Diamond Sawblades and Parts Thereof From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2010-2011, 73420-73422 [2012-29757]
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Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Notices
Deadline for Submission of Publicly
Available Surrogate Value Information
In accordance with 19 CFR
351.301(c)(3)(ii), the deadline for
submission of publicly available
information to value factors production
under 19 CFR 351.408(c) is 20 days after
the date of publication of these
preliminary results. In accordance with
19 CFR 351.301(c)(1), if an interested
party submits factual information less
than ten days before, on, or after (if the
Department has extended the deadline),
the applicable deadline for submission
of such factual information, an
interested party may submit factual
information to rebut, clarify, or correct
the factual information no later than ten
days after such factual information is
served on the interested party. However,
the Department generally will not
accept in the rebuttal submission
additional or alternative surrogate value
information not previously on the
record, if the deadline for submission of
surrogate value information has
passed.24 Furthermore, the Department
generally will not accept business
proprietary information in either the
surrogate value submissions or the
rebuttals thereto, as the regulation
regarding the submission of surrogate
values allows only for the submission of
publicly available information.25
mstockstill on DSK4VPTVN1PROD with
Assessment Rates
Upon issuing the final results of
review, the Department will determine,
and CBP shall assess, antidumping
duties on all appropriate entries covered
by this review.26 If a respondent’s
weighted-average dumping margin is
above de minimis (i.e., 0.50 percent) in
the final results of this review, we will
calculate an importer-specific
assessment rate on the basis of the ratio
of the total amount of dumping
calculated for the importer’s examined
sales and the total entered value of those
sales in accordance with 19 CFR
351.212(b)(1). Specifically, the
Department will apply the assessment
rate calculation method adopted in
Final Modification for Reviews, i.e., on
the basis of monthly average-to-average
comparisons using only the transactions
associated with that importer with
offsets being provided for non-dumped
comparisons.27 Where an importer- (or
24 See, e.g., Glycine from the People’s Republic of
China: Final Results of Antidumping Duty
Administrative Review and Final Rescission, in
Part, 72 52 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at
Comment 2.
25 See 19 CFR 351.301(c)(3).
26 See 19 CFR 351.212(b)(1).
27 See Antidumping Proceeding: Calculation of
the Weighted-Average Dumping Margin and
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Jkt 229001
customer-) specific ad valorem rate is
zero or de minimis, we will instruct CBP
to liquidate appropriate entries without
regard to antidumping duties.28
The Department recently announced a
refinement to its assessment practice in
NME cases. Pursuant to this refinement
in practice, for entries that were not
reported in the U.S. sales databases
submitted by companies individually
examined during this review, the
Department will instruct CBP to
liquidate such entries at the PRC-wide
rate. In addition, if the Department
determines that an exporter under
review had no shipments of the subject
merchandise, any suspended entries
that entered under that exporter’s case
number (i.e., at that exporter’s rate) will
be liquidated at the PRC-wide rate.29
The Department intends to issue
appropriate assessment instructions
directly to CBP 15 days after publication
of the final results of review.
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 from the PRC
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 the ATM
Single Entity, Weihai, and non-selected
respondents which have separate rates,
the cash deposit rate will be that
established in the final results of review
(except, if the rate is zero or de minimis,
then zero cash deposit will be required);
(2) for previously investigated or
reviewed PRC and non-PRC exporters
not listed above that received a separate
rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the existing exporterspecific rate; (3) for all PRC exporters of
subject merchandise that have not been
found to be entitled to a separate rate,
the cash deposit rate will be that for the
PRC-wide entity; 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. These
deposit requirements, when imposed,
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8103
(February 14, 2012) (‘‘Final Modification for
Reviews’’).
