[Federal Register Volume 79, Number 233 (Thursday, December 4, 2014)]
[Notices]
[Pages 71980-71982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28531]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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Federal Register / Vol. 79, No. 233 / Thursday, December 4, 2014 /
Notices
[[Page 71980]]
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-900]
Diamond Sawblades and Parts Thereof From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review;
2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
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,
2012, through October 31, 2013. The Department has preliminarily
determined that certain companies covered by this review made sales of
subject merchandise at less than normal value. Interested parties are
invited to comment on these preliminary results.
DATES: Effective Date: December 4, 2014.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Michael Romani, 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-
5760 and (202) 482-0198, respectively.
Scope of the Order
The merchandise subject to the order is diamond sawblades and parts
thereof. 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. While the HTSUS subheadings are provided for convenience
and customs purposes, the written description is dispositive. A full
description of the scope of the order is contained in the Preliminary
Decision Memorandum.\1\
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\1\ See the Memorandum from Deputy Assistant Secretary Christian
Marsh to Acting Assistant Secretary Ronald K. Lorentzen entitled
``Decision Memorandum for Preliminary Results of 2012-2013
Antidumping Duty Administrative Review: Diamond Sawblades and Parts
Thereof from the People's Republic of China'' dated concurrently
with and hereby adopted by this notice (Preliminary Decision
Memorandum).
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Rescission of Review in Part
We are rescinding the review in part with respect to Husqvarna
(Hebei) Co., Ltd., and Hebei Husqvarna-Jikai Diamond Tools Co., Ltd.\2\
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\2\ See Preliminary Decision Memorandum at 4-5 for more details
on this rescission in part.
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Preliminary Determination of No Shipments
Qingdao Shinhan Diamond Industrial Co., Ltd., which received a
separate rate in previous segments of the proceeding and is subject to
this review, reported that it did not have any exports of subject
merchandise during the POR.\3\ U.S. Customs and Border Protection (CBP)
data for the POR corroborated this company's no-shipment claim.\4\
Additionally, we requested that CBP report any contrary information.\5\
To date, CBP has not responded to our inquiry with any contrary
information and we have not received any evidence that this company had
any shipments of the subject merchandise sold to the United States
during the POR.\6\ Consistent with the Department's refinement to its
assessment practice in non-market economy (NME) cases regarding no
shipment claims, we are completing the review with respect to this
company and will issue appropriate instructions to CBP based on the
final results of the review.\7\
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\3\ See Qingdao Shinhan Diamond Industrial Co., Ltd.'s no
shipment letter dated Febuary 28, 2014.
\4\ See the CBP data attached to the letter to all interested
parties dated January 24, 2014.
\5\ See CBP message number 4261305 dated September 18, 2014.
\6\ CBP only responds to the Department's inquiry when there are
records of shipments from the company in question. See, e.g.,
Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Flat Products
From Brazil: Notice of Rescission of Antidumping Duty Administrative
Review, 75 FR 65453, 65454 (October 25, 2010).
\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), and the
``Assessment Rates'' section below.
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Methodology
The Department has conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Export
price and constructed export price have been calculated in accordance
with section 772 of the Act. Because the PRC is a NME within the
meaning of section 771(18) of the Act, normal value has been calculated
in accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at http://access.trade.gov and to all parties in the
Central Records Unit, room 7046 of the main Department of Commerce
building.\8\ In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html.
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\8\ ACCESS is the new acronym for Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (IA ACCESS). We changed the Web site location from http://iaaccess.trade.gov to http://access.trade.gov. See 19 CFR 351.303,
as amended in Enforcement and Compliance; Change of Electronic
Filing System Name, 79 FR 69046 (November 20, 2014).
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Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist:
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Margin
Exporter (percent)
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Bosun Tools Co., Ltd........................................ 11.21
Chengdu Huifeng Diamond Tools Co., Ltd...................... 7.87
Danyang City Ou Di Ma Tools Co., Ltd........................ 7.87
Danyang NYCL Tools Manufacturing Co., Ltd................... 7.87
Danyang Tsunda Diamond Tools Co., Ltd....................... 7.87
Danyang Weiwang Tools Manufacturing Co., Ltd................ 7.87
Guilin Tebon Superhard Material Co., Ltd.................... 7.87
Hangzhou Deer King Industrial and Trading Co., Ltd.......... 7.87
Hangzhou Kingburg Import & Export Co., Ltd.................. 7.87
[[Page 71981]]
Huzhou Gu's Import & Export Co., Ltd \9\.................... 7.87
Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd........... 7.87
Jiangsu Inter-China Group Corporation....................... 7.87
Jiangsu Youhe Tool Manufacturer Co., Ltd.................... 7.87
Pujiang Talent Diamond Tools Co., Ltd....................... 7.87
Qingdao Hyosung Diamond Tools Co., Ltd...................... 7.87
Qingyuan Shangtai Diamond Tools Co., Ltd.................... 7.87
Quanzhou Zhongzhi Diamond Tool Co. Ltd...................... 7.87
Rizhao Hein Saw Co., Ltd.................................... 7.87
Saint-Gobain Abrasives (Shanghai) Co., Ltd.................. 7.87
Shanghai Jingquan Ind. Trade Co., Ltd....................... 7.87
Weihai Xiangguang Mechanical Industrial Co., Ltd............ 3.79
Xiamen ZL Diamond Technology Co., Ltd \10\.................. 7.87
Zhejiang Wanli Tools Group Co., Ltd......................... 7.87
PRC-Wide Entity \11\........................................ 164.09
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Disclosure and Public Comment
The Department will disclose calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of these
preliminary results of review.\12\ Parties who submit case briefs or
rebuttal briefs in this proceeding are encouraged to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\13\ Rebuttal briefs, limited
to issues raised in the case briefs, may be filed no later than five
days after the cases briefs are filed.
