[Federal Register Volume 78, Number 34 (Wednesday, February 20, 2013)]
[Notices]
[Pages 11818-11820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03865]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-855]
Diamond Sawblades and Parts Thereof From the Republic of Korea:
Final Results of Antidumping Duty Administrative Review, 2009-2010
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 6, 2011, the Department of Commerce (the
Department) published the preliminary results of the 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 January 23, 2009, through October 31, 2010.
For the final results, we continue to find that the companies covered
by the review made sales of subject merchandise at less than normal
value.
DATES: Effective Date: February 20, 2013.
FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Yasmin Nair, 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) 482-6478
and (202) 482-3813, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 6, 2011, the Department published the preliminary
results of administrative review of the antidumping duty order on
diamond sawblades from Korea.\1\ On January 5, 2012, we received case
briefs with respect to the Preliminary Results from Ehwa and Shinhan.
We did not receive rebuttal briefs. We did not receive a request for a
hearing.
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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) (Preliminary Results).
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On April, 5 2012, the Diamond Sawblades Manufacturers Coalition
(Petitioner) alleged that the Korean respondents Ehwa Diamond
Industrial Co., Ltd. (Ehwa) and Shinhan Diamond Industrial Co., Ltd.
and SH Trading, Inc. (collectively, Shinhan), and their respective
Chinese subsidiaries Weihai Xiangguang Mechanical Industrial Co., Ltd.,
and Qingdao Shinhan Diamond Industrial Co., Ltd., sold diamond
sawblades into the United States bearing false country of origin
designations.
On April 29, 2012, Hyosung Diamond Industrial Co., Ltd., Western
Diamond Tools Inc., and Hyosung D&P Co., Ltd. (collectively,
``Hyosung'') formally withdrew its participation in the administrative
review.
We extended the due date for the final results of review to June 4,
2012.\2\ On June 4, 2012, the Department deferred
[[Page 11819]]
the final results of this administrative review to address Petitioner's
fraud allegations.\3\
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\2\ See Diamond Sawblades and Parts Thereof From the Republic of
Korea and the People's Republic of China: Extension of Time Limits
for the Final Results of the Antidumping Duty Administrative
Reviews, 77 FR 20788 (April 6, 2012).
\3\ See Memorandum to Paul Piquado, Assistant Secretary for
Import Administration, entitled ``Diamond Sawblades and Parts
Thereof from the Republic of Korea and the People's Republic of
China: Deferral of the Final Results of the First Antidumping Duty
Administrative Reviews'' dated June 4, 2012.
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On January 8, 2013, we issued a post-preliminary memorandum finding
that the information submitted by Ehwa and Shinhan is reliable for the
final results of the review.\4\ We have conducted this administrative
review in accordance with section 751 of the Tariff Act of 1930, as
amended (the Act).
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\4\ See Memorandum to Paul Piquado, Assistant Secretary for
Import Administration, entitled ``2009/2010 Review of the
Antidumping Duty Orders on Diamond Sawblades and Parts Thereof from
the Republic of Korea and the People's Republic of China: Post-
Preliminary Analysis'' dated January 8, 2013. See also Memorandum
from Gary Taverman, Senior Advisor for Antidumping and
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary
for Import Administration, entitled ``Issues and Decision Memorandum
for the Final Results in the First Antidumping Duty Order
Administrative Review of Diamond Sawblades and Parts Thereof from
the Republic of Korea,'' dated February 8, 2013 (Final Decision
Memorandum), which is hereby adopted by this notice, at Comment.
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Fraud Allegations
We continue to find the information Ehwa and Shinhan submitted in
this review to be reliable for the final results of review. See Final
Decision Memorandum for more details.
Scope of the Order
The merchandise subject to the order is diamond sawblades. The
diamond sawblades subject to the order are currently classifiable under
subheadings 8202 to 8206 of the Harmonized Tariff Schedule of the
United States (HTSUS), and may also enter under 6804.21.00. The HTSUS
subheadings are provided for convenience and customs purposes. A full
description of the scope of the order is contained in the Final
Decision Memorandum. The written description is dispositive.
