[Federal Register Volume 80, Number 233 (Friday, December 4, 2015)]
[Notices]
[Pages 75854-75856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30715]



[[Page 75854]]

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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: Preliminary Results of Antidumping Duty Administrative Review; 
2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
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, 
2013, through October 31, 2014. The Department has preliminarily 
determined that certain companies covered by this review made sales of 
subject merchandise at less than normal value. Interested parties are 
invited to comment on these preliminary results.

DATES: Effective Date: December 4, 2015.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Bryan Hansen, 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-
5760 and (202) 482-3683, respectively.

Scope of the Order

    The merchandise subject to the order is diamond sawblades and parts 
thereof. 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. While the HTSUS subheadings are provided for convenience 
and customs purposes, the written description is dispositive. A full 
description of the scope of the order is contained in the Preliminary 
Decision Memorandum.\1\
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    \1\ See the Memorandum from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, entitled ``Decision 
Memorandum for Preliminary Results of 2013-2014 Antidumping Duty 
Administrative Review: Diamond Sawblades and Parts Thereof from the 
People's Republic of China'' dated concurrently with and hereby 
adopted by this notice (Preliminary Decision Memorandum).
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Rescission of Review in Part

    We are rescinding the review in part with respect to Husqvarna 
(Hebei) Co., Ltd.\2\
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    \2\ Id. at 2-3 for more details on this rescission in part.
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Preliminary Determination of No Shipments

    Six companies that received a separate rate in previous segments of 
the proceeding and are subject to this review reported that they did 
not have any exports of subject merchandise during the POR.\3\ U.S. 
Customs and Border Protection (CBP) data for the POR corroborated the 
no-shipment claims of these companies.\4\ Additionally, we requested 
that CBP report any contrary information.\5\ To date, CBP has not 
responded to our inquiry with any contrary information and we have not 
received any evidence that these companies had any shipments of the 
subject merchandise sold to the United States during the POR.\6\ 
Consistent with the Department's assessment practice in non-market 
econonmy (NME) cases regarding no shipment claims, we are completing 
the review with respect to these companies and will issue appropriate 
instructions to CBP based on the final results of the review.\7\
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    \3\ See the no-shipment letters dated February 23, 2015, from 
Danyang City Ou Di Ma Tools Co., Ltd., Danyang Tsunda Diamond Tools 
Co., Ltd., Hangzhou Kingburg Import & Export Co., Ltd., Qingdao 
Hyosung Diamond Tools Co., Ltd., Qingdao Shinhan Diamond Industrial 
Co., Ltd., and Shanghai Starcraft Tools Co., Ltd.
    \4\ See the CBP data attached to the letter to all interested 
parties dated March 20, 2015.
    \5\ See CBP message numbers 5261301, 5261302, 5261303, 5261304, 
5261305, and 5261306 dated September 18, 2015, available at http://adcvd.cbp.dhs.gov/adcvdweb/.
    \6\ CBP only responds to the Department's inquiry when there are 
records of shipments from the company in question. See, e.g., 
Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Flat Products 
From Brazil: Notice of Rescission of Antidumping Duty Administrative 
Review, 75 FR 65453, 65454 (October 25, 2010).
    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), and the 
``Assessment Rates'' section below.
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Preliminary Affiliation and Single Entity Determination

    Based on the record evidence for these preliminary results, we find 
that Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd., Jiangsu 
Fengtai Tools Co., Ltd., and Jiangsu Sawing Co., Ltd., are affiliated, 
pursuant to sections 771(33)(A) and (F) of the Tariff Act of 1930, as 
amended (the Act). Additionally, under 19 CFR 351.401(f)(1)-(2), we 
preliminarily find that these companies should be considered a single 
entity (collectively known as the Jiangsu Fengtai Single Entity).\8\
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    \8\ See Preliminary Decision Memorandum at 4-6 for more details.
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Separate Rates

    The Department preliminarily determines that 24 respondents are 
eligible to receive separate rates in this review.\9\
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    \9\ Id., at 7-11, for more details.
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Separate Rates for Eligible Non-Selected Respondents

    Consistent with our practice, we assigned to eligible non-selected 
respondents the average of the weighted-average margins calculated for 
the two individually examined respondents as the separate rate for the 
preliminary results of this review.\10\
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    \10\ Id.
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PRC-Wide Entity