28 See 19 CFR 351.106(c)(2).
29 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
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shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a
preliminary 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
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: December 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
List of Topics Discussed in the
Preliminary Decision Memorandum
Fraud Allegation
Non-Market Economy Country Status
Separate Rate
Separate Rate Respondent
(1) Wholly Foreign-Owned
(2) Joint Ventures Between Chinese and
Foreign Companies or Wholly
Chinese-Owned Companies
(3) Separate Rate for Non-Selected
Companies
(4) PRC-Wide Entity
Surrogate Country
Affiliation
Fair Value Comparison
U.S. Price
Export Price Sales
Constructed Export Price Sales
Further Manufactured Sales
Revenue Caps
Normal Value
Factor Valuations
Currency Conversion
[FR Doc. 2012–29786 Filed 12–7–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–855]
Diamond Sawblades and Parts Thereof
From the Republic of Korea:
Preliminary Results of Antidumping
Duty Administrative Review; 2010–
2011
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
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10DEN1
Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Notices
The Department of Commerce
(‘‘Department’’) is conducting an
administrative review of the
antidumping duty order on diamond
sawblades and parts thereof (‘‘diamond
sawblades’’) from the Republic of Korea
(‘‘Korea’’). The period of review
(‘‘POR’’) is November 1, 2010, through
October 23, 2011, and the review covers
three manufacturers/exporters: Ehwa
Diamond Industrial Co., Ltd. (‘‘Ehwa’’);
Hyosung D&P Co., Ltd. (‘‘Hyosung’’);
and Shinhan Diamond Industrial Co.,
Ltd. (‘‘Shinhan’’). We preliminarily find
that sales of subject merchandise have
been made at prices below normal
value.
DATES: Effective Date: December 10,
2012.
FOR FURTHER INFORMATION CONTACT:
David Layton or Sergio Balbontin, AD/
CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0371, and (202)
482–6478, respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
mstockstill on DSK4VPTVN1PROD with
Scope of the Order
The merchandise subject to the order
is diamond sawblades. The product 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. Subject merchandise may
also enter under heading HTSUS
6804.21.00.00 to the scope description
pursuant to a request by U.S. Customs
and Border Protection (‘‘CBP’’).
Although the HTSUS headings are
provided for convenience and customs
purposes, the written product
description available in Diamond
Sawblades and Parts Thereof From the
Republic of Korea: Preliminary Results
of Antidumping Duty Administrative
Review, 76 FR 76128 (December 6,
2011), remains dispositive.
Fraud Allegation
The petitioner, Diamond Sawblades
Manufacturers’ Coalition, alleges that
Chinese and Korean producers of
diamond sawblades sold subject
merchandise in the United States
bearing a false country of origin
designation and requests that the
Department take information related to
this allegation into consideration in
both the first and second administrative
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18:30 Dec 07, 2012
Jkt 229001
reviews. We continue to examine this
allegation. The Department recently
completed verifications in the first
administrative review at which the facts
surrounding the fraud allegation were
examined thoroughly. We intend to
release the verification reports and issue
a post-preliminary analysis addressing
the fraud allegation.
Adverse Facts Available
Because Hyosung did not respond to
our request for information, we
determine that it is appropriate to apply
‘‘facts otherwise available’’ pursuant to
section 776(a)(2)(B) of the Tariff Act of
1930, as amended (‘‘Act’’). We further
determine that an adverse inference is
warranted in accordance with section
776(b) of the Act because, in failing to
respond, Hyosung has not acted to the
best of its ability to comply with our
request for information. For further
details of our decision to apply adverse
facts available, see the ‘‘Preliminary
Decision Memorandum for
Administrative Review of the
Antidumping Duty Order on Diamond
Sawblades and Parts Thereof from the
Republic of Korea’’ (‘‘Preliminary
Decision Memorandum’’), dated
concurrently with this notice and
hereby adopted by this notice. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). IA ACCESS is available to
registered users at https://
iaaccess.trade.gov and in the Central
Records Unit, room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the internet at
https://www.trade.gov/ia/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Methodology
The Department has conducted this
review in accordance with section
751(a)(2) of the Act. Constructed export
price is calculated in accordance with
section 772 of the Act. Normal value has
been calculated in accordance with
section 773 of the Act. For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
Preliminary Results of Review
As a result of this administrative
review, we preliminarily determine that
the following weighted-average
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73421
percentage dumping margins exist for
the period November 1, 2010, through
October 23, 2011:
Exporter/manufacturer
Ehwa Diamond Industrial Co.,
Ltd ...........................................
