[Federal Register Volume 81, Number 114 (Tuesday, June 14, 2016)]
[Notices]
[Pages 38673-38675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14047]


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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; 2013-
2014

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

SUMMARY: On December 4, 2015, 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, 2013, through October 
31, 2014. 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 14, 2016

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, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-5760 and (202) 482-
3683, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 4, 2015, 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. As explained in the memorandum 
from the Acting Assistant Secretary for Enforcement and Compliance, the 
Department exercised its discretion to toll all administrative 
deadlines due to a closure of the Federal Government. All deadlines in 
this segment of the proceeding have been extended by four business 
days. The revised deadline for the final results of this review moved 
to April 8, 2016.\2\ Subsequently, we fully extended the time for 
completing the final results of this administrative review to June 7, 
2016.\3\ At the request of interested parties, we held a hearing on 
April 20, 2016. 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; 2013-2014, 80 FR 75854 (December 4, 2015) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Memorandum for the Record from Acting Assistant 
Secretary Ron Lorenzen entitled ``Tolling of Administrative 
Deadlines as a Result of the Government Closure during Snowstorm 
`Jonas''' dated January 27, 2016.
    \3\ See 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 March 23, 2016, 
and Memorandum to Deputy Assistant Secretary Christian Marsh 
entitled ``Diamond Sawblades and Parts Thereof from the People's 
Republic of China: Full Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review'' dated May 18, 2016.
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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.\4\ The written description is dispositive.
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    \4\ See Memorandum from Deputy Assistant Secretary Christian 
Marsh to Assistant Secretary Paul Piquado 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 7, 2016, (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 B8024 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 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., which have been eligible for separate rates in previous segments 
of the proceeding and are subject to this review, did not have any 
reviewable entries of subject merchandise during the POR.\5\ After the 
Preliminary Results,

[[Page 38674]]

we received no comments or additional information with respect to these 
six companies. Therefore, for the final results, we continue to find 
that these six companies did not have any reviewable entries of subject 
merchandise during the POR. Consistent with our practice, we will issue 
appropriate instructions to U.S. Customs and Border Protection (CBP) 
based on our final results.
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    \5\ See Preliminary Results, and accompanying Preliminary 
Decision Memorandum at 3-4.
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Final Affiliation and Single Entity Determination

    For the final results, we continue to 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 Act. Additionally, under 19 CFR 
351.401(f)(1)-(2), we continue to find that these companies should be 
considered a single entity (collectively known as the Jiangsu Fengtai 
Single Entity).\6\
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    \6\ See Preliminary Results, and accompanying Preliminary 
Decision Memorandum at 4-6 for more details.
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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. Moreover, on May 11, 2016, in Diamond 
Sawblades Manufacturers' Coalition v. United States, Court No. 13-
00168, the Court of International Trade affirmed a remand 
redetermination in which the Department determined it appropriate to 
reinstate the antidumping duty order on diamond sawblades from the PRC, 
in part, with respect to certain parts of the ATM Single Entity for 
which the Department previously had revoked the order, in part.\7\ 
Accordingly, the Department reinstated the order on diamond sawblades 
from the PRC, in part, with respect to these companies.\8\ As a result, 
all companies that the Department has found to constitute the ATM 
Single Entity are subject to this administrative review.\9\
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    \7\ The ATM Single Entity is comprised of 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. Concerning partial revocation of the antidumping duty 
order on diamond sawblades from the PRC, 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 (March 28, 2013); Diamond 
Sawblades Manufacturer's Coalition v. United States, Consol. Court 
No. 13-00168, Slip Op. 16-48 (CIT May 11, 2016).
    \8\ See Diamond Sawblades And Parts Thereof from the People's 
Republic of China: Notice of Court Decision Not in Harmony With 
Final Determination Under Section 129 of the Uruguay Round 
Agreements Act and Reinstatement of Order, In Part, 81 FR 36519 
(June 7, 2016).
    \9\ Id. To the extent they do not demonstrate eligibility for a 
separate rate and no party has requested a review of the PRC-wide 
entity, there is no conditional review of the PRC-wide entity. 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), and 
Preliminary Results, 80 FR at 75854.
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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, 2013, through October 31, 2014:

------------------------------------------------------------------------
                                                                Margin
                           Company                             (percent)
------------------------------------------------------------------------
Bosun Tools Co., Ltd........................................       29.76
Chengdu Huifeng Diamond Tools Co., Ltd......................       29.76
Danyang Huachang Diamond Tools Manufacturing Co., Ltd.......       29.76
Danyang NYCL Tools Manufacturing Co., Ltd...................       29.76
Danyang Weiwang Tools Manufacturing Co., Ltd................       29.76
Guilin Tebon Superhard Material Co., Ltd....................       29.76
Hangzhou Deer King Industrial and Trading Co., Ltd..........       29.76
Hong Kong Hao Xin International Group Limited...............       29.76
Huzhou Gu's Import & Export Co., Ltd........................       29.76
Jiangsu Fengtai Single Entity \10\..........................       61.48
Jiangsu Huachang Tools Manufacturing Co., Ltd...............       29.76
Jiangsu Inter-China Group Corporation \11\..................       29.76
Jiangsu Youhe Tool Manufacturer Co., Ltd....................       29.76
Orient Gain International Limited...........................       29.76
Pantos Logistics (HK) Company Limited.......................       29.76
Qingyuan Shangtai Diamond Tools Co., Ltd....................       29.76
Quanzhou Zhongzhi Diamond Tool Co., Ltd.....................       29.76
Rizhao Hein Saw Co., Ltd....................................       29.76
Saint-Gobain Abrasives (Shanghai) Co., Ltd..................       29.76
Shanghai Jingquan Industrial Trade Co., Ltd.................       29.76
Weihai Xiangguang Mechanical Industrial Co., Ltd............       21.67
Wuhan Wanbang Laser Diamond Tools Co........................       29.76
Xiamen ZL Diamond Technology Co., Ltd.......................       29.76
Zhejiang Wanli Tools Group Co., Ltd.........................       29.76
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Assessment

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries covered by this review.\12\ For 
customers or importers of the Jiangsu Fengtai Single Entity and 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.\13\ For a 
customer or importer of Weihai for which we received entered-value 
information, we have calculated a customer/importer-specific 
antidumping duty assessment rate based on customer-/importer-specific 
ad valorem rates in accordance with 19 CFR 351.212(b)(1).
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    \10\ For the final results, we continue to treat Jiangsu Fengtai 
Diamond Tool Manufacture Co., Ltd., Jiangsu Fengtai Tools Co., Ltd., 
and Jiangsu Sawing Co., Ltd., as a single entity. See Preliminary 
Results, 80 FR at 75854-55, and accompanying Preliminary Decision 
Memorandum at 4-6 for details.
    \11\ See Preliminary Results, 80 FR at 75855 n.15 for the name 
variation of this company.
    \12\ See 19 CFR 351.212(b)(1).
    \13\ 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 29.76 
percent \14\ to all entries of subject merchandise that entered the 
United States during the POR. For all other companies, with the 
exception of the ATM Single Entity, 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.\15\
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    \14\ See Issues and Decision Memorandum at 5-6.
    \15\ 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. Additionally, 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.) is part of the 
PRC-wide entity. See Issues and Decision Memorandum at 7 and 8 for 
more information concerning the ATM Single Entity as part of the 
PRC-wide entity and the effect of the Department's remand 
redetermination in Diamond Sawblades Manufacturer's Coalition v. 
United States, Consol. Court No. 13-00168, Slip Op. 16-48 (CIT May 
11, 2016), which implicates entries of diamond sawblades from the 
PRC from the ATM Single Entity. A preliminary injunction issued by 
the Court of International Trade in Diamond Sawblades Manufacturers' 
Coalition v. United States, Court No. 13-00168, currently enjoins us 
from lifting suspension of liquidation for entries of subject 
merchandise produced and/or exported by the ATM Single Entity to the 
extent that such entries were made on or after March 22, 2013. See 
CBP Message Number 5238306 dated August 26, 2015, which is available 
at http://adcvd.cbp.dhs.gov/adcvdweb/ad_cvd_msgs/20287.

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[[Page 38675]]

    For entries that were not reported in the U.S. sales databases 
submitted by an exporter individually examined during this review, the 
Department will instruct CBP to liquidate such entries at the PRC-wide 
rate. In addition, for the six companies 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.
    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 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; (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.

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 7, 2016.
Paul Piquado,
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
Differential Pricing
ATM Single Entity
Discussion of the Issues
Respondent Selection
Value-Added Tax
Differential Pricing
Surrogate Values
Billing Adjustments
Reconstruction of Control Numbers
Rescission of Review in Part
Recommendation

[FR Doc. 2016-14047 Filed 6-13-16; 8:45 am]
 BILLING CODE 3510-DS-P