[Federal Register Volume 80, Number 109 (Monday, June 8, 2015)]
[Notices]
[Pages 32344-32346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13942]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-900]
Diamond Sawblades and Parts Thereof From the People's Republic of
China; Final Results of Antidumping Duty Administrative Review; 2012-
2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 4, 2014, the Department of Commerce (the
Department) published the preliminary results of the administrative
review of the antidumping duty order on diamond sawblades and parts
thereof (diamond sawblades) from the People's Republic of China (the
PRC). The period of review (POR) is November 1, 2012, through October
31, 2013. For the final results, we continue to find that certain
companies covered by this review made sales of subject merchandise at
less than normal value.
DATES: Effective Date: June 8, 2015.
FOR FURTHER INFORMATION CONTACT: Michael Romani or Yang Jin Chun, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0198 or (202) 482-5760, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 4, 2014, the Department published the preliminary
results of the administrative review of the antidumping duty order on
diamond sawblades from the PRC.\1\ We received case and rebuttal briefs
with respect to the Preliminary Results and, at the request of
interested parties, held a hearing on April 15, 2015. We extended the
due date for the final results of review to June 2, 2015.\2\ We
conducted this administrative review in accordance with section 751 of
the Tariff Act of 1930, as amended (the Act).
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\1\ See Diamond Sawblades and Parts Thereof From the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review; 2012-2013, 79 FR 71980 (December 4, 2014)
(Preliminary Results), and the accompanying Preliminary Decision
Memorandum.
\2\ See the memorandum to Associate Deputy Assistant Secretary
Gary Taverman entitled ``Diamond Sawblades and Parts Thereof from
the People's Republic of China: Extension of Deadline for Final
Results of Antidumping Duty Administrative Review'' dated April 1,
2015, and the memorandum to Deputy Assistant Secretary Christian
Marsh entitled ``Diamond Sawblades and Parts Thereof from the
People's Republic of China: Second Extension of Deadline for Final
Results of Antidumping Duty Administrative Review'' dated May 5,
2015.
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Scope of the Order
The merchandise subject to the order is diamond sawblades. The
diamond sawblades subject to the order are currently classifiable under
subheadings 8202 to 8206 of the Harmonized Tariff Schedule of the
United States (HTSUS), and may also enter under 6804.21.00. The HTSUS
subheadings are provided for convenience and customs purposes. A full
description of the scope of the order is contained in the Issues and
Decision Memorandum.\3\ The written description is dispositive.
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\3\ See the memorandum from Deputy Assistant Secretary Christian
Marsh to Acting Assistant Secretary Ronald K. Lorentzen entitled
``Issues and Decision Memorandum for the Administrative Review of
the Antidumping Duty Order on Diamond Sawblades and Parts Thereof
from the People's Republic of China'' dated June 2, 2015, (Issues
and Decision Memorandum) and hereby adopted by this notice, at 4-5.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum. A list of the issues raised is attached to this notice as
an appendix. The Issues and Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). Access to ACCESS is available to registered users at
http://access.trade.gov. The Issues and Decision Memorandum is also
available to all parties in the Central Records Unit, room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Issues and Decision Memorandum can be accessed directly on the
Enforcement and Compliance Web site at http://enforcement.trade.gov/frn/index.html.
Final Determination of No Shipments
We preliminarily found that Qingdao Shinhan Diamond Industrial Co.,
Ltd. (Qingdao Shinhan), which has been eligible for a separate rate in
previous segments of the proceeding and is subject to this review, did
not have any reviewable entries of subject merchandise during the
POR.\4\ After the Preliminary Results, we received no comments or
additional information with respect to Qingdao Shinhan. Therefore, for
the final results, we continue to find that Qingdao Shinhan did not
have any reviewable entries of subject merchandise during the POR.
Consistent with our ``automatic assessment'' clarification, we will
issue appropriate instructions to CBP based on our final results.\5\
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\4\ See Preliminary Results and the accompanying Preliminary
Decision Memorandum at 5.
\5\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 4, 2011) (Assessment
Practice Refinement); see also the ``Assessment'' section of this
notice, below.
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Changes Since the Preliminary Results
Based on our analysis of comments received, we made revisions that
have changed the results for certain companies, including the valuation
of certain factors of production and the PRC-wide rate. Additionally,
we made calculation programming changes for the final results. For
further details on the changes we made for these final results, see the
company-specific analysis memoranda, the Issues and Decision
Memorandum, and the final surrogate value memorandum, dated
concurrently with this notice.
Final Results of the Review
As a result of this administrative review, we determine that the
following weighted-average dumping margins exist for the period
November 1, 2012, through October 31, 2013:
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\6\ During this segment of the proceeding, we identified certain
name variations for several companies. See Preliminary Results, 79
FR at 71981, n.9, n.10, and n.11, and the accompanying Preliminary
Decision Memorandum at 7-8.
