[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Notices]
[Pages 11177-11179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04711]
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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: Initiation and Preliminary Results of Changed Circumstances
Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Pursuant to section 751(b) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.216 and 19 CFR 351.221(c)(3), the
Department of Commerce (the Department) is initiating a changed
circumstances review of the antidumping duty order on diamond sawblades
and parts thereof (diamond sawblades) from the People's Republic of
China (the PRC) with respect to Wuhan Wanbang Laser Diamond Tools Co.,
Ltd. Based on the information on the record, we preliminarily determine
that Wuhan Wanbang Laser Diamond Tools Co., Ltd., is the successor-in-
interest to Wuhan Wanbang Laser Diamond Tools Co. for purposes of
determining antidumping duty liability. We invite interested parties to
comment on these preliminary results.
DATES: Effective March 3, 2016.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-5760.
SUPPLEMENTARY INFORMATION:
Background
The Department published the antidumping duty order on diamond
sawblades and parts thereof from the People's Republic of China on
November 4, 2009.\1\ In its December 22, 2015, request for a changed
circumstances review, Wuhan Wanbang Laser Diamond Tools Co., Ltd.,
informed the Department that, effective May 4, 2015, Wuhan Wanbang
Laser Diamond Tools Co. (1) changed its legal status from a limited
liability company to a joint-stock limited company and (2) changed its
name to Wuhan Wanbang Laser Diamond Tools Co., Ltd.\2\ Wuhan Wanbang
Laser Diamond Tools Co. is a respondent in the ongoing administrative
review of the antidumping duty order on diamond sawblades from the PRC
covering the period November 1, 2013, through October 31, 2014.\3\ Both
Wuhan Wanbang Laser Diamond Tools Co. and Wuhan Wanbang Laser Diamond
Tools Co., Ltd., are respondents in the ongoing administrative review
of the same order covering the period November 1, 2014, through October
31, 2015.\4\ Pursuant to section 751(b) of the Act, and 19 CFR
351.216(c) and 19 CFR 351.221(c)(3), Wuhan Wanbang Laser Diamond Tools
Co., Ltd., requested that the Department initiate an expedited changed
circumstances review and determine that Wuhan Wanbang Laser Diamond
Tools Co., Ltd., is the successor-in-interest to Wuhan Wanbang Laser
Diamond Tools Co.
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\1\ See Diamond Sawblades and Parts Thereof From the People's
Republic of China and the Republic of Korea: Antidumping Duty
Orders, 74 FR 57145 (November 4, 2009).
\2\ See Wuhan Wanbang Laser Diamond Tools Co., Ltd.'s request
for a changed circumstances review dated December 22, 2015 (review
request).
\3\ See Diamond Sawblades and Parts Thereof From the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review; 2013-2014, 80 FR 75854, 75855 (December 4,
2015).
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 736, 738 (January 7, 2016).
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As explained in the memorandum from the Acting Assistant Secretary
for Enforcement and Compliance, the Department has exercised its
discretion to toll all administrative deadlines due to the recent
closure of the Federal Government. All deadlines in this segment of the
proceeding have been extended by four business days. The revised
deadline for the initiation of this review is now February 25, 2016.\5\
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\5\ See Memorandum for the Record from Acting Assistant
Secretary Ron Lorentzen entitled ``Tolling of Administrative
Deadlines as a Result of the Government Closure during Snowstorm
`Jonas' '' dated January 27, 2016.
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Scope of the Order
The products covered by the order are all finished circular
sawblades, whether slotted or not, with a working part that is
comprised of a diamond segment or segments, and parts thereof,
regardless of specification or size, except as specifically excluded
below. Within the scope of the order are semifinished diamond
sawblades, including diamond sawblade cores and diamond sawblade
segments. Diamond sawblade cores are circular steel plates, whether or
not attached to non-steel plates, with slots. Diamond sawblade cores
are manufactured principally, but not exclusively, from alloy steel. A
diamond sawblade segment consists of a mixture of diamonds (whether
natural or synthetic, and regardless of the quantity of diamonds) and
metal powders (including, but not limited to, iron, cobalt, nickel,
tungsten carbide) that are formed together into a solid shape (from
generally, but not limited to, a heating and pressing process).
