[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Notices]
[Pages 73417-73420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29786]


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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: 
2010-2011

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting 
an administrative review of the antidumping duty order on diamond 
sawblades and parts thereof (``diamond sawblades'') from the People's 
Republic of China (``PRC''). The period of review (``POR'') is November 
1, 2010 through October 31, 2011. The Department has preliminarily 
determined that certain companies covered by this review made sales of 
subject merchandise at less than normal value.

DATES: Effective Date: December 10, 2012.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Michael A. Romani, 
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-
5760 and (202) 482-0198, respectively.

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 semifinished 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 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, 
the Department 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'').\1\ The tariff classification 
is provided for convenience and customs purposes; however, the written 
description of the scope of the order is dispositive.
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    \1\ See Diamond Sawblades and Parts Thereof From the Republic of 
Korea: Preliminary Results of Antidumping Duty Administrative 
Review, 76 FR 76128 (December 6, 2011).
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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

[[Page 73418]]

surrounding the fraud allegation were examined thoroughly. We intend to 
release the verification reports and issue a post-preliminary analysis 
addressing the fraud allegation.

Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act''). 
Export price and constructed export price have been calculated in 
accordance with section 772 of the Act. Because the PRC is a nonmarket 
economy (``NME'') within the meaning of section 771(18) of the Act, 
normal value has been calculated in accordance with section 773(c) of 
the Act. Specifically, the respondents' factors of production have been 
valued in Thailand, which is economically comparable to the PRC and is 
a significant producer of comparable merchandise. The financial ratios 
were derived from the financial statements of a producer of comparable 
merchandise in the Philippines, which is economically comparable to the 
PRC.
    For a full description of the methodology underlying our 
conclusions, see ``Decision Memorandum for Preliminary Results of 2010-
2011 Antidumping Duty Administrative Review: Diamond Sawblades and 
Parts Thereof from the People's Republic of China'' from Gary Taverman, 
Senior Advisor for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Import 
Administration, dated December 3, 2012 (``Preliminary Decision 
Memorandum, 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 https://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.

Affiliation and Treatment of Affiliated Parties as a Single Entity

    For the preliminary results of review, we find that Advanced 
Technology & Materials Co., Ltd. (``ATM''), Beijing Gang Yan Diamond 
Products Company (``BGY''), and HXF Saw Co., Ltd.\2\ (``HXF'') are 
affiliated.\3\ Additionally, we preliminarily find that BGY and Cliff 
(``Tianjin'') International Ltd. (``Cliff'') are affiliated and that 
ATM and AT&M International Trading Co., Ltd. (``ATMI'') are affiliated. 
Therefore, in these preliminary results the ``ATM Single Entity'' 
consists of ATM, ATMI, BGY, Cliff, and HXF.\4\
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    \2\ See letter to the Secretary of Commerce dated February 27, 
2012, entitled ``Diamond Sawblades from the People's Republic of 
China: No Shipment Certification''.
    \3\ See Final Determination of Sales at Less Than Fair Value and 
Final Partial Affirmative Determination of Critical Circumstances: 
Diamond Sawblades and Parts Thereof from the People's Republic of 
China, 71 FR 29303, 29304, 29306-07 (May 22, 2006).
    \4\ For a full discussion of these companies' affiliation 
status, see the memorandum entitled ``Diamond Sawblades and Parts 
Thereof from the People's Republic of China: ATM Single Entity,'' 
dated December 3, 2012.
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Withdrawal of Request for Review

    We received a letter of withdrawal from Danyang Hantronic Import & 
Export Co., Ltd. (``Danyang Hantronic''), with respect to the 
review.\5\ Because Danyang Hantronic has not previously received a 
separate rate, we are not rescinding this review. While the request for 
review for this company was timely withdrawn, the company remains part 
of the PRC-wide entity.
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    \5\ See the letter from Danyang Hantronic dated March 28, 2012.
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Preliminary Determination of No Shipments

