Diamond Sawblades and Parts Thereof From the People's Republic of China: Preliminary Results and Preliminary Intent To Terminate, in Part, Antidumping Duty Changed Circumstances Review and Extension of Time Limit for Final Results, 38357-38359 [2011-16498]
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Federal Register / Vol. 76, No. 126 / Thursday, June 30, 2011 / Notices
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 Web site,
which is accessible via https://
www.trade.gov/ftz. For further
information, contact Camille Evans at
Camille.Evans@trade.gov or (202) 482–
2350.
Dated: June 24, 2011.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2011–16486 Filed 6–29–11; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 1772]
srobinson on DSK4SPTVN1PROD with NOTICES
Reorganization of Foreign-Trade Zone
102, Under Alternative Site Framework;
St. Louis, MO
Pursuant to its authority under the
Foreign-Trade Zones Act of June 18,
1934, as amended (19 U.S.C. 81a–81u),
the Foreign-Trade Zones Board (the
Board) adopts the following Order:
Whereas, the Board adopted the
alternative site framework (ASF) in
December 2008 (74 FR 1170–1173, 01/
12/2009; correction 74 FR 3987, 01/22/
2009; 75 FR 71069–71070, 11/22/2010)
as an option for the establishment or
reorganization of general-purpose zones;
Whereas, the St. Louis County Port
Authority, grantee of FTZ 102,
submitted an application to the Board
(FTZ Docket 61–2010, filed 10/19/2010)
for authority to reorganize under the
ASF with a service area that includes
the City of St. Louis and St. Louis
County, Missouri, within and adjacent
to the St. Louis Customs and Border
Protection port of entry; FTZ 102’s
existing Sites 3A, 3B and 3C would be
renumbered as Sites 3, 4 and 5,
respectively; Sites 2, 3, 4 and 5 would
be categorized as magnet sites; and, Site
1 would be categorized as a usagedriven site;
Whereas, notice inviting public
comment was given in the Federal
Register (75 FR 65612–65613, 10/26/
2010) and the application has been
processed pursuant to the FTZ Act and
the Board’s regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and
Board’s regulations are satisfied, and
that the proposal is in the public
interest;
Now, Therefore, the Board hereby
orders:
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16:24 Jun 29, 2011
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The application to reorganize and
expand FTZ 102 under the alternative
site framework is approved, subject to
the FTZ Act and the Board’s regulations,
including Section 400.28, to the Board’s
standard 2,000-acre activation limit for
the overall general-purpose zone
project, to a five-year ASF sunset
provision for magnet sites that would
terminate authority for Sites 3, 4 and 5
if not activated by June 30, 2016, and to
a three-year ASF sunset provision for
usage-driven sites that would terminate
authority for Site 1 if no foreign-status
merchandise is admitted for a bona fide
customs purpose by June 30, 2014.
38357
SUPPLEMENTARY INFORMATION:
Case History
On August 13, 2010, the Diamond
Sawblades Manufacturers Coalition
(‘‘DSMC’’) filed a submission to the
Department requesting that it conduct a
CCR of the antidumping duty order on
diamond sawblades and parts thereof
from the People’s Republic of China
(‘‘PRC’’) to determine whether Hebei
Husqvarna is the successor-in-interest to
Electrolux Construction Products
(Xiamen) Co. Ltd. (‘‘Electrolux’’),
Husqvarna Holding AB, or is an
altogether new entity that would
therefore be subject the PRC-wide rate.
Signed at Washington, DC, this 22nd day
On August 20, 2010, the DSMC
of June 2011.
submitted further information
Ronald K. Lorentzen,
supporting its claim that Hebei
Deputy Assistant Secretary for Import
Administration, Alternate Chairman, Foreign- Husqvarna should be found to be the
successor-in-interest to Electrolux,
Trade Zones Board.
ATTEST: llllllllllllll Husqvarna Holding AB, or found to be
a new entity. On September 13, 2010,
Andrew McGilvray,
Respondent 1 submitted to the
Executive Secretary.
