[Federal Register Volume 85, Number 217 (Monday, November 9, 2020)]
[Notices]
[Pages 71308-71311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24800]


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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: Final Results of Antidumping Duty Administrative Review; 2017-
2018

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

SUMMARY: The Department of Commerce (Commerce) 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.

DATES: Applicable November 9, 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

    On January 16, 2020, Commerce published in the Federal Register the 
preliminary results of the 2017-2018 administrative review of the 
antidumping duty order on diamond sawblades and parts thereof from 
China.\1\ We invited interested parties to

[[Page 71309]]

comment on the Preliminary Results and we received a case brief from 
the petitioner, the Diamond Sawblades Manufacturers' Coalition,\2\ and 
a rebuttal brief from Chengdu Huifeng New Material Technology Co., 
Ltd., the Jiangsu Fengtai Single Entity, and Wuhan Wanbang Laser 
Diamond Tools Co., Ltd.\3\
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    \1\ See 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, 85 FR 2705 (January 16, 2020) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Petitioner's Letter, ``Diamond Sawblades and Parts 
Thereof from the People's Republic of China: DSMC's Case Brief,'' 
dated February 18, 2020.
    \3\ See Chengdu Huifeng Diamond Tools Co., Ltd., the Jiangsu 
Fengtai Single Entity, and Wuhan Wanbang Laser Diamond Tools Co., 
Ltd.'s Letter, ``Diamond Sawblades and Parts Thereof from the 
People's Republic of China: Submission of Chengdu Huifeng's 
Administrative Rebuttal Brief,'' dated March 2, 2020. The Jiangsu 
Fengtai Single Entity is comprised of Jiangsu Fengtai Diamond Tool 
Manufacturer Co., Ltd., Jiangsu Fengtai Diamond Tools Co., Ltd., and 
Jiangsu Fengtai Sawing Industry Co., Ltd.
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    On April 24, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days, thereby tolling the deadline for the final results 
of review.\4\ On June 15, 2020, Commerce extended the deadline for the 
final results of review, thereby extending the deadline for the final 
results of review.\5\ On July 21, 2020, Commerce tolled all deadlines 
in administrative reviews by an additional 60 days, thereby tolling the 
deadline for the final results of review until November 2, 2020.\6\
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    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \5\ See Memorandum, ``Diamond Sawblades and Parts Thereof from 
the People's Republic of China; 2017-2018: Extension of Time Limit 
for Final Results of Antidumping Duty Administrative Review,'' dated 
June 15, 2020.
    \6\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020. 
Because the new deadline falls on November 1, 2020, which a Sunday, 
the deadline has been moved to the next business day, in accordance 
with our regulations. See Notice of Clarification: Application of 
``Next Business Day'' Rule for Administrative Determination 
Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 
24533 (May 10, 2005) (Next Business Day Rule).
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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 Issues and Decision 
Memorandum.\7\
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    \7\ See Memorandum, ``Diamond Sawblades and Parts Thereof from 
the People's Republic of China: Decision Memorandum for the Final 
Results of the Antidumping Duty Administrative Review; 2017-2018,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Issues and Decision Memorandum. A 
list of the issues that parties raised, and to which we responded in 
the Issues and Decision Memorandum, follows as an appendix to this 
notice. The Issues and 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 https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/.

Final Determination of No Shipments

    We preliminarily found that Danyang Weiwang Tools Manufacturing 
Co., Ltd., Danyang Hantronic Import & Export Co., Ltd., and Weihai 
Xiangguang Mechanical Industrial Co., Ltd., which have been eligible 
for separate rates in previous segments of the proceeding and are 
subject to this review, did not have any shipments of subject 
merchandise during the POR.\8\ On February 21, 2020, we received 
confirmation that U.S. Customs and Border Protection (CBP) found no 
shipments by any of these companies during the POR.\9\ No party 
commented on the Preliminary Results regarding the no shipments 
decision. Therefore, for these final results, we continue to find that 
these companies did not have any shipments of subject merchandise 
during the POR and will issue appropriate instructions to CBP based on 
these final results.
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    \8\ See Preliminary Results, 85 FR at 2706.
    \9\ See Memorandum, ``Diamond sawblades and parts thereof from 
China (A-570-900),'' dated February 21, 2020.
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Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, and for the 
reasons explained in the Issues and Decision Memorandum, we made 
revisions to our preliminary calculations of the weighted-average 
dumping margin for the single mandatory respondent, Chengdu Huifeng, 
but the revisions did not result in a change to the weighted-average 
margin for Chengdu Huifeng and the margin assigned to the separate rate 
respondents.

