[Federal Register Volume 78, Number 138 (Thursday, July 18, 2013)]
[Notices]
[Pages 42930-42932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17259]
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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: Amended Final 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 amending the
final results of the administrative review of the antidumping duty
order on diamond sawblades and parts thereof (diamond sawblades) from
the People's Republic of China (the PRC) to correct a
[[Page 42931]]
ministerial error.\1\ The period of review (POR) is November 1, 2010,
through October 31, 2011.
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\1\ See Diamond Sawblades and Parts Thereof From the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; 2010-2011, 78 FR 36166 (June 17, 2013) (Final Results).
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DATES: Effective Date: June 17, 2013.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun, 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.
SUPPLEMENTARY INFORMATION:
Background
On June 11, 2013, and June 13, 2013, the Department disclosed to
interested parties its calculations for the Final Results. On June 17,
2013, Weihai Xiangguang Mechanical Industrial Co., Ltd. (Weihai) filed
a ministerial error allegation. On June 24, 2013, the petitioner,
Diamond Sawblades Manufacturers Coalition, filed comments in response
to Weihai's ministerial error allegation.
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 decision
memorandum dated concurrently with, and hereby adopted by, this amended
final.\2\ The written description is dispositive.
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\2\ See Memorandum entitled, ``Decision Memorandum for Amended
Final Results of the Antidumping Duty Administrative Review: Diamond
Sawblades and Parts Thereof from the People's Republic of China
covering the Period November 1, 2010, through October 31, 2011,''
(Decision Memorandum for Amended Final).
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Ministerial Error
Section 751(h) of the Tariff Act of 1930, as amended (the Act), and
19 CFR 351.224(f) define a ``ministerial error'' as an error ``in
addition, subtraction, or other arithmetic function, clerical error
resulting from inaccurate copying, duplication, or the like, and any
similar type of unintentional error which the Secretary considers
ministerial.'' After analyzing Weihai's ministerial error allegation,
we have determined, in accordance with section 751(h) of the Act and 19
CFR 351.224(e), that we made a ministerial error in our calculations,
having unintentionally incorporated certain factor-of-production
variables from a subsequently-revised database into the Final Results
for Weihei.
In accordance with section 751(h) of the Act and 19 CFR 351.224(e),
we are amending the Final Results of this administrative review of the
antidumping duty order on diamond sawblades from the PRC. The revised
weighted-average dumping margins are listed below. For a detailed
discussion, see Decision Memorandum for Amended Final.
Rate for Non-Selected Separate-Rate Recipients
As a result of the correction of the ministerial error, both
respondents selected for individual examination have a dumping margin
of zero percent.\3\ Consistent with section 735(c)(5)(B) of the Act,
and because all prior rates for this proceeding were calculated using a
methodology the Department abandoned in its Final Modification for
Reviews pursuant to section 123 of the Uruguay Round Agreements Act,\4\
the Department's prior decisions in administrative reviews involving
similar circumstances,\5\ we find that a reasonable method for
determining the weighted-average dumping margins for the non-selected
respondents in the amended final results of this administrative review
is to average the weighted-average dumping margins calculated for the
selected respondents. Consequently, the rate established for the non-
selected separate rate respondents is 0.00 percent. For a detailed
discussion, see Decision Memorandum for Amended Final.
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\3\ See Final Results, 78 FR at 36167, and the Amended Final
Results of the Review section below.
\4\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification for Reviews).
\5\ See, e.g., Ball Bearings and Parts Thereof From France,
Germany, and Italy: Preliminary Results of Antidumping Duty
Administrative Reviews and Rescission of Antidumping Duty
Administrative Reviews in Part, 77 FR 33159 (June 5, 2012),
unchanged in Ball Bearings and Parts Thereof From France, Germany,
and Italy: Final Results of Antidumping Duty Administrative Reviews;
2010-2011, 77 FR 73415 (December 10, 2012).