    The Department's change in policy regarding conditional review of 
the PRC-wide entity applies to this administrative review.\11\ Under 
this policy, the PRC-wide entity will not be under review unless a 
party specifically requests, or the Department self-initiates, a review 
of the entity. Because no party requested a review of the PRC-wide 
entity in this review, the entity is not under review and the entity's 
rate is not subject to change (i.e., 82.05 percent).\12\ Aside from the 
no-shipments and separate rate companies discussed above, and the 
company for which the review is being rescinded, the Department 
considers all other companies for which a review was requested (which 
did not file a separate rate application) to be part of the PRC-wide 
entity.\13\
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    \11\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \12\ See Diamond Sawblades and Parts Thereof From the People's 
Republic of China; Final Results of Antidumping Duty Administrative 
Review; 2012-2013, 80 FR 32344, 32345 (June 8, 2015).
    \13\ See Initiation Notice, 79 FR at 76957 (``All firms listed 
below that wish to qualify for separate rate status in the 
administrative reviews involving NME countries must complete, as 
appropriate, either a separate rate application or certification, as 
described below.''). Companies that are subject to this 
administrative review that are considered to be part of the PRC-wide 
entity are 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, 
Pujiang Talent Diamond Tools Co., Ltd., Quanzhou Shuangyang Diamond 
Tools 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. Addtionally, to the 
extent certain merchandise from the ATM Single Entity (i.e., 
Advanced Technology & Materials Co., Ltd., AT&M International 
Trading Co., Ltd., Beijing Gang Yan Diamond Products Co., Cliff 
International Ltd., and HXF Saw Co., Ltd.) remains subject to the 
order, the ATM Single Entity is also considered to be part of the 
PRC-wide entity. See Preliminary Decision Memorandum at 3, 10, and 
12, n. 58, for more details on our treatment of the ATM Single 
Entity; 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 (March 28, 
2013).

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[[Page 75855]]

Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(B) of the Act. Export price and constructed export price were 
calculated in accordance with section 772 of the Act. Because the PRC 
is a NME within the meaning of section 771(18) of the Act, normal value 
was calculated in accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
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 is available to 
registered users at http://access.trade.gov and to all parties in the 
Central Records Unit, room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html.

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                              Margin
                        Exporter                             (percent)
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Bosun Tools Co., Ltd....................................           12.20
Chengdu Huifeng Diamond Tools Co., Ltd..................           12.20
Danyang Huachang Diamond Tools Manufacturing Co., Ltd...           12.20
Danyang NYCL Tools Manufacturing Co., Ltd...............           12.20
Danyang Weiwang Tools Manufacturing Co., Ltd............           12.20
Guilin Tebon Superhard Material Co., Ltd................           12.20
Hangzhou Deer King Industrial and Trading Co., Ltd......           12.20
Hong Kong Hao Xin International Group Limited...........           12.20
Huzhou Gu's Import & Export Co., Ltd....................           12.20
Jiangsu Fengtai Single Entity \14\......................           57.10
Jiangsu Huachang Tools Manufacturing Co., Ltd...........           12.20
Jiangsu Inter-China Group Corporation \15\..............           12.20
Jiangsu Youhe Tool Manufacturer Co., Ltd................           12.20
Orient Gain International Limited.......................           12.20
Pantos Logistics (HK) Company Limited...................           12.20
Qingyuan Shangtai Diamond Tools Co., Ltd................           12.20
Quanzhou Zhongzhi Diamond Tool Co. Ltd..................           12.20
Rizhao Hein Saw Co., Ltd................................           12.20
Saint-Gobain Abrasives (Shanghai) Co., Ltd..............           12.20
Shanghai Jingquan Industrial Trade Co., Ltd.............           12.20
Weihai Xiangguang Mechanical Industrial Co., Ltd........            0.75
Wuhan Wanbang Laser Diamond Tools Co....................           12.20
Xiamen ZL Diamond Technology Co., Ltd...................           12.20
Zhejiang Wanli Tools Group Co., Ltd.....................           12.20
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Disclosure and Public Comment