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\9\ Huzhou Gu's Import & Export Co., Ltd., uses the name Huzhou
Gu's Imp. & Exp. Co., Ltd., interchangeably. 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, 77100 n.14 (December 20, 2013) (3rd Review Prelim), unchanged
in Diamond Sawblades and Parts Thereof From the People's Republic of
China: Final Results of Antidumping Duty Administrative Review;
2011-2012, 79 FR 35723 (June 24, 2014) (3rd Review Final).
\10\ Xiamen ZL Diamond Technology Co., Ltd., stated in its
separate rate application that its name before the POR was Xiamen ZL
Diamond Tools Co., Ltd., for which we initiated this review in
Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Request for Revocation in Part, 78 FR 79392, 79395
(December 30, 2013). See Xiamen ZL Diamond Technology Co., Ltd.'s
February 26, 2014, separate rate application at 2.
\11\ The PRC-wide entity includes the following companies: ATM
Single Entity, Central Iron and Steel Research Institute Group,
China Iron and Steel Research Institute Group, Danyang Aurui
Hardware Products Co., Ltd., Danyang Dida Diamond Tools
Manufacturing Co., Ltd., Danyang Huachang Diamond Tools
Manufacturing Co., Ltd., Electrolux Construction Products (Xiamen)
Co. Ltd., Fujian Quanzhou Wanlong Stone Co., Ltd., 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, Quanzhou Shuangyang Diamond Tools Co., Ltd., Quanzhou
Zongzhi Diamond Tool Co. Ltd., Shanghai Deda Industry & Trading Co.,
Ltd., Shanghai Robtol Tool Manufacturing Co., Ltd., Shanghai
Starcraft Tools Company Limited, Shijiazhuang Global New Century
Tools Co., Ltd., Sichuan Huili Tools Co., Task Tools & Abrasives,
Wanli Tools Group, Wuhan Wanbang Laser Diamond Tools Co., 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. ATM Single Entity includes Advanced Technology & Materials
Co., Ltd., Beijing Gang Yan Diamond Products Co., Yichang HXF
Circular Saw Industrial Co., Ltd. (currently HXF Saw Co., Ltd.)
(HXF), Cliff (Tianjin) International Ltd (Cliff), and AT&M
International Trading Co., Ltd. Cliff also used the company name
Cliff International Ltd. See 3rd Review Prelim, 78 FR at 77099, n.4,
and the accompanying Preliminary Decision Memorandum at 5, n.24,
unchanged in 3rd Review Final for HXF's name change and Cliff's use
of another company name.
\12\ See 19 CFR 351.309(c).
\13\ See 19 CFR 351.309(c)(2).
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically using ACCESS. An electronically filed document
must be received successfully in its entirety by the Department's
ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice.\14\ Hearing requests should contain (1) the
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to those raised in the respective case
briefs. The Department intends to issue the final results of this
review, including the results of its analysis of issues raised by
parties in their comments, within 120 days after the publication of
these preliminary results, pursuant to section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h)(2).
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\14\ See 19 CFR 351.310(c).
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Assessment Rates
Upon issuing the final results of review, the Department will
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\15\ If a respondent's weighted-average
dumping margin is above de minimis (i.e., 0.5 percent) in the final
results of this review, we will calculate an importer-specific
assessment rate on the basis of the ratio of the total amount of
dumping calculated for the importer's examined sales and the total
entered value of those sales in accordance with 19 CFR 351.212(b)(1).
Specifically, the Department will apply the assessment rate calculation
method adopted in Final Modification for Reviews.\16\ Where an
importer- (or customer-) specific ad valorem rate is zero or de
minimis, we will instruct CBP to liquidate appropriate entries without
regard to antidumping duties.\17\
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\15\ See 19 CFR 351.212(b)(1).
\16\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012)
(Final Modification for Reviews).
\17\ See 19 CFR 351.106(c)(2).
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For Husqvarna (Hebei) Co., Ltd., for which the review is rescinded,
the antidumping duty shall be assessed at the rate equal to the cash
deposit of the estimated antidumping duty required at the time of
entry, or withdrawal from warehouse, for consumption, in accordance
with 19 CFR 351.212(c)(2). We will instruct CBP accordingly.
Pursuant to a refinement to the Department's assessment practice in
NME cases,\18\ 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, if the Department determines that an
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.\19\
The Department intends to issue appropriate assessment instructions
directly to CBP 15 days after publication of the final results of
review.
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\18\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
\19\ Id.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
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
[[Page 71982]]
cash deposit rate will be that established in the final results of
review (except, if the rate is zero or de minimis, then zero cash
deposit will be required); (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 existing 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; and (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, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary 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 Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: November 26, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
A. Summary
B. Background
C. Scope of the Order
D. Request To Modify the Physical Characteristics
E. Rescission of Review in Part
F. Preliminary Determination of No Shipments
G. Discussion of the Methodology
1. Non-Market Economy Country Status
2. Separate Rates
3. Surrogate Country
H. Fair Value Comparisons
1. Determination of Comparison Method
2. Results of the Differential Pricing Analysis
3. U.S. Price
4. Normal Value
5. Factor Valuations
I. Currency Conversion
J. Recommendation
[FR Doc. 2014-28531 Filed 12-3-14; 8:45 am]
BILLING CODE 3510-DS-P