Diamond Sawblades and Parts Thereof From the People's Republic of China: Initiation of Antidumping Duty Changed Circumstances Review, 60409-60411 [2010-24602]
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Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Notices
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critical to our small and medium-sized
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The theft of IP from SMEs is a serious
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Bureaus, namely the U.S. Patent and
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property rights enforcement to help
businesses secure and enforce
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FOR FURTHER INFORMATION CONTACT:
1 Global Intellectual Property Center, Intellectual
Property: Creating Jobs, Saving Lives, Improving the
World, 2009.
2 Karen Mills, Administrator of the U.S. Small
Business Administration (SBA), speech at ‘‘Jobs on
Main Street, Customers Around the World’’ event
hosted by USTR 01–21–10.
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17:48 Sep 29, 2010
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intellectual property rights at home and
abroad.
To educate and assist all businesses,
and SMEs in particular, the Department
of Commerce has developed a number
of IPR tools and resources. ITA, on
behalf of U.S. intellectual property
agencies, launched a Web site in 2004
(https://www.stopfakes.gov) to provide
updates and links to Executive Branch
IPR programs. On the Web site, there are
additional resources for businesses such
as an online IPR tutorial, which is
available in three languages, countryspecific IPR toolkits and links to other
resources such as the American Bar
Association’s International IP Advisory
Program. The site also allows businesses
to file complaints about IPR-related
trade problems, which are answered by
a trade specialist from ITA. The
Department of Commerce also
established the 1–866–999–HALT
hotline answered by PTO IPR experts,
who work with ITA’s Office of
Intellectual Property Rights (OIPR) to
help businesses secure and enforce their
IPR through international treaties.
Though this list is non-exhaustive, U.S.
agencies recognize that there may be
additional government tools and
support on IPR protection and
enforcement that could assist U.S.
exporters.
Dated: Friday, September 24, 2010.
Eileen Hill,
Acting Deputy Assistant Secretary, Trade
Agreements and Compliance, Market Access
and Compliance, International Trade
Administration, U.S. Department of
Commerce.
[FR Doc. 2010–24508 Filed 9–29–10; 8:45 am]
BILLING CODE 3510–DA–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–900]
Diamond Sawblades and Parts Thereof
From the People’s Republic of China:
Initiation of Antidumping Duty
Changed Circumstances Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: September 30,
2010.
SUMMARY: The Department of Commerce
(‘‘Department’’) has received information
sufficient to warrant the initiation of a
changed circumstances review ‘‘CCR’’ of
the antidumping duty order on diamond
sawblades and parts thereof from the
People’s Republic of China (‘‘PRC’’).
Specifically, based on requests filed by
the Diamond Sawblade Manufacturers
AGENCY:
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Sfmt 4703
60409
Coalition (‘‘DSMC’’) and Hebei Jikai,1 the
Department is initiating a CCR to
determine whether Hebei HusqvarnaJikai Diamond Tools Co., Ltd. is the
successor-in-interest to (1) Hebei Jikai
Industrial Group Co., Ltd. or (2)
Electrolux Construction Products
(Xiamen) Co., Ltd. (‘‘Electrolux
Xiamen’’).
FOR FURTHER INFORMATION CONTACT:
Alan Ray, AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW., Washington,
DC 20230; telephone: (202) 482–5403.