Separate Rate for Non-Selected Companies

    In the Preliminary Results, we found that evidence provided by 
Bosun Tools Co., Ltd., Chengdu Huifeng New Material Technology Co., 
Ltd., the Jiangsu Fengtai Single Entity, Wuhan Wanbang Laser Diamond 
Tools Co., Ltd., Xiamen ZL Diamond Technology Co., Ltd., and Zhejiang 
Wanli Tools Group Co., Ltd., supported finding an absence of both de 
jure and de facto government control, and, therefore, we preliminarily 
granted a separate rate to each of these companies/company groups.\10\ 
We received no comments since the issuance of the Preliminary Results 
regarding our determination that these six companies/company groups are 
eligible for a separate rate. As in the Preliminary Results, Commerce 
calculated a rate for the mandatory respondent Chengdu Huifeng that is 
zero, de minimis, or based entirely on facts available. Therefore, in 
accordance with section 735(c)(5)(A) of the Act and its prior practice, 
Commerce assigned Chengdu Huifeng's calculated rate (i.e., 0.00 
percent) as the separate rate for the non-examined separate rate 
exporters for these final results.\11\
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    \10\ See the ``Separate Rates'' section of the Preliminary 
Decision Memorandum.
    \11\ For more details on our methodology in selecting a rate for 
a non-examined separate rate exporter, see the ``Separate Rates'' 
section of the Issues and Decision Memorandum.
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China-Wide Entity

    As stated in the Preliminary Results, 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).\12\ Aside from the no-

[[Page 71310]]

shipment and separate rate companies discussed above, Commerce 
considers all other companies for which a review was requested and 
which did not file a separate rate application to be part of the China-
wide entity.\13\
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    \12\ See Diamond Sawblades and Parts Thereof From the People's 
Republic of China; Final Results of Antidumping Duty Administrative 
Review; 2012-2013, 80 FR 32344 (June 8, 2015).
    \13\ See Initiation Notice, 85 FR at 2160 (``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 in the Preliminary Results and, therefore, we 
preliminarily considered Shanghai Starcraft Tools Co. Ltd. to be 
part of the China-wide Entity. See the ``Preliminary Determination 
of No Shipments'' section of the Preliminary Decision Memorandum. We 
received no additional comments or information since the Preliminary 
Results and, therefore, consider Shanghai Starcraft Tools Co. Ltd. 
to be part of the China-wide Entity for the final results.
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Final Results of Administrative Review

    As a result of this administrative review, Commerce determines that 
the following weighted-average dumping margins exist for the period 
November 1, 2017 through October 31, 2018:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporters                             dumping
                                                                margin
                                                               (percent)
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Chengdu Huifeng New Material Technology Co., Ltd............        0.00
Separate Rate Applicable to the Following Non-Selected
 Companies:
    Bosun Tools Co., Ltd....................................        0.00
    Jiangsu Fengtai Single                                          0.00
    Entity..................................................
    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
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed for these 
final results within five days of publication of this notice in the 
Federal Register in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
and the Final Modification for Reviews,\14\ Commerce intends to 
instruct CBP to liquidate without regard to antidumping duties all 
appropriate entries for respondents eligible for a separate rate.\15\ 
For all other companies, we will instruct CBP to apply the antidumping 
duty assessment rate of the China-wide entity, 82.05 percent, to all 
entries of subject merchandise exported by these companies.\16\ For the 
three companies that we determined had no reviewable entries of the 
subject merchandise in this review period, 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. We intend to issue 
assessment instructions to CBP 15 days after the date of publication of 
the final results of these reviews in the Federal Register.
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    \14\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 
2012) (Final Modification for Reviews).
    \15\ See 19 CFR 351.212(b)(1).
    \16\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 2159 (February 6, 2019) (``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.'')
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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 final 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 the antidumping duties occurred and the subsequent assessment of 
doubled antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction 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 terms of an APO is a violation subject 
to sanction.

Notification to Interested Parties

    This notice is published in accordance with sections 751(a)(1) and 
777(i)(1) of the Act and 19 CFR 351.221(b)(5). Note that Commerce has 
temporarily modified certain of its requirements for serving documents

[[Page 71311]]

containing business proprietary information.\17\
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    \17\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).

    Dated: November 2, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Surrogate Country
V. Discussion of the Issues
    Comment 1: Selection of Primary Surrogate Country
    Comment 2: Valuation of Diamond Input
    Comment 3: Selection of Financial Statements for Surrogate 
Financial Ratios
    Comment 4: Whether to Apply Partial AFA to Chengdu Huifeng's 
Reported Labor FOPs
    Comment 5: Conversions of Surrogate Values
VI. Recommendation

[FR Doc. 2020-24800 Filed 11-6-20; 8:45 am]
BILLING CODE 3510-DS-P