[Federal Register Volume 85, Number 225 (Friday, November 20, 2020)]
[Notices]
[Pages 74315-74319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25682]
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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: Initiation and Preliminary Results of Antidumping Duty Changed
Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is simultaneously
initiating and issuing the preliminary results of a changed
circumstances review (CCR) of the antidumping duty order on diamond
sawblades and parts thereof (diamond sawblades) from the People's
Republic of China (China) to determine whether Protech Diamond Tools
Inc. (Protech) is eligible to participate in a certification process
because Protech has demonstrated that it can identify diamond sawblades
that it produced in Canada using non-Chinese cores and Chinese
segments. We invite interested parties to comment on these preliminary
results.
DATES: Applicable November 20, 2020.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun, 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.
SUPPLEMENTARY INFORMATION:
Background
On February 20, 2020, Commerce found ``that diamond sawblades made
with Chinese cores and Chinese segments joined in Canada by Protech and
then subsequently exported from Canada to the United States are
circumventing the antidumping duty order on diamond sawblades from
China.'' \1\ In the Final Determination, Commerce found that diamond
sawblades ``assembled or completed in Canada using non-Chinese origin
cores and/or non-Chinese origin segments are not subject to this anti-
circumvention inquiry,'' but because Protech was unable ``to identify
diamond sawblades produced with non-Chinese origin cores and/or non-
Chinese origin segments,'' Commerce decided not to ``implement a
certification process for diamond sawblades already suspended,'' and
required ``cash deposits on all entries of diamond sawblades produced
and exported by Protech in Canada.'' \2\ However, Commerce indicated
that Protech could at some future point request reconsideration of
Commerce's denial of the certification process in, e.g., a CCR.\3\
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\1\ See Diamond Sawblades and Parts Thereof from the People's
Republic of China: Final Determination of Anti-Circumvention
Inquiry, 85 FR 9737, 9738 (February 20, 2020) (Final Determination);
see also 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).
\2\ See Final Determination, 85 FR at 9739.
\3\ Id.
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On August 19, 2020, Protech submitted a request for a CCR, in which
Protech claims that it is able to identify and segregate diamond
sawblades made with non-Chinese cores and Chinese segments joined in
Canada by Protech and then subsequently exported from Canada by
Protech, its affiliate Gogo International Inc. (Gogo), or a third
party, to the United States.\4\ Protech requests that Commerce find it
eligible for certification of these diamond sawblades as non-subject
merchandise. On August 26, 2020, Diamond Sawblades Manufacturers'
Coalition (DSMC) submitted a letter supporting the CCR Request.\5\ In
response to our request for additional information, Protech submitted
its supplemental responses on September 15, 2020,\6\ and October 1,
2020.\7\
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\4\ See Protech's Letters, ``Request for Changed Circumstances
Review,'' dated August 19, 2020 (CCR Request) at 1-2, and ``Response
of Protech Diamond Tools Inc. to the Department's September 1, 2020,
Supplemental Questionnaire'' dated September 15, 2020 (Protech's
First Supplemental Response) at 1.
\5\ See DSMC's Letter, ``Comments in Support of Protech's
Request for Changed Circumstances Review,'' dated August 26, 2020.
DSMC is the petitioner in this proceeding.
\6\ See Protech's First Supplemental Response.
\7\ See Protech's Letter, ``Response of Protech Diamond Tools
Inc. to the Department's September 28, 2020, Second Supplemental
Questionnaire,'' dated October 1, 2020.
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Scope of the Order
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 semi-finished 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
[[Page 74316]]
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 U.S. Customs and Border Protection
(CBP).\8\ 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.\9\
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\8\ See Diamond Sawblades and Parts Thereof from the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative
Review, 76 FR 76128 (December 6, 2011).
\9\ See Diamond Sawblades and Parts Thereof from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; 2016-2017, 83 FR 64331 (December 14, 2018), and accompanying
Issues and Decision Memorandum at 3.
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The tariff classification is provided for convenience and customs
purposes; however, the written description of the scope of the order is
dispositive.
