[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Notices]
[Pages 9280-9281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04391]


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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: Notice of Covered Merchandise Referral

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

SUMMARY: Pursuant to the Enforce and Protect Act of 2015 (EAPA), the 
Department of Commerce (Commerce) received a covered merchandise 
referral from U.S. Customs and Border Protection (CBP) in connection 
with a CBP Enforce and Protect Act (EAPA) investigation concerning the 
antidumping duty (AD) order on diamond sawblades and parts thereof 
(diamond sawblades) from the People's Republic of China (China). In 
accordance with EAPA, Commerce intends to determine whether the 
merchandise subject to the referral is covered by the scope of the 
order and promptly transmit its determination to CBP. Commerce is 
providing notice of the referral and inviting participation from 
interested parties.

DATES: Applicable March 5, 2018.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun at (202) 482-5760 or 
Minoo Hatten at (202) 482-1690, AD/CVD Operations Office I, Enforcement 
& Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    On February 24, 2016, the Trade Facilitation and Trade Enforcement 
Act of 2015 was signed into law, which contains Title IV--Prevention of 
Evasion of Antidumping and Countervailing Duty Orders (short title 
``Enforce and Protect Act of 2015'' or ``EAPA'') (Pub. L. 114-125, 130 
Stat. 122, 155, Feb. 24, 2016). Effective August 22, 2016, section 421 
of the EAPA added section 517 to the Tariff Act of 1930, as amended 
(the Act), which establishes a formal process for CBP to investigate 
allegations of the evasion of antidumping and countervailing duty (AD/
CVD) orders. Section 517(b)(4)(A) of the Act provides a procedure 
whereby if, during the course of an EAPA investigation, CBP is unable 
to determine whether the merchandise at issue is covered merchandise 
within the meaning of section 517(a)(3) of the Act, it shall refer the 
matter to Commerce to make such a determination. Section 517(a)(3) of 
the Act defines covered merchandise as merchandise that is subject to 
an antidumping duty order issued under section 736 of the Act or a 
countervailing duty order issued under section 706 of the Act. Section 
517(b)(4)(B) of the Act states that Commerce, after receiving a covered 
merchandise referral from CBP, shall determine whether the merchandise 
is covered merchandise and promptly transmit its determination to CBP. 
The Act does not establish a deadline within which Commerce must issue 
its determination.
    On November 21, 2017, Commerce received a covered merchandise 
referral from CBP regarding CBP EAPA Investigation No. 7184 \1\ which 
concerns the AD order on diamond sawblades from China.\2\ Specifically, 
based on an allegation by Diamond Sawblades Manufacturers Coalition 
(DSMC), CBP has requested that Commerce issue a determination as to 
whether diamond sawblades, imported by Diamond Tools Technology LLC 
(``DTT USA''), that are laser welded in Thailand by Diamond Tools 
Technology (Thailand), Ltd. (``DTT Thailand'') from: (1) Cores from 
Thailand and segments from China, (2) segments and cores that are both 
produced in China, and/or (3) cores from China and segments from 
Thailand, are merchandise subject to the AD order on diamond sawblades 
from China.
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    \1\ See Letter from CBP, ``Scope Referral Request for 
merchandise under EAPA Investigation 7184, imported by Diamond Tools 
Technology LLC and concerning the investigation of evasion of the 
antidumping duty order on diamond sawblades from the People's 
Republic of China (A-570-900),'' dated November 21, 2017. Commerce 
intends to make available this document and any supporting documents 
on Enforcement and Compliance's Antidumping Duty and Countervailing 
Duty Centralized Electronic Service System (ACCESS) within five days 
of publication of this notice.
    \2\ See Diamond Sawblades and Parts Thereof from the People's 
Republic of China and the Republic of Korea: Antidumping Duty 
Orders, 74 FR 57145 (November 4, 2009).
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Notification to Interested Parties

    Commerce is hereby notifying interested parties that it has 
received the covered merchandise referral referenced above, will begin 
a new segment of the proceeding, and intends to issue a determination 
regarding whether the merchandise subject to the referral is covered 
merchandise within the meaning of section 517(a)(3) of the Act. 
Additionally, Commerce intends to provide interested parties with the 
opportunity to participate in this segment of the proceeding, including 
through the submission of comments, and, if appropriate, new factual 
information and verification. Specifically, Commerce will notify 
parties on the segment-specific service list for this segment of the 
proceeding of a schedule for comments. In addition, Commerce may 
request factual information from any person to assist in making its 
determination and may verify submissions of factual information, if 
Commerce determines that such verification is appropriate. Commerce 
intends to issue a final determination within 120 days of the 
publication of this notice (this deadline