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Company \6\ Margin (percent)
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Bosun Tools Co., Ltd.................................. 1.51
Chengdu Huifeng Diamond Tools Co., Ltd................ 2.34
Danyang City Ou Di Ma Tools Co., Ltd.................. 2.34
Danyang Huachang Diamond Tools Manufacturing Co., Ltd. 2.34
Danyang NYCL Tools Manufacturing Co., Ltd............. 2.34
Danyang Tsunda Diamond Tools Co., Ltd................. 2.34
Danyang Weiwang Tools Manufacturing Co., Ltd.......... 2.34
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Guilin Tebon Superhard Material Co., Ltd.............. 2.34
Hangzhou Deer King Industrial and Trading Co., Ltd.... 2.34
Hangzhou Kingburg Import & Export Co., Ltd............ 2.34
Huzhou Gu's Import & Export Co., Ltd.................. 2.34
Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd..... 2.34
Jiangsu Inter-China Group Corporation................. 2.34
Jiangsu Youhe Tool Manufacturer Co., Ltd.............. 2.34
Pujiang Talent Diamond Tools Co., Ltd................. 2.34
Qingdao Hyosung Diamond Tools Co., Ltd................ 2.34
Qingyuan Shangtai Diamond Tools Co., Ltd.............. 2.34
Quanzhou Zhongzhi Diamond Tool Co. Ltd................ 2.34
Rizhao Hein Saw Co., Ltd.............................. 2.34
Saint-Gobain Abrasives (Shanghai) Co., Ltd............ 2.34
Shanghai Jingquan Ind. Trade Co., Ltd................. 2.34
Shanghai Starcraft Tools Company Limited.............. 2.34
Weihai Xiangguang Mechanical Industrial Co., Ltd...... 3.35
Wuhan Wanbang Laser Diamond Tools Co.................. 2.34
Xiamen ZL Diamond Technology Co., Ltd................. 2.34
Zhejiang Wanli Tools Group Co., Ltd................... 2.34
PRC-Wide Entity \7\................................... 82.05
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Assessment
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\7\ The PRC-wide entity includes the following companies: ATM
Single Entity, Central Iron and Steel Research Institute Group,
China Iron and Steel Research Institute Group, Danyang Aurui
Hardware Products Co., Ltd., Danyang Dida Diamond Tools
Manufacturing Co., Ltd., Electrolux Construction Products (Xiamen)
Co. Ltd., Fujian Quanzhou Wanlong Stone Co., Ltd., Hebei Jikai
Industrial Group Co., Ltd., Huachang Diamond Tools Manufacturing
Co., Ltd., Hua Da Superabrasive Tools Technology Co., Ltd., Jiangsu
Fengyu Tools Co., Ltd., Jiangyin Likn Industry Co., Ltd., Protech
Diamond Tools, Quanzhou Shuangyang Diamond Tools Co., Ltd., Quanzhou
Zongzhi Diamond Tool Co. Ltd., Shanghai Deda Industry & Trading Co.,
Ltd., Shanghai Robtol Tool Manufacturing Co., Ltd., Shijiazhuang
Global New Century Tools Co., Ltd., Sichuan Huili Tools Co., Task
Tools & Abrasives, Wanli Tools Group, Wuxi Lianhua Superhard
Material Tools Co., Ltd., Zhejiang Tea Import & Export Co., Ltd.,
Zhejiang Wanda Import and Export Co., Zhejiang Wanda Tools Group
Corp., and Zhejiang Wanli Super-hard Materials Co., Ltd. ATM Single
Entity includes Advanced Technology & Materials Co., Ltd. (ATM),
Beijing Gang Yan Diamond Products Co. (BGY), Yichang HXF Circular
Saw Industrial Co., Ltd. (currently HXF Saw Co., Ltd.) (HXF), Cliff
(Tianjin) International Ltd (Cliff), and AT&M International Trading
Co., Ltd. Cliff also used the company name Cliff International Ltd.
See 3rd Review Prelim, 78 FR at 77099, n.4, and the accompanying
Preliminary Decision Memorandum at 5, n.24, unchanged in 3rd Review
Final for HXF's name change and Cliff's use of another company name.
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Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department shall determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries
covered by this review.\8\ For customers or importers of Weihai
Xiangguang Mechanical Industrial Co., Ltd. (Weihai) for which we do not
have entered values, we calculated customer-/importer-specific
antidumping duty assessment amounts based on the ratio of the total
amount of dumping duties calculated for the examined sales of subject
merchandise to the total sales quantity of those same sales.\9\ For
customers or importers of Bosun Tools Co., Ltd., and Weihai for which
we received entered-value information, we have calculated customer/
importer-specific antidumping duty assessment rates based on customer-/
importer-specific ad valorem rates in accordance with 19 CFR
351.212(b)(1).
