[Federal Register Volume 82, Number 233 (Wednesday, December 6, 2017)]
[Notices]
[Pages 57585-57587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26297]


-----------------------------------------------------------------------

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; 
2015-2016

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, 
2015, through October 31, 2016. 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: Applicable December 6, 2017.

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\
---------------------------------------------------------------------------

    \1\ See the Memorandum, ``Diamond Sawblades and Parts Thereof 
from the People's Republic of China: Decision Memorandum for 
Preliminary Results of Antidumping Duty Administrative Review; 2015-
2016,'' dated concurrently with and hereby adopted by this notice 
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Preliminary Determination of No Shipments

    Ten 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\ We 
requested that CBP report any information contrary to these claims of 
no shipments.\3\ To date, we have not received any contrary information 
from either CBP in response to our inquiry or any other sources that 
nine of these companies had any shipments of the subject merchandise 
sold to the United States during the POR.\4\ 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\
---------------------------------------------------------------------------

    \2\ See the February 6, 2017, no-shipment letters from Danyang 
City Ou Di Ma Tools Co., Ltd., Danyang Like Tools Manufacturing Co., 
Ltd., Jiangsu Huachang Tools Manufacturing Co., Ltd., Orient Gain 
International Limited, Qingdao Hyosung Diamond Tools Co., Ltd., and 
Sino Tools Co., Ltd., the February 7, 2017, no-shipment letter from 
Qingdao Shinhan Diamond Industrial Co., Ltd., the February 10, 2017, 
no-shipment letters from Danyang Tsunda Diamond Tools Co., Ltd., and 
Jiangsu Inter-China Group Corporation, and the February 21, 2017, 
no-shipment letter from Danyang Hantronic Import & Export Co., Ltd.
    \3\ See CBP message numbers 7167307-7167315 and 7167318 dated 
June 16, 2017, available at http://adcvd.cbp.dhs.gov/adcvdweb/.
    \4\ See Preliminary Decision Memorandum at 3-4 for more 
explanation. See also the preliminary separate rate denial 
memorandum for Qingdao Hyosung Diamond Tools Co., Ltd., dated 
concurrently with this notice for more details containing business 
proprietary information.
    \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).
---------------------------------------------------------------------------

Separate Rates

    The Department preliminarily determines that 20 respondents are 
eligible to receive separate rates in this review.\6\
---------------------------------------------------------------------------

    \6\ See Preliminary Decision Memorandum at 4-8, for more 
details.
---------------------------------------------------------------------------

Separate Rates for Eligible Non-Selected Respondents

    In accordance with the U.S. Court of Appeals for the Federal 
Circuit's decision in Albemarle Corp. v. United States,\7\ we assigned 
to eligible non-selected respondents the separate rate we assigned to 
Chengdu Huifeng Diamond Tools Co., Ltd.\8\ and the Jiangsu Fengtai 
Single Entity \9\ for the preliminary results of this review.\10\
---------------------------------------------------------------------------

    \7\ See Albemarle Corp. & Subsidiaries v. United States, 821 
F.3d 1345 (Fed. Cir. 2016).
    \8\ In a separate changed-circumstances review, we preliminarily 
found that Chengdu Huifeng New Material Technology Co., Ltd. is the 
successor-in-interest to Chengdu Huifeng Diamond Tools Co., Ltd.. 
See Diamond Sawblades and Parts Thereof from the People's Republic 
of China: Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review, 82 FR 51605 (November 7, 2017).
    \9\ Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd., Jiangsu 
Fengtai Tools Co., Ltd., and Jiangsu Fengtai Sawing Industry Co., 
Ltd., comprise the Jiangsu Fengtai Single Entity. See Preliminary 
Decision Memorandum at 2, n. 5.
    \10\ See Preliminary Decision Memorandum at 8.
---------------------------------------------------------------------------

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

[[Page 57586]]

not subject to change (i.e., 82.05 percent).\12\ Aside from the no-
shipments and separate rate companies discussed above, 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\
---------------------------------------------------------------------------

    \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, 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).
    \13\ 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., Hangzhou Kingburg Import 
& Export Co., Ltd., Hebei XMF Tools Group Co., Ltd., Henan Huanghe 
Whirlwind Co., Ltd., Henan Huanghe Whirlwind International Co., 
Ltd., Hong Kong Hao Xin International Group Limited, Pantos 
Logistics (HK) Company Limited, and Pujiang Talent Diamond Tools 
Co., Ltd.
---------------------------------------------------------------------------

Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(B) 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 Chengdu Huifeng 
Diamond Tools Co., Ltd., and the Jiangsu Fengtai Single Entity, we 
assigned each a margin based on adverse facts available (AFA) pursuant 
to section 776(b) 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)
------------------------------------------------------------------------
Bosun Tools Co., Ltd....................................           82.05
Chengdu Huifeng Diamond Tools Co., Ltd..................           82.05
Danyang Huachang Diamond Tools Manufacturing Co., Ltd...           82.05
Danyang NYCL Tools Manufacturing Co., Ltd...............           82.05
Danyang Weiwang Tools Manufacturing Co., Ltd............           82.05
Guilin Tebon Superhard Material Co., Ltd................           82.05
Hangzhou Deer King Industrial and Trading Co., Ltd......           82.05
Huzhou Gu's Import & Export Co., Ltd....................           82.05
Jiangsu Fengtai Single Entity...........................           82.05
Jiangsu Youhe Tool Manufacturer Co., Ltd................           82.05
Qingyuan Shangtai Diamond Tools Co., Ltd................           82.05
Quanzhou Zhongzhi Diamond Tool Co., Ltd.................           82.05
Rizhao Hein Saw Co., Ltd................................           82.05
Saint-Gobain Abrasives (Shanghai) Co., Ltd..............           82.05
Shanghai Jingquan Industrial Trade Co., Ltd.............           82.05
Shanghai Starcraft Tools Company Limited................           82.05
Weihai Xiangguang Mechanical Industrial Co., Ltd........           82.05
Wuhan Wanbang Laser Diamond Tools Co., Ltd \14\.........           82.05
Xiamen ZL Diamond Technology Co., Ltd...................           82.05
Zhejiang Wanli Tools Group Co., Ltd.....................           82.05
------------------------------------------------------------------------

Disclosure and Public Comment

    Normally, the Department discloses to interested parties the 
calculations performed in connection with a preliminary results of 
review within five days after public announcement of the preliminary 
results of review in accordance with 19 CFR 351.224(b). Because the 
Department preliminarily applied AFA to both individually examined 
respondents in this review in accordance with section 776 of the Act, 
there are no calculations to disclose. 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.\15\ 
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.\16\ Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed no later than five days after the cases briefs are 
filed.\17\
---------------------------------------------------------------------------

    \14\ 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).
    \15\ See 19 CFR 351.309(c).
    \16\ See 19 CFR 351.309(c)(2).
    \17\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    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.\18\ 
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).
---------------------------------------------------------------------------

    \18\ See 19 CFR 351.310(c).

---------------------------------------------------------------------------

[[Page 57587]]

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.\19\ If the preliminary results are 
unchanged for the final results, we will instruct CBP to apply an ad 
valorem assessment rate of 82.05 percent to all entries of subject 
merchandise during the POR which were exported by the aforementioned 
companies. 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.
---------------------------------------------------------------------------

    \19\ See 19 CFR 351.212(b)(1).
    \20\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011).
---------------------------------------------------------------------------

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, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
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
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. Recommendation

[FR Doc. 2017-26297 Filed 12-5-17; 8:45 am]
BILLING CODE 3510-DS-P