SUPPLEMENTARY INFORMATION:
Background
On November 4, 2009, the Department
published antidumping duty orders on
diamond sawblades and parts thereof
from the PRC and the Republic of
Korea,2 as a result of the United States
International Trade Commission
reversing its initial negative
determination on remand from the
United States Court of International
Trade. As part of those orders, in the
investigation, Hebei Jikai Industrial
Group Co., Ltd. received a calculated
rate of 48.5 percent while Electrolux
Xiamen received the PRC-wide rate of
164.09 percent.3 On August 13, 2010,
DSMC filed a submission with the
Department requesting that it conduct a
CCR of the antidumping duty order on
diamond sawblades and parts thereof
from the PRC to determine whether
Hebei Husqvarna-Jikai Diamond Tools
Co., Ltd. is a successor-in-interest to
Electrolux Xiamen.4 On August 20,
2010, DSMC submitted further
information supporting its claim that
Hebei Husqvarna-Jikai Diamond Tools
Co., Ltd. should be found to be the
successor-in-interest to Electrolux
Xiamen. DSMC provided a narrative and
supporting documentation accounting
for changes in the name, ownership,
production location, management, and
1 Husqvarna Construction Products North
America, Inc., Hebei Husqvarna-Jikai Diamond
Tools Co., Ltd., and Hebei Jikai Industrial Group
Co., Ltd. (collectively ‘‘Hebei Jikai’’).
2 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) (‘‘Order’’).
3 Final Determination of Sales at Less Than Fair
Value and Final Partial Affirmative Determination
of Critical Circumstances: Diamond Sawblades and
Parts Thereof from the People’s Republic of China,
71 FR 29303 (May 22, 2006).
4 See Letter from DSMC to the Department
regarding Diamond Sawblades and Parts Thereof
from the People’s Republic of China—Request for
Initiation of Changed Circumstances Review, dated
August 13, 2010.
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Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Notices
product line involving the entities at
issue.5
On September 13, 2010, Hebei Jikai
filed a submission with the Department
requesting that it CCR review and, at the
time of initiation, find that Hebei
Husqvarna-Jikai Diamond Tools Co.,
Ltd. is the successor-in-interest to Hebei
Jikai Industrial Group Co., Ltd. Hebei
Jikai provided a narrative description
and supporting documentation
addressing changes in: (1) Production
facilities; (2) supplier relationships; (3)
management; and (4) customer base.6
On September 20, 2010, DSMC
submitted a request that at the time of
initiation that the Department should
also issue its preliminary determination
that all subject merchandise exported by
Hebei Jikai should be subject to the
PRC-wide rate of 164.09 percent.7
mstockstill on DSKH9S0YB1PROD with NOTICES6
Scope of the Order
The products covered by this 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 these orders 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 these
orders. Diamond sawblades and/or
sawblade cores with a thickness of less
5 See Letter from DSMC to the Department
regarding Diamond Sawblades and Parts Thereof
from the People’s Republic of China—
Supplementary Information on Request for
Initiation of Changed Circumstances Review, dated
August 20, 2010.
6 See Letter from Hebei Jikai to the Department
regarding Diamond Sawblades and Parts Thereof
from the People’s Republic of China—Request for
Initiation of a Changed Circumstances Review.
7 See Letter from DSMC to the Department
regarding Diamond Sawblades and Parts Thereof
from the People’s Republic of China—Request for
Simultaneous Initiation of Changed Circumstances
Review and Issuance of Preliminary Determination,
dated September 20, 2010.
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17:48 Sep 29, 2010
Jkt 220001
than 0.025 inches, or with a thickness
greater than 1.1 inches, are excluded
from the scope of these orders. Circular
steel plates that have a cutting edge of
non-diamond material, such as external
teeth that protrude from the outer
diameter of the plate, whether or not
finished, are excluded from the scope of
these orders. Diamond sawblade cores
with a Rockwell C hardness of less than
25 are excluded from the scope of these
orders. 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 these orders.
Merchandise subject to these orders 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. The tariff classification is
provided for convenience and customs
purposes; however, the written
description of the scope of these orders
is dispositive.
Initiation of CCR
Pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (‘‘Act’’),
the Department will conduct a CCR
upon receipt of information concerning,
or a request from, an interested party for
a review of an antidumping duty order
which shows changed circumstances
sufficient to warrant a review of the
order.