Initiation of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.216(d), Commerce will conduct a CCR upon
receipt of a request from an interested party or receipt of information
concerning an antidumping duty order which shows changed circumstances
sufficient to warrant a review of the order. In accordance with 19 CFR
351.216(d), Commerce finds that Protech provided sufficient information
to initiate a CCR. Therefore, we are initiating a CCR pursuant to
section 751(b)(1) of the Act and 19 CFR 351.216(d) to determine whether
Protech is: (1) Able to identify diamond sawblades produced in Canada
by Protech using non-Chinese cores and Chinese segments and exported to
the United States; and (2) eligible for the certification process.
Preliminary Results of Changed Circumstances Review
Commerce is conducting this CCR in accordance with section
751(b)(1) of the Act. We preliminarily determine that, since the
publication of the Final Determination, Protech has demonstrated in its
CCR request that it is able to identify and segregate diamond sawblades
produced in Canada by Protech, using non-Chinese cores and Chinese
segments and exported to the United States.
Protech claims that, since the publication of the Final
Determination, it ``has implemented numerous safeguards at its
production facility to . . . ensure that Protech will use only non-
Chinese origin cores in any of its diamond sawblades that are exported
to the United States.'' \10\ Commerce requested Protech to provide a
written document describing these implementation plans that were
approved by the company, its shareholders, and/or board members, if it
is available.\11\ In response, Protech provided a company meeting
memorandum, a shareholder resolution, and a memorandum to its staff
that memorialized the company's new cores coding system.\12\ The
company meeting and the shareholder resolution took place around the
time of the publication of the Preliminary Determination.\13\
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\10\ See CCR Request at 2.
\11\ See Commerce's First Supplemental Questionnaire to Protech
dated September 1, 2020.
\12\ See Protech's First Supplemental Response at 2 and Exhibits
1, 2, and 3.
\13\ See Protech's First Supplemental Response at 2 (``Shortly
after the Department issued its preliminary anti-circumvention
determination, Protech held internal meetings . . . Protech recorded
the results of its meeting in an internal memorandum, see Exhibit 1,
and Protech's shareholders shortly thereafter issued a resolution
adopting this determination, see Exhibit 2.''); see also Diamond
Sawblades and Parts Thereof from the People's Republic of China:
Preliminary Affirmative Determination of Circumvention, 84 FR 58130
(October 30, 2019) (Preliminary Determination).
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Protech claims that it can identify non-Chinese cores and Chinese
cores with the logos and additional information that the suppliers of
cores engraved in the cores, e.g., the part number associated with
Protech and the supplier's order number.\14\ Further, Protech explains
that it identifies the country of origin of each shipment of these
cores using a certificate of origin that identifies the manufacturer of
the merchandise and the manufacturer's address, a commercial invoice
that identifies the manufacturer's country of origin, a bill of lading,
and a packing list, as applicable.\15\ To support these assertions,
Protech provided photos of cores with logos and additional information
and documents used to identify the country of origin.\16\
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\14\ See CCR Request at 2-3 and Exhibits 1 and 2.
\15\ See Protech's First Supplemental Response at 5 and Exhibit
5.
\16\ See CCR Request at Exhibits 1 and 2, and Protech's First
Supplemental Response at Exhibit 4.
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Protech claims that it stores: (1) Non-Chinese cores separately in
manufacturer-specific separate storage zones in its production
facility; and (2) Chinese cores on shelves in an entirely separate
section of its facility.\17\ Protech explains that maintaining these
separate storage zones helps to ensure that Protech uses only cores
stored in certain areas when it produces and exports diamond sawblades
to the United States.\18\ To support these assertions, Protech provided
photos of these storage zones and the blueprint of the production
facility with identification of specific storage zones.\19\
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\17\ See CCR Request at 3 and Exhibit 3 for non-Chinese cores
and Exhibit 4 for Chinese cores; see also Protech's First
Supplemental Response at 5-6 and Exhibits 6-9.
