[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:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
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