[Federal Register Volume 79, Number 121 (Tuesday, June 24, 2014)]
[Notices]
[Pages 35723-35725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14717]
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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: Final Results of Antidumping Duty Administrative Review; 2011-
2012
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 20, 2013, 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 People's Republic of China (the
PRC). The period of review (POR) is November 1, 2011, through October
31, 2012. For the final results, we continue to find that certain
companies covered by this review made sales of subject merchandise at
less than normal value.
DATES: Effective Date: June 24, 2014.
FOR FURTHER INFORMATION CONTACT: Michael Romani or Yang Jin Chun, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0198 or (202) 482-5760, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 20, 2013, the Department published the preliminary
results of the administrative review of the antidumping duty order on
diamond sawblades from the PRC.\1\ We received case and rebuttal briefs
with respect to the Preliminary Results and, at the request of an
interested party, held a hearing on April 23, 2014. We extended the due
date for the final results of review to June 18, 2014.\2\ We conducted
this administrative review in accordance with section 751 of the Tariff
Act of 1930, as amended (the Act).
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\1\ See Diamond Sawblades and Parts Thereof From the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review; 2011-2012, 78 FR 77098 (December 20, 2013)
(Preliminary Results), and the accompanying Preliminary Decision
Memorandum.
\2\ See the memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
entitled ``Diamond Sawblades and Parts Thereof From the People's
Republic of China: Extension of Deadline for Final Results of
Antidumping Duty Administrative Reviews'' dated April 1, 2014.
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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.\3\ The written description is dispositive.
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\3\ See the memorandum from Deputy Assistant Secretary Christian
Marsh to Acting Assistant Secretary Ronald K. Lorentzen entitled
``Issues and Decision Memorandum for the Administrative Review of
the Antidumping Duty Order on Diamond Sawblades and Parts Thereof
From the People's Republic of China covering the Period November 1,
2011, through October 31, 2012'' dated June 18, 2014 (Final Decision
Memorandum), which is hereby adopted by this notice, at 3-4.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Final Decision
Memorandum. A list of the issues raised is attached to this notice as
an appendix. The Final Decision Memorandum is a public document and is
on file electronically via Enforcement and Compliance'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. The Final Decision Memorandum is also 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 Enforcement
and Compliance Web site at http://enforcement.trade.gov/frn/index.html.
The signed and electronic versions of the Final Decision Memorandum are
identical in content.
Final Determination of No Shipments
We continue to find that Qingdao Shinhan Diamond Industrial Co.,
Ltd., and Saint-Gobain Abrasives (Shanghai) Co., which received
separate rates in previous segments of the proceeding and are subject
to this review, did not have any exports of subject merchandise during
the POR.\4\ Consistent with our ``automatic assessment'' clarification,
we will issue appropriate instructions to CBP based on our final
results.\5\
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\4\ See Preliminary Results and the accompanying Preliminary
Decision Memorandum at 3.
\5\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 4, 2011) (Assessment
Practice Refinement); see also the ``Assessment'' section of this
notice, below.
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Changes Since the Preliminary Results
Based on our analysis of comments received, we made revisions that
have changed the results for certain companies, including the valuation
of certain factors of production. Additionally, we made calculation
programming changes for the final results. For further details on the
changes we made for these final results, see the company-specific
analysis memoranda, the Final Decision Memorandum, and the final
surrogate value memorandum dated concurrently with this notice.
Final Results of the Review
As a result of this administrative review, we determine that the
following weighted-average dumping margins exist for the period
November 1, 2011, through October 31, 2012:
[[Page 35724]]
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Margin
Company \6\ (percent)
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Bosun Tools Co., Ltd....................................... 4.65
Chengdu Huifeng Diamond Tools Co., Ltd..................... 4.83
Danyang Huachang Diamond Tools Manufacturing Co., Ltd...... 4.83
Danyang NYCL Tools Manufacturing Co., Ltd.................. 4.83
Danyang Weiwang Tools Manufacturing Co., Ltd............... 4.83
Guilin Tebon Superhard Material Co., Ltd................... 4.83
Hangzhou Deer King Industrial and Trading Co., Ltd......... 4.83
Husqvarna (Hebei) Co., Ltd................................. 4.83
Huzhou Gu's Import & Export Co., Ltd....................... 4.83
Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd.......... 4.83
Jiangsu Inter-China Group Corporation...................... 4.83
Jiangsu Youhe Tool Manufacturer Co., Ltd................... 4.83
Qingyuan Shangtai Diamond Tools Co., Ltd................... 4.83
Quanzhou Zhongzhi Diamond Tool Co. Ltd..................... 4.83
Rizhao Hein Saw Co., Ltd................................... 4.83
Shanghai Jingquan Ind. Trade Co., Ltd...................... 4.83
Shanghai Robtol Tool Manufacturing Co., Ltd................ 4.83
Weihai Xiangguang Mechanical Industrial Co., Ltd........... 5.06
Wuhan Wanbang Laser Diamond Tools Co....................... 4.83
Xiamen ZL Diamond Technology Co., Ltd...................... 4.83
Zhejiang Wanli Tools Group Co., Ltd........................ 4.83
PRC-Wide Entity \7\........................................ 164.09
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\6\ During this segment of the proceeding, we identified certain
name variations for several companies. See Preliminary Results, 78
FR at 77099-100, and the accompanying Preliminary Decision
Memorandum at 3, 5-6.
\7\ 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 review was March 1, 2013. On February 22,
2013, Husqvarna requested an extension to file its SRA. On February
28, 2013, we granted Husqvarna's request and extended the due date
to March 8, 2013. Husqvarna submitted its SRA on March 5, 2013.