    The Department intends to disclose calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of these 
preliminary results of review.\16\ Parties who submit case briefs or 
rebuttal briefs in this proceeding are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\17\ Rebuttal briefs, limited 
to issues raised in the case briefs, may be filed no later than five 
days after the case briefs are filed.\18\
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    \14\ As noted above, we preliminarily treat Jiangsu Fengtai 
Diamond Tool Manufacture Co., Ltd., Jiangsu Fengtai Tools Co., Ltd., 
and Jiangsu Sawing Co., Ltd., as a single entity. See the 
Preliminary Affiliation and Single Entity Determination section 
above and Preliminary Decision Memorandum at 4-6 for details.
    \15\ Jiangsu Inter-China Group Corporation was previously known 
as Zhenjiang Inter-China Import & Export Co., Ltd., a company for 
which we initiated this review in Initiation Notice, 79 FR at 76958. 
See Diamond Sawblades and Parts Thereof From the People's Republic 
of China: Preliminary Results of Antidumping Duty Administrative 
Review; 2011-2012, 78 FR 77098, 77100, n. 15 (December 20, 2013), 
unchanged in Diamond Sawblades and Parts Thereof From the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2011-2012, 79 FR 35723, 35724 n.7 (June 24, 2014).
    \16\ See 19 CFR 351.309(c).
    \17\ See 19 CFR 351.309(c)(2).
    \18\ See 19 CFR 351.309(d).
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, filed electronically using 
ACCESS. An electronically filed document must be received successfully 
in its entirety by the Department's ACCESS by 5:00 p.m. Eastern Time 
within 30 days after the date of publication of this notice.\19\ 
Hearing requests should contain (1) the party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be

[[Page 75856]]

limited to those raised in the respective case briefs. The Department 
intends to issue the final results of this review, including the 
results of its analysis of issues raised by parties in their comments, 
within 120 days after the publication of these preliminary results, 
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
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    \19\ See 19 CFR 351.310(c).
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Assessment Rates

    Upon issuing the final results of review, the Department will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by this review.\20\ If a respondent's weighted-average 
dumping margin is above de minimis (i.e., 0.5 percent) in the final 
results of this review, we will calculate an importer-specific 
assessment rate on the basis of the ratio of the total amount of 
dumping calculated for the importer's examined sales and the total 
entered value of those sales in accordance with 19 CFR 351.212(b)(1). 
Specifically, the Department will apply the assessment rate calculation 
method adopted in Final Modification for Reviews.\21\ Where an 
importer- (or customer-) specific ad valorem rate is zero or de 
minimis, we will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.\22\
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    \20\ See 19 CFR 351.212(b)(1).
    \21\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012) 
(Final Modification for Reviews).
    \22\ See 19 CFR 351.106(c)(2).
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    For Husqvarna (Hebei) Co., Ltd., for which the review is rescinded, 
the antidumping duty shall be assessed at the rate equal to the cash 
deposit of the estimated antidumping duty required at the time of 
entry, or withdrawal from warehouse, for consumption, in accordance 
with 19 CFR 351.212(c)(2). We will instruct CBP accordingly.
    Pursuant to the Department's assessment practice in NME cases,\23\ 
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, if the Department determines that an exporter under 
review had no shipments of the subject merchandise, 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.\24\ The 
Department intends to issue appropriate assessment instructions 
directly to CBP 15 days after publication of the final results of 
review.
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    \23\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
    \24\ Id.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
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 that established in the final 
results of review (except, if the rate is zero or de minimis, then zero 
cash deposit will be required); (2) for previously investigated or 
reviewed PRC 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 existing 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; and (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, when imposed, shall 
remain in effect until further notice.

Notification to Importers

    This notice serves as a preliminary 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 POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: November 30, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

Summary
Background
Scope of the Order
Rescission of Review in Part
Preliminary Determination of No Shipments
Affiliation and Single Entity
Discussion of the Methodology
    Non-Market Economy Country Status
    Separate Rates
    Surrogate Country
Fair Value Comparisons
    Determination of Comparison Method
    Results of the Differential Pricing Analysis
    U.S. Price
    Normal Value
    Factor Valuations
Currency Conversion
Recommendation

[FR Doc. 2015-30715 Filed 12-3-15; 8:45 am]
 BILLING CODE 3510-DS-P