[Federal Register Volume 79, Number 213 (Tuesday, November 4, 2014)]
[Notices]
[Pages 65420-65423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26099]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-1092 (Review)]
Diamond Sawblades and Parts Thereof From China; Termination of
Previously Instituted Five-Year Review and Institution of Five-Year
Review
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice that it has instituted a
review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C.
1675(c)) (the Act) to determine whether revocation of the antidumping
duty order on diamond sawblades and parts thereof from China would be
likely to lead to continuation or recurrence of material injury.
Pursuant to section 751(c)(2) of the Act, interested parties are
requested to respond to this notice by submitting the information
specified below to the Commission; \1\ to be assured of consideration,
the deadline for responses is December 4, 2014. As indicated below, in
light of prior proceedings in this matter, the Commission reserves the
right to waive its regulations concerning filing of comments on whether
to conduct an expedited review. For further information concerning the
conduct of this review and rules of general application, consult the
Commission's Rules of Practice and Procedure, part 201, subparts A
through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19
CFR part 207).
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\1\ No response to this request for information is required if a
currently valid Office of Management and Budget (OMB) number is not
displayed; the OMB number is 14-5-322, expiration date June 30,
2017. Public reporting burden for the request is estimated to
average 15 hours per response. Please send comments regarding the
accuracy of this burden estimate to the Office of Investigations,
U.S. International Trade Commission, 500 E Street SW., Washington,
DC 20436.
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DATES: Effective Date: November 4, 2014.
FOR FURTHER INFORMATION CONTACT: Michael Szustakowski (202-205-3169),
Office of Investigations, U.S. International Trade Commission, 500 E
Street SW., Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (http://www.usitc.gov). The public record for this
review may be viewed on the Commission's electronic docket (EDIS) at
http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background. On November 4, 2009, the Department of Commerce issued
an antidumping duty order on imports of diamond sawblades and parts
thereof from China (74 FR 57145, November 4, 2009). The effective date
of the order was January 23, 2009. On December 2, 2013, the Commission
instituted a five-year review on the antidumping duty order on imports
of diamond sawblades and parts thereof from China (78 FR 72116, Dec. 2,
2013). The U.S. Department of Commerce (Commerce) initiated its five-
year review of the order on the same day (78 FR 72061, Dec. 2, 2013).
On May 20, 2014, the Commission determined to conduct a full review of
the order (Explanation of Commission Determination on Adequacy in
Diamond Sawblades and Parts Thereof from China, Inv. No. 731-TA-1092
(Review)).
The Diamond Sawblades Manufacturers' Coalition (DSMC), an
association of domestic producers of diamond sawblades, subsequently
filed an action in the U.S. Court of International Trade (CIT) to
declare that the five-year reviews that Commerce initiated and the
Commission instituted were ultra vires because they began prematurely.
On September 23, 2014, the CIT issued a judgment in favor of DSMC,
directed the Commission to cease further work on the five-year review
it previously instituted, and to instead institute a review on November
4, 2014. Diamond Sawblades Mfrs. Coalition v. United States, Slip Op.
14-111 (Ct. Int'l Trade Sept. 23, 2014). Accordingly, pursuant to the
CIT order in Diamond Sawblades Manufacturers' Coalition, we are hereby
terminating the previously instituted sunset review, effective
September 23, 2014.
Pursuant to the judgment of the CIT, the Commission is instituting
this review to determine whether revocation of the antidumping duty
order on diamond sawblades and parts thereof from China would be likely
to lead to continuation or recurrence of material injury to the
domestic industry within a reasonably foreseeable time. It will assess
the adequacy of interested party responses to this notice of
institution to determine whether to conduct a full review or an
expedited review. The Commission is mindful, however, that both
domestic and respondent interested parties responded to the notice of
institution it published on December 2, 2013, and that in light of
these responses the Commission determined that conducting a full review
was appropriate.