Hyosung Diamond Industrial Co.,
Ltd, Western Diamond Tools
Inc., and Hyosung D&P Co.,
Ltd ...........................................
Shinhan Diamond Industrial Co.,
Ltd. and SH Trading, Inc ........
Margin
(percent)
12.25
121.19
0.00
Disclosure and Public Comment
The Department will disclose to
parties to this proceeding the
calculations performed in reaching the
preliminary results within five days of
the date of publication of these
preliminary results.1 Interested parties
may submit written comments (case
briefs) within 30 days of publication of
the preliminary results and rebuttal
comments (rebuttal briefs) within five
days after the time limit for filing case
briefs.2 Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be
limited to the issues raised in the case
briefs. Parties who submit arguments are
requested to submit with the argument:
(1) A statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.
Interested parties who wish to request
a hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Import Administration, U.S. Department
of Commerce, filed electronically using
IA ACCESS. An electronically filed
document must be received successfully
in its entirety by the Department’s
electronic records system, IA ACCESS,
by 5 p.m. Eastern Standard Time within
30 days after the date of publication of
this notice.3 Requests should contain
the party’s name, address, and
telephone number, the number of
participants, and a list of issues to be
discussed. If a request for a hearing is
made, we will inform parties of the
scheduled date for the hearing which
will be held at the U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington DC 20230, at
a time and location to be determined.4
Parties should confirm by telephone the
date, time, and location of the hearing.
Unless the deadline is extended
pursuant to section 751(a)(2)(B)(iv) of
the Act, the Department will issue the
final results of this administrative
1 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii).
3 See 19 CFR 351.310(c).
4 See 19 CFR 351.310.
2 See
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73422
Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Notices
intermediate involved in the
transaction. For a full discussion of this
clarification, see Assessment Policy
Notice.
review, including the results of its
analysis of issues raised by parties in
their comments, within 120 days after
the issuance of these preliminary
results.
Cash Deposit Requirements
mstockstill on DSK4VPTVN1PROD with
Assessment Rates
The Department shall determine, and
CBP will assess, antidumping duties on
all appropriate entries in accordance
with 19 CFR 351.212(b)(1). Pursuant to
an order issued by the U.S. Court of
International Trade on October 24, 2011,
liquidation of the entries covered by this
administrative review is enjoined.
Accordingly, the Department will not
instruct CBP to assess antidumping
duties pending resolution of the
associated litigation.
For any individually examined
respondents whose weighted-average
dumping margin is above de minimis,
we will calculate importer-specific ad
valorem duty assessment rates based on
the ratio of the total amount of dumping
calculated for the importer’s examined
sales to the total entered value of those
same sales in accordance with 19 CFR
351.212(b)(1).5
We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review when the
importer-specific assessment rate
calculated in the final results of this
review is above de minimis (i.e., 0.50
percent). Where either the respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
The final results of this review shall be
the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review where applicable.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (‘‘Assessment
Policy Notice’’). This clarification will
apply to entries of subject merchandise
during the POR produced by Ehwa and
Shinhan for which these companies did
not know that their merchandise was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
5 In these preliminary results, the Department
applied the assessment rate calculation method
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
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18:30 Dec 07, 2012
Jkt 229001
Effective October 24, 2011, the
Department revoked the antidumping
duty order on diamond sawblades from
Korea, pursuant to a proceeding under
section 129 of the Uruguay Round
Agreements Act to implement the
findings of the World Trade
Organization dispute settlement panel
in United States—Use of Zeroing in
Anti-Dumping Measures Involving
Products from Korea (WTIDS402/R)
(January 18, 2011). See Notice of
Implementation of Determination Under
Section 129 of the Uruguay Round
Agreements Act and Revocation of the
Antidumping Duty Order on Diamond
Sawblades and Parts Thereof From the
Republic of Korea, 76 FR 66892 (October
28, 2011), and accompanying Issues and
Decision Memorandum. Consequently,
no cash deposits are required on
imports of subject merchandise.
