[Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Notices]
[Pages 47104-47105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15469]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-900]


Diamond Sawblades and Parts Thereof, From the People's Republic 
of China: Notice of Court Decision Not in Harmony With the Final 
Results of Antidumping Administrative Review; Notice of Amended Final 
Results

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

SUMMARY: On July 12, 2023, the U.S. Court of International Trade (CIT) 
issued its final judgment in Danyang Weiwang Tools Manufacturing Co., 
Ltd. et al. v. United States, Consol. Court No. 19-00006, sustaining 
the U.S. Department of Commerce's (Commerce) remand results pertaining 
to the antidumping duty administrative review on diamond sawblades and 
parts thereof from the People's Republic of China (China) covering the 
period of review, November 1, 2016, through October 31, 2017. Commerce 
is notifying the public that the CIT's final judgment is not in harmony 
with Commerce's final results of the administrative review, and that 
Commerce is amending the final results with respect to the dumping 
margin assigned to Danyang Weiwang Tools Manufacturing Co., Ltd., 
Quanzhou Zhongzhi Diamond Tool Co., Ltd., and Chengdu Huifeng New 
Material Technology Co., Ltd. (collectively, the Separate Rate 
Respondents).

DATES: Applicable July 24, 2023.

FOR FURTHER INFORMATION CONTACT: Allison Hollander, 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) 482-2805.

SUPPLEMENTARY INFORMATION:

Background

    On December 14, 2018, Commerce published its final results in the 
2016-2017 antidumping duty administrative review of diamond sawblades 
and parts thereof from China.\1\ Commerce applied to non-selected 
respondents the separate rate assigned to eligible respondents in the 
last completed administrative review prior to the instant review, which 
was 82.05 percent.
---------------------------------------------------------------------------

    \1\ 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) (Final Results), 
and accompanying Issues and Decision Memorandum.
---------------------------------------------------------------------------

    The Separate Rate Respondents appealed Commerce's Final Results. On 
January 13, 2023, the CIT remanded the Final Results to Commerce, 
granting Commerce's request to consider the effect of recently 
completed litigation of the prior administrative review \2\ on the 
Final Results.\3\ In its final results of redetermination, issued on 
April 7, 2023, Commerce revised the rate (i.e., from 82.05 percent to 
41.03 percent) for the Separate Rate Respondents.\4\ The CIT sustained 
Commerce's Final Remand.\5\
---------------------------------------------------------------------------

    \2\ See Bosun Tools Co., Ltd. v. United States, 493 F. Supp. 3d 
1351 (CIT 2021), aff'd Bosun Tools Co., Ltd. et al. v. United 
States, Court No. 2021-1930 (Fed. Cir. Jan. 10, 2022).
    \3\ See Danyang Weiwang Tools Manufacturing Co., Ltd. et al. v. 
United States, Consol. Court No. 19-00006 (CIT January 13, 2023) 
(Remand Order).
    \4\ See Final Results of Redetermination Pursuant to Court 
Remand, Danyang Weiwang Tools Manufacturing Co., Ltd. et al., 
Consol. Court No. 19-00006 (CIT January 13, 2023), dated April 7, 
2023 (Final Remand), available on Commerce's website at https://access.trade.gov/resources/remands/19-00006.pdf.
    \5\ See Danyang Weiwang Tools Manufacturing Co., Ltd. et al. v. 
United States, Consol. Court No. 19-00006, Slip Op. 23-100 (CIT July 
12, 2023).

---------------------------------------------------------------------------

[[Page 47105]]

Timken Notice

    In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\ 
the U.S. Court of Appeals for the Federal Circuit held that, pursuant 
to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the 
Act), Commerce must publish a notice of court decision that is not ``in 
harmony'' with a Commerce determination and must suspend liquidation of 
entries pending a ``conclusive'' court decision. The CIT's July 12, 
2023, judgment constitutes a final decision of the CIT that is not in 
harmony with Commerce's Final Results. Thus, this notice is published 
in fulfillment of the publication requirements of Timken.
---------------------------------------------------------------------------

    \6\ See Timken Co. v. United States, 893 F.2d. 337 (Fed. Cir. 
1990) (Timken).
    \7\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Circ. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Amended Final Results

    Because there is now a final court judgment, Commerce is amending 
its Final Results with respect to the Separate Rate Respondents as 
follows:

------------------------------------------------------------------------
                                     Final results rate     Remand rate
              Company                     (percent)          (percent)
------------------------------------------------------------------------
Chengdu Huifeng New Material                       82.05           41.03
 Technology Co., Ltd..............
Danyang Weiwang Tools                              82.05           41.03
 Manufacturing Co., Ltd...........
Quanzhou Zhongzhi Diamond Tool                     82.05           41.03
 Co., Ltd.........................
------------------------------------------------------------------------

Cash Deposit Requirements

    Because Chengdu Huifeng New Material Technology Co., Ltd., and 
Quanzhou Zhongzhi Diamond Tool Co., Ltd., have superseding cash deposit 
rates, i.e., there have been final results published in a subsequent 
administrative review,\8\ we will not issue revised cash deposit 
instructions to U.S. Customs and Border Protection (CBP) with respect 
to these companies. This notice will not affect the current cash 
deposit rate for these exporters.
---------------------------------------------------------------------------

    \8\ See Diamond Sawblades and Parts Thereof from the People's 
Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review, Preliminary Determination of No Shipments, 
and Rescission of Review in Part; 2018-2019, 86 FR 14873 (March 19, 
2021), unchanged in Diamond Sawblades and Parts Thereof from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2018-2019, 86 FR 46832 (August 20, 2021); see 
also 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; 2019-2020, 86 
FR 41446 (August 2, 2021), unchanged in Diamond Sawblades and Parts 
Thereof from the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review and Final Determination of No 
Shipments; 2019-2020, 86 FR 67905 (November 30, 2021).
---------------------------------------------------------------------------

    Commerce will issue revised cash deposit instructions to CBP for 
Danyang Weiwang Tools Manufacturing Co., Ltd., which does not have a 
superseding cash deposit rate.

Liquidation of Suspended Entries

    At this time, Commerce remains enjoined by CIT order from 
liquidating entries that were exported by the Separate Rate 
Respondents, and were entered, or withdrawn from warehouse, for 
consumption during the period November 1, 2016, through October 31, 
2017. These entries will remain enjoined pursuant to the terms of the 
injunctions during the pendency of any appeals process.
    In the event the CIT's ruling is not appealed, or, if appealed, 
upheld by a final and conclusive court decision, Commerce intends to 
instruct CBP to assess antidumping duties on unliquidated entries of 
subject merchandise exported by the Separate Rate Respondents in 
accordance with 19 CFR 351.212(b). We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e) and 777(i)(1) of the Act.

    Dated: July 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-15469 Filed 7-20-23; 8:45 am]
BILLING CODE 3510-DS-P