In order to avoid duplication of effort and to streamline these
proceedings, the Commission is not requiring those interested parties
that submitted adequate responses to the December 2, 2013 institution
notice to submit full responses to this notice. Instead, each such
party may simply submit no later than December 4, 2014 a response
indicating that: (1) It incorporates the contents of its response to
the December 2, 2013 institution notice and (2) that it is willing to
participate in this review by providing information requested to the
Commission. Any such party, should it desire, may also provide
additional information of the nature specified below. Parties that did
not submit an adequate response to the
[[Page 65421]]
December 2, 2013 institution notice may also provide additional
information of the nature specified below no later than December 4,
2014.
Should those parties that submitted adequate responses to the
December 2, 2013 institution notice indicate their desire to
participate in this review, the Commission intends to issue a notice
stating that it will conduct a full review. In light of this, the
Commission reserves the right to waive the process specified in 19 CFR
207.62(b) for submitting comments to the Commission on whether to
conduct an expedited review should it be unnecessary given the unusual
circumstances of this proceeding.
Definitions. The following definitions apply to these reviews:
(1) Subject Merchandise is the class or kind of merchandise that is
within the scope of the five-year review, as defined by the Department
of Commerce.
(2) The Subject Country in this review is China.
(3) The Domestic Like Product is the domestically produced product
or products which are like, or in the absence of like, most similar in
characteristics and uses with, the Subject Merchandise. In its original
determination, the Commission defined the Domestic Like Product as
diamond sawblades and parts thereof, coextensive with Commerce's scope.
(4) The Domestic Industry is the U.S. producers as a whole of the
Domestic Like Product, or those producers whose collective output of
the Domestic Like Product constitutes a major proportion of the total
domestic production of the product. In its original determination, the
Commission determined that the Domestic Industry comprised the
assemblers in addition to all domestic producers of finished diamond
sawblades and component parts.
(5) The Order Date is the date that the antidumping duty order
under review became effective. In this review, the Order Date is
January 23, 2009.
(6) An Importer is any person or firm engaged, either directly or
through a parent company or subsidiary, in importing the Subject
Merchandise into the United States from a foreign manufacturer or
through its selling agent.
Participation in the proceeding and public service list. Persons,
including industrial users of the Subject Merchandise and, if the
merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the proceeding as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in section 201.11(b)(4) of the Commission's rules, no later
than 21 days after publication of this notice in the Federal Register.
The Secretary will maintain a public service list containing the names
and addresses of all persons, or their representatives, who are parties
to the proceeding.
Former Commission employees who are seeking to appear in Commission
five-year reviews are advised that they may appear in a review even if
they participated personally and substantially in the corresponding
underlying original investigation or an earlier review of the same
underlying investigation. The Commission's designated agency ethics
official has advised that a five-year review is not the same particular
matter as the underlying original investigation, and a five-year review
is not the same particular matter as an earlier review of the same
underlying investigation for purposes of 18 U.S.C. 207, the post
employment statute for Federal employees, and Commission rule 201.15(b)
(19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5,
2008). Consequently, former employees are not required to seek
Commission approval to appear in a review under Commission rule 19 CFR
201.15, even if the corresponding underlying original investigation or
an earlier review of the same underlying investigation was pending when
they were Commission employees. For further ethics advice on this
matter, contact Carol McCue Verratti, Deputy Agency Ethics Official, at
202-205-3088.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and APO service list. Pursuant
to section 207.7(a) of the Commission's rules, the Secretary will make
BPI submitted in this proceeding available to authorized applicants
under the APO issued in the proceeding, provided that the application
is made no later than 21 days after publication of this notice in the
Federal Register. Authorized applicants must represent interested
parties, as defined in 19 U.S.C. 1677(9), who are parties to the
proceeding. A separate service list will be maintained by the Secretary
for those parties authorized to receive BPI under the APO.
Certification. Pursuant to section 207.3 of the Commission's rules,
any person submitting information to the Commission in connection with
this proceeding must certify that the information is accurate and
complete to the best of the submitter's knowledge. In making the
certification, the submitter will be deemed to consent, unless
otherwise specified, for the Commission, its employees, and contract
personnel to use the information provided in any other reviews or
investigations of the same or comparable products which the Commission
conducts under Title VII of the Act, or in internal audits and
investigations relating to the programs and operations of the
Commission pursuant to 5 U.S.C. Appendix 3.
