[Federal Register Volume 85, Number 11 (Thursday, January 16, 2020)]
[Notices]
[Pages 2705-2708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00639]
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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
and Preliminary Determination of No Shipments; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that diamond sawblades and parts thereof from the People's Republic of
China (China) were not sold at less than normal value during the period
of review (POR) November 1, 2017 through October 31, 2018. Interested
parties are invited to comment on these preliminary results of review.
DATES: Applicable January 16, 2020.
FOR FURTHER INFORMATION CONTACT: 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) 482-3683.
SUPPLEMENTARY INFORMATION:
Background
Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018 through
the resumption of operations on January 29, 2019.\1\ Because the
deadlines in administrative reviews are determined based on the last
day of the anniversary month, which, in this case, is November 30,
2018, prior to the beginning of the federal government closure, the
tolling memo applies to this administrative review. As a result, the
revised deadline for the preliminary results of this administrative
review became September 11, 2019. On February 6, 2019, Commerce
initiated the administrative review of the antidumping duty order on
diamond sawblades and parts thereof from China.\2\ The administrative
review covers one mandatory respondent, Chengdu Huifeng New Material
Technology Co., Ltd. (Chengdu Huifeng). On August 14, 2019, Commerce
extended the time limit for issuing the preliminary results of this
review by 120 days, to no later than January 9, 2020.\3\
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\1\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 2159 (February 6, 2019).
\3\ See Memorandum, ``Diamond Sawblades and Parts Thereof from
the People's Republic of China: Extension of Time Limit for
Preliminary Results of Antidumping Duty Administrative Review, 2017-
2018,'' dated August 14, 2019.
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Scope of the Order
The merchandise subject to the antidumping duty order is diamond
sawblades and parts thereof, which 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 U.S. Customs and Border Protection
(CBP). Pursuant to requests by CBP, Commerce included to the customs
case reference file the following HTSUS classification numbers:
8202.39.0040 and 8202.39.0070 on January 22, 2015, and 6804.21.0010 and
6804.21.0080 on January 26, 2015.
While the HTSUS numbers 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.\4\
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\4\ See Memorandum, ``Diamond Sawblades and Parts Thereof from
the People's Republic of China: Decision Memorandum for the
Preliminary Results of the Antidumping Duty Administrative Review;
2017-2018,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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[[Page 2706]]
Preliminary Determination of No Shipments
Three 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.\5\ We
requested that CBP report any contrary information.\6\ 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.\7\
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.\8\
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\5\ See No-Shipment Letters from Weihai Xiangguang Mechanical
Industrial Co., Ltd., dated March 5, 2019, and from Danyang
Hantronic Import & Export Co., Ltd., and Danyang Weiwang Tools
Manufacturing Co., Ltd., dated March 8, 2019.
\6\ See CBP message numbers 9352317, 9352319 and 9352320, dated
December 18, 2019, available at https://aceservices.cbp.dhs.gov/adcvdweb/.
\7\ See Preliminary Decision Memorandum at 3-4 f.
\8\ See, e.g., Certain Steel Threaded Rod From the People's
Republic of China: Preliminary Results of the Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments;
2018-2019, 84 FR 71900 (December 30, 2019).
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Separate Rates
Commerce preliminarily determines that six respondents are eligible
to receive separate rates in this review.\9\
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\9\ See Preliminary Decision Memorandum at 8-10.
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Separate Rate for Eligible Non-Selected Respondents
Commerce preliminarily determines that the respondents not selected
for individual examination, Bosun Tools Co., Ltd. (Bosun Tools), the
Jiangsu Fengtai Single Entity,\10\ Wuhan Wanbang Laser Diamond Tools
Co., Ltd. (Wuhan Wanbang), Xiamen ZL Diamond Technology Co., Ltd.
(Xiamen ZL), and Zhejiang Wanli Tools Group Co., Ltd. (Zhejiang Wanli),
are eligible to receive a separate rate in the administrative
review.\11\ Consistent with our practice, we assigned to Bosun Tools,
the Jiangsu Fengtai Single Entity, Wuhan Wanbang, Xiamen ZL, and
Zhejiang Wanli the weighted-average margin calculated for Chengdu
Huifeng as the separate rate for the preliminary results of this
review.\12\
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\10\ 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 Diamond
Sawblades and Parts Thereof from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; 2014-2015,
82 FR 26912, 26913, n.5 (June 12, 2017). We received review requests
for Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd., Jiangsu
Fengtai Diamond Tools Co., Ltd., and Jiangsu Fengtai Tools Co., Ltd.
\11\ See Preliminary Decision Memorandum at 10-11 for more
details.
\12\ Id.
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China-Wide Entity
Under Commerce's policy regarding the conditional review of the
China-wide entity,\13\ 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 (i.e., 82.05 percent) is not subject to change.\14\ Aside
from the no-shipment 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.\15\
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\13\ 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).
\14\ 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).
