[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Notices]
[Pages 46569-46570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18525]
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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; 2010-2011:
Amended Final Results
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (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
Republic of Korea (Korea) to correct certain ministerial errors.\1\ In
addition, the Department is correcting the assessment language
published in the Final Results. The period of review (POR) is November
1, 2010, through October 23, 2011.
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\1\ See Diamond Sawblades and Parts Thereof From the Republic of
Korea: Final Results of Antidumping Duty Administrative Review,
2010-2011, 78 FR 36524 (June 18, 2013) (Final Results).
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DATES: Effective Date: August 1, 2013.
FOR FURTHER INFORMATION CONTACT: 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 202-482-6478.
SUPPLEMENTARY INFORMATION:
Background
On June 13, 2013, the Department disclosed to interested parties
its calculations for the Final Results. On June 19, 2013, we received a
ministerial error allegation from Ehwa Diamond Industrial Co., Ltd.
(Ehwa).
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 Memorandum to
Paul Piquado, Assistant Secretary for Import Administration, entitled
``Issues and Decision Memorandum for the Final Results in the Second
Antidumping Duty Order Administrative Review of Diamond Sawblades and
Parts Thereof from the Republic of Korea'' dated June 10, 2013.\2\ The
written description is dispositive.
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\2\ The 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 memorandum can be
accessed directly on the Internet at http://www.trade.gov/ia/.
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Ministerial Error
Section 751(h) of the Tariff Act of 1930, as amended (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.'' We have analyzed Ehwa's ministerial error comments and
have determined, in accordance with section 751(h) of the Act and 19
CFR 351.224(e), that we, in fact, made ministerial errors in our
calculations for the Final Results: See Memorandum from Sergio
Balbontin to Susan H. Kuhbach, Antidumping Duty Administrative Review:
Diamond Sawblades and Parts Thereof from the Republic of Korea;
Ministerial Error Allegation for the Final Results,'' dated concurrent
with this notice, and hereby incorporated by reference.
In accordance with section 751(h) of the Act and 19 CFR 351.224(e),
we are amending the Final Results of the administrative review of
diamond sawblades from Korea. The revised weighted-average dumping
margins are detailed below.
Final Results of the Review
As a result of this amended administrative review, we determine
that the following weighted-average dumping margins exist for the
period November 1, 2010, through October 23, 2011:
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Margin
Exporter/Manufacturer (%)
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Ehwa Diamond Industrial Co., Ltd............................... 0.00
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. 0.00
(collectively, Shinhan).......................................
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Disclosure
We will disclose the calculations performed for these amended final
results to interested parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Assessment Rates
We are amending the assessment rate language published in the Final
Results, which contained erroneous assessment information for companies
with a weighted-average margin of zero or de minimis (i.e., 0.50
percent or more).
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.\3\
Accordingly, the Department will not instruct CBP to
[[Page 46570]]
assess antidumping duties pending resolution of the associated
litigation.
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\3\ 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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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).
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. Where either the respondent's weighted-average dumping
margin is zero or de minimis,\4\ 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.
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\4\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012).
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The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\5\ 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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\5\ 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).\6\ Consequently,
no cash deposits are required on imports of subject merchandise.
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\6\ 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: July 25, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-18525 Filed 7-31-13; 8:45 am]
BILLING CODE 3510-DS-P