Amended Final Determination of Sales at Less Than Fair Value: Diamond Sawblades and Parts Thereof From the Republic of Korea, 14126-14127 [2010-6530]
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Federal Register / Vol. 75, No. 56 / Wednesday, March 24, 2010 / Notices
export promotion agencies such as
industry trade associations, agencies of
state and local governments, chambers
of commerce, regional groups and other
export-oriented groups. The Certified
Trade Mission-Application for Status
form is the vehicle by which individual
firms apply, and if accepted, agree to
participate in the Department of
Commerce’s (DOC) trade promotion
events program, identify the products or
services they intend to sell or promote,
and record their required participation
fees.
The form is used to:
(1) Collect information about the
products/services that a company
wishes to export;
(2) evaluate applicants’ mission goals
and the marketability of product
categories/industry in the local market;
and
(3) develop appropriate meeting
schedules for clients.
Affected Public: Business or other for
profit organizations, not-for-profit
institutions.
Frequency: On occasion.
Respondent’s Obligation: Required to
obtain or retain a benefit.
OMB Desk Officer: Wendy L.
Liberante, Phone (202) 395–3647.
Copies of the above information
collection proposal can be obtained by
calling or writing Diana Hynek,
Departmental Paperwork Clearance
Officer, (202) 482–0266, Department of
Commerce, Room 6625, 14th and
Constitution Avenue, NW., Washington,
DC 20230 (or via the Internet at
dHynek@doc.gov).
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to Wendy L. Liberante, OMB
Desk Officer, FAX number (202) 395–
7285 or via the Internet at
Wendy_L._Liberante@omb.eop.gov.
Dated: March 19, 2010.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
srobinson on DSKHWCL6B1PROD with NOTICES
[FR Doc. 2010–6522 Filed 3–23–10; 8:45 am]
BILLING CODE 3510–FP–P
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16:24 Mar 23, 2010
Jkt 220001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–855]
Amended Final Determination of Sales
at Less Than Fair Value: Diamond
Sawblades and Parts Thereof From the
Republic of Korea
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: March 24, 2010.
FOR FURTHER INFORMATION CONTACT:
David Layton or Brandon Farlander,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW., Washington,
DC 20230; telephone: (202) 482–0371 or
(202) 482–0182, respectively.
SUPPLEMENTARY INFORMATION:
Amendment to Final Determination
In accordance with sections 735(a)
and 777(i)(1) of the Tariff Act of 1930,
as amended (the Act), on May 22, 2006,
the Department of Commerce (‘‘the
Department’’) published its notice of
final determination of sales at less than
fair value (‘‘LTFV’’) in the investigation
of diamond sawblades and parts thereof
(‘‘DSB’’) from the Republic of Korea
(‘‘Korea’’). See Notice of Final
Determination of Sales at Less Than
Fair Value and Final Determination of
Critical Circumstances: Diamond
Sawblades and Parts Thereof from the
Republic of Korea, 71 FR 29310 (May
22, 2006) (‘‘Final Determination’’). On
May 24, 2006, we received allegations,
timely filed pursuant to 19 CFR
351.224(c)(2), from Ehwa Diamond
Industrial Co., Ltd. (‘‘Ehwa’’) and
Shinhan Diamond Industrial Co., Ltd.
(‘‘Shinhan’’) that the Department made
ministerial errors with respect to its
final determination dumping margin
calculations.
A ministerial error, as defined in
section 751(h) of the Act, includes
‘‘errors in addition, subtraction, or other
arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error which the
(Secretary) considers ministerial.’’ See
also 19 CFR 351.224(f). After analyzing
Ehwa and Shinhan’s submissions, we
determined, in accordance with 19 CFR
351.224(e), that we inadvertently failed
to grant Ehwa and Shinhan a
constructed export price offset. Our
correction of these errors results in
revised margins for Ehwa and Shinhan.
We have revised the calculation of the
‘‘All Others’’ rate accordingly.
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Frm 00004
Fmt 4703
Sfmt 4703
The Department provides a detailed
discussion of all ministerial errors
alleged by Ehwa and Shinhan, as well
as the Department’s analysis in the June
28, 2006, memorandum from the team
to Thomas F. Futtner, Acting Office
Director, entitled, ‘‘Ministerial Error
Allegations in the Final Determination
of the Antidumping Duty Investigation
on Diamond Sawblades and Parts
Thereof from the Republic of Korea’’
(‘‘June 28, 2006 Ministerial Errors
Memo’’).
