[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Notices]
[Pages 39673-39675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17065]


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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; 
2016-2017

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
certain companies covered by this administrative review made sales of 
subject merchandise at less than normal value.

DATES: Applicable August 10, 2018.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Joshua Poole, 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) 482-1293, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce 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 (China). The period of review (POR) 
is November 1, 2016, through October 31, 2017. Commerce 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.

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, ``Diamond Sawblades and Parts Thereof 
from the People's Republic of China: Decision Memorandum for 
Preliminary Results of Antidumping Duty Administrative Review; 2016-
2017,'' dated concurrently with and hereby adopted by this notice 
(Preliminary Decision Memorandum).
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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.\2\ We 
requested that U.S. Customs and Border Protection (CBP) report any 
contrary information.\3\ To date, we have not received any contrary 
information from either CBP in response to our inquiry or any other 
sources that 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\
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    \2\ See the February 9, 2018, no-shipment letter from Weihai 
Xiangguang Mechanical Industrial Co., Ltd., and the February 12, 
2018, no-shipment letters from Danyang Hantronic Import & Export 
Co., Ltd., Danyang Tsunda Diamond Tools Co., Ltd., Jiangsu Huachang 
Tools Manufacturing Co., Ltd., Shanghai Starcraft Tools Company 
Limited, and Wuhan Wanbang Laser Diamond Tools Co., Ltd.
    \3\ See the CBP message numbers 8129311-8129313 dated May 9, 
2018, and 8130301-8130303 dated May 10, 2018, available at http://adcvd.cbp.dhs.gov/adcvdweb/.
    \4\ See Preliminary Decision Memorandum at 3-4 for a detailed 
discussion.
    \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

    Commerce preliminarily determines that 14 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

    Because we denied the separate rate eligibility for the two 
respondents selected for individual examination, Danyang Huachang 
Diamond Tools Manufacturing Co., Ltd. (Danyang Huachang) and Jiangsu 
Youhe Tool Manufacturer Co., Ltd. (Jiangsu Youhe), and treated them as 
part of the China-wide entity, we preliminarily applied to non-selected 
respondents the separate rate assigned to eligible respondents in the 
last completed administrative review, which is 82.05 percent.\7\
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    \7\ Id. at 8.
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China-Wide Entity

    Under Commerce's current policy regarding the conditional review of 
the

[[Page 39674]]

China-wide entity,\8\ the China-wide entity will not be under review 
unless a party specifically requests, or Commerce self-initiates, a 
review of the entity. Because no party requested a review of the China-
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, 
Commerce considers all other companies for which a review was requested 
(which did not file a separate rate application) to be part of the 
China-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, 83 FR 1329, 1331-32 (January 11, 2018) 
(``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 
China-wide entity are ASHINE Diamond Tools Co., Ltd., Danyang City 
Ou Di Ma Tools Co., Ltd., Danyang Like Tools Manufacturing Co., 
Ltd., Danyang Youhe Tool Manufacturer Co., Ltd., Hangzhou Kingburg 
Import & Export Co., Ltd., Hebei XMF Tools Group Co., Ltd., Henan 
Huanghe Whirlwind Co., Ltd., Hong Kong Hao Xin International Group 
Limited, Hubei Changjiang Precision Engineering Materials Technology 
Co., Ltd., Hubei ShengBaiRui Diamond Tools Co., Ltd., Orient Gain 
International Limited, Pantos Logistics (HK) Company Limited, 
Pujiang Talent Diamond Tools Co., Ltd., Qingdao Hyosung Diamond 
Tools Co., Ltd., Qingdao Shinhan Diamond Industrial Co., Ltd., Sino 
Tools Co., Ltd., Wuhan Baiyi Diamond Tools Co., Ltd., Wuhan Sadia 
Trading Co., Ltd., and Wuhan ZhaoHua Technology Co., Ltd. See 
Preliminary Decision Memorandum at 8-9. In addition, Danyang 
Huachang, Jiangsu Youhe, and Qingyuan Shangtai Diamond Tools Co., 
Ltd., are preliminarily treated as part of the China-wide entity. 
Id. at 6, 9.
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Methodology

    Commerce conducted this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For 
Danyang Huachang and Jiangsu Youhe, we denied the separate rate 
eligibility and treated them as part of the China-wide entity.
    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 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

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

------------------------------------------------------------------------
                                                              Margin
                        Exporter                             (percent)
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Chengdu Huifeng New Material Technology 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
Henan Huanghe Whirlwind International Co., Ltd..........           82.05
Huzhou Gu's Import & Export Co., Ltd....................           82.05
Jiangsu Fengtai Single Entity...........................           82.05
Jiangsu Inter-China Group Corporation...................           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
Xiamen ZL Diamond Technology Co., Ltd...................           82.05
Zhejiang Wanli Tools Group Co., Ltd.....................           82.05
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Disclosure

    Normally, Commerce 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 Commerce 
preliminarily denied the separate rate eligibility for the two 
respondents selected for individual examination and treated them as 
part of the China-wide entity, there are no calculations to disclose.

Public Comment

    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.\11\ 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.\12\ Rebuttal briefs, limited 
to issues raised in the case briefs, may be filed no later than five 
days after the cases briefs are filed.\13\
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    \11\ See 19 CFR 351.309(c).
    \12\ See 19 CFR 351.309(c)(2).
    \13\ 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 Commerce's ACCESS by 5:00 p.m. Eastern Time within 
30 days after the date of publication of this notice.\14\ 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, Commerce 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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    \14\ See 19 CFR 351.310(c).
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Assessment Rates

    Upon issuing the final results of review, Commerce will determine, 
and CBP shall assess, antidumping duties on

[[Page 39675]]

all appropriate entries covered by this review.\15\ 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 non-
selected respondents eligible for a separate rate. If Commerce 
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 China-wide rate.\16\ Commerce intends to issue 
appropriate assessment instructions directly to CBP 15 days after 
publication of the final results of review.
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    \15\ See 19 CFR 351.212(b)(1).
    \16\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011).
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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 China 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 Chinese and non-Chinese 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 Chinese 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 China-wide entity; and (4) for all non-Chinese 
exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate applicable to the Chinese 
exporter that supplied that non-Chinese 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 Commerce'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: August 6, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.

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. Recommendation

[FR Doc. 2018-17065 Filed 8-9-18; 8:45 am]
 BILLING CODE 3510-DS-P