    Qingdao Shinhan Diamond Industrial Co., Ltd. (``Qingdao Shinhan''), 
which has a separate rate, reported that it did not have any exports of 
subject merchandise during the POR.\6\ This is consistent with the CBP 
data for the POR, which showed no evidence of imports from this 
company.\7\ Additionally, we requested that CBP report any contrary 
information. To date, CBP has not responded to our inquiry and we have 
not received any evidence that this entity had any shipments to the 
United States of subject merchandise during the POR.\8\ Consistent with 
the Department's recently announced refinement to its assessment 
practice in NME cases regarding no shipment claims, we are completing 
the review with respect to Qingdao Shinhan, and will issue appropriate 
instructions to CBP based on the final results of the review.\9\
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    \6\ See the no shipment letter filed by Qingdao Shinhan on 
February 28, 2012.
    \7\  See the memorandum entitled ``Diamond Sawblades and Parts 
Thereof from the People's Republic of China--placing CBP Data on the 
record of this review'' dated January 6, 2012.
    \8\ CBP only responds to the Department's inquiry when there are 
records of shipments from the company in question. See, e.g., 
Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Flat Products 
From Brazil: Notice of Rescission of Antidumping Duty Administrative 
Review, 75 FR 65453, 65454 (October 25, 2010).
    \9\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) and the 
``Assessment Rates'' section below.
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    We also received a no shipment claim from China Iron & Steel 
Research Institute Group (``CISRI'') \10\ which does not have a 
separate rate. Because CISRI does not have a separate rate and remains 
part of the PRC entity, we are not addressing its no shipment claim.
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    \10\ See the no shipment letter filed by CISRI on February 27, 
2012.
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Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                       Exporter                        Margin  (percent)
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Advanced Technology & Materials Co., Ltd.............               0.00
AT&M International Trading Co., Ltd..................               0.00
Beijing Gang Yan Diamond Products Co.\11\............               0.00
Bosun Tools Co., Ltd.\12\............................              35.09
Chengdu Huifeng Diamond Tools Co., Ltd...............              35.09
Cliff International Ltd..............................               0.00
Danyang Huachang Diamond Tools Manufacturing Co., Ltd              35.09
Danyang NYCL Tools Manufacturing Co., Ltd............              35.09
Danyang Weiwang Tools Manufacturing Co., Ltd.........              35.09
Guilin Tebon Superhard Material Co., Ltd.............              35.09
Hangzhou Deer King Industrial & Trading Co., Ltd.....              35.09

[[Page 73419]]

 
Hebei Husqvarna-Jikai Diamond Tools Co., Ltd\13\.....              35.09
Huzhou Gu's Import & Export Co., Ltd.................              35.09
HXF Saw Co., Ltd.\14\................................               0.00
Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd....              35.09
Jiangsu Inter-China Group Corporation \15\...........              35.09
Jiangsu Youhe Tool Manufacturer Co., Ltd.\16\........              35.09
Quanzhou Zhongzhi Diamond Tool Co. Ltd...............              35.09
Rizhao Hein Saw Co., Ltd.............................              35.09
Saint-Gobain Abrasives (Shanghai) Co., Ltd.\17\......              35.09
Shanghai Robtol Tool Manufacturing Co., Ltd..........              35.09
Weihai Xiangguang Mechanical Industrial Co., Ltd.....              35.09
Wuhan Wanbang Laser Diamond Tools Co.................              35.09
Xiamen ZL Diamond Technology Co., Ltd.\18\...........              35.09
Zhejiang Wanli Tools Group Co., Ltd..................              35.09
PRC-Wide Entity \19\.................................             164.09
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Disclosure and Public Comment