Department a request for a CCR,
contending that Hebei Husqvarna
[FR Doc. 2011–16484 Filed 6–29–11; 8:45 am]
should be considered the successor-inBILLING CODE P
interest to Hebei Jikai. On September 30,
2010, the Department initiated a CCR
DEPARTMENT OF COMMERCE
based on these two requests but did not
expedite the review, as requested by
International Trade Administration
Respondent, because the Department
required additional information to
[A–570–900]
perform the successor-in-interest
Diamond Sawblades and Parts Thereof analysis.2
Between October 13, 2010, and April
From the People’s Republic of China:
12, 2011, Hebei Husqvarna and the
Preliminary Results and Preliminary
DSMC submitted questionnaire
Intent To Terminate, in Part,
responses and comments regarding the
Antidumping Duty Changed
successor-in-interest factors that the
Circumstances Review and Extension
of Time Limit for Final Results
Department considers in making a
determination. In its April 12, 2011,
AGENCY: Import Administration,
submission, the DSMC argued that the
International Trade Administration,
Department should apply adverse facts
Department of Commerce.
available (‘‘AFA’’) to Hebei Husqvarna
SUMMARY: The Department of Commerce
(‘‘Department’’) is conducting a changed and terminate the review because Hebei
Husqvarna failed to provide complete
circumstances review (‘‘CCR’’) of the
information for two of the four criteria
antidumping duty order on diamond
(described below) that the Department
sawblades and parts thereof from the
typically examines in a successor-inPeople’s Republic of China (‘‘PRC’’)
interest analysis.
pursuant to section 751(b) of the Tariff
Act of 1930, as amended (‘‘Act’’), and 19 Scope of the Order
CFR 351.216(d). We preliminarily
The products covered by the order are
determine that Hebei Husqvarna-Jikai
all finished circular sawblades, whether
Diamond Tools Co., Ltd. (‘‘Hebei
slotted or not, with a working part that
Husqvarna’’) is not the successor-ininterest to Hebei Jikai Industrial Group
1 The second request for initiation of a changed
Co., Ltd. (‘‘Hebei Jikai’’), but is instead
circumstances review was submitted on behalf of
a new entity.
Husqvarna Construction Products North America,
Inc., Hebei Jikai, and Hebei Husqvarna, collectively
DATES: Effective Date: June 30, 2011.
(‘‘Respondent’’). However, because the Department
FOR FURTHER INFORMATION CONTACT:
requested and received information from individual
Alan Ray, AD/CVD Operations, Office 9, companies that compose Respondent, in certain
instances the Department will refer to specific
Import Administration, International
companies.
Trade Administration, U.S. Department
2 See Diamond Sawblades and Parts Thereof
of Commerce, 14th Street and
From the People’s Republic of China: Initiation of
Constitution Avenue, NW., Washington, Antidumping Duty Changed Circumstances Review,
75 FR 60409 (September 30, 2010) (‘‘Initiation’’).
DC 20230; telephone: (202) 482–5403.
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38358
Federal Register / Vol. 76, No. 126 / Thursday, June 30, 2011 / Notices
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is comprised of a diamond segment or
segments, and parts thereof, regardless
of specification or size, except as
specifically excluded below. Within the
scope of the order are semifinished
diamond sawblades, including diamond
sawblade cores and diamond sawblade
segments. Diamond sawblade cores are
circular steel plates, whether or not
attached to non-steel plates, with slots.
Diamond sawblade cores are
manufactured principally, but not
exclusively, from alloy steel. A diamond
sawblade segment consists of a mixture
of diamonds (whether natural or
synthetic, and regardless of the quantity
of diamonds) and metal powders
(including, but not limited to, iron,
cobalt, nickel, tungsten carbide) that are
formed together into a solid shape (from
generally, but not limited to, a heating
and pressing process).
Sawblades with diamonds directly
attached to the core with a resin or
electroplated bond, which thereby do
not contain a diamond segment, are not
included within the scope of the order.