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Amended Final Results of the Review
The amended weighted-average dumping margins for the administrative
review are as follows:
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Company \6\ Margin (percent)
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Bosun Tools Co., Ltd...........................
Chengdu Huifeng Diamond Tools Co., Ltd......... 0.00
Danyang Huachang Diamond Tools Manufacturing 0.00
Co., Ltd......................................
Danyang NYCL Tools Manufacturing Co., Ltd...... 0.00
Danyang Weiwang Tools Manufacturing Co., Ltd... 0.00
Guilin Tebon Superhard Material Co., Ltd....... 0.00
Hangzhou Deer King Industrial & Trading Co., 0.00
Ltd...........................................
Hebei Husqvarna-Jikai Diamond Tools Co., Ltd... 0.00
Huzhou Gu's Import & Export Co., Ltd........... 0.00
Jiangsu Fengtai Diamond Tool Manufacture Co., 0.00
Ltd...........................................
Jiangsu Inter-China Group Corporation.......... 0.00
Jiangsu Youhe Tool Manufacturer Co., Ltd....... 0.00
Quanzhou Zhongzhi Diamond Tool Co. Ltd......... 0.00
Rizhao Hein Saw Co., Ltd....................... 0.00
Saint-Gobain Abrasives (Shanghai) Co., Ltd..... 0.00
Shanghai Robtol Tool Manufacturing Co., Ltd.... 0.00
Weihai Xiangguang Mechanical Industrial Co., 0.00
Ltd \7\.......................................
Wuhan Wanbang Laser Diamond Tools Co........... 0.00
Xiamen ZL Diamond Technology Co., Ltd.......... 0.00
Zhejiang Wanli Tools Group Co., Ltd............ 0.00
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[[Page 42932]]
Disclosure
We will disclose the calculation memorandum used in our analysis to
parties to this proceeding within five days of the date of the
publication of this notice pursuant to 19 CFR 351.224(b).
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\6\ During this segment of the proceeding, we identified certain
name variations for several companies. See Diamond Sawblades and
Parts Thereof From the People's Republic of China: Preliminary
Results of Antidumping Duty Administrative Review: 2010-11, 77 FR
73417, 73418-49, and accompanying Preliminary Decision Memorandum at
14, unchanged in Final Results.
\7\ Weihai exported some of the subject merchandise to the
United States through its Korean parent company, Ehwa Diamond
Industrial Co., Ltd. See, e.g., Weihai's March 23, 2012, section A
response at 1-2.
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Assessment
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department shall determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries in
accordance with the amended final results of this review. In accordance
with the Final Modification for Reviews,\8\ we will instruct CBP to
liquidate entries by the firms listed above without regard to
antidumping duties.
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\8\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification for Reviews).
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On October 24, 2011, the Department announced a refinement to its
assessment practice in NME cases.\9\ Pursuant to this refinement in
practice, for entries that were not reported in the U.S. sales
databases submitted by Weihai, the Department will instruct CBP to
liquidate such entries at the PRC-wide rate.
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\9\ 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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We intend to issue assessment instructions to CBP 15 days after the
date of publication of the amended final results of review.
Cash Deposit Requirements
The following cash deposit requirements will be effective
retroactively on any entries made on or after June 17, 2013, the date
of publication of the Final Results, for all shipments of the subject
merchandise entered, or withdrawn from warehouse, for consumption as
provided by section 751(a)(2)(C) of the Act: (1) For subject
merchandise exported by the companies listed above that have separate
rates, the cash deposit rate will be the rate established in this
amended final results of review for each exporter as listed above; (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 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; (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 shall remain in effect until further notice.
Notification
This notice serves as a final 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 the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
These amended final results of review are issued and published in
accordance with sections 751(h) and 777(i)(1) of the Act.
Dated: July 11, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-17259 Filed 7-17-13; 8:45 am]
BILLING CODE 3510-DS-P