    The Department will disclose calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit written comments no later than 30 days 
after the date of publication of these preliminary results of 
review.\20\ Rebuttals to written comments may be filed no later than 
five days after the written comments are filed.\21\
    Any interested party may request a hearing within 30 days of 
publication of this notice.\22\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone; 
(2) the number of participants; and (3) a list of issues to be 
discussed. Oral presentations will be limited to issues raised in the 
briefs. If a request for a hearing is made, parties will be notified of 
the time and date for the hearing to be held at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.\23\
    The Department will issue the final results of this administrative 
review, which will include the results of its analysis of issues raised 
in any such comments, within 120 days of publication of these 
preliminary results, pursuant to section 751(a)(3)(A) of the Act.
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    \11\ Beijing Gang Yan Diamond Products Co. reported that Gang 
Yan Diamond Products Inc., a company for which we initiated this 
review in Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 76 FR 
82268, 82271 (December 30, 2011) (Initiation Notice), is its U.S. 
affiliate. See the ATM Single Entity's section A response dated 
March 19, 2012, at page A-1.
    \12\ Bosun Tools Co., Ltd. was previously known as Bosun Tools 
Group Co., Ltd., a company for which we initiated this review in 
Initiation Notice, 76 FR at 82270. See Diamond Sawblades and Parts 
Thereof From the People's Republic of China: Preliminary Results of 
Antidumping Duty Administrative Review and Intent To Rescind Review 
in Part, 76 FR 76135, 76137 (December 6, 2011). Also, Bosun Tools 
Co., Ltd., reported that Bosun Tools Inc., a company for which we 
initiated this review in Initiation Notice, 76 FR at 82271, is its 
U.S. affiliate. See Bosun Tools Co., Ltd.'s separate rate 
application dated February 28, 2012, at 4.
    \13\ Hebei Husqvarna-Jikai Diamond Tools Co., Ltd., reported 
that Husqvarna Construction Products North America, Inc., a company 
for which we initiated this review in Initiation Notice, 76 FR at 
82271, is its U.S. affiliate. See Hebei Husqvarna-Jikai Diamond 
Tools Co., Ltd.'s separate rate application dated February 24, 2012, 
at 18 and Appendix A.
    \14\ Yichang HXF Circular Saw Industrial Co., Ltd., changed its 
name to HXF Saw Co., Ltd. See the ATM Single Entity's October 5, 
2012, response at Exhibit SA-9.
    \15\ Jiangsu Inter-China Group Corporation was previously known 
as Zhenjiang Inter-China Import & Export Co., Ltd., a company for 
which we initiated this review in Initiation Notice, 76 FR at 82271. 
See Jiangsu Inter-China Group Corporation's August 6, 2012, 
supplemental separate rate application at Exhibit S-1.
    \16\ Jiangsu Youhe Tool Manufacturer Co., Ltd., was previously 
known as Danyang Youhe Tool Manufacturer Co., Ltd., a company for 
which we initiated this review in Initiation Notice, 76 FR at 82271. 
See Jiangsu Youhe Tool Manufacturer Co., Ltd.'s February 28, 2012, 
separate rate application at 4 and Exhibit 1.
    \17\ Saint-Gobain Abrasives (Shanghai) Co., Ltd. reported that 
Saint-Gobain Abrasives Inc., a company for which we initiated this 
review in Initiation Notice, 76 FR at 82271, is its U.S. affiliate. 
See Saint-Gobain Abrasives (Shanghai) Co., Ltd.'s February 28, 2012, 
separate rate application at 9.
    \18\ Xiamen ZL Diamond Technology Co., Ltd., stated in its 
separate rate application that its name before the POR was Xiamen ZL 
Diamond Tools Co., Ltd., for which we initiated this review in 
Initiation Notice, 76 FR at 82271. See Xiamen ZL Diamond Technology 
Co., Ltd.'s February 22, 2012, separate rate application at 2.
    \19\ The deadline to file a separate rate application, separate 
rate certification, or a notification of no sales, exports or 
entries is 60 days after the initiation of the administrative 
review, which in this case was February 28, 2012. Therefore, as of 
February 29, 2012, the remaining companies under review that did not 
demonstrate eligibility for a separate rate effectively became part 
of the PRC-wide entity. Accordingly, the PRC-wide entity includes 
the following companies: Central Iron and Steel Research Institute 
Group, CISRI, Danyang Aurui Hardware Products Co., Ltd., Danyang 
Dida Diamond Tools Manufacturing Co., Ltd., Danyang Hantronic, 
Danyang Tsunda Diamond Tools Co., Ltd., Danyang Youmei Tools Co., 
Ltd., Electrolux Construction Products (Xiamen) Co. Ltd., Fujian 
Quanzhou Wanlong Stone Co., Ltd., Hebei Jikai Industrial Group Co., 
Ltd., Hua Da Superabrasive Tools Technology Co., Ltd., Huachang 
Diamond Tools Manufacturing Co., Ltd., Jiangsu Fengyu Tools Co., 
Ltd., Jiangyin Likn Industry Co., Ltd., Protech Diamond Tools, 
Pujiang Talent Diamond Tools Co., Ltd., Quanzhou Shuangyang Diamond 
Tools Co., Ltd., Shanghai Deda Industry & Trading Co., Ltd., 
Shijiazhuang Global New Century Tools Co., Ltd., Sichuan Huili Tools 
Co., Task Tools & Abrasives, Wuxi Lianhua Superhard Material Tools 
Co., Ltd., Zhejiang Tea Import & Export Co., Ltd., Zhejiang Wanda 
Import and Export Co., Zhejiang Wanda Tools Group Corp., Zhejiang 
Wanli Super-hard Materials Co., Ltd., and Wanli Tools Group.
    \20\ See 19 CFR 351.309(c).
    \21\ See 19 CFR 351.309(d).
    \22\ See 19 CFR 351.310(c).
    \23\ See 19 CFR 351.310(d).