Diamond sawblades and/or sawblade
cores with a thickness of less than 0.025
inches, or with a thickness greater than
1.1 inches, are excluded from the scope
of the order. Circular steel plates that
have a cutting edge of non-diamond
material, such as external teeth that
protrude from the outer diameter of the
plate, whether or not finished, are
excluded from the scope of the order.
Diamond sawblade cores with a
Rockwell C hardness of less than 25 are
excluded from the scope of the order.
Diamond sawblades and/or diamond
segment(s) with diamonds that
predominantly have a mesh size number
greater than 240 (such as 250 or 260) are
excluded from the scope of the order.
Merchandise subject to the order is
typically imported under heading
8202.39.00.00 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’’). When packaged together as
a set for retail sale with an item that is
separately classified under headings
8202 to 8205 of the HTSUS, diamond
sawblades or parts thereof may be
imported under heading 8206.00.00.00
of the HTSUS. The tariff classification is
provided for convenience and customs
purposes; however, the written
description of the scope of the order is
dispositive.
Preliminary Termination of CCR Based
Upon DSMC’s Request
In its August 13, 2010, and August 20,
2010, submissions, the DSMC requested
that the Department initiate a CCR and
find that Hebei Husqvarna is a
successor-in-interest to Electrolux,
Husqvarna Holding AB, or is an
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16:24 Jun 29, 2011
Jkt 223001
altogether new entity. Operationally, a
finding that Hebei Husqvarna is the
successor-in-interest to Electrolux,
Husqvarna Holding AB, or an altogether
new entity, would result in a
continuation of the status quo in terms
of cash deposit requirements. Unless the
Department concludes that Hebei
Husqvarna is the successor-in-interest to
Hebei Jikai, all exports to the United
States should be subject to the PRCwide antidumping duty rate of 164.09
percent. Therefore, the Department is
preliminarily terminating this review
under the request submitted by the
DSMC, as the completion of the review
based upon its request would not result
in any possible change with respect to
Hebei Husqvarna’s appropriate
antidumping duty cash deposit rate.
Successor-in-Interest Determination
Based Upon Respondent’s Request
In making a successor-in-interest
determination, the Department typically
examines several factors including, but
not limited to: (1) Management; (2)
production facilities; (3) supplier
relationships; and (4) customer base.3
While no single factor or combination of
these factors will necessarily be
dispositive, the Department will
generally consider the new company to
be the successor to the previous
company if its resulting operation is not
materially dissimilar to that of its
predecessor.4 Respondent provided
complete information with respect to
management, production facilities, and
Hebei Husqvarna’s and Electrolux’s
suppliers and customers. The
Department requested information
regarding Hebei Jikai. Specifically, the
Department requested the quantity and
value of subject merchandise that it had
sold to its largest customers, as well as
the percentage of inputs accounted for
by Hebei Jikai’s largest suppliers. Hebei
Husqvarna did not provide this
information to the Department.5
Preliminary Results
On September 14, 2006, Husqvarna
Holding AB and Hebei Jikai agreed to
form a joint venture company, Hebei
Husqvarna, in China to produce and sell
diamond tools, including diamond
3 See Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam: Final Results of the
Antidumping Duty Administrative Review and New
Shipper Reviews, 75 FR 12726 (March 17, 2010) and
accompanying Issues and Decision Memorandum at
Comment 7.
4 See Fresh and Chilled Atlantic Salmon From
Norway: Final Results of Changed Circumstances
Antidumping Duty Administrative Review, 64 FR
9979, 9980 (March 1, 1999).