Notification to Importers
This notice also serves as a
preliminary 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.
This review and notice are in
accordance with sections 751(a)(1),
751(a)(3), and 777(i) of the Act.
Dated: December 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix
List of Topics Discussed in Preliminary
Decision Memorandum
1. Fraud Allegation
2. Discussion of Methodology
a. Application of Facts Available
b. Adverse Facts Available
c. Corroboration
d. Comparison to Normal Value
e. Product Comparisons
f. Date of Sale
g. Constructed Export Price
h. Normal Value
i. Currency Conversion
[FR Doc. 2012–29757 Filed 12–7–12; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–838]
Seamless Refined Copper Pipe and
Tube From Mexico: Preliminary
Results of Antidumping Duty
Administrative Review; 2010–2011
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on seamless
refined copper pipe and tube from
Mexico. The review covers two
producers/exporters of the subject
merchandise, GD Affiliates S. de R.L. de
C.V. and its affiliate Hong Kong GD
Trading Co., Ltd. (collectively, Golden
Dragon) and Nacional de Cobre, S.A. de
C.V. (Nacobre). The period of review
(POR) is May 1, 2011, through October
31, 2011, for Golden Dragon and
November 22, 2010, through October 31,
2011, for Nacobre. We have
preliminarily found that sales of the
subject merchandise have not been
made at prices below normal value.
DATES: Effective Date: December 10,
2012.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Elizabeth Eastwood or Dennis McClure,
AD/CVD Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3874 or (202) 482–
5973, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order
is seamless refined copper pipe and
tube. The product is currently classified
under the Harmonized Tariff Schedule
of the United States (HTSUS)
subheadings 7407.10.1500,
7419.99.5050, 8415.90.8065, and
8415.90.8085. Although the HTSUS
numbers are provided for convenience
and customs purposes, the written
product description, available in
Seamless Refined Copper Pipe and Tube
From Mexico and the People’s Republic
of China: Antidumping Duty Orders and
Amended Final Determination of Sales
at Less Than Fair Value From Mexico,
75 FR 71070 (Nov. 22, 2010) (Amended
Final and Order), remains dispositive.
Methodology
The Department has conducted this
review in accordance with section
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]]>Agencies
[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Notices]
[Pages 73420-73422]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29757]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-855]
Diamond Sawblades and Parts Thereof From the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2010-
2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
[[Page 73421]]
SUMMARY: The Department of Commerce (``Department'') is conducting an
administrative review of the antidumping duty order on diamond
sawblades and parts thereof (``diamond sawblades'') from the Republic
of Korea (``Korea''). The period of review (``POR'') is November 1,
2010, through October 23, 2011, and the review covers three
manufacturers/exporters: Ehwa Diamond Industrial Co., Ltd. (``Ehwa'');
Hyosung D&P Co., Ltd. (``Hyosung''); and Shinhan Diamond Industrial
Co., Ltd. (``Shinhan''). We preliminarily find that sales of subject
merchandise have been made at prices below normal value.
DATES: Effective Date: December 10, 2012.
FOR FURTHER INFORMATION CONTACT: David Layton or Sergio Balbontin, AD/
CVD Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0371, and (202) 482-6478, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order is diamond sawblades. The
product 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. Subject merchandise may also enter under heading HTSUS
6804.21.00.00 to the scope description pursuant to a request by U.S.