During the original investigation, the
U.S. International Trade Commission
(‘‘ITC’’) published its final determination
that an industry in the United States
was not materially injured or threatened
with material injury by reason of
imports of DSB from the People’s
Republic of China (‘‘PRC’’) and Korea.1
Therefore, with regard to DSB from
Korea, the Department did not publish
an amended final determination
reflecting its ministerial error findings.
Subsequently, the petitioners
challenged the ITC’s final negative
injury determination, and on February
6, 2008, the U.S. Court of International
Trade (‘‘CIT’’) remanded the
determination to the ITC for
reconsideration.2 Upon remand, the ITC
changed its determination and found
that a U.S. industry is threatened with
material injury by reason of imports of
DSB from the PRC and Korea.3
On November 4, 2009, the Department
published antidumping duty orders and
ordered the collection of cash deposits
on subject merchandise covered by the
orders. 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) (‘‘DSB
Orders’’). Because the Department had
not yet published an amended final
determination based on the
recommendations of its June 28, 2006
Ministerial Errors Memo, the
Department applied cash deposit rates
from the Final Determination in the DSB
Orders. The Department provides a
complete description of the sequence of
events leading up to the issuance of the
orders in the DSB Orders with
references provided for the relevant
decisions and notices issued by the ITC,
the Department, and the CIT.
1 See Diamond Sawblades and Parts Thereof
From China and Korea, 71 FR 39128 (July 11, 2006)
(‘‘ITC Final Determination’’).
2 See Diamond Sawblades Mfr’s Coalition v.
United States, No. 06–247, Slip Op. 2008–18 (CIT
February 6, 2008).
3 See Diamond Sawblades and Parts Thereof from
China and Korea: Investigation Nos. 731–TA–1092
and 1093 (Final)(Remand), USITC Pub. 4007 (May
2008).
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14127
Federal Register / Vol. 75, No. 56 / Wednesday, March 24, 2010 / Notices
In accordance with the Department’s
findings in the June 28, 2006 Ministerial
Errors Memo and 19 CFR 351.224(e), we
are amending the Final Determination.
The revised weighted-average dumping
margins are as follows:
Final determination
weighted average margin
percentage
Manufacturer/exporter
Amended
weighted average margin
percentage
12.76
26.55
6.43
16.39
8.80
16.88
6.43
11.10
Ehwa ........................................................................................................................................................................
Shinhan ....................................................................................................................................................................
Hyosung Diamond Industrial Co ..............................................................................................................................
All Others .................................................................................................................................................................
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we are directing
U.S. Customs and Border Protection
(‘‘CBP’’) to continue to suspend
liquidation of all entries of DSB from
Korea. CBP shall require a cash deposit
equal to the estimated amount by which
the normal value exceeds the U.S. price
as indicated in the ‘‘amended weightedaverage margin percentage’’ column in
the chart above. These instructions
suspending liquidation will remain in
effect until further notice. We will issue
separate instructions to CBP authorizing
it to refund the antidumping duty
deposits that Ehwa and Shinhan made
in excess of the respective amended
antidumping duty margins for these
manufacturer/exporters since January
23, 2009, the effective date for
suspension of liquidation under the
DSB Orders. We will also issue
instructions to CBP authorizing it to
refund the antidumping duty deposits
companies subject to the all-others rate
made in excess of the amended All
Others rate since January 23, 2009.
srobinson on DSKHWCL6B1PROD with NOTICES
Critical Circumstances
In the Final Determination, the
Department determined that critical
circumstances existed with respect to
Shinhan and the ‘‘All Others’’ rate. On
July 11, 2006, the ITC published its final
determination that an industry in the
United States was not materially injured
or threatened with material injury by
reason of imports of DSB from the PRC
and Korea.4 Pursuant to the ITC’s
original final determination, the
Department instructed CBP to lift
suspension of liquidation on all entries
subject to the investigation.
Accordingly, all entries of subject
merchandise, including those entered
90 days before the imposition of
provisional measures, were liquidated
and the issue of critical circumstances is
moot.
4 See
ITC Final Determination.
VerDate Nov<24>2008
16:24 Mar 23, 2010
Jkt 220001
This amended determination is issued
and published pursuant to section
735(d) of the Act.
Dated: March 18, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2010–6530 Filed 3–23–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign–Trade Zones Board
[Docket 18–2010]
Foreign–Trade Zone 196 -- Fort Worth,
Texas, Application for Reorganization/
Expansion under Alternative Site
Framework
An application has been submitted to
the Foreign–Trade Zones (FTZ) Board
(the Board) by the Alliance Corridor,
Inc., grantee of FTZ 196, requesting
authority to reorganize the zone under
the alternative site framework (ASF)
adopted by the Board (74 FR 1170, 1/12/
09; correction 74 FR 3987, 1/22/09). The
ASF is an option for grantees for the
establishment or reorganization of
general–purpose zones and can permit
significantly greater flexibility in the
designation of new ‘‘usage–driven’’ FTZ
sites for operators/users located within
a grantee’s ‘‘service area’’ in the context
of the Board’s standard 2,000–acre
activation limit for a general–purpose
zone project. The application was
submitted pursuant to the Foreign–
Trade Zones Act, as amended (19 U.S.C.