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[[Page 73420]]

Deadline for Submission of Publicly Available Surrogate Value 
Information

    In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for 
submission of publicly available information to value factors 
production under 19 CFR 351.408(c) is 20 days after the date of 
publication of these preliminary results. In accordance with 19 CFR 
351.301(c)(1), if an interested party submits factual information less 
than ten days before, on, or after (if the Department has extended the 
deadline), the applicable deadline for submission of such factual 
information, an interested party may submit factual information to 
rebut, clarify, or correct the factual information no later than ten 
days after such factual information is served on the interested party. 
However, the Department generally will not accept in the rebuttal 
submission additional or alternative surrogate value information not 
previously on the record, if the deadline for submission of surrogate 
value information has passed.\24\ Furthermore, the Department generally 
will not accept business proprietary information in either the 
surrogate value submissions or the rebuttals thereto, as the regulation 
regarding the submission of surrogate values allows only for the 
submission of publicly available information.\25\
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    \24\ See, e.g., Glycine from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review and Final 
Rescission, in Part, 72 52 58809 (October 17, 2007), and 
accompanying Issues and Decision Memorandum at Comment 2.
    \25\ See 19 CFR 351.301(c)(3).
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Assessment Rates

    Upon issuing the final results of review, the Department will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by this review.\26\ If a respondent's weighted-average 
dumping margin is above de minimis (i.e., 0.50 percent) in the final 
results of this review, we will calculate an importer-specific 
assessment rate on the basis of the ratio of the total amount of 
dumping calculated for the importer's examined sales and the total 
entered value of those sales in accordance with 19 CFR 351.212(b)(1). 
Specifically, the Department will apply the assessment rate calculation 
method adopted in Final Modification for Reviews, i.e., on the basis of 
monthly average-to-average comparisons using only the transactions 
associated with that importer with offsets being provided for non-
dumped comparisons.\27\ 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.\28\
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    \26\ See 19 CFR 351.212(b)(1).
    \27\ 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'').
    \28\ See 19 CFR 351.106(c)(2).
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    The Department recently announced a refinement to its assessment 
practice in NME cases. Pursuant to this refinement in practice, for 
entries that were not reported in the U.S. sales databases submitted by 
companies individually examined during this review, the Department will 
instruct CBP to liquidate such entries at the PRC-wide rate. In 
addition, if the Department 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 PRC-wide rate.\29\ The Department 
intends to issue appropriate assessment instructions directly to CBP 15 
days after publication of the final results of review.
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    \29\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from the PRC 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 subject 
merchandise exported by the ATM Single Entity, Weihai, and non-selected 
respondents which have separate rates, the cash deposit rate will be 
that established in the final results of review (except, if the rate is 
zero or de minimis, then zero cash deposit will be required); (2) for 
previously investigated or reviewed PRC and non-PRC 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 PRC 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 PRC-wide entity; and (4) for 
all non-PRC exporters of subject merchandise which have not received 
their own rate, the cash deposit rate will be the rate applicable to 
the PRC exporter that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: December 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

List of Topics Discussed in the Preliminary Decision Memorandum

Fraud Allegation
Non-Market Economy Country Status
Separate Rate
Separate Rate Respondent

(1) Wholly Foreign-Owned
(2) Joint Ventures Between Chinese and Foreign Companies or Wholly 
Chinese-Owned Companies
(3) Separate Rate for Non-Selected Companies
(4) PRC-Wide Entity

Surrogate Country
Affiliation
Fair Value Comparison
U.S. Price
Export Price Sales
Constructed Export Price Sales
Further Manufactured Sales
Revenue Caps
Normal Value
Factor Valuations
Currency Conversion

[FR Doc. 2012-29786 Filed 12-7-12; 8:45 am]
BILLING CODE 3510-DS-P