Sawblades with diamonds directly attached to the core with a resin
or electroplated bond, which thereby do not contain a diamond segment,
are not included within the scope of the order. Diamond sawblades and/
or sawblade cores with a thickness of less than 0.025 inches, or with a
thickness greater than 1.1 inches, are excluded from the scope of the
order. Circular steel plates that have a cutting edge of non-diamond
material, such as external teeth that
[[Page 11178]]
protrude from the outer diameter of the plate, whether or not finished,
are excluded from the scope of the order. Diamond sawblade cores with a
Rockwell C hardness of less than 25 are excluded from the scope of the
order. Diamond sawblades and/or diamond segment(s) with diamonds that
predominantly have a mesh size number greater than 240 (such as 250 or
260) are excluded from the scope of the order. Merchandise subject to
the order is typically imported under heading 8202.39.00.00 of the
Harmonized Tariff Schedule of the United States (HTSUS). When packaged
together as a set for retail sale with an item that is separately
classified under headings 8202 to 8205 of the HTSUS, diamond sawblades
or parts thereof may be imported under heading 8206.00.00.00 of the
HTSUS. On October 11, 2011, the Department included the 6804.21.00.00
HTSUS classification number to the customs case reference file,
pursuant to a request by U.S. Customs and Border Protection (CBP).\6\
The tariff classification is provided for convenience and customs
purposes; however, the written description of the scope of the order is
dispositive.
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\6\ See Diamond Sawblades and Parts Thereof From the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative
Review, 76 FR 76128, 76130 (December 6, 2011).
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Initiation of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), the
Department will conduct a changed circumstances review upon receipt of
a request from an interested party or receipt of information concerning
an antidumping duty order which shows changed circumstances sufficient
to warrant a review of the order. Based on the request from Wuhan
Wanbang Laser Diamond Tools Co., Ltd. (Wuhan Wanbang Co., Ltd.) and in
accordance with section 751(b)(1) of Act and 19 CFR 351.216(b), we are
initiating a changed circumstances review to determine whether Wuhan
Wanbang Co., Ltd., is the successor-in-interest to Wuhan Wanbang Laser
Diamond Tools Co. (Wuhan Wanbang Co.). If we conclude that an expedited
action is warranted, we may combine the notices of initiation and
preliminary results of a changed circumstances review under 19 CFR
351.221(c)(3)(ii). In this instance, because we have on the record the
information necessary to make a preliminary finding, we find that
expedited action is warranted and have combined the notices of
initiation and preliminary results.
Preliminary Results of Expedited Changed Circumstances Review
In making a successor-in-interest determination, the Department
examines several factors including, but not limited to, changes in
management, production facilities, supplier relationships, and customer
base.\7\ While no single factor or combination of these factors will
necessarily provide a dispositive indication of a successor-in-interest
relationship, the Department will generally consider the new company to
be the successor to the previous company if the new company's
operations are not materially dissimilar to those of its
predecessor.\8\ Thus, if the evidence demonstrates that, with respect
to the production and sales of the subject merchandise, the new company
operates as the same business entity as the former company, the
Department will accord the new company the same antidumping treatment
as its predecessor.\9\
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\7\ See, e.g., Pressure Sensitive Plastic Tape from Italy:
Preliminary Results of Antidumping Duty Changed Circumstances
Review, 75 FR 8925 (February 26, 2010), unchanged in Pressure
Sensitive Plastic Tape From Italy: Final Results of Antidumping Duty
Changed Circumstances Review, 75 FR 27706 (May 18, 2010); and Brake
Rotors From the People's Republic of China: Final Results of Changed
Circumstances Antidumping Duty Administrative Review, 70 FR 69941
(November 18, 2005) (Brake Rotors), citing Brass Sheet and Strip
from Canada; Final Results of Antidumping Duty Administrative
Review, 57 FR 20460 (May 13, 1992).
\8\ See, e.g., Brake Rotors.
\9\ Id. See also e.g., Notice of Initiation and Preliminary
Results of Antidumping Duty Changed Circumstances Review: Certain
Frozen Warmwater Shrimp From India, 77 FR 64953 (October 24, 2012),
unchanged in Final Results of Antidumping Duty Changed Circumstances
Review: Certain Frozen Warmwater Shrimp From India, 77 FR 73619
(December 11, 2012).
