Diamond Sawblades and Parts Thereof from the People's Republic of China: Initiation of Antidumping Duty New Shipper Review, 36632-36633 [2010-15216]

Download as PDF 36632 Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Notices Final Results of Review We determine that the following weighted–average dumping margin exists for Trust Chem for the period December 1, 2007 through November 30, 2008: Margin (percent) Exporter Trust Chem Co., Ltd. .................. 30.72 Assessment Rates The Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries pursuant to section 751(a)(1)(B) of the Act and 19 CFR 351.212(b)(1). The Department intends to issue assessment instructions directly to CBP 15 days after the date of publication of the final results of this review. jlentini on DSKJ8SOYB1PROD with NOTICES Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) for subject merchandise exported by Trust Chem, the cash deposit rate will be 30.72 percent, as listed above; (2) for previously investigated or reviewed PRC and non– PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter–specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC– wide rate of 241.32 percent; and (4) for all non–PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non–PRC exporter. The deposit requirements shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. VerDate Mar<15>2010 21:02 Jun 25, 2010 Jkt 220001 Notification Regarding Administrative Protective Orders This notice also serves as a final reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation which is subject to sanction. Disclosure We will disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). We are issuing and publishing the final results and notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: June 21, 2010. Paul Piquado, Acting Deputy Assistant Secretary for Import Administration. Appendix I – List of Issues Addressed in the Accompanying Issues and Decision Memorandum Comment 1. Basis of the Surrogate Financial Ratios Comment 2. Inclusion of Directors’ Salaries and Benefits in SG&A Comment 3. Surrogate Values for Raw Material Inputs Comment 4. Surrogate Value for Nitric Acid Comment 5. Surrogate Value for Chloranil Comment 6. Surrogate Value for Benzene Sulfonyl Chloride [FR Doc. 2010–15638 Filed 6–25–10; 8:45 am] BILLING CODE 3510–DS–S 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 New Shipper Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: June 28, 2010. SUMMARY: The Department of Commerce (‘‘Department’’) has determined that a PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 request for a new shipper review (‘‘NSR’’) of the antidumping duty order on diamond sawblades and parts thereof (‘‘diamond sawblades’’) from the People’s Republic of China (‘‘PRC’’), received on April 30, 2010, meets the statutory and regulatory requirements for initiation. The period of review (‘‘POR’’) for the NSR is January 23, 2009, through April 30, 2010. 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 The notice announcing the antidumping duty order on diamond sawblades from the PRC was published in the Federal Register on November 4, 2009. 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) (‘‘Antidumping Duty Order’’). On April 30, 2010, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (‘‘Act’’), the Department received a NSR request from Pujiang Talent Diamond Tools Co., Ltd. (‘‘PTDT’’). PTDT’s request was properly made on April 30, 2010, May being the semi–annual anniversary of the Antidumping Duty Order. PTDT certified that it is both the producer and exporter of the subject merchandise upon which the request was based. PTDT also submitted a public version of its request, which adequately summarized proprietary information and provided explanations as to why certain proprietary information is not capable of summarization. Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), PTDT certified that it did not export subject merchandise to the United States during the period of investigation (‘‘POI’’). In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), PTDT certified that, since the initiation of the investigation, it has never been affiliated with any PRC exporter or producer who exported subject merchandise to the United States during the POI, including those respondents not individually examined during the investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), PTDT also certified that its export activities were not controlled by the central government of the PRC. E:\FR\FM\28JNN1.SGM 28JNN1 Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Notices In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv)(A), (B), and (C), PTDT submitted documentation establishing the following: (1) the date on which PTDT first shipped subject merchandise for export to the United States; (2) the volume of its first shipment; and (3) the date of its first sale to an unaffiliated customer in the United States. The Department conducted U.S. Customs and Border Protection (‘‘CBP’’) database queries in an attempt to confirm that PTDT’s shipments of subject merchandise had entered the United States for consumption and that liquidation of such entries had been properly suspended for antidumping duties.1 The Department also examined whether the CBP data confirmed that such entries were made during the NSR POR. The information we examined was consistent with that provided by PTDT. Initiation of New Shipper Review jlentini on DSKJ8SOYB1PROD with NOTICES Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(d)(1), we find that the request submitted by PTDT meets the threshold requirements for initiation of a new shipper review for shipments of diamond sawblades from the PRC produced and exported by PTDT. See ‘‘Memorandum to the File From