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\8\ See 19 CFR 351.212(b)(1).
\9\ Id.
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For all non-selected respondents that received a separate rate, we
will instruct CBP to apply an antidumping duty assessment rate of 2.34
percent \10\ to all entries of subject merchandise that entered the
United States during the POR. For all other companies, except as
described in Comment 2 of the Issues and Decision Memorandum, we will
instruct CBP to apply the antidumping duty assessment rate of the PRC-
wide entity, 82.05 percent, to all entries of subject merchandise
exported by these companies.\11\
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\10\ See Issues and Decision Memorandum at 5-6.
\11\ Effective March 22, 2013, a date which falls within the
period of this administrative review, the Department partially
revoked the antidumping duty order with respect to the entries of
diamond sawblades from the PRC produced and exported by three
members of the ATM Single Entity: ATM, BGY, and HXF. See Certain
Frozen Warmwater Shrimp From the People's Republic of China and
Diamond Sawblades and Parts Thereof From the People's Republic of
China: Notice of Implementation of Determinations Under Section 129
of the Uruguay Round Agreements Act and Partial Revocation of the
Antidumping Duty Orders, 78 FR 18958, 18959 n.10, 18960 (March 28,
2013) (Section 129 Partial Revocation). In connection with a
temporary restraining order and subsequent injunction issued by the
U.S. Court of International Trade in Court No. 09-00511, the
Department had suspended entries of subject merchandise exported by
the ATM Single Entity. See Section 129 Partial Revocation, 78 FR
18958, 18960 n.20. This injunction has dissolved as a result of the
final and conclusive court decision in Advanced Technology &
Materials Co., Ltd. et al. v. United States, Court No. 2014-1154
(Fed. Cir. Oct. 24, 2014). Accordingly, we intend to liquidate the
entries of subject merchandise exported by the ATM Single Entity as
explained in the Issues and Decision Memorandum at Comment 2.
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Pursuant to a refinement to the Department's assessment practice in
NME cases,\12\ for entries that were not reported in the U.S. sales
databases submitted by companies individually examined during this
review, the Department will instruct CBP to liquidate such entries at
the PRC-wide rate. In addition, for Qingdao Shinhan, the exporter that
we determined had no reviewable entries of the subject merchandise in
this review period, any suspended entries that entered under that
exporter's case number (i.e., at that exporter's rate) will be
liquidated at the PRC-wide rate.
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\12\ For a full discussion of this practice, see Assessment
Practice Refinement.
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We intend to issue assessment instructions to CBP 15 days after the
date of publication of the final results of review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of review for all shipments of the
subject merchandise from the PRC entered, or withdrawn from warehouse,
for consumption on or after the publication date as provided by section
751(a)(2)(C) of the Act: (1) For subject merchandise exported by the
companies listed above that have separate rates, the cash deposit rate
will be the rate established in these final results of review for each
exporter as listed above; (2) for previously investigated or reviewed
PRC
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and non-PRC exporters not listed above that received a separate rate in
a prior segment of this proceeding, the cash deposit rate will continue
to be the exporter-specific rate; (3) for all PRC exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be that for the PRC-wide entity, except as
described in Comment 2 of the Issues and Decision Memorandum; \13\ (4)
for all non-PRC exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the PRC exporter that supplied that non-PRC exporter.
These deposit requirements shall remain in effect until further notice.
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\13\ Consistent with partial revocation of the order in Section
129 Partial Revocation and the dissolution of injunction pursuant to
which incoming entries of subject merchandise from the ATM Single
Entity remained suspended from liquidation, no cash deposits for
estimated antidumping duties will be required for ATM, BGY, and HXF.
See Section 129 Partial Revocation, 78 FR at 18959 n.10 and 18960
(``Accordingly, the Department will instruct CBP . . . to
discontinue the collection of cash deposits for estimated
antidumping duties for {ATM, BGY, and HXF{time} '').
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Orders
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
These final results of review are issued and published in
accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: June 2, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
Summary
Background
Company Abbreviations
Other Abbreviations
Diamond Sawblades Administrative Determinations and Results
Scope of the Order
Surrogate Country
Separate Rates
Discussion of the Issues
Separate Rate
Untimely Filed Separate Rate Applications
Value-Added Tax
Differential Pricing
Surrogate Values
Request To Apply Adverse Facts Available
Recommendation
[FR Doc. 2015-13942 Filed 6-5-15; 8:45 am]
BILLING CODE 3510-DS-P