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In its review request and in its responses to our two supplemental
questionnaires,\10\ Wuhan Wanbang Co., Ltd., has provided evidence for
us to preliminarily determine that it is the successor-in-interest to
Wuhan Wanbang Co. Wuhan Wanbang Co., Ltd., states that its management,
production facilities, and customer/supplier relationships have not
changed as a result of changes to the legal status and name of the
company.\11\ Wuhan Wanbang Co., Ltd., provided documents showing
changes to the legal status and name of the company.\12\ Further, Wuhan
Wanbang Co., Ltd., provided internal documents evidencing that: its
domestic and overseas customers and suppliers have been the same before
and after the changes to the company's legal status and name.\13\ Wuhan
Wanbang Co., Ltd., also provided a list of members of the management
team and supporting documentation indicating that Wuhan Wanbang Co.'s
managers hold the same position in Wuhan Wanbang Co., Ltd., and
documentation showing only small, insignificant changes to the members
of the board of directors.\14\
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\10\ See the review request and Wuhan Wanbang Co., Ltd.'s
supplemental responses dated January 21, 2016, and February 3, 2016.
\11\ Id.
\12\ See, e.g., the review request at Exhibits 4 and 5.
\13\ See the review request at Exhibit 3, the January 21, 2016,
supplemental response at Exhibits S-1 through S-3, and the February
3, 2016, supplemental response at Exhibits S2-1 through S2-3.
\14\ See the review request at Exhibit 3 and the January 21,
2016, supplemental response at Exhibit S-4.
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Based on record evidence, we preliminarily determine that Wuhan
Wanbang Co., Ltd., is the successor-in-interest to Wuhan Wanbang Co.
for purposes of antidumping duty liability because the changes to the
legal status and name of the company resulted in no significant changes
to management, production facilities, supplier relationships, and
customers. As a result, we preliminarily determine that Wuhan Wanbang
Co., Ltd., operates as the same business entity as Wuhan Wanbang Co.
Thus, we preliminarily determine that Wuhan Wanbang Co., Ltd., should
receive the same antidumping duty cash deposit rate with respect to the
subject merchandise as Wuhan Wanbang Co., its predecessor company.
Because cash deposits are only estimates of the amount of
antidumping duties that will be due, changes in cash deposit rates are
not made retroactive and, therefore, no change will be made to Wuhan
Wanbang Co., Ltd.'s cash deposit rate as a result of these preliminary
results. If Wuhan Wanbang Co., Ltd., believes that the deposits paid
exceed the actual amount of dumping, it is entitled to request an
administrative review during the anniversary month of the publication
of the order of those entries, i.e., November, to determine the proper
assessment rate and receive a refund of any excess deposits.\15\ As a
result, if these preliminary results are adopted in our final results
of this changed circumstances review, we will instruct CBP to suspend
shipments of subject merchandise made by Wuhan Wanbang Co., Ltd., at
Wuhan Wanbang Co.'s cash deposit rate effective on the publication date
of our final results.
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\15\ See Certain Hot-Rolled Lead and Bismuth Carbon Steel
Products From the United Kingdom: Final Results of Changed-
Circumstances Antidumping and Countervailing Duty Administrative
Reviews, 64 FR 66880 (November 30, 1999).
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[[Page 11179]]
Public Comment
Interested parties may submit case briefs no later than 14 days
after the publication of this notice.\16\ Rebuttal briefs, which must
be limited to issues raised in case briefs, may be filed not later than
five days after the deadline for filing case briefs.\17\ Parties who
submit case briefs or rebuttal briefs in this changed circumstance
review are requested to submit with each argument: (1) A statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities. Interested parties who wish to comment on the preliminary
results must file briefs electronically using Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
http://access.trade.gov. An electronically-filed document must be
received successfully in its entirety by the ACCESS no later than 5:00
p.m. Eastern Time on the date the document is due. Interested parties
that wish to request a hearing must submit a written request to the
Assistant Secretary for Enforcement and Compliance, filed
electronically via ACCESS, within 14 days of publication of this
notice.\18\ Parties will be notified of the time and date of any
hearing, if requested.\19\
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\16\ See 19 CFR 351.309(c)(ii).
\17\ See 19 CFR 351.309(d).
\18\ See 19 CFR 351.310(c). See also 19 CFR 351.303 for general
filing requirements.
\19\ See 19 CFR 351.310.
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Notifications to Interested Parties
Consistent with 19 CFR 351.216(e), we intend to issue the final
results of this changed circumstances review no later than 270 days
after the date on which this review was initiated, or within 45 days
after the publication of the preliminary results if all parties in this
review agree to our preliminary results. The final results will include
the Department's analysis of issues raised in any written comments.
This notice of initiation and preliminary results is in accordance
with section 751(b)(1) of the Act, 19 CFR 351.216(b) and (d), and 19
CFR 351.221(b)(1).
Dated: February 26, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-04711 Filed 3-2-16; 8:45 am]
BILLING CODE 3510-DS-P