Amended Final Determination of Sales at Less Than Fair Value: Diamond Sawblades and Parts Thereof From the Republic of Korea, 14126-14127 [2010-6530]

Download as PDF 14126 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 VerDate Nov<24>2008 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. PO 00000 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). E:\FR\FM\24MRN1.SGM 24MRN1 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 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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 24MRN1

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]


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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