[[Page 9281]]

may be extended if it is not practicable to complete the final 
determination within 120 days), and will promptly transmit its final 
determination to CBP in accordance with section 517(b)(4)(B) of the 
Act.
    Parties are also hereby notified that this is the only notice that 
Commerce intends to publish in the Federal Register concerning this 
covered merchandise referral. Therefore, interested parties that wish 
to participate in this segment of the proceeding, and receive notice of 
the final determination, must submit their letters of appearance as 
discussed below. Further, any party desiring access to business 
proprietary information in this segment of the proceeding must file an 
application for access to business proprietary information under 
administrative protective order (APO), as discussed below.
    Finally, we note that covered merchandise referrals constitute a 
new type of segment of a proceeding at Commerce and, therefore, 
Commerce will continue to develop its practice and procedures in this 
area. Additionally, we note that Commerce has recently initiated an 
anti-circumvention inquiry pursuant to section 781 of the Act 
concerning merchandise which may be similar to the merchandise at issue 
in the covered merchandise referral referenced above.\3\ Thus, Commerce 
may consider any potential overlapping issues in these separate 
segments of the proceeding.
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    \3\ See Diamond Sawblades and Parts Thereof from the People's 
Republic of China: Initiation of Anti-circumvention Inquiry, 82 FR 
57709 (December 7, 2017).
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Scope of the AD Order on Diamond Sawblades From China

    The products covered by the order are all finished circular 
sawblades, whether slotted or not, with a working part that is 
comprised of a diamond segment or segments, and parts thereof, 
regardless of specification or size, except as specifically excluded 
below. Within the scope of the order are semifinished diamond 
sawblades, including diamond sawblade cores and diamond sawblade 
segments. Diamond sawblade cores are circular steel plates, whether or 
not attached to non-steel plates, with slots. Diamond sawblade cores 
are manufactured principally, but not exclusively, from alloy steel. A 
diamond sawblade segment consists of a mixture of diamonds (whether 
natural or synthetic, and regardless of the quantity of diamonds) and 
metal powders (including, but not limited to, iron, cobalt, nickel, 
tungsten carbide) that are formed together into a solid shape (from 
generally, but not limited to, a heating and pressing process).
    Sawblades with diamonds directly attached to the core with a resin 
or electroplated bond, which thereby do not contain a diamond segment, 
are not included within the scope of the order. Diamond sawblades and/
or sawblade cores with a thickness of less than 0.025 inches, or with a 
thickness greater than 1.1 inches, are excluded from the scope of the 
order. Circular steel plates that have a cutting edge of non-diamond 
material, such as external teeth that protrude from the outer diameter 
of the plate, whether or not finished, are excluded from the scope of 
the order. Diamond sawblade cores with a Rockwell C hardness of less 
than 25 are excluded from the scope of the order. Diamond sawblades 
and/or diamond segment(s) with diamonds that predominantly have a mesh 
size number greater than 240 (such as 250 or 260) are excluded from the 
scope of the order. Merchandise subject to the order is typically 
imported under heading 8202.39.00.00 of the Harmonized Tariff Schedule 
of the United States (HTSUS). When packaged together as a set for 
retail sale with an item that is separately classified under headings 
8202 to 8205 of the HTSUS, diamond sawblades or parts thereof may be 
imported under heading 8206.00.00.00 of the HTSUS. On October 11, 2011, 
Commerce included the 6804.21.00.00 HTSUS classification number to the 
customs case reference file, pursuant to a request by CBP.\4\
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    \4\ See Diamond Sawblades and Parts Thereof from the Republic of 
Korea: Preliminary Results of Antidumping Duty Administrative 
Review, 76 FR 76128, 76130 (December 6, 2011).
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    The tariff classifications are provided for convenience and customs 
purposes; however, the written description of the scope of the order is 
dispositive.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
ACCESS.\5\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due. Documents 
exempted from the electronic submission requirements must be filed 
manually (i.e., in paper form) with Enforcement and Compliance's APO/
Dockets Unit, Room 18022, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230, and stamped with the date 
of receipt by the applicable deadlines.
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    \5\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011), as amended in Enforcement 
and Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on help using 
ACCESS can be found at https://access.trade.gov/help.aspx and a 
handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filing%20Procedures.pdf.
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Letters of Appearance and Administrative Protective Order

    Interested parties that wish to participate in this segment of the 
proceeding and be added to the public service list for this segment of 
the proceeding must file a letter of appearance in accordance with 19 
CFR 351.103(d)(1), with one exception: The parties publicly identified 
by CBP in the covered merchandise referral (referenced above) are not 
required to submit a letter of appearance, and will be added to the 
public service list for this segment of the proceeding by Commerce.
    Commerce placed an APO on the record on December 20, 2017,\6\ and 
established the APO service list for use in this segment. Commerce 
intends to place the business proprietary versions of the documents 
contained in the covered merchandise referral on the record of this 
proceeding in ACCESS within five days of publication of this notice.
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    \6\ See the Administrative Protective Order ``In the Matter of 
the Scope Inquiry of the Antidumping Duty Order on Diamond Sawblades 
from the People's Republic Of China (A-570-900) (CBP EAPA Inv. No. 
7148),'' dated December 20, 2017.
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    Interested parties must submit applications for disclosure under 
the APO in accordance with the procedures outlined in Commerce's 
regulations at 19 CFR 351.305. Those procedures apply to this segment 
of the proceeding, with one exception: APO applicants representing the 
parties that have been identified by CBP as an importer in the covered 
merchandise referral (referenced above) are exempt from the additional 
filing requirements for importers pursuant to 19 CFR 351.305(d).

    Dated: February 22, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-04391 Filed 3-2-18; 8:45 am]
 BILLING CODE 3510-DS-P