\15\ 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 Huachang Diamond Tool
Manufacturing Co., Ltd., Danyang Like Tools Manufacturing Co., Ltd.,
Danyang NYCL Tools Manufacturing Co., Ltd., Danyang Tsunda Diamond
Tools Co., Ltd., Guilin Tebon Superhard Material Co., Ltd., Hangzhou
Deer King Industrial and Trading 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, Hubei
Changjiang Precision Engineering Materials Technology Co., Ltd.,
Hubei Sheng Bai Rui Diamond Tools Co., Ltd., Huzhou Gu's Import &
Export Co., Ltd., Jiangsu Huachang Diamond Tools Manufacturing Co.,
Ltd., Jiangsu Inter-China Group Corporation, Jiangsu Youhe Tool
Manufacturer Co., Ltd., Orient Gain International Limited, Pantos
Logistics (HK) Company Limited, Pujiang Talent Diamond Tools Co.,
Ltd., Qingdao Hyosung Diamond Tools Co., Ltd., Qingyuan Shangtai
Diamond Tools Co., Ltd., Qingdao Shinhan Diamond Industrial Co.,
Ltd., Quanzhou Zhongzhi Diamond Tool Co., Ltd., Rizhao Hein Saw Co.,
Ltd., Saint-Gobain Abrasives (Shanghai) Co., Ltd., Shanghai Jingquan
Industrial Trade Co., Ltd., Shanghai Starcraft Tools Co. Ltd., Sino
Tools Co., Ltd., Wuhan Baiyi Diamond Tools Co., Ltd., Wuhan Sadia
Trading Co., Ltd., Wuhan ZhaoHua Technology Co., Ltd., Zhenjiang
Inter-China Import & Export Co., Ltd., ZL Diamond Technology Co.,
Ltd., and ZL Diamond Tools Co., Ltd. Although Shanghai Starcraft
Tools Co. Ltd. submitted comments stating that its shipments listed
in the CBP import data placed on the record by Commerce were not
subject merchandise, we did not treat the submission as a no-
shipment statement and, therefore, we consider Shanghai Starcraft
Tools Co. Ltd. to be part of the China-wide Entity. See the
``Preliminary Determination of No Shipments'' section of the
Prelminary Decision Memorandum.
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Verification
As provided in section 782(i) of the Act, we verified the
information provided by Chengdu Huifeng in this review of diamond
sawblades from China using standard verification procedures, including
on-site inspection of the producer/exporter's facilities and
examination of relevant sales and financial records. Our verification
results are outlined in the verification report for Chengdu Huifeng
dated concurrently with this notice.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and (a)(2) of the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.213. Export price is calculated in accordance with
section 772(c) of the Act. Because China is a non-market economy within
the meaning of section 771(18) of the Act, normal value has been
calculated in accordance with section 773(c) 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 made available to the
public via Enforcement and Compliance's Antidumping and Countervailing
Duty Centralized Electronic Service System (ACCESS). ACCESS is
available to registered users at https://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 found at http://enforcement.trade.gov/frn/. A list of
the topics discussed in the Preliminary Decision Memorandum is attached
as an appendix to this notice. The signed and electronic versions of
Preliminary Decision Memorandum are identical in content.
Preliminary Results of Administrative Review
Commerce preliminarily determines that the following weighted-
average
[[Page 2707]]
dumping margins exist for the administrative review covering the period
November 1, 2017 through October 31, 2018:
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Weighted-
average
Exporter dumping
margin
(percent)
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Bosun Tools Co., Ltd........................................ 0.00
Chengdu Huifeng New Material Technology Co., Ltd............ 0.00
Jiangsu Fengtai Single Entity............................... 0.00
Wuhan Wanbang Laser Diamond Tools Co., Ltd.................. 0.00
Xiamen ZL Diamond Technology Co., Ltd....................... 0.00
Zhejiang Wanli Tools Group Co., Ltd......................... 0.00
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Disclosure
We intend to disclose calculations performed in these preliminary
results to parties within five days after public announcement of the
preliminary results.\16\
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\16\ See 19 CFR 351.224(b).
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Public Comment
Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit
case briefs no later than 30 days after the date of publication of this
notice.\17\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than five days after the date for filing
case briefs.\18\ 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.\19\
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\17\ See 19 CFR 351.309(c).
\18\ See 19 CFR 351.309(d).
\19\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
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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 ACCESS by 5:00 p.m. Eastern Time within 30 days
after the date of publication of this notice.\20\ 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.
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\20\ See 19 CFR 351.310(c).
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Unless the deadline is extended, Commerce intends to issue the
final results of these reviews, 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).
Assessment Rates
Upon issuing the final results, Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries covered by these reviews.\21\ If a respondent's
weighted-average dumping margin is above de minimis (i.e., 0.50
percent) in the final results of these reviews, we will calculate an
importer-specific assessment rate on the basis of the ratio of the
total amount of dumping calculated for each importer's examined sales
and, where possible, the total entered value of sales. Specifically,
Commerce will apply the assessment rate calculation method adopted in
Final Modification for Reviews.\22\ 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.\23\
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\21\ See 19 CFR 351.212(b)(1).
\22\ 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).
\23\ 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,
Commerce will instruct CBP to liquidate such entries at the China-wide
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.\24\
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\24\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011).
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We intend to issue assessment instructions to CBP 15 days after the
date of publication of the final results of these reviews.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of these reviews 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 the subject merchandise
exported by the companies listed above that have separate rates, the
cash deposit rate will be equal to the weighted-average dumping margin
established for Chengdu Huifeng in the final results of this
administrative review; (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 these PORs. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition 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 the terms of an APO is a sanctionable
violation. Commerce is issuing and publishing the preliminary results
of this review in accordance with sections 751(a)(1)(B), 751(a)(3) and
777(i) of the Act, and 19 CFR 351.213 and 351.221(b)(4).
[[Page 2708]]
Dated: January 9, 2020.
Jeffrey I. Kessler,
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. Verification
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2020-00639 Filed 1-15-20; 8:45 am]
BILLING CODE 3510-DS-P