5 See Respondent’s April 4, 2011, submission.
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Sfmt 4703
sawblades.6 Based on the facts
surrounding the formation of the joint
venture and the subsequent
restructuring described in the
accompanying memorandum, and in
accordance with 19 CFR
351.221(c)(3)(i), we preliminarily
determine that Hebei Husqvarna is not
the successor-in-interest to Hebei Jikai
but is instead a new entity.7 The
Department disagreed with the DSMC in
its request to terminate the review,
given Respondent’s failure to provide
the Department with information
regarding Hebei Jikai’s customers and
suppliers. The Department finds that
Hebei Husqvarna’s and Hebei Jikai’s
omission does not provide a sufficient
basis to terminate the review, as the
Department could continue to perform
the successor-in-interest analysis. With
respect to the four factors that the
Department typically examines, we
preliminarily find that, first, the
management and board of directors that
had been in place at Hebei Jikai have
significantly changed. Second, we find
that production facilities of Hebei
Husqvarna are substantially the same as
those of Hebei Jikai. Finally, because
Respondent provided incomplete
information regarding changes in
customers and suppliers, we cannot
conclude that for those two factors
Hebei Husqvarna is materially the same
as Hebei Jikai. We note that even with
the limited information regarding Hebei
Jikai’s customers and suppliers on the
record, there appears to have been a
significant change in customer base.
Therefore, in considering the totality of
the information we have on the record,
the Department preliminarily
determines that Hebei Husqvarna is not
the successor-in-interest to Hebei Jikai.
Furthermore, the Department finds the
application of AFA, as argued by the
DSMC, is unnecessary.
In conclusion, as a result of this
determination, we preliminarily find
that Hebei Husqvarna remains subject to
the PRC-wide antidumping duty cash
deposit rate of 164.09 percent with
respect to the subject merchandise. If
the above preliminary results are
affirmed in the Department’s final
results, the cash deposit rate resulting
from this changed circumstances review
will apply to all entries of the subject
6 See Respondent’s September 13, 2010,
submission at page 7.
7 For a complete discussion involving the
business proprietary information involving the four
criteria noted above, see Memorandum to James C.
Doyle, Office Director, Through Matthew Renkey,
Acting Program Manager, From Alan Ray, Case
Analyst, Diamond Sawblades and Parts Thereof
from the People’s Republic of China: Successor-inInterest Analysis, dated concurrently with the
signature of this notice.
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30JNN1
38359
Federal Register / Vol. 76, No. 126 / Thursday, June 30, 2011 / Notices
merchandise from Hebei Husqvarna,
entered or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
changed circumstances review.8 Finally,
we note that the 48.5 percent rate that
Hebei Jikai received in the investigation
continues to apply only to subject
merchandise that was both produced
and exported by Hebei Jikai and would
not be applicable to merchandise
produced by Hebei Husqvarna and
exported by Hebei Jikai.
Public Comment
Interested parties are invited to
comment on these preliminary results.
Written comments may be submitted no
later than seven days after the
publication of these preliminary
results.9 Rebuttals to written comments,
limited to issues raised in such
comments, may be filed no later than 12
days after the publication of these
preliminary results.10 All written
comments shall be submitted in
accordance with 19 CFR 351.303. Any
interested party may request a hearing
within 14 days of publication of this
notice.11 Any hearing, if requested, will
be held no later than 30 days after the
date of publication of this notice, or the
first workday thereafter.12 Persons
interested in attending the hearing, if
one is requested, should contact the
Department for the date and time of
hearing.
Extension of Time Limit for the Final
Results
In the Initiation, the Department
stated that it would issue the final
results of the review within 270 days
after the date on which the changed
circumstances review was initiated.
However, it is not practicable to
complete the review within this time
period. Accordingly, pursuant to 19 CFR
351.302(b), we are extending the time
limit by 55 days.
The Department finds that it is not
practicable to complete this review
within the original time frame as it is
granting interested parties seven days
from the date of publication of this
notice to submit comments, five
additional days to submit rebuttal
comments. Furthermore, the
Department is providing parties the
opportunity to request a hearing
pertaining to these preliminary results.
Consequently, in accordance with 19
CFR 351.302(b), the Department is
extending the time period for issuing
the final results in this review by 55
days. Therefore, the final results will be
due no later than August 18, 2011.