\18\ See CCR Request at 3 and Exhibit 3 for non-Chinese cores
and Exhibit 4 for Chinese cores; see also Protech's First
Supplemental Response at 5-6 and Exhibits 6-9.
\19\ See CCR Request at Exhibit 3 for non-Chinese cores and
Exhibit 4 for Chinese cores; see also Protech's First Supplemental
Response at Exhibits 6-9.
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Protech claims that it maintains: (1) Production records that track
the sources of the cores that it incorporates into diamond sawblades
that it produces and exports; and (2) a monitoring system that tracks
all aspects of its inventory (including cores) and classifies its
suppliers, which also provides details on each item in inventory,
including cores.\20\
[[Page 74317]]
Specifically, Protech explains that, when it receives a shipment of
cores at its warehouse, its staff will input information related to
that shipment, e.g., core size, core specifications, core supplier,
stock-keeping unit numbers, storage zone in Protech's warehouse, and
quantity received, in its inventory database.\21\ Protech also explains
that its production orders, work sheets, and material sheets issued for
the production of diamond sawblades trace the country of origin of the
cores used in the production process.\22\ To support these assertions,
Protech provided production and inventory records and computer
screenshots of inventory data maintained in its computer record system
showing the inventory of cores on a supplier-specific basis.\23\
Protech also reported that, during production and quality control and
before shipment of finished diamond sawblades, it conducts multiple
checks using production orders, worksheets, and material sheets to
identify and confirm the country of origin of cores in the finished
diamond sawblades.\24\ Based on the information provided by Protech, we
preliminarily find that Protech is able to identify and effectively
segregate diamond sawblades produced in Canada by Protech using non-
Chinese cores and Chinese segments from other diamond sawblades
produced at its facility.
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\20\ See CCR Request at 3 and Exhibits 5-6.
\21\ See CCR Request at 3-4 and Exhibits 5-7; see also Protech's
First Supplemental Response at 6 and Exhibits 10-16.
\22\ See Protech's First Supplemental Response at 6-7 and
Exhibit 11.
\23\ See CCR Request at Exhibits 5-7 for non-Chinese cores and
Exhibit 4 for Chinese cores; see also Protech's First Supplemental
Response at Exhibits 10-16.
\24\ See Protech's First Supplemental Response at 3-4, 6-7, and
Exhibits 4, 11.
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Based on information provided by Protech, we also preliminarily
find that Protech and Gogo are affiliated, in accordance with section
771(33)(F) of the Act and 19 CFR 351.102(b)(3).\25\ Therefore, we
preliminarily find that diamond sawblades produced in Canada by Protech
using Chinese cores and Chinese segments and exported by Gogo to the
United States are subject to the antidumping duty order on diamond
sawblades from China.
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\25\ See Memorandum, ``Diamond Sawblades and Parts Thereof from
the People's Republic of China: Affiliation of Protech Diamond Tools
Inc. and Gogo International Inc.'' dated concurrently with this
notice, for details containing Protech's business proprietary
information.
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If these preliminary results are adopted in our final results of
this CCR, effective on the publication date of our final results,
Protech, Gogo and their importers will be eligible, where appropriate,
to certify that the diamond sawblades produced in Canada by Protech and
exported by either Protech or Gogo were produced using non-Chinese
cores and Chinese segments. Attached as Appendix I is draft
certification language. Commerce also preliminarily determines, based
on the request in this CCR, that no other exporters are eligible for
this certification process.\26\
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\26\ The circumvention determination covered diamond sawblades
produced in Canada by Protech with Chinese cores and Chinese
segments and exported by Protech. See Final Determination, 85 FR at
9738. Other exporters are not covered by the circumvention
determination.
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Suspension of Liquidation and Certification Requirements
In accordance with 19 CFR 351.225(l)(3), if the final results of
this review remain unchanged from the preliminary results, the
suspension of liquidation instructions will remain in effect until
further notice. Commerce will direct CBP to suspend liquidation and to
require a cash deposit of estimated duties on unliquidated entries of
diamond sawblades produced (i.e., assembled or completed) using Chinese
cores and Chinese segments by Protech in Canada and exported by Gogo
that were entered, or withdrawn from warehouse, for consumption on or
after the date of initiation of the CCR.\27\
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\27\ See Final Determination, 85 FR at 9739.
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Diamond sawblades produced by Protech in Canada using non-Chinese
cores and Chinese segments and exported from Canada by either Protech
or Gogo are not subject to the antidumping duty order on diamond
sawblades from China. However, imports of such merchandise are subject
to certification requirements, and cash deposits may be required if the
certification requirements are not satisfied. Accordingly, if an
importer imports finished diamond sawblades produced in Canada by
Protech and exported from Canada by either Protech or Gogo and claims
that the finished diamond sawblades were produced from non-Chinese
cores and Chinese segments, in order not to be subject to cash deposit
requirements, the importer and exporter are required to meet the
certification and documentation requirements described herein and in
the certifications contained in Appendix I. Where no certification is
provided for an entry of diamond sawblades produced by Protech in
Canada and exported by Protech or Gogo to the United States, and the
antidumping duty order on diamond sawblades from China potentially
applies to that entry, Commerce intends to instruct CBP to suspend the
entry and collect cash deposits at the China-wide rate of 82.05 percent
of the entered value of the merchandise.\28\ For shipments and/or entry
summaries made on or after the date of publication of the initiation of
the CCR through 30 days after the date of publication of the final
results of CCR for which certifications are required, importers and
exporters should complete the required certification within 30 days
after the publication of the final results of this CCR in the Federal
Register. Accordingly, where appropriate, the relevant bullet in the
certification should be edited to reflect that the certification was
completed within the time frame specified above. For such entries/
shipments, importers and exporters each have the option to complete a
blanket certification covering multiple entries/shipments, individual
certifications for each entry/shipment, or a combination thereof. For
shipments and/or entries made on or after 31 days after the date of
publication of the final results of this CCR in the Federal Register,
for which certifications are required, importers should complete the
required certification at or prior to the date of entry summary, and
exporters should complete the required certification and provide it to
the importer at or prior to the date of shipment.
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\28\ See, e.g., Diamond Sawblades and Parts Thereof from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2016-2017, 83 FR 64331, 64332 (December 14,
2018).
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Public Comment
Interested parties may submit case briefs no later than 14 days
after the publication of this notice.\29\ Rebuttal briefs, which must
be limited to issues raised in case briefs, may be filed not later than
seven days after the deadline for filing case briefs.\30\ Commerce has
modified certain of its requirements for serving documents containing
business proprietary information until further notice.\31\ Parties who
submit case briefs or rebuttal briefs in this changed circumstance
review are requested to submit with each argument: (1) A statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities. Interested parties that wish to request a hearing must
submit a written request to the Assistant Secretary for Enforcement and
[[Page 74318]]
Compliance, filed electronically via ACCESS, within 14 days of
publication of this notice.\32\ The hearing request should contain: (1)
The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, Commerce intends to hold
the hearing at a time and date to be determined. Parties should confirm
by telephone the date, time, and location of the hearing two days
before the scheduled date.
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\29\ See 19 CFR 351.309(c)(1)(ii). (``Any interested party may
submit a `case brief' within . . . 30 days after the date of
publication of the preliminary results of {a changed
circumstances{time} review, unless the Secretary alters the time
limit . . .'') (Emphasis added).
\30\ See 19 CFR 351.309(d).
\31\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
\32\ See 19 CFR 351.310(c) (``Any interested party may request
that the Secretary hold a public hearing on arguments to be raised
in case or rebuttal briefs within 30 days after the date of
publication of the . . . preliminary results of review, unless the
Secretary alters this time limit . . .'') (Emphasis added); see also
19 CFR 351.303 for general filing requirements.
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All submissions, with limited exceptions, must be filed
electronically using Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at http://access.trade.gov. An
electronically filed document must be received successfully in its
entirety by no later than 5:00 p.m. Eastern Time on the date the
document is due.
Notifications to Interested Parties
Consistent with 19 CFR 351.216(e), we intend to issue the final
results of this CCR no later than 270 days after the date on which this
review was initiated, or within 45 days after the publication of the
preliminary results if all parties in this review agree to our
preliminary results. The final results will include Commerce's analysis
of issues raised in any written comments.
We are issuing and publishing this initiation and preliminary
results notice in accordance with sections 751(b)(1) and 777(i) of the
Act, 19 CFR 351.216, and 19 CFR 351.221(c)(3)(i).
Dated: November 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Exporter Certification
Special Instructions: The party that made the sale to the United
States should fill out the exporter certification. Only Protech
Diamond Tools Inc., and Gogo International Inc., are eligible for
this certification process.
I hereby certify that:
(A) My name is {COMPANY OFFICIAL'S NAME{time} and I am an
official of {NAME OF EXPORTING COMPANY{time} , located at
{ADDRESS{time} ;
(B) I have direct personal knowledge of the facts regarding the
production and exportation of the finished diamond sawblades
identified below. ``Direct personal knowledge'' refers to facts the
certifying party is expected to have in its own books and records.
For example, an exporter should have direct personal knowledge of
the producer's identity and location.
(C) Finished diamond sawblades produced in Canada and covered by
this certification were not manufactured using cores produced in
China.
(D) This certification applies to the following sales to {NAME
OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S.
CUSTOMER{time} . (repeat this block as many times as necessary):
Foreign Seller's Invoice # to U.S. Customer:
Foreign Seller's Invoice to U.S. Customer Line item #:
Producer Name: Protech Diamond Tools Inc.
Producer's Address: Unit 105, 1626-115 Avenue NE, Calgary, Alberta,
Canada T3K 2E4
Producer's Invoice # to Foreign Seller: (If the foreign seller and
the producer are the same party, put NA here.)
(E) The finished diamond sawblades covered by this certification
were shipped to {NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS
SHIPPED{time} , located at U.S. {ADDRESS TO WHICH MERCHANDISE WAS
SHIPPED{time} .
(F) I understand that {NAME OF EXPORTING COMPANY{time} is
required to maintain a copy of this certification and sufficient
documentation supporting this certification (i.e., documents
maintained in the normal course of business, or documents obtained
by the certifying party, for example, mill certificates, production
records, invoices, etc.) for the later of (1) a period of five years
from the date of entry or (2) a period of three years after the
conclusion of any litigation in the United States courts regarding
such entries.
(G) I understand that {NAME OF EXPORTING COMPANY{time} must
provide a copy of this Exporter Certification to the U.S. importer
by the date of shipment.
(H) I understand that {NAME OF EXPORTING COMPANY{time} is
required to provide a copy of this certification and supporting
records, upon request, to U.S. Customs and Border Protection (CBP)
and/or the Department of Commerce (Commerce).
(I) I understand that the claims made herein, and the
substantiating documentation are subject to verification by CBP and/
or Commerce.
(J) I understand that failure to maintain the required
certification and/or failure to substantiate the claims made herein,
and/or failure to allow CBP and/or Commerce to verify the claims
made herein, may result in a de facto determination that all sales
to which this certification applies are within the scope of the
antidumping duty order on diamond sawblades and parts thereof from
the People's Republic of China. I understand that such finding will
result in:
(i) suspension of all unliquidated entries (and entries for
which liquidation has not become final) for which these requirements
were not met; and
(ii) the requirement that the importer post applicable
antidumping duty cash deposits (as appropriate) equal to the rates
as determined by Commerce; and
(iii) the revocation of {NAME OF EXPORTING COMPANY{time} 's
privilege to certify future exports of finished diamond sawblades
from Canada as not manufactured using cores from China.
(K) This certification was completed at or prior to the date of
shipment;
(L) I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make material false statements to the U.S. government.
Signature
NAME OF COMPANY OFFICIAL
TITLE
DATE
Importer Certification
I hereby certify that:
(A) My name is {IMPORTING COMPANY OFFICIAL'S NAME{time} and I
am an official of {NAME OF IMPORTING COMPANY{time} , located at
{ADRESS OF IMPORTING COMPANY{time} .
(B) I have direct personal knowledge of the facts regarding the
importation into the Customs territory of the United States of
finished diamond sawblades produced in Canada that entered under
entry summary number(s) identified below and are covered by this
certification. ``Direct personal knowledge'' refers to facts the
certifying party is expected to have in its own records. For
example, the importer should have direct personal knowledge of the
importation of the product (e.g., the name of the exporter) in its
records.
(C) If the importer is acting on behalf of the first U.S.
customer, complete this paragraph, if not put ``NA'' at the end of
this paragraph: finished diamond sawblades covered by this
certification were imported by {NAME OF IMPORTING COMPANY{time} on
behalf of {NAME OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S.
CUSTOMER{time} .
(D) Finished diamond sawblades covered by this certification
were shipped to {NAME OF PARTY TO WHOM MERCHANDISE WAS FIRST SHIPPED
IN THE UNITED STATES{time} , located at {ADDRESS OF SHIPMENT{time} .
(E) I have personal knowledge of the facts regarding the
production of the finished diamond sawblades identified below.
``Personal knowledge'' includes facts obtained from another party,
(e.g., correspondence received by the importer (or exporter) from
the producer regarding the country of manufacture of the imported
products).
(F) Finished diamond sawblades covered by this certification
were not manufactured using cores produced in China.
(G) This certification applies to the following entries (repeat
this block as many times as necessary):
Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller's address:
Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:
Producer: Protech Diamond Tools Inc.
[[Page 74319]]
Producer's Address: Unit 105, 1626 -115 Avenue NE, Calgary, Alberta,
Canada T3K 2E4
(H) I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of this certification and sufficient
documentation supporting this certification (i.e., documents
maintained in the normal course of business, or documents obtained
by the certifying party, for example, mill certificates, production
records, invoices, etc.) for the later of (1) a period of five years
from the date of entry or (2) a period of three years after the
conclusion of any litigation in the United States courts regarding
such entries.
(I) I understand that {NAME OF IMPORTING COMPANY{time} is
required to provide this certification and supporting records to
U.S. Customs and Border Protection (CBP) and/or the Department of
Commerce (Commerce), upon request by the respective agency.
(J) I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of the exporter's certification
(attesting to the production and/or export of the imported
merchandise identified above), and any supporting records provided
by the exporter to the importer, for the later of (1) a period of
five years from the date of entry or (2) a period of three years
after the conclusion of any litigation in United States courts
regarding such entries.
(K) I understand that {NAME OF IMPORTING COMPANY{time} is
required, upon request, to provide a copy of the exporter's
certification and any supporting records provided by the exporter to
the importer, to CBP and/or Commerce.
(L) I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
(M) I understand that failure to maintain the required
certifications, and/or failure to substantiate the claims made
herein, and/or failure to allow CBP and/or Commerce to verify the
claims made herein, may result in a de facto determination that all
entries to which this certification applies are within the scope of
the antidumping duty order on diamond sawblades and parts thereof
from the People's Republic of China. I understand that such finding
will result in:
(i) suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the requirement that the importer post applicable
antidumping duty cash deposits (as appropriate) equal to the rates
determined by Commerce; and
(iii) the revocation of {NAME OF IMPORTING COMPANY{time} 's
privilege to certify future imports of diamond sawblades from Canada
as not manufactured using cores from China.
(N) I understand that agents of the importer, such as brokers,
are not permitted to make this certification. Where a broker or
other party was used to facilitate the entry process, {NAME OF
IMPORTING COMPANY{time} obtained the entry summary number and date
of entry summary from that party.
(O) This certification was completed at or prior to the date of
entry summary.
(P) I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make material false statements to the U.S. government.
Signature
NAME OF COMPANY OFFICIAL
TITLE
DATE
[FR Doc. 2020-25682 Filed 11-19-20; 8:45 am]
BILLING CODE 3510-DS-P