[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Notices]
[Pages 89045-89047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29542]


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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; 
2014-2015

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, 
2014, through October 31, 2015. 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 December 9, 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.

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 Deputy Assistant Secretary Christian 
Marsh to Assistant Secretary Paul Piquado entitled, ``Diamond 
Sawblades and Parts Thereof from the People's Republic of China: 
Decision Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review; 2014-2015,'' dated concurrently with and 
hereby adopted by this notice (Preliminary Decision Memorandum).
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Preliminary Determination of No Shipments

    Five 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.\2\ U.S. 
Customs and Border Protection (CBP) data for the POR indicated that 
these companies had no shipments.\3\ Additionally, we requested that 
CBP report any contrary information.\4\ 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. Further, 
consistent with our practice, we find that it is not appropriate to 
rescind the review with respect to these companies but, rather, to 
complete the review and issue appropriate instructions to CBP based on 
the final results of review.\5\
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    \2\ See the February 11, 2016, no-shipment letters from Danyang 
City Ou Di Ma Tools Co., Ltd., Qingdao Hyosung Diamond Tools Co., 
Ltd., and Shanghai Starcraft Tools Company Limited, the February 12, 
2016, no-shipment letter from Qingdao Shinhan Diamond Industrial 
Co., Ltd., and the April 1, 2016, letter correcting the separate 
rate certification and certifying no shipment from Danyang Tsunda 
Diamond Tools Co., Ltd.
    \3\ See the CBP data attached to the letter to all interested 
parties dated January 15, 2016.
    \4\ See CBP message numbers 6294301, 6294302, 6294305, 6294306, 
and 6294307 dated October 20, 2016, available at http://adcvd.cbp.dhs.gov/adcvdweb/.
    \5\ See, e.g., Wooden Bedroom Furniture from the People's 
Republic of China: Final Results and Final Rescission, In Part, of 
Administrative Review and Final Results of New Shipper Review; 2013, 
80 FR 34619 (June 17, 2015).
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Separate Rates

    The Department preliminarily determines that 24 respondents are 
eligible to receive separate rates in this review.\6\
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    \6\ See Preliminary Decision Memorandum at 4-8, 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 weighted-average margin calculated for Bosun Tools Co., 
Ltd. as the separate rate for the preliminary results of this 
review.\7\
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    \7\ Id.

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[[Page 89046]]

PRC-Wide Entity

    The Department's change in policy regarding conditional review of 
the PRC-wide entity applies to this administrative review.\8\ 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).\9\ 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.\10\
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    \8\ 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).
    \9\ See, e.g., 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).
    \10\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 736, 737 (January 7, 2016) (``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 ASHINE Diamond Tools Co., Ltd., Hebei XMF Tools Group 
Co., Ltd., Henan Huanghe Whirlwind Co., Ltd., Henan Huanghe 
Whirlwind International Co., Ltd., and Pujiang Talent Diamond Tools 
Co., Ltd.
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Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(B) of the Act. For Bosun Tools Co., Ltd., constructed export 
price was calculated in accordance with section 772 of the Act. Because 
the PRC is a non-market economy within the meaning of section 771(18) 
of the Act, normal value was calculated in accordance with section 
773(c) of the Act. For the Jiangsu Fengtai Single Entity,\11\ we 
assigned a margin based on adverse facts available pursuant to section 
776(b) of the Act.
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    \11\ We preliminarily treat Jiangsu Fengtai Diamond Tool 
Manufacture Co., Ltd., Jiangsu Fengtai Tools Co., Ltd., and Jiangsu 
Fengtai Sawing Industry Co., Ltd., as a single entity. See 
Preliminary Decision Memorandum at 2, n. 4 for details.
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    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:

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                       Exporter                         Margin (percent)
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Bosun Tools Co., Ltd.................................               6.20
Chengdu Huifeng Diamond Tools Co., Ltd...............               6.20
Danyang Hantronic Import & Export Co., Ltd...........               6.20
Danyang Huachang Diamond Tools Manufacturing Co., Ltd               6.20
Danyang Like Tools Manufacturing Co., Ltd............               6.20
Danyang NYCL Tools Manufacturing Co., Ltd............               6.20
Danyang Weiwang Tools Manufacturing Co., Ltd.........               6.20
Guilin Tebon Superhard Material Co., Ltd.............               6.20
Hangzhou Deer King Industrial and Trading Co., Ltd...               6.20
Hangzhou Kingburg Import & Export Co., Ltd...........               6.20
Huzhou Gu's Import & Export Co., Ltd.................               6.20
Jiangsu Fengtai Single Entity........................              82.05
Jiangsu Inter-China Group Corporation................               6.20
Jiangsu Youhe Tool Manufacturer Co., Ltd.............               6.20
Qingyuan Shangtai Diamond Tools Co., Ltd.............               6.20
Quanzhou Zhongzhi Diamond Tool Co., Ltd..............               6.20
Rizhao Hein Saw Co., Ltd.............................               6.20
Saint-Gobain Abrasives (Shanghai) Co., Ltd...........               6.20
Shanghai Jingquan Industrial Trade Co., Ltd..........               6.20
Sino Tools Co., Ltd..................................               6.20
Weihai Xiangguang Mechanical Industrial Co., Ltd.....               6.20
Wuhan Wanbang Laser Diamond Tools Co., Ltd. \12\.....               6.20
Xiamen ZL Diamond Technology Co., Ltd................               6.20
Zhejiang Wanli Tools Group Co., Ltd..................               6.20
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Disclosure and Public Comment
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    \12\ Wuhan Wanbang Laser Diamond Tools Co., Ltd., is the 
successor-in-interest to Wuhan Wanbang Laser Diamond Tools Co. See 
Diamond Sawblades and Parts Thereof From the People's Republic of 
China: Final Results of Antidumping Duty Changed Circumstances 
Review, 81 FR 20618 (April 8, 2016).
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    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.\13\ 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.\14\ Rebuttal briefs, limited 
to issues raised in the case briefs, may be filed no later than five 
days after the cases briefs are filed.\15\
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    \13\ See 19 CFR 351.309(c).
    \14\ See 19 CFR 351.309(c)(2).
    \15\ 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

[[Page 89047]]

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.\16\ 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 
limited to those raised in the respective case briefs. Unless extended, 
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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    \16\ 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.\17\ 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.\18\ 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.\19\
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    \17\ See 19 CFR 351.212(b)(1).
    \18\ 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).
    \19\ See 19 CFR 351.106(c)(2).
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    For entries that were not reported in the U.S. sales databases 
submitted by exporters 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.\20\ 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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    \20\ 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: December 5, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

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

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Discussion of the Methodology
    A. Non-Market Economy Country Status
    B. Separate Rates
    C. Surrogate Country
VI. Application of Facts Available and Adverse Inferences
    A. Use of Facts Available
    B. Application of Facts Available With an Adverse Inference
    C. Selection of the AFA Rate
VII. Fair Value Comparisons
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
    C. U.S. Price
    D. Normal Value
    E. Factor Valuations
VIII. Currency Conversion
IX. Recommendation

[FR Doc. 2016-29542 Filed 12-8-16; 8:45 am]
BILLING CODE 3510-DS-P