Therefore, as of March 2, 2013, the remaining companies under review
that did not demonstrate eligibility for a separate rate without
filing a request for an extension of due date for a separate rate
application or certification were part of the PRC-wide entity. Also,
we are denying ATM Single Entity a separate rate status. See Final
Decision Memorandum at Comment 1. See also Preliminary Results, 78
FR at 77099 for the names of companies comprising ATM Single Entity.
Accordingly, the PRC-wide entity includes the following companies:
ATM Single Entity, Central Iron and Steel Research Institute Group,
CISRI, Danyang Aurui Hardware Products Co., Ltd., Danyang City Ou Di
Ma Tools Co., Ltd., Danyang Dida Diamond Tools Manufacturing Co.,
Ltd., Danyang Tsunda Diamond Tools Co., Ltd., Electrolux
Construction Products (Xiamen) Co. Ltd., Fujian Quanzhou, Hebei
Jikai Industrial Group Co., Ltd., Huachang Diamond Tools
Manufacturing Co., Ltd., Hua Da Superabrasive Tools Technology 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., Quanzhou Zongzhi
Diamond Tool Co. Ltd., Shanghai Deda Industry & Trading Co., Ltd.,
Shijiazhuang Global New Century Tools Co., Ltd., Sichuan Huili Tools
Co., Task Tools & Abrasives, Wanli Tools Group, Wuxi Lianhua
Superhard Material Tools Co., Ltd., Zhejiang Tea Import & Export
Co., Ltd., Zhejiang Wanda Import and Export Co., Zhejiang Wanda
Tools Group Corp., and Zhejiang Wanli Super-hard Materials Co., Ltd.
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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
covered by this review. For customers or importers of Weihai Xiangguang
Mechanical Industrial Co., Ltd. (Weihai) for which we do not have
entered value, we calculated customer-/importer-specific antidumping
duty assessment amounts based on the ratio of the total amount of
dumping duties calculated for the examined sales of subject merchandise
to the total sales quantity of those same sales.\8\ For customers or
importers of Bosun Tools Co., Ltd., and Weihai for which we received
entered-value information, we have calculated customer/importer-
specific antidumping duty assessment rates based on customer-/importer-
specific ad valorem rates in accordance with 19 CFR 351.212(b)(1).
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\8\ See 19 CFR 351.212(b)(1).
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For all non-selected respondents that received a separate rate, we
will instruct CBP to apply an antidumping duty assessment rate of 4.83
percent \9\ to all entries of subject merchandise that entered the
United States during the POR. For all other companies, we will instruct
CBP to apply an antidumping duty assessment rate of the PRC-wide
entity, 164.09 percent,\10\ to all entries of subject merchandise
exported by these companies.
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\9\ See Final Decision Memorandum at 4-5.
\10\ See Diamond Sawblades and Parts Thereof From the People's
Republic of China and the Republic of Korea: Antidumping Duty
Orders, 74 FR 57145, 57147 (November 4, 2009).
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The Department announced a refinement to its assessment practice in
NME cases.\11\ 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, for companies where the Department determined that the
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.
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\11\ For a full discussion of this practice, see Assessment
Practice Refinement.
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We intend to issue assessment instructions to CBP 15 days after the
date of publication of the final results of review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of review for all 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
companies listed above that have separate rates, the cash deposit rate
will be the rate established in these final results of review for each
exporter as listed above; (2) for previously investigated or reviewed
PRC and non-PRC exporters not listed above
[[Page 35725]]
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; \12\ (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.
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\12\ We note that, pursuant to a section 129 determination, the
Department announced it would instruct CBP ``to discontinue the
collection of cash deposits for estimated antidumping duties for
AT&M.'' See Certain Frozen Warmwater Shrimp From the People's
Republic of China and Diamond Sawblades and Parts Thereof From the
People's Republic of China: Notice of Implementation of
Determinations Under Section 129 of the Uruguay Round Agreements Act
and Partial Revocation of the Antidumping Duty Orders, 78 FR 18958
(March 28, 2013). However, because of an injunction issued by the
U.S. Court of International Trade in CIT Ct. No. 09-00511, the
Department also explained that ``future entries of such merchandise
are subject to suspension of liquidation at the cash deposit rate of
zero. Subsequent action will be consistent with the final court
decision.'' Id. at 18960, n.20. Thus, while the Department continues
to be enjoined from ordering the lifting of suspension of
liquidation regarding incoming entries, future entries of such
merchandise will continue to be subject to suspension of liquidation
at the cash deposit rate of zero and we will instruct CBP
accordingly.
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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 the only 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 final results of review are issued and published in
accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: June 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
I. Summary
II. Background
III. Company Abbreviations
IV. Other Abbreviations
V. Diamond Sawblades Administrative Determinations and Results
VI. Scope of the Order
VII. Surrogate Country
VIII. Separate Rates
IX. Discussion of the Issues
1. Separate Rate
--ATM Single Entity--Separate Rate Status
--ATM Single Entity--Cash Deposit Rate
--ATM Single Entity--Whether AFA Is Appropriate
--ATM Single Entity--Presumption of Government Control
2. Danyang Tsunda--Late Separate Rate Application
3. Value-Added Tax
4. Aggregation of A-A and A-T Comparison Results
5. Denial of Offsets for Non-Dumped Sales When Using the A-T
Method
6. Surrogate Values
--Adverse Inference Request for Valuation of Certain Inputs
--Antirust Oil
--Argon, Nitrogen, and Oxygen
--Cores
--Diamond Powder
--Financial Statements
--Steel Types 1, 2, and 3
--Tin Powder
--Truck Freight
7. Weihai Collapsing Analysis
8. Request To Apply Adverse Facts Available to Bosun
X. Recommendation
[FR Doc. 2014-14717 Filed 6-23-14; 8:45 am]
BILLING CODE 3510-DS-P