81a–81u), and the regulations of the
Board (15 CFR part 400). It was formally
filed on March 16, 2010.
FTZ 196 was approved by the Board
on August 31, 1993 (Board Order 651,
58 FR 48826, 9/20/93). The current zone
project includes the following sites: Site
1 (4,470 acres) -- Alliance Center,
located at the Alliance Airport on
Interstate 35W in the Cities of Fort
Worth and Haslet; Site 2 (1,900 acres) -Alliance Gateway, located along State
Highway 170 between Interstate 35W
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and State Highway 114, Fort Worth and
Roanoke; Site 3 (1,600 acres) -- located
at Interstate 35W and State Highway 114
in Northlake; and, Site 4 (1,600 acres) -Hunter Ranch, located on Interstate 35W
in Denton.
The grantee’s proposed service area
under the ASF would be the Alliance
Corridor area located within Denton and
Tarrant Counties, Texas (as detailed in
the application). If approved, the
grantee would be able to serve sites
throughout the service area based on
companies’ needs for FTZ designation.
The proposed service area is adjacent to
the Alliance Customs and Border
Protection user fee airport.
The applicant is requesting to include
its current sites in the reorganized zone
as ‘‘magnet’’ sites. The applicant
proposes that Site 1 be exempt from
‘‘sunset’’ time limits that would
otherwise apply to sites under the ASF.
The applicant is also requesting
approval of a ‘‘usage–driven’’ site in
Denton County: Proposed Site 5 (39
acres) -- Lego Systems, Inc., 300
Freedom Drive, Roanoke (located within
Alliance Gateway 60).
In accordance with the Board’s
regulations, Camille Evans of the FTZ
Staff is designated examiner to evaluate
and analyze the facts and information
presented in the application and case
record and to report findings and
recommendations to the Board.
Public comment is invited from
interested parties. Submissions (original
and 3 copies) shall be addressed to the
Board’s Executive Secretary at the
address below. The closing period for
their receipt is May 24, 2010. Rebuttal
comments in response to material
submitted during the foregoing period
may be submitted during the subsequent
15-day period to June 7, 2010.
A copy of the application will be
available for public inspection at the
Office of the Executive Secretary,
Foreign–Trade Zones Board, Room
2111, U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the Board’s
website, which is accessible via
E:\FR\FM\24MRN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 56 (Wednesday, March 24, 2010)]
[Notices]
[Pages 14126-14127]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6530]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-855]
Amended Final Determination of Sales at Less Than Fair Value:
Diamond Sawblades and Parts Thereof From the Republic of Korea
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: March 24, 2010.
FOR FURTHER INFORMATION CONTACT: David Layton or Brandon Farlander,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-0371 or (202) 482-0182,
respectively.
SUPPLEMENTARY INFORMATION:
Amendment to Final Determination
In accordance with sections 735(a) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), on May 22, 2006, the Department of
Commerce (``the Department'') published its notice of final
determination of sales at less than fair value (``LTFV'') in the
investigation of diamond sawblades and parts thereof (``DSB'') from the
Republic of Korea (``Korea''). See Notice of Final Determination of
Sales at Less Than Fair Value and Final Determination of Critical
Circumstances: Diamond Sawblades and Parts Thereof from the Republic of
Korea, 71 FR 29310 (May 22, 2006) (``Final Determination''). On May 24,
2006, we received allegations, timely filed pursuant to 19 CFR
351.224(c)(2), from Ehwa Diamond Industrial Co., Ltd. (``Ehwa'') and
Shinhan Diamond Industrial Co., Ltd. (``Shinhan'') that the Department
made ministerial errors with respect to its final determination dumping
margin calculations.
A ministerial error, as defined in section 751(h) of the Act,
includes ``errors in addition, subtraction, or other arithmetic
function, clerical errors resulting from inaccurate copying,
duplication, or the like, and any other type of unintentional error
which the (Secretary) considers ministerial.'' See also 19 CFR
351.224(f). After analyzing Ehwa and Shinhan's submissions, we
determined, in accordance with 19 CFR 351.224(e), that we inadvertently
failed to grant Ehwa and Shinhan a constructed export price offset. Our
correction of these errors results in revised margins for Ehwa and
Shinhan. We have revised the calculation of the ``All Others'' rate
accordingly.