In accordance with 19 CFR
351.216(d), the Department has
determined that the information
submitted by DSMC and Hebei Jikai
constitutes sufficient evidence to
initiate a CCR. In an antidumping duty
changed circumstances review
involving a successor-in-interest
determination, the Department typically
examines several factors including, but
not limited to, changes in: (1)
Management; (2) production facilities;
(3) supplier relationships; and (4)
customer base.8 Although no single
factor will necessarily provide a
dispositive indication that the requestor
is the successor-in-interest to the
predecessor company, generally, the
Department will consider one company
to be a successor-in-interest to another
company if its resulting operation is
essentially similar to that of its
8 See, e.g., Pure Magnesium In Granular Form
from the People’s Republic of China: Initiation of
Changed Circumstances Review, 75 FR 51002
(August 18, 2010).
PO 00000
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Fmt 4703
Sfmt 4703
predecessor.9 Therefore, if the record
demonstrates that, with respect to the
production and sale of the subject
merchandise, the new company
operates as the same business entity as
the predecessor company, the
Department may assign the new
company the cash deposit rate of its
predecessor.10
Based on the information provided in
their submissions, DSMC and Hebei
Jikai have provided sufficient evidence
to initiate a review to determine
whether Hebei Husqvarna-Jikai
Diamond Tools Co., Ltd. is the
successor-in-interest to Electrolux
Xiamen or Hebei Jikai Industrial Group
Co., Ltd. Therefore, pursuant to section
751(b)(1) of the Act and 19 CFR
351.216(d), we are initiating a CCR.
Although Hebei Jikai submitted
documentation regarding changes in
management, suppliers, customer base,
and production facilities that the
Department considers in its successorin-interest analysis, we will need
additional time to explore Electrolux
Xiamen’s involvement in Hebei
Husqvarna-Jikai Diamond Tools Co.,
Ltd. prior to reaching a preliminary
determination. Accordingly, the
Department has determined that it is not
expediting this action by combining the
preliminary results of review with this
notice of initiation.11
The Department intends to issue
questionnaires requesting additional
information for the review and will
publish in the Federal Register a notice
of the preliminary results of the
antidumping duty CCR, in accordance
with 19 CFR 351.221(b)(2) and
351.221(c)(3)(i). That notice will set
forth the factual and legal conclusions
upon which our preliminary results are
based and a description of any action
proposed. Pursuant to 19 CFR
351.221(b)(4)(ii), interested parties will
have an opportunity to comment on the
preliminary results of review. In
accordance with 19 CFR 351.216(e), the
Department will issue the final results
of its antidumping duty CCR not later
than 270 days after the date on which
the review is initiated.
9 See, e.g., Notice of Initiation of Antidumping
Duty Changed Circumstances Review: Certain
Forged Stainless Steel Flanges from India, 71 FR
327 (January 4, 2006).
10 See Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative
Review: Polychloroprene Rubber from Japan, 67 FR
58 (January 2, 2002); see also Fresh and Chilled
Atlantic Salmon from Norway; Final Results of
Changed Circumstances Antidumping Duty
Administrative Review, 64 FR 9979 (March 1, 1999).
11 See 19 CFR 351.221(c)(3)(ii); see also Notice of
Initiation of Antidumping Duty Changed
Circumstances Review: Certain Pasta From Turkey,
74 FR 681 (January 7, 2009).
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Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Notices
This notice is published in
accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR 351.216.
Dated: September 24, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010–24602 Filed 9–29–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
The Manufacturing Council: Meeting of
the Manufacturing Council
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an Open Meeting.
AGENCY:
to Jennifer Pilat at the contact
information indicated above. To be
considered during the meeting,
comments must be received no later
than 5 p.m. Eastern Time on October 7,
2010, to ensure transmission to the
Council prior to the meeting. Comments
received after that date will be
distributed to the members but may not
be considered at the meeting.
Copies of Council meeting minutes
will be available within 90 days of the
meeting.
Dated: September 27, 2010.
Jennifer Pilat,
Executive Secretary, The Manufacturing
Council.