Analysis of Comments Received
All issues raised in the case briefs are addressed in the Final
Decision Memorandum. A list of the issues raised is attached to this
notice as Appendix I. The Final 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). Access to IA ACCESS is available to registered
users at http://iaaccess.trade.gov and is available to all parties in
the Central Records Unit, room 7046 of the main Department of Commerce
building. In addition, a complete version of the Final Decision
Memorandum can be accessed directly on the Internet at http://www.trade.gov/ia/. The signed Final Decision Memorandum and the
electronic versions of the Final Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we changed our
calculation methodology for Ehwa's and Shinhan's dumping margins. We
modified the model-match methodology to ensure only products with the
same physical form matched. For Ehwa, we corrected a currency
conversion for an expense reported by the company, we recalculated the
costs of certain control numbers, and we added sales to Ehwa's U.S.
sales database. For Shinhan, we removed certain Chinese-origin sales in
the home market database and applied a revised cost of production
database.\5\
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\5\ See Final Decision Memorandum, and Department Memoranda,
``Final Results Calculation for Ehwa Diamond Industrial Co., Ltd.,''
and ``Final Results Calculation for Shinhan Diamond Industrial Co.,
Ltd.,'' dated February 8, 2013, for changes specific to the dumping
margin calculations.
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Use of Adverse Facts Available
Consistent with the Preliminary Results, we determine that
Hyosung's failure to provide requested information necessary to
calculate accurate dumping margins warrants the use of facts otherwise
available with an adverse inference. Consequent to the changes from the
Preliminary Results, as detailed above, the final margin for Hyosung is
120.90 percent.\6\
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\6\ For further discussion, see Department Memorandum, ``Final
Adverse Facts Available Rate for Hyosung,'' dated February 8, 2013.
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Cost of Production
As discussed in the Preliminary Results, we conducted an
investigation to determine whether Ehwa and Shinhan made home market
sales of the foreign like product during the POR at prices below their
costs of production within the meaning of section 773(b) of the Act.
For these final results, we performed the cost test following the same
methodology as discussed in the Preliminary Results. In accordance with
sections 773(b)(1) and (2) of the Act, we disregarded certain of Ehwa's
and Shinhan's sales in the home market that were made at below-cost
prices.
Final Results of the Review
As a result of the administrative review, we determine that the
following weighted-average dumping margins exist for the period January
23, 2009, through October 31, 2010:
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Margin
Exporter/manufacturer (percent)
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Ehwa Diamond Industrial Co., Ltd............................. 11.90
Hyosung Diamond Industrial Co., Ltd, Western Diamond Tools 120.90
Inc., and Hyosung D&P Co., Ltd..............................
Shinhan Diamond Industrial Co., Ltd. and SH Trading, Inc..... 3.76
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Assessment Rates
The Department shall determine, and U.S. Customs and Border
Protection (CBP) will assess, antidumping duties on all appropriate
entries in accordance with 19 CFR 351.212(b)(1). On October 24, 2011,
the U.S. Court of International Trade preliminarily enjoined
liquidation of entries that are subject to the final determination.\7\
Accordingly, the Department will not instruct CBP to assess antidumping
duties pending resolution of the associated litigation.
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\7\ See Notice of Final Determination of Sales at Less Than Fair
Value and Final Determination of Critical Circumstances: Diamond
Sawblades and Parts Thereof from the Republic of Korea, 71 FR 29310
(May 22, 2006).
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Pursuant to 19 CFR 351.212(b)(1), for all sales made by the
respondents for which they have reported the importer of record and the
entered value of the U.S. sales, we have calculated importer-specific
assessment rates based on the ratio of the total amount of antidumping
duties calculated for the examined sales to the total entered value of
those sales. Where the respondent did not report the entered value for
U.S. sales to an importer, we have calculated importer-specific
assessment rates for the merchandise in question by aggregating the
dumping margins calculated for all U.S. sales to each importer and
dividing this amount by the total quantity of those sales.
[[Page 11820]]
To determine whether the duty assessment rates were de minimis, in
accordance with the requirement set forth in 19 CFR 351.106(c)(2), the
Department calculated importer-specific ad valorem ratios based on the
entered value or the estimated entered value, when entered value was
not reported. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping duties any entries for which
the assessment rate is de minimis (i.e., less than 0.50 percent).
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\8\ 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.
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\8\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(``Assessment Policy Notice'').
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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).\9\ Consequently,
no cash deposits are required on imports of subject merchandise.
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\9\ 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.
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Notification to Interested Parties
This notice serves as the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
These final results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: February 8, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix--Issues in Decision Memorandum
General Issues
Comment 1: Whether to Eliminate Zeroing from the Margin Calculation
Constraints
Comment 2: Product-Matching
Comment 3: Fraud Allegations and the Reliability of Respondents'
Submissions
Ehwa-Specific Issues
Comment 4: Treatment of Indirect Selling Expenses
Comment 5: Treatment of U.S. Repacking Expenses
Shinhan-Specific Issues
Comment 6: Diamond Raw Material Consumption
Comment 7: Clerical Error in Treatment of U.S. Repacking and
Calculation of CEP Profit
[FR Doc. 2013-03865 Filed 2-19-13; 8:45 am]
BILLING CODE 3510-DS-P