Alan Ray, Case Analyst, New Shipper Initiation Checklist: Diamond Sawblades and Parts Thereof From the People’s Republic of China and the Republic of Korea (A–570–900),’’ dated concurrently with this notice. The POR is January 23, 2009, through April 30, 2010. See 19 CFR 351.214(g)(1)(ii)(B). The Department intends to issue the preliminary results of this NSR no later than 180 days from the date of initiation, and the final results no later than 270 days from the date of initiation. See section 751(a)(2)(B)(iv) of the Act. It is the Department’s usual practice, in cases involving non–market economies, to require that a company seeking to establish eligibility for an 1 The Department only resumed the suspension of liquidation of sawblades and parts on January 23, 2009, as prior to that date, no order was in place because the ITC found in its final determination that domestic parties had not suffered from the importation of diamond sawblades from the PRC. As such, without an order in place, CBP had no authority to suspend the liquidation of entries. On August 30, 2009, the CIT ordered the Department to issue the order, and it was effective retroactive to January 23, 2009. See Antidumping Duty Order. The deposit rates that CBP collected for entries after January 23, 2009, were the antidumping duty rates from the Final Determination. See 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) (‘‘Final Determination’’). VerDate Mar<15>2010 21:02 Jun 25, 2010 Jkt 220001 antidumping duty rate separate from the country–wide rate provide evidence of de jure and de facto absence of government control over the company’s export activities. Accordingly, we will issue questionnaires to PTDT, which will include a section requesting information with regard to PTDT’s export activities for separate rates purposes. The review will proceed if the response provides sufficient indication that PTDT is not subject to either de jure or de facto government control with respect to its exports of subject merchandise. We will instruct CBP to allow, at the option of the importer, the posting, until the completion of the review, of a bond or security in lieu of a cash deposit for each entry of the subject merchandise from PTDT in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because PTDT certified that it both produced and exported the subject merchandise, the sale of which is the basis for this new shipper review request, we will apply the bonding privilege to PTDT only for subject merchandise which PTDT both produced and exported. Interested parties requiring access to proprietary information in this NSR should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). Dated: June 17, 2010. Gary Taverman, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2010–15216 Filed 6–25–10; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Institute of Standards and Technology National Telecommunications and Information Administration International Trade Administration Cybersecurity and Innovation in the Information Economy AGENCY: National Institute of Standards and Technology, National Telecommunications and Information Administration, and International Trade Administration, U.S. Department of Commerce. ACTION: Notice of public meeting. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 36633 SUMMARY: The National Institute of Standards and Technology (NIST), the National Telecommunications and Information Administration (NTIA), and the International Trade Administration (ITA), on behalf of the U.S. Department of Commerce (Department), will hold a public meeting on July 27, 2010, to discuss the relationship between cybersecurity in the commercial space and innovation in the Internet economy. DATES: The meeting will be held on July 27, 2010, from 9 a.m. to 4:45 p.m., Eastern Daylight Time. Registration will begin at 8:30 a.m. ADDRESSES: The meeting will be held in the Amphitheater of the Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Avenue, NW., Washington, DC 20006. All major entrances to the building are accessible to people with disabilities. FOR FURTHER INFORMATION CONTACT: For further information regarding the meeting, contact W. Curt Barker by email at william.barker@nist.gov or by phone at (202) 482–0935. SUPPLEMENTARY INFORMATION: Recognizing the vital importance of the Internet to U.S. economic growth and innovation, the Department has made it a top priority to ensure that the Internet remains a vehicle for these important purposes. The Department has assembled an Internet Policy Task Force (Task Force), comprised of Department officials, whose mission is to identify leading public policy and operational challenges in the Internet environment. The Task Force leverages expertise across many bureaus, including those responsible for domestic and international information and communications policy, international trade, cybersecurity standards and best practices, intellectual property, business advocacy and export control. As part of the Task Force agenda, NIST, NTIA, and ITA are conducting a comprehensive review of cybersecurity and innovation in the Internet economy, with a particular emphasis on the security practices of those businesses that operate non-critical infrastructure. To facilitate this review, on July 27, 2010, NIST, NTIA, and ITA will hold a public meeting to discuss stakeholder views and to encourage public discussion of cybersecurity policy in the United States. The event will seek participation and comment from all interested stakeholders, including the commercial, academic, and civil society sectors, on the impact of current cybersecurity law and governmental policy, the common and emerging techniques used in successful cybersecurity strategies, and the relative E:\FR\FM\28JNN1.SGM 28JNN1