[FR Doc. 2010–24604 Filed 9–27–10; 4:15 pm]
BILLING CODE 3510–DR–P
The Manufacturing Council
will hold a meeting to discuss and
identify the priority issues affecting the
U.S. manufacturing industry, which
may include increasing exports, supply
chain and access to credit, among
others. The Council was re-chartered on
April 8, 2010, to advise the Secretary of
Commerce on matters relating to the
U.S. manufacturing industry.
DATES: October 14, 2010
Time: 10 a.m.
ADDRESSES: Department of Commerce,
1401 Constitution Avenue, NW., Room
4830, Washington, DC, 20230. Because
of building security, all non-government
attendees must pre-register. This
program will be physically accessible to
people with disabilities. Seating is
limited and will be on a first come, first
served basis. Requests for sign language
interpretation, other auxiliary aids, or
pre-registration, should be submitted no
later than October 7, 2010, to Jennifer
Pilat, the Manufacturing Council, Room
4043, 1401 Constitution Avenue, NW.,
Washington, DC, 20230, telephone 202–
482–4501, jennifer.pilat@trade.gov. Last
minute requests will be accepted, but
may be impossible to fill.
FOR FURTHER INFORMATION CONTACT:
Jennifer Pilat, the Manufacturing
Council, Room 4043, 1401 Constitution
Avenue, NW., Washington, DC, 20230,
telephone: 202–482–4501, e-mail:
jennifer.pilat@trade.gov.
COMMODITY FUTURES TRADING
COMMISSION
mstockstill on DSKH9S0YB1PROD with NOTICES6
SUMMARY:
SUPPLEMENTARY INFORMATION:
No time will be available for oral
comments from members of the public
attending the meeting. Any member of
the public may submit pertinent written
comments concerning the Council’s
affairs at any time before and after the
meeting. Comments may be submitted
VerDate Mar<15>2010
17:48 Sep 29, 2010
Jkt 220001
Request for Comment on Options for
a Proposed Exemptive Order Relating
to the Trading and Clearing of
Precious Metal Commodity-Based
ETFs; Concept Release
Commodity Futures Trading
Commission.
ACTION: Notice of options for a proposed
exemptive order and request for
comment; concept release.
AGENCY:
Recently, the Commodity
Futures Trading Commission
(‘‘Commission,’’ or ‘‘CFTC’’) has been
confronted with the question of how to
treat certain transactions on fractional
undivided interests, or shares, in single
commodity investment products
referred to as exchange traded funds
(‘‘ETF’’ or ‘‘ETFs’’),1 primarily in the
SUMMARY:
1 This Release is limited to those ‘‘Commodity
ETFs’’ that are structured as grantor trusts with an
investment objective of achieving the price
performance of the underlying commodity or
commodities held by such trust, less expenses.
Further, for purposes of this Release, the term or
label ‘‘ETF’’ is loosely applied to precious metal
commodity-based ETFs (as used interchangeably
herein, ‘‘Precious Metal Commodity-Based ETFs’’ or
‘‘Commodity-Based ETFs’’), see section 3(a)(1) of the
Investment Company Act of 1940 (the ‘‘1940 Act’’)
and Securities and Exchange Commission (‘‘SEC’’),
Exchange-Traded Funds, Investment Company Act
Release No. 28192 (March 11, 2008), 73 FR 14618,
14623 (March 18, 2008). As used herein, ‘‘Precious
Metal’’ indicates either gold, silver, palladium, or
platinum.