We are issuing and publishing these
preliminary results and notice in
accordance with sections 751(b)(1) and
777(i)(1) and (2) of the Act and 19 CFR
351.216 and 351.221(c)(3).
Dated: June 24, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2011–16498 Filed 6–29–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Quarterly Update to Annual Listing of
Foreign Government Subsidies on
Articles of Cheese Subject to an InQuota Rate of Duty
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: June 30, 2011.
FOR FURTHER INFORMATION CONTACT:
Gayle Longest, AD/CVD Operations,
Office 3, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Ave., NW.,
Washington, DC 20230, telephone: (202)
482–3338.
SUPPLEMENTARY INFORMATION: Section
702 of the Trade Agreements Act of
1979 (as amended) (‘‘the Act’’) requires
the Department of Commerce (‘‘the
AGENCY:
Department’’) to determine, in
consultation with the Secretary of
Agriculture, whether any foreign
government is providing a subsidy with
respect to any article of cheese subject
to an in-quota rate of duty, as defined
in section 702(h) of the Act, and to
publish an annual list and quarterly
updates to the type and amount of those
subsidies. We hereby provide the
Department’s quarterly update of
subsidies on articles of cheese that were
imported during the period January 1,
2011, through March 31, 2011.
The Department has developed, in
consultation with the Secretary of
Agriculture, information on subsidies
(as defined in section 702(h) of the Act)
being provided either directly or
indirectly by foreign governments on
articles of cheese subject to an in-quota
rate of duty. The appendix to this notice
lists the country, the subsidy program or
programs, and the gross and net
amounts of each subsidy for which
information is currently available. The
Department will incorporate additional
programs which are found to constitute
subsidies, and additional information
on the subsidy programs listed, as the
information is developed.
The Department encourages any
person having information on foreign
government subsidy programs which
benefit articles of cheese subject to an
in-quota rate of duty to submit such
information in writing to the Assistant
Secretary for Import Administration,
U.S. Department of Commerce, 14th
Street and Constitution Ave., NW.,
Washington, DC 20230.
This determination and notice are in
accordance with section 702(a) of the
Act.
Dated: June 22, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix—Subsidy Programs on
Cheese Subject to an In-Quota Rate of
Duty
Gross 1 subsidy
($/lb)
Net 2 subsidy
($/lb)
Program(s)
27 European Union Member States 3 ......................
Canada .....................................................................
Norway ......................................................................
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Country
European Union Restitution Payments ....................
Export Assistance on Certain Types of Cheese ......
Indirect (Milk) Subsidy ..............................................
Consumer Subsidy ...................................................
$ 0.00
0.35
0.00
0.00
$0.00
0.35
0.00
0.00
Switzerland ...............................................................
Total ...................................................................
Deficiency Payments ................................................
0.00
0.00
0.00
0.00
1 Defined
2 Defined
in 19 U.S.C. 1677(5).
in 19 U.S.C. 1677(6).
8 See Pressure Sensitive Plastic Tape from Italy:
Final Results of Antidumping Duty Changed
Circumstances Review, 75 FR 27706 (May 18, 2010).
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16:24 Jun 29, 2011
Jkt 223001
9 See
19 CFR 351.309(c)(ii).
19 CFR 351.309(d).
10 See
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11 See
12 See
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19 CFR 351.309(d)(i).
19 CFR 351.310(d)(1).
30JNN1
]]>Agencies
[Federal Register Volume 76, Number 126 (Thursday, June 30, 2011)]
[Notices]
[Pages 38357-38359]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16498]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-900]
Diamond Sawblades and Parts Thereof From the People's Republic of
China: Preliminary Results and Preliminary Intent To Terminate, in
Part, Antidumping Duty Changed Circumstances Review and Extension of
Time Limit for Final Results
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting a
changed circumstances review (``CCR'') of the antidumping duty order on
diamond sawblades and parts thereof from the People's Republic of China
(``PRC'') pursuant to section 751(b) of the Tariff Act of 1930, as
amended (``Act''), and 19 CFR 351.216(d). We preliminarily determine
that Hebei Husqvarna-Jikai Diamond Tools Co., Ltd. (``Hebei
Husqvarna'') is not the successor-in-interest to Hebei Jikai Industrial
Group Co., Ltd. (``Hebei Jikai''), but is instead a new entity.