Written submissions. The nature of written responses to the notice
by those parties that submitted adequate responses to the December 2,
2013 notice of institution is specified above. Pursuant to section
207.61 of the Commission's rules, each interested party that did not
provide an adequate response to the December 2, 2013 notice but desires
to respond to this notice must provide the information specified below.
The deadline for filing such responses is December 4, 2014. As stated
above, the Commission reserves the right to waive the provision of
section 207.62(b) of the Commission's rules concerning whether the
Commission should conduct an expedited or full review. All written
submissions must conform with the provisions of sections 201.8 and
207.3 of the Commission's rules and any submissions that contain BPI
must also conform with the requirements of sections 201.6 and 207.7 of
the Commission's rules. Regarding electronic filing requirements under
the Commission's rules, see also the Commission's Handbook on E-filing,
available on the Commission's Web site at http://edis.usitc.gov. Also,
in accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the review must be served on
all other parties to the review (as identified by either the public or
APO service list as appropriate), and a certificate of service must
accompany the document (if you are not a party to the review you do not
need to serve your response).
Inability to provide requested information. Pursuant to section
207.61(c) of the Commission's rules, any interested party that cannot
furnish the information requested by this notice in the requested form
and manner shall notify the Commission at the earliest possible time,
provide a full explanation of why it cannot provide the requested
information, and indicate alternative forms in which it can provide
equivalent information. If an interested party does not provide this
notification (or the Commission finds the explanation provided in the
notification inadequate) and fails to provide a complete response to
this notice, the Commission may take an adverse
[[Page 65422]]
inference against the party pursuant to section 776(b) of the Act (19
U.S.C. 1677e(b)) in making its determinations in the reviews.
Information To Be Provided in Response to this Notice of
Institution: As used below, the term ``firm'' includes any related
firms.
(1) The name and address of your firm or entity (including World
Wide Web address) and name, telephone number, fax number, and Email
address of the certifying official.
(2) A statement indicating whether your firm/entity is a U.S.
producer of the Domestic Like Product, a U.S. union or worker group, a
U.S. importer of the Subject Merchandise, a foreign producer or
exporter of the Subject Merchandise, a U.S. or foreign trade or
business association, or another interested party (including an
explanation). If you are a union/worker group or trade/business
association, identify the firms in which your workers are employed or
which are members of your association.
(3) A statement indicating whether your firm/entity is willing to
participate in this proceeding by providing information requested by
the Commission.
(4) A statement of the likely effects of the revocation of the
antidumping and countervailing duty orders on the Domestic Industry in
general and/or your firm/entity specifically. In your response, please
discuss the various factors specified in section 752(a) of the Act (19
U.S.C. 1675a(a)) including the likely volume of subject imports, likely
price effects of subject imports, and likely impact of imports of
Subject Merchandise on the Domestic Industry.
(5) A list of all known and currently operating U.S. producers of
the Domestic Like Product. Identify any known related parties and the
nature of the relationship as defined in section 771(4)(B) of the Act
(19 U.S.C. 1677(4)(B)).
(6) A list of all known and currently operating U.S. importers of
the Subject Merchandise and producers of the Subject Merchandise in the
Subject Country that currently export or have exported Subject
Merchandise to the United States or other countries since the Order
Date.
(7) A list of 3-5 leading purchasers in the U.S. market for the
Domestic Like Product and the Subject Merchandise (including street
address, World Wide Web address, and the name, telephone number, fax
number, and Email address of a responsible official at each firm).
(8) A list of known sources of information on national or regional
prices for the Domestic Like Product or the Subject Merchandise in the
U.S. or other markets.