Agencies

[Federal Register Volume 75, Number 123 (Monday, June 28, 2010)]
[Notices]
[Pages 36632-36633]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15216]


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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 of Antidumping Duty New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: June 28, 2010.
SUMMARY:  The Department of Commerce (``Department'') has determined 
that a request for a new shipper review (``NSR'') of the antidumping 
duty order on diamond sawblades and parts thereof (``diamond 
sawblades'') from the People's Republic of China (``PRC''), received on 
April 30, 2010, meets the statutory and regulatory requirements for 
initiation. The period of review (``POR'') for the NSR is January 23, 
2009, through April 30, 2010.

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

    The notice announcing the antidumping duty order on diamond 
sawblades from the PRC was published in the Federal Register on 
November 4, 2009. 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) (``Antidumping Duty Order''). On 
April 30, 2010, pursuant to section 751(a)(2)(B)(i) of the Tariff Act 
of 1930, as amended (``Act''), the Department received a NSR request 
from Pujiang Talent Diamond Tools Co., Ltd. (``PTDT''). PTDT's request 
was properly made on April 30, 2010, May being the semi-annual 
anniversary of the Antidumping Duty Order. PTDT certified that it is 
both the producer and exporter of the subject merchandise upon which 
the request was based. PTDT also submitted a public version of its 
request, which adequately summarized proprietary information and 
provided explanations as to why certain proprietary information is not 
capable of summarization.
    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), PTDT certified that it did not export subject 
merchandise to the United States during the period of investigation 
(``POI''). In addition, pursuant to section 751(a)(2)(B)(i)(II) of the 
Act and 19 CFR 351.214(b)(2)(iii)(A), PTDT certified that, since the 
initiation of the investigation, it has never been affiliated with any 
PRC exporter or producer who exported subject merchandise to the United 
States during the POI, including those respondents not individually 
examined during the investigation. As required by 19 CFR 
351.214(b)(2)(iii)(B), PTDT also certified that its export activities 
were not controlled by the central government of the PRC.

[[Page 36633]]

    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv)(A), (B), and (C), PTDT submitted documentation 
establishing the following: (1) the date on which PTDT first shipped 
subject merchandise for export to the United States; (2) the volume of 
its first shipment; and (3) the date of its first sale to an 
unaffiliated customer in the United States.
    The Department conducted U.S. Customs and Border Protection 
(``CBP'') database queries in an attempt to confirm that PTDT's 
shipments of subject merchandise had entered the United States for 
consumption and that liquidation of such entries had been properly 
suspended for antidumping duties.\1\ The Department also examined 
whether the CBP data confirmed that such entries were made during the 
NSR POR. The information we examined was consistent with that provided 
by PTDT.
---------------------------------------------------------------------------

    \1\ The Department only resumed the suspension of liquidation of 
sawblades and parts on January 23, 2009, as prior to that date, no 
order was in place because the ITC found in its final determination 
that domestic parties had not suffered from the importation of 
diamond sawblades from the PRC. As such, without an order in place, 
CBP had no authority to suspend the liquidation of entries. On 
August 30, 2009, the CIT ordered the Department to issue the order, 
and it was effective retroactive to January 23, 2009. See 
Antidumping Duty Order. The deposit rates that CBP collected for 
entries after January 23, 2009, were the antidumping duty rates from 
the Final Determination. See 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) (``Final 
Determination'').
---------------------------------------------------------------------------

Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), we find that the request submitted by PTDT meets the 
threshold requirements for initiation of a new shipper review for 
shipments of diamond sawblades from the PRC produced and exported by 
PTDT. See ``Memorandum to the File From Alan Ray, Case Analyst, New 
Shipper Initiation Checklist: Diamond Sawblades and Parts Thereof From 
the People's Republic of China and the Republic of Korea (A-570-900),'' 
dated concurrently with this notice. The POR is January 23, 2009, 
through April 30, 2010. See 19 CFR 351.214(g)(1)(ii)(B). The Department 
intends to issue the preliminary results of this NSR no later than 180 
days from the date of initiation, and the final results no later than 
270 days from the date of initiation. See section 751(a)(2)(B)(iv) of 
the Act.
    It is the Department's usual practice, in cases involving non-
market economies, to require that a company seeking to establish 
eligibility for an antidumping duty rate separate from the country-wide 
rate provide evidence of de jure and de facto absence of government 
control over the company's export activities. Accordingly, we will 
issue questionnaires to PTDT, which will include a section requesting 
information with regard to PTDT's export activities for separate rates 
purposes. The review will proceed if the response provides sufficient 
indication that PTDT is not subject to either de jure or de facto 
government control with respect to its exports of subject merchandise.
    We will instruct CBP to allow, at the option of the importer, the 
posting, until the completion of the review, of a bond or security in 
lieu of a cash deposit for each entry of the subject merchandise from 
PTDT in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 
351.214(e). Because PTDT certified that it both produced and exported 
the subject merchandise, the sale of which is the basis for this new 
shipper review request, we will apply the bonding privilege to PTDT 
only for subject merchandise which PTDT both produced and exported.
    Interested parties requiring access to proprietary information in 
this NSR should submit applications for disclosure under administrative 
protective order in accordance with 19 CFR 351.305 and 351.306. This 
initiation and notice are in accordance with section 751(a)(2)(B) of 
the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: June 17, 2010.
Gary Taverman,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-15216 Filed 6-25-10; 8:45 am]
BILLING CODE 3510-DS-S