DATES: Effective Date: June 30, 2011.
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:
Case History
On August 13, 2010, the Diamond Sawblades Manufacturers Coalition
(``DSMC'') filed a submission to the Department requesting that it
conduct a CCR of the antidumping duty order on diamond sawblades and
parts thereof from the People's Republic of China (``PRC'') to
determine whether Hebei Husqvarna is the successor-in-interest to
Electrolux Construction Products (Xiamen) Co. Ltd. (``Electrolux''),
Husqvarna Holding AB, or is an altogether new entity that would
therefore be subject the PRC-wide rate. On August 20, 2010, the DSMC
submitted further information supporting its claim that Hebei Husqvarna
should be found to be the successor-in-interest to Electrolux,
Husqvarna Holding AB, or found to be a new entity. On September 13,
2010, Respondent \1\ submitted to the Department a request for a CCR,
contending that Hebei Husqvarna should be considered the successor-in-
interest to Hebei Jikai. On September 30, 2010, the Department
initiated a CCR based on these two requests but did not expedite the
review, as requested by Respondent, because the Department required
additional information to perform the successor-in-interest
analysis.\2\
---------------------------------------------------------------------------
\1\ The second request for initiation of a changed circumstances
review was submitted on behalf of Husqvarna Construction Products
North America, Inc., Hebei Jikai, and Hebei Husqvarna, collectively
(``Respondent''). However, because the Department requested and
received information from individual companies that compose
Respondent, in certain instances the Department will refer to
specific companies.
\2\ See Diamond Sawblades and Parts Thereof From the People's
Republic of China: Initiation of Antidumping Duty Changed
Circumstances Review, 75 FR 60409 (September 30, 2010)
(``Initiation'').
---------------------------------------------------------------------------
Between October 13, 2010, and April 12, 2011, Hebei Husqvarna and
the DSMC submitted questionnaire responses and comments regarding the
successor-in-interest factors that the Department considers in making a
determination. In its April 12, 2011, submission, the DSMC argued that
the Department should apply adverse facts available (``AFA'') to Hebei
Husqvarna and terminate the review because Hebei Husqvarna failed to
provide complete information for two of the four criteria (described
below) that the Department typically examines in a successor-in-
interest analysis.
Scope of the Order
The products covered by the order are all finished circular
sawblades, whether slotted or not, with a working part that
[[Page 38358]]
is comprised of a diamond segment or segments, and parts thereof,
regardless of specification or size, except as specifically excluded
below. Within the scope of the order are semifinished diamond
sawblades, including diamond sawblade cores and diamond sawblade
segments. Diamond sawblade cores are circular steel plates, whether or
not attached to non-steel plates, with slots. Diamond sawblade cores
are manufactured principally, but not exclusively, from alloy steel. A
diamond sawblade segment consists of a mixture of diamonds (whether
natural or synthetic, and regardless of the quantity of diamonds) and
metal powders (including, but not limited to, iron, cobalt, nickel,
tungsten carbide) that are formed together into a solid shape (from
generally, but not limited to, a heating and pressing process).