The Department provides a detailed discussion of all ministerial
errors alleged by Ehwa and Shinhan, as well as the Department's
analysis in the June 28, 2006, memorandum from the team to Thomas F.
Futtner, Acting Office Director, entitled, ``Ministerial Error
Allegations in the Final Determination of the Antidumping Duty
Investigation on Diamond Sawblades and Parts Thereof from the Republic
of Korea'' (``June 28, 2006 Ministerial Errors Memo'').
During the original investigation, the U.S. International Trade
Commission (``ITC'') published its final determination that an industry
in the United States was not materially injured or threatened with
material injury by reason of imports of DSB from the People's Republic
of China (``PRC'') and Korea.\1\ Therefore, with regard to DSB from
Korea, the Department did not publish an amended final determination
reflecting its ministerial error findings. Subsequently, the
petitioners challenged the ITC's final negative injury determination,
and on February 6, 2008, the U.S. Court of International Trade
(``CIT'') remanded the determination to the ITC for reconsideration.\2\
Upon remand, the ITC changed its determination and found that a U.S.
industry is threatened with material injury by reason of imports of DSB
from the PRC and Korea.\3\
---------------------------------------------------------------------------
\1\ See Diamond Sawblades and Parts Thereof From China and
Korea, 71 FR 39128 (July 11, 2006) (``ITC Final Determination'').
\2\ See Diamond Sawblades Mfr's Coalition v. United States, No.
06-247, Slip Op. 2008-18 (CIT February 6, 2008).
\3\ See Diamond Sawblades and Parts Thereof from China and
Korea: Investigation Nos. 731-TA-1092 and 1093 (Final)(Remand),
USITC Pub. 4007 (May 2008).
---------------------------------------------------------------------------
On November 4, 2009, the Department published antidumping duty
orders and ordered the collection of cash deposits on subject
merchandise covered by the orders. 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) (``DSB
Orders''). Because the Department had not yet published an amended
final determination based on the recommendations of its June 28, 2006
Ministerial Errors Memo, the Department applied cash deposit rates from
the Final Determination in the DSB Orders. The Department provides a
complete description of the sequence of events leading up to the
issuance of the orders in the DSB Orders with references provided for
the relevant decisions and notices issued by the ITC, the Department,
and the CIT.
[[Page 14127]]
In accordance with the Department's findings in the June 28, 2006
Ministerial Errors Memo and 19 CFR 351.224(e), we are amending the
Final Determination. The revised weighted-average dumping margins are
as follows:
------------------------------------------------------------------------
Final
determination Amended
Manufacturer/exporter weighted weighted
average margin average margin
percentage percentage
------------------------------------------------------------------------
Ehwa.................................... 12.76 8.80
Shinhan................................. 26.55 16.88
Hyosung Diamond Industrial Co........... 6.43 6.43
All Others.............................. 16.39 11.10
------------------------------------------------------------------------
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we are
directing U.S. Customs and Border Protection (``CBP'') to continue to
suspend liquidation of all entries of DSB from Korea. CBP shall require
a cash deposit equal to the estimated amount by which the normal value
exceeds the U.S. price as indicated in the ``amended weighted-average
margin percentage'' column in the chart above. These instructions
suspending liquidation will remain in effect until further notice. We
will issue separate instructions to CBP authorizing it to refund the
antidumping duty deposits that Ehwa and Shinhan made in excess of the
respective amended antidumping duty margins for these manufacturer/
exporters since January 23, 2009, the effective date for suspension of
liquidation under the DSB Orders. We will also issue instructions to
CBP authorizing it to refund the antidumping duty deposits companies
subject to the all-others rate made in excess of the amended All Others
rate since January 23, 2009.
Critical Circumstances
In the Final Determination, the Department determined that critical
circumstances existed with respect to Shinhan and the ``All Others''
rate. On July 11, 2006, the ITC published its final determination that
an industry in the United States was not materially injured or
threatened with material injury by reason of imports of DSB from the
PRC and Korea.\4\ Pursuant to the ITC's original final determination,
the Department instructed CBP to lift suspension of liquidation on all
entries subject to the investigation. Accordingly, all entries of
subject merchandise, including those entered 90 days before the
imposition of provisional measures, were liquidated and the issue of
critical circumstances is moot.
---------------------------------------------------------------------------
\4\ See ITC Final Determination.
---------------------------------------------------------------------------
This amended determination is issued and published pursuant to
section 735(d) of the Act.
Dated: March 18, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-6530 Filed 3-23-10; 8:45 am]
BILLING CODE 3510-DS-P
