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]

Download as PDF 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 http:// 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: VerDate Mar<15>2010 16:24 Jun 29, 2011 Jkt 223001 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. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\30JNN1.SGM 30JNN1 38358 Federal Register / Vol. 76, No. 126 / Thursday, June 30, 2011 / Notices srobinson on DSK4SPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 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. PO 00000 Frm 00011 Fmt 4703 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. E:\FR\FM\30JNN1.SGM 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 ...................................................................... srobinson on DSK4SPTVN1PROD with NOTICES 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). VerDate Mar<15>2010 16:24 Jun 29, 2011 Jkt 223001 9 See 19 CFR 351.309(c)(ii). 19 CFR 351.309(d). 10 See PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 11 See 12 See E:\FR\FM\30JNN1.SGM 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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \8\ See Pressure Sensitive Plastic Tape from Italy: Final 
Results of Antidumping Duty Changed Circumstances Review, 75 FR 
27706 (May 18, 2010).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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