Sawblades with diamonds directly attached to the core with a resin
or electroplated bond, which thereby do not contain a diamond segment,
are not included within the scope of the order. Diamond sawblades and/
or sawblade cores with a thickness of less than 0.025 inches, or with a
thickness greater than 1.1 inches, are excluded from the scope of the
order. Circular steel plates that have a cutting edge of non-diamond
material, such as external teeth that protrude from the outer diameter
of the plate, whether or not finished, are excluded from the scope of
the order. Diamond sawblade cores with a Rockwell C hardness of less
than 25 are excluded from the scope of the order. Diamond sawblades
and/or diamond segment(s) with diamonds that predominantly have a mesh
size number greater than 240 (such as 250 or 260) are excluded from the
scope of the order. Merchandise subject to the order is typically
imported under heading 8202.39.00.00 of the Harmonized Tariff Schedule
of the United States (``HTSUS'''). When packaged together as a set for
retail sale with an item that is separately classified under headings
8202 to 8205 of the HTSUS, diamond sawblades or parts thereof may be
imported under heading 8206.00.00.00 of the HTSUS. The tariff
classification is provided for convenience and customs purposes;
however, the written description of the scope of the order is
dispositive.
Preliminary Termination of CCR Based Upon DSMC's Request
In its August 13, 2010, and August 20, 2010, submissions, the DSMC
requested that the Department initiate a CCR and find that Hebei
Husqvarna is a successor-in-interest to Electrolux, Husqvarna Holding
AB, or is an altogether new entity. Operationally, a finding that Hebei
Husqvarna is the successor-in-interest to Electrolux, Husqvarna Holding
AB, or an altogether new entity, would result in a continuation of the
status quo in terms of cash deposit requirements. Unless the Department
concludes that Hebei Husqvarna is the successor-in-interest to Hebei
Jikai, all exports to the United States should be subject to the PRC-
wide antidumping duty rate of 164.09 percent. Therefore, the Department
is preliminarily terminating this review under the request submitted by
the DSMC, as the completion of the review based upon its request would
not result in any possible change with respect to Hebei Husqvarna's
appropriate antidumping duty cash deposit rate.
Successor-in-Interest Determination Based Upon Respondent's Request
In making a successor-in-interest determination, the Department
typically examines several factors including, but not limited to: (1)
Management; (2) production facilities; (3) supplier relationships; and
(4) customer base.\3\ While no single factor or combination of these
factors will necessarily be dispositive, the Department will generally
consider the new company to be the successor to the previous company if
its resulting operation is not materially dissimilar to that of its
predecessor.\4\ Respondent provided complete information with respect
to management, production facilities, and Hebei Husqvarna's and
Electrolux's suppliers and customers. The Department requested
information regarding Hebei Jikai. Specifically, the Department
requested the quantity and value of subject merchandise that it had
sold to its largest customers, as well as the percentage of inputs
accounted for by Hebei Jikai's largest suppliers. Hebei Husqvarna did
not provide this information to the Department.\5\
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\3\ See Certain Frozen Fish Fillets From the Socialist Republic
of Vietnam: Final Results of the Antidumping Duty Administrative
Review and New Shipper Reviews, 75 FR 12726 (March 17, 2010) and
accompanying Issues and Decision Memorandum at Comment 7.
\4\ See Fresh and Chilled Atlantic Salmon From Norway: Final
Results of Changed Circumstances Antidumping Duty Administrative
Review, 64 FR 9979, 9980 (March 1, 1999).
\5\ See Respondent's April 4, 2011, submission.
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Preliminary Results
On September 14, 2006, Husqvarna Holding AB and Hebei Jikai agreed
to form a joint venture company, Hebei Husqvarna, in China to produce
and sell diamond tools, including diamond sawblades.\6\ Based on the
facts surrounding the formation of the joint venture and the subsequent
restructuring described in the accompanying memorandum, and in
accordance with 19 CFR 351.221(c)(3)(i), we preliminarily determine
that Hebei Husqvarna is not the successor-in-interest to Hebei Jikai
but is instead a new entity.\7\ The Department disagreed with the DSMC
in its request to terminate the review, given Respondent's failure to
provide the Department with information regarding Hebei Jikai's
customers and suppliers. The Department finds that Hebei Husqvarna's
and Hebei Jikai's omission does not provide a sufficient basis to
terminate the review, as the Department could continue to perform the
successor-in-interest analysis. With respect to the four factors that
the Department typically examines, we preliminarily find that, first,
the management and board of directors that had been in place at Hebei
Jikai have significantly changed. Second, we find that production
facilities of Hebei Husqvarna are substantially the same as those of
Hebei Jikai. Finally, because Respondent provided incomplete
information regarding changes in customers and suppliers, we cannot
conclude that for those two factors Hebei Husqvarna is materially the
same as Hebei Jikai. We note that even with the limited information
regarding Hebei Jikai's customers and suppliers on the record, there
appears to have been a significant change in customer base. Therefore,
in considering the totality of the information we have on the record,
the Department preliminarily determines that Hebei Husqvarna is not the
successor-in-interest to Hebei Jikai. Furthermore, the Department finds
the application of AFA, as argued by the DSMC, is unnecessary.