Additionally, when we refer to an ‘‘ETF’’ in this
Concept Release, we are not (unless the context
otherwise requires) referring to an entity that meets
the definition of an ‘‘investment company’’ and is
registered under the 1940 Act. This Release also
does not address those ‘‘ETF Commodity Pools’’ that
attempt to track a benchmark index or commodity
by engaging in the purchase of commodity futures
and/or options contracts. These ETF Commodity
Pools are subject to regulation by the Commission
as a commodity pool operator (‘‘CPO’’) and/or
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60411
metals complex. The ETFs have in all
relevant instances been structured as
trusts (singularly, ‘‘ETF Trust’’ or
‘‘Trust’’),2 the assets of which consist of
holdings of one specific physical
commodity.3 The explicit and sole
investment objective of each of these
ETF Trusts is to track as nearly as
possible the spot price of the underlying
physical commodity less the expenses
of trust operations. The listing of these
ETF shares provides shareholders with
efficient exposure to commodity market
price movements.4 These Precious
Metal Commodity-Based ETFs have
primarily focused on holding either gold
or silver, with a recent expansion into
palladium and platinum. The
Commission has issued Orders pursuant
to Section 4(c) of the Commodity
Exchange Act (the ‘‘Act’’) permitting the
trading and clearing of certain
transactions on these Trusts as,
respectively, options on securities and
security futures.5 The Previous Orders
have provided exemptions from certain
provisions of the Act, or the
Commission’s regulations thereunder,
which might have been transgressed by
trading or clearing, among other things,
options and futures on CommodityBased ETFs. The exemption mechanism
has enabled the Commission to reserve
judgment as to the jurisdictional
classification (i.e. commodity or
security) of Commodity-Based ETFs and
options and futures on CommodityBased ETFs while at the same time
providing a mechanism to ensure both
that the Commission’s regulatory
commodity trading adviser (‘‘CTA’’) and may not
implicate regulatory issues raised in this Release.
2 See e.g. NYSEArca Rule 8.201 (CommodityBased Trust Shares); NYSEAmex Rule 1200A
(Commodity-Based Trust Shares); NYSE Rule 1300
(streetTracks Gold Shares); and BATS Exchange
Rule 14.4.
3 See, however, Securities Exchange Act Release
Nos. 62402 (June 29, 2010), 75 FR 39292 (July 8,
2010) (notice of filing of a proposal to list and trade
shares of the ETFS Precious Metals Basket Trust
consisting of gold, silver, palladium, and platinum)
and 62620 (July 30, 2010) (notice of a proposal to
list and trade shares of ETFS White Metals Basket
Trust consisting of silver, palladium, and
platinum).
4 For a previous Commission discussion of the
structural and arbitrage mechanisms underlying a
physical gold ETF, see Description of the
Underlying Commodity in CFTC, Proposed
Exemptive Order for ST Gold Futures Contracts, 73
FR 13867, at 13868 (March 14, 2008).
5 See CFTC, Order Exempting the Trading and
Clearing of Certain Products Related to SPDR®
Gold Trust Shares, 73 FR 31981 (June 5, 2008),
CFTC, Order Exempting the Trading and Clearing
of Certain Products Related to iShares® COMEX
Gold Trust Shares and iShares® Silver Trust
Shares, 73 FR 79830 (December 30, 2008), and
CFTC, Order Exempting the Trading and Clearing
of Certain Products Related to ETFS Physical Swiss
Gold Shares and ETFS Physical Silver Shares, 75
FR 37406 (June 29, 2010) (collectively, the
‘‘Previous Orders’’).
E:\FR\FM\30SEN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 189 (Thursday, September 30, 2010)]
[Notices]
[Pages 60409-60411]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24602]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-900]
Diamond Sawblades and Parts Thereof From the People's Republic of
China: Initiation of Antidumping Duty Changed Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: September 30, 2010.
SUMMARY: The Department of Commerce (``Department'') has received
information sufficient to warrant the initiation of a changed
circumstances review ``CCR'' of the antidumping duty order on diamond
sawblades and parts thereof from the People's Republic of China
(``PRC''). Specifically, based on requests filed by the Diamond
Sawblade Manufacturers Coalition (``DSMC'') and Hebei Jikai,\1\ the
Department is initiating a CCR to determine whether Hebei Husqvarna-
Jikai Diamond Tools Co., Ltd. is the successor-in-interest to (1) Hebei
Jikai Industrial Group Co., Ltd. or (2) Electrolux Construction
Products (Xiamen) Co., Ltd. (``Electrolux Xiamen'').
---------------------------------------------------------------------------
\1\ Husqvarna Construction Products North America, Inc., Hebei
Husqvarna-Jikai Diamond Tools Co., Ltd., and Hebei Jikai Industrial
Group Co., Ltd. (collectively ``Hebei Jikai'').
FOR FURTHER INFORMATION CONTACT: Alan Ray, AD/CVD Operations, Office 9,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
---------------------------------------------------------------------------
Washington, DC 20230; telephone: (202) 482-5403.
SUPPLEMENTARY INFORMATION:
Background
On November 4, 2009, the Department published antidumping duty
orders on diamond sawblades and parts thereof from the PRC and the
Republic of Korea,\2\ as a result of the United States International
Trade Commission reversing its initial negative determination on remand
from the United States Court of International Trade. As part of those
orders, in the investigation, Hebei Jikai Industrial Group Co., Ltd.
received a calculated rate of 48.5 percent while Electrolux Xiamen
received the PRC-wide rate of 164.09 percent.\3\ On August 13, 2010,
DSMC filed a submission with the Department requesting that it conduct
a CCR of the antidumping duty order on diamond sawblades and parts
thereof from the PRC to determine whether Hebei Husqvarna-Jikai Diamond
Tools Co., Ltd. is a successor-in-interest to Electrolux Xiamen.\4\ On
August 20, 2010, DSMC submitted further information supporting its
claim that Hebei Husqvarna-Jikai Diamond Tools Co., Ltd. should be
found to be the successor-in-interest to Electrolux Xiamen. DSMC
provided a narrative and supporting documentation accounting for
changes in the name, ownership, production location, management, and
[[Page 60410]]
product line involving the entities at issue.\5\
---------------------------------------------------------------------------
\2\ 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) (``Order'').
\3\ Final Determination of Sales at Less Than Fair Value and
Final Partial Affirmative Determination of Critical Circumstances:
Diamond Sawblades and Parts Thereof from the People's Republic of
China, 71 FR 29303 (May 22, 2006).
\4\ See Letter from DSMC to the Department regarding Diamond
Sawblades and Parts Thereof from the People's Republic of China--
Request for Initiation of Changed Circumstances Review, dated August
13, 2010.
\5\ See Letter from DSMC to the Department regarding Diamond
Sawblades and Parts Thereof from the People's Republic of China--
Supplementary Information on Request for Initiation of Changed
Circumstances Review, dated August 20, 2010.
---------------------------------------------------------------------------
On September 13, 2010, Hebei Jikai filed a submission with the
Department requesting that it CCR review and, at the time of
initiation, find that Hebei Husqvarna-Jikai Diamond Tools Co., Ltd. is
the successor-in-interest to Hebei Jikai Industrial Group Co., Ltd.
Hebei Jikai provided a narrative description and supporting
documentation addressing changes in: (1) Production facilities; (2)
supplier relationships; (3) management; and (4) customer base.\6\
---------------------------------------------------------------------------
\6\ See Letter from Hebei Jikai to the Department regarding
Diamond Sawblades and Parts Thereof from the People's Republic of
China--Request for Initiation of a Changed Circumstances Review.
---------------------------------------------------------------------------
On September 20, 2010, DSMC submitted a request that at the time of
initiation that the Department should also issue its preliminary
determination that all subject merchandise exported by Hebei Jikai
should be subject to the PRC-wide rate of 164.09 percent.\7\
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\7\ See Letter from DSMC to the Department regarding Diamond
Sawblades and Parts Thereof from the People's Republic of China--
Request for Simultaneous Initiation of Changed Circumstances Review
and Issuance of Preliminary Determination, dated September 20, 2010.
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Scope of the Order
The products covered by this 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 these orders 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 these orders. 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 these orders. Circular steel plates that have a cutting edge of non-
diamond material, such as external teeth that protrude from the outer
diameter of the plate, whether or not finished, are excluded from the
scope of these orders. Diamond sawblade cores with a Rockwell C
hardness of less than 25 are excluded from the scope of these orders.
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 these orders. Merchandise subject
to these orders 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. The tariff classification is provided for convenience and
customs purposes; however, the written description of the scope of
these orders is dispositive.
Initiation of CCR
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(``Act''), the Department will conduct a CCR upon receipt of
information concerning, or a request from, an interested party for a
review of an antidumping duty order which shows changed circumstances
sufficient to warrant a review of the order.
In accordance with 19 CFR 351.216(d), the Department has determined
that the information submitted by DSMC and Hebei Jikai constitutes
sufficient evidence to initiate a CCR. In an antidumping duty changed
circumstances review involving a successor-in-interest determination,
the Department typically examines several factors including, but not
limited to, changes in: (1) Management; (2) production facilities; (3)
supplier relationships; and (4) customer base.\8\ Although no single
factor will necessarily provide a dispositive indication that the
requestor is the successor-in-interest to the predecessor company,
generally, the Department will consider one company to be a successor-
in-interest to another company if its resulting operation is
essentially similar to that of its predecessor.\9\ Therefore, if the
record demonstrates that, with respect to the production and sale of
the subject merchandise, the new company operates as the same business
entity as the predecessor company, the Department may assign the new
company the cash deposit rate of its predecessor.\10\
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\8\ See, e.g., Pure Magnesium In Granular Form from the People's
Republic of China: Initiation of Changed Circumstances Review, 75 FR
51002 (August 18, 2010).
\9\ See, e.g., Notice of Initiation of Antidumping Duty Changed
Circumstances Review: Certain Forged Stainless Steel Flanges from
India, 71 FR 327 (January 4, 2006).
\10\ See Notice of Final Results of Changed Circumstances
Antidumping Duty Administrative Review: Polychloroprene Rubber from
Japan, 67 FR 58 (January 2, 2002); see also Fresh and Chilled
Atlantic Salmon from Norway; Final Results of Changed Circumstances
Antidumping Duty Administrative Review, 64 FR 9979 (March 1, 1999).
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Based on the information provided in their submissions, DSMC and
Hebei Jikai have provided sufficient evidence to initiate a review to
determine whether Hebei Husqvarna-Jikai Diamond Tools Co., Ltd. is the
successor-in-interest to Electrolux Xiamen or Hebei Jikai Industrial
Group Co., Ltd. Therefore, pursuant to section 751(b)(1) of the Act and
19 CFR 351.216(d), we are initiating a CCR. Although Hebei Jikai
submitted documentation regarding changes in management, suppliers,
customer base, and production facilities that the Department considers
in its successor-in-interest analysis, we will need additional time to
explore Electrolux Xiamen's involvement in Hebei Husqvarna-Jikai
Diamond Tools Co., Ltd. prior to reaching a preliminary determination.
Accordingly, the Department has determined that it is not expediting
this action by combining the preliminary results of review with this
notice of initiation.\11\
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\11\ See 19 CFR 351.221(c)(3)(ii); see also Notice of Initiation
of Antidumping Duty Changed Circumstances Review: Certain Pasta From
Turkey, 74 FR 681 (January 7, 2009).
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The Department intends to issue questionnaires requesting
additional information for the review and will publish in the Federal
Register a notice of the preliminary results of the antidumping duty
CCR, in accordance with 19 CFR 351.221(b)(2) and 351.221(c)(3)(i). That
notice will set forth the factual and legal conclusions upon which our
preliminary results are based and a description of any action proposed.
Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have an
opportunity to comment on the preliminary results of review. In
accordance with 19 CFR 351.216(e), the Department will issue the final
results of its antidumping duty CCR not later than 270 days after the
date on which the review is initiated.
[[Page 60411]]
This notice is published in accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR 351.216.
Dated: September 24, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-24602 Filed 9-29-10; 8:45 am]
BILLING CODE 3510-DS-P