Customs and Border Protection (``CBP''). Although the HTSUS headings
are provided for convenience and customs purposes, the written product
description available in Diamond Sawblades and Parts Thereof From the
Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review, 76 FR 76128 (December 6, 2011), remains
dispositive.
Fraud Allegation
The petitioner, Diamond Sawblades Manufacturers' Coalition, alleges
that Chinese and Korean producers of diamond sawblades sold subject
merchandise in the United States bearing a false country of origin
designation and requests that the Department take information related
to this allegation into consideration in both the first and second
administrative reviews. We continue to examine this allegation. The
Department recently completed verifications in the first administrative
review at which the facts surrounding the fraud allegation were
examined thoroughly. We intend to release the verification reports and
issue a post-preliminary analysis addressing the fraud allegation.
Adverse Facts Available
Because Hyosung did not respond to our request for information, we
determine that it is appropriate to apply ``facts otherwise available''
pursuant to section 776(a)(2)(B) of the Tariff Act of 1930, as amended
(``Act''). We further determine that an adverse inference is warranted
in accordance with section 776(b) of the Act because, in failing to
respond, Hyosung has not acted to the best of its ability to comply
with our request for information. For further details of our decision
to apply adverse facts available, see the ``Preliminary Decision
Memorandum for Administrative Review of the Antidumping Duty Order on
Diamond Sawblades and Parts Thereof from the Republic of Korea''
(``Preliminary Decision Memorandum''), dated concurrently with this
notice and hereby adopted by this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Import Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (``IA ACCESS''). IA ACCESS is available to
registered users at https://iaaccess.trade.gov and in the Central
Records Unit, room 7046 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly on the internet at https://www.trade.gov/ia/. The
signed Preliminary Decision Memorandum and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
Methodology
The Department has conducted this review in accordance with section
751(a)(2) of the Act. Constructed export price is calculated in
accordance with section 772 of the Act. Normal value has been
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
Preliminary Results of Review
As a result of this administrative review, we preliminarily
determine that the following weighted-average percentage dumping
margins exist for the period November 1, 2010, through October 23,
2011:
------------------------------------------------------------------------
Margin
Exporter/manufacturer (percent)
------------------------------------------------------------------------
Ehwa Diamond Industrial Co., Ltd............................ 12.25
Hyosung Diamond Industrial Co., Ltd, Western Diamond Tools 121.19
Inc., and Hyosung D&P Co., Ltd.............................
Shinhan Diamond Industrial Co., Ltd. and SH Trading, Inc.... 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
The Department will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\1\
Interested parties may submit written comments (case briefs) within 30
days of publication of the preliminary results and rebuttal comments
(rebuttal briefs) within five days after the time limit for filing case
briefs.\2\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be
limited to the issues raised in the case briefs. Parties who submit
arguments are requested to submit with the argument: (1) A statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.
---------------------------------------------------------------------------
\1\ See 19 CFR 351.224(b).
\2\ See 19 CFR 351.309(c)(1)(ii).
---------------------------------------------------------------------------
Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Import Administration, U.S. Department of Commerce, filed
electronically using IA ACCESS. An electronically filed document must
be received successfully in its entirety by the Department's electronic
records system, IA ACCESS, by 5 p.m. Eastern Standard Time within 30
days after the date of publication of this notice.\3\ Requests should
contain the party's name, address, and telephone number, the number of
participants, and a list of issues to be discussed. If a request for a
hearing is made, we will inform parties of the scheduled date for the
hearing which will be held at the U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington DC 20230, at a time and
location to be determined.\4\ Parties should confirm by telephone the
date, time, and location of the hearing.
---------------------------------------------------------------------------
\3\ See 19 CFR 351.310(c).
\4\ See 19 CFR 351.310.
---------------------------------------------------------------------------
Unless the deadline is extended pursuant to section
751(a)(2)(B)(iv) of the Act, the Department will issue the final
results of this administrative
[[Page 73422]]
review, including the results of its analysis of issues raised by
parties in their comments, