[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Notices]
[Pages 73420-73422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29757]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-855]
Diamond Sawblades and Parts Thereof From the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2010-
2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
[[Page 73421]]
SUMMARY: The Department of Commerce (``Department'') is conducting an
administrative review of the antidumping duty order on diamond
sawblades and parts thereof (``diamond sawblades'') from the Republic
of Korea (``Korea''). The period of review (``POR'') is November 1,
2010, through October 23, 2011, and the review covers three
manufacturers/exporters: Ehwa Diamond Industrial Co., Ltd. (``Ehwa'');
Hyosung D&P Co., Ltd. (``Hyosung''); and Shinhan Diamond Industrial
Co., Ltd. (``Shinhan''). We preliminarily find that sales of subject
merchandise have been made at prices below normal value.
DATES: Effective Date: December 10, 2012.
FOR FURTHER INFORMATION CONTACT: David Layton or Sergio Balbontin, AD/
CVD Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0371, and (202) 482-6478, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order is diamond sawblades. The
product 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. Subject merchandise may also enter under heading HTSUS
6804.21.00.00 to the scope description pursuant to a request by U.S.
Customs and Border Protection (``CBP''). Although the HTSUS headings
are provided for convenience and customs purposes, the written product
description available in Diamond Sawblades and Parts Thereof From the
Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review, 76 FR 76128 (December 6, 2011), remains
dispositive.
Fraud Allegation
The petitioner, Diamond Sawblades Manufacturers' Coalition, alleges
that Chinese and Korean producers of diamond sawblades sold subject
merchandise in the United States bearing a false country of origin
designation and requests that the Department take information related
to this allegation into consideration in both the first and second
administrative reviews. We continue to examine this allegation. The
Department recently completed verifications in the first administrative
review at which the facts surrounding the fraud allegation were
examined thoroughly. We intend to release the verification reports and
issue a post-preliminary analysis addressing the fraud allegation.
Adverse Facts Available
Because Hyosung did not respond to our request for information, we
determine that it is appropriate to apply ``facts otherwise available''
pursuant to section 776(a)(2)(B) of the Tariff Act of 1930, as amended
(``Act''). We further determine that an adverse inference is warranted
in accordance with section 776(b) of the Act because, in failing to
respond, Hyosung has not acted to the best of its ability to comply
with our request for information. For further details of our decision
to apply adverse facts available, see the ``Preliminary Decision
Memorandum for Administrative Review of the Antidumping Duty Order on
Diamond Sawblades and Parts Thereof from the Republic of Korea''
(``Preliminary Decision Memorandum''), dated concurrently with this
notice and hereby adopted by this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Import Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (``IA ACCESS''). IA ACCESS is available to
registered users at http://iaaccess.trade.gov and in the Central
Records Unit, room 7046 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly on the internet at http://www.trade.gov/ia/. The
signed Preliminary Decision Memorandum and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
Methodology
The Department has conducted this review in accordance with section
751(a)(2) of the Act. Constructed export price is calculated in
accordance with section 772 of the Act. Normal value has been
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
Preliminary Results of Review
As a result of this administrative review, we preliminarily
determine that the following weighted-average percentage dumping
margins exist for the period November 1, 2010, through October 23,
2011:
------------------------------------------------------------------------
Margin
Exporter/manufacturer (percent)
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Ehwa Diamond Industrial Co., Ltd............................ 12.25
Hyosung Diamond Industrial Co., Ltd, Western Diamond Tools 121.19
Inc., and Hyosung D&P Co., Ltd.............................
Shinhan Diamond Industrial Co., Ltd. and SH Trading, Inc.... 0.00
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Disclosure and Public Comment
The Department will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\1\
Interested parties may submit written comments (case briefs) within 30
days of publication of the preliminary results and rebuttal comments
(rebuttal briefs) within five days after the time limit for filing case
briefs.\2\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be
limited to the issues raised in the case briefs. Parties who submit
arguments are requested to submit with the argument: (1) A statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\1\ See 19 CFR 351.224(b).
\2\ See 19 CFR 351.309(c)(1)(ii).
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Import Administration, U.S. Department of Commerce, filed
electronically using IA ACCESS. An electronically filed document must
be received successfully in its entirety by the Department's electronic
records system, IA ACCESS, by 5 p.m. Eastern Standard Time within 30
days after the date of publication of this notice.\3\ Requests should
contain the party's name, address, and telephone number, the number of
participants, and a list of issues to be discussed. If a request for a
hearing is made, we will inform parties of the scheduled date for the
hearing which will be held at the U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington DC 20230, at a time and
location to be determined.\4\ Parties should confirm by telephone the
date, time, and location of the hearing.
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\3\ See 19 CFR 351.310(c).
\4\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section
751(a)(2)(B)(iv) of the Act, the Department will issue the final
results of this administrative
[[Page 73422]]
review, including the results of its analysis of issues raised by
parties in their comments, within 120 days after the issuance of these
preliminary results.
Assessment Rates
The Department shall determine, and CBP will assess, antidumping
duties on all appropriate entries in accordance with 19 CFR
351.212(b)(1). Pursuant to an order issued by the U.S. Court of
International Trade on October 24, 2011, liquidation of the entries
covered by this administrative review is enjoined. Accordingly, the
Department will not instruct CBP to assess antidumping duties pending
resolution of the associated litigation.
For any individually examined respondents whose weighted-average
dumping margin is above de minimis, we will calculate importer-specific
ad valorem duty assessment rates based on the ratio of the total amount
of dumping calculated for the importer's examined sales to the total
entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\5\
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\5\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review when the importer-specific
assessment rate calculated in the final results of this review is above
de minimis (i.e., 0.50 percent). Where either the respondent's
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
The final results of this review shall be the basis for the assessment
of antidumping duties on entries of merchandise covered by the final
results of this review where applicable.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(``Assessment Policy Notice''). This clarification will apply to
entries of subject merchandise during the POR produced by Ehwa and
Shinhan for which these companies did not know that their merchandise
was destined for the United States. In such instances, we will instruct
CBP to liquidate unreviewed entries at the all-others rate if there is
no rate for the intermediate involved in the transaction. For a full
discussion of this clarification, see Assessment Policy Notice.
Cash Deposit Requirements
Effective October 24, 2011, the Department revoked the antidumping
duty order on diamond sawblades from Korea, pursuant to a proceeding
under section 129 of the Uruguay Round Agreements Act to implement the
findings of the World Trade Organization dispute settlement panel in
United States--Use of Zeroing in Anti-Dumping Measures Involving
Products from Korea (WTIDS402/R) (January 18, 2011). See Notice of
Implementation of Determination Under Section 129 of the Uruguay Round
Agreements Act and Revocation of the Antidumping Duty Order on Diamond
Sawblades and Parts Thereof From the Republic of Korea, 76 FR 66892
(October 28, 2011), and accompanying Issues and Decision Memorandum.
Consequently, no cash deposits are required on imports of subject
merchandise.
Notification to Importers
This notice also 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 this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This review and notice are in accordance with sections 751(a)(1),
751(a)(3), and 777(i) of the Act.
Dated: December 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix
List of Topics Discussed in Preliminary Decision Memorandum
1. Fraud Allegation
2. Discussion of Methodology
a. Application of Facts Available
b. Adverse Facts Available
c. Corroboration
d. Comparison to Normal Value
e. Product Comparisons
f. Date of Sale
g. Constructed Export Price
h. Normal Value
i. Currency Conversion
[FR Doc. 2012-29757 Filed 12-7-12; 8:45 am]
BILLING CODE 3510-DS-P