(9) If you are a U.S. producer of the Domestic Like Product,
provide the following information on your firm's operations on that
product during calendar year 2012, except as noted (report quantity
data in units and value data in U.S. dollars, f.o.b. plant). If you are
a union/worker group or trade/business association, provide the
information, on an aggregate basis, for the firms in which your workers
are employed/which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total U.S. production of the Domestic Like Product
accounted for by your firm's(s') production;
(b) Capacity (quantity) of your firm to produce the Domestic Like
Product (i.e., the level of production that your establishment(s) could
reasonably have expected to attain during the year, assuming normal
operating conditions (using equipment and machinery in place and ready
to operate), normal operating levels (hours per week/weeks per year),
time for downtime, maintenance, repair, and cleanup, and a typical or
representative product mix);
(c) the quantity and value of U.S. commercial shipments of the
Domestic Like Product produced in your U.S. plant(s);
(d) the quantity and value of U.S. internal consumption/company
transfers of the Domestic Like Product produced in your U.S. plant(s);
and
(e) the value of (i) net sales, (ii) cost of goods sold (COGS),
(iii) gross profit, (iv) selling, general and administrative (SG&A)
expenses, and (v) operating income of the Domestic Like Product
produced in your U.S. plant(s) (include both U.S. and export commercial
sales, internal consumption, and company transfers) for your most
recently completed fiscal year (identify the date on which your fiscal
year ends).
(10) If you are a U.S. importer or a trade/business association of
U.S. importers of the Subject Merchandise from the Subject Country,
provide the following information on your firm's(s') operations on that
product during calendar year 2012 (report quantity data in units and
value data in U.S. dollars). If you are a trade/business association,
provide the information, on an aggregate basis, for the firms which are
members of your association.
(a) The quantity and value (landed, duty-paid but not including
antidumping or countervailing duties) of U.S. imports and, if known, an
estimate of the percentage of total U.S. imports of Subject Merchandise
from the Subject Country accounted for by your firm's(s') imports;
(b) the quantity and value (f.o.b. U.S. port, including antidumping
and/or countervailing duties) of U.S. commercial shipments of Subject
Merchandise imported from the Subject Country; and
(c) the quantity and value (f.o.b. U.S. port, including antidumping
and/or countervailing duties) of U.S. internal consumption/company
transfers of Subject Merchandise imported from the Subject Country.
(11) If you are a producer, an exporter, or a trade/business
association of producers or exporters of the Subject Merchandise in the
Subject Country, provide the following information on your firm's(s')
operations on that product during calendar year 2012 (report quantity
data in units and value data in U.S. dollars, landed and duty-paid at
the U.S. port but not including antidumping or countervailing duties).
If you are a trade/business association, provide the information, on an
aggregate basis, for the firms which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total production of Subject Merchandise in the Subject
Country accounted for by your firm's(s') production;
(b) Capacity (quantity) of your firm(s) to produce the Subject
Merchandise in the Subject Country (i.e., the level of production that
your establishment(s) could reasonably have expected to attain during
the year, assuming normal operating conditions (using equipment and
machinery in place and ready to operate), normal operating levels
(hours per week/weeks per year), time for downtime, maintenance,
repair, and cleanup, and a typical or representative product mix); and
(c) the quantity and value of your firm's(s') exports to the United
States of Subject Merchandise and, if known, an estimate of the
percentage of total exports to the United States of Subject Merchandise
from the Subject Country accounted for by your firm's(s') exports.
(12) Identify significant changes, if any, in the supply and demand
conditions or business cycle for the Domestic Like Product that have
occurred in the United States or in the market for the Subject
Merchandise in the Subject Country since the Order Date, and
significant changes, if any, that are likely to occur within a
reasonably foreseeable time. Supply conditions to consider include
technology; production methods; development efforts; ability to
increase production (including the shift of production facilities used
for other
[[Page 65423]]
products and the use, cost, or availability of major inputs into
production); and factors related to the ability to shift supply among
different national markets (including barriers to importation in
foreign markets or changes in market demand abroad). Demand conditions
to consider include end uses and applications; the existence and
availability of substitute products; and the level of competition among
the Domestic Like Product produced in the United States, Subject
Merchandise produced in the Subject Country, and such merchandise from
other countries.
(13) (Optional) A statement of whether you agree with the above
definitions of the Domestic Like Product and Domestic Industry; if you
disagree with either or both of these definitions, please explain why
and provide alternative definitions.
Authority: This proceeding is being conducted under authority of
Title VII of the Tariff Act of 1930; this notice is published
pursuant to section 207.61 of the Commission's rules.
Issued: October 29, 2014.
By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-26099 Filed 11-3-14; 8:45 am]
BILLING CODE 7020-02-P