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\6\ See Respondent's September 13, 2010, submission at page 7.
\7\ For a complete discussion involving the business proprietary
information involving the four criteria noted above, see Memorandum
to James C. Doyle, Office Director, Through Matthew Renkey, Acting
Program Manager, From Alan Ray, Case Analyst, Diamond Sawblades and
Parts Thereof from the People's Republic of China: Successor-in-
Interest Analysis, dated concurrently with the signature of this
notice.
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In conclusion, as a result of this determination, we preliminarily
find that Hebei Husqvarna remains subject to the PRC-wide antidumping
duty cash deposit rate of 164.09 percent with respect to the subject
merchandise. If the above preliminary results are affirmed in the
Department's final results, the cash deposit rate resulting from this
changed circumstances review will apply to all entries of the subject
[[Page 38359]]
merchandise from Hebei Husqvarna, entered or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this changed circumstances review.\8\ Finally, we note that
the 48.5 percent rate that Hebei Jikai received in the investigation
continues to apply only to subject merchandise that was both produced
and exported by Hebei Jikai and would not be applicable to merchandise
produced by Hebei Husqvarna and exported by Hebei Jikai.
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\8\ See Pressure Sensitive Plastic Tape from Italy: Final
Results of Antidumping Duty Changed Circumstances Review, 75 FR
27706 (May 18, 2010).
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Public Comment
Interested parties are invited to comment on these preliminary
results. Written comments may be submitted no later than seven days
after the publication of these preliminary results.\9\ Rebuttals to
written comments, limited to issues raised in such comments, may be
filed no later than 12 days after the publication of these preliminary
results.\10\ All written comments shall be submitted in accordance with
19 CFR 351.303. Any interested party may request a hearing within 14
days of publication of this notice.\11\ Any hearing, if requested, will
be held no later than 30 days after the date of publication of this
notice, or the first workday thereafter.\12\ Persons interested in
attending the hearing, if one is requested, should contact the
Department for the date and time of hearing.
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\9\ See 19 CFR 351.309(c)(ii).
\10\ See 19 CFR 351.309(d).
\11\ See 19 CFR 351.309(d)(i).
\12\ See 19 CFR 351.310(d)(1).
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Extension of Time Limit for the Final Results
In the Initiation, the Department stated that it would issue the
final results of the review within 270 days after the date on which the
changed circumstances review was initiated. However, it is not
practicable to complete the review within this time period.
Accordingly, pursuant to 19 CFR 351.302(b), we are extending the time
limit by 55 days.
The Department finds that it is not practicable to complete this
review within the original time frame as it is granting interested
parties seven days from the date of publication of this notice to
submit comments, five additional days to submit rebuttal comments.
Furthermore, the Department is providing parties the opportunity to
request a hearing pertaining to these preliminary results.
Consequently, in accordance with 19 CFR 351.302(b), the Department is
extending the time period for issuing the final results in this review
by 55 days. Therefore, the final results will be due no later than
August 18, 2011.
We are issuing and publishing these preliminary results and notice
in accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Act
and 19 CFR 351.216 and 351.221(c)(3).
Dated: June 24, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-16498 Filed 6-29-11; 8:45 am]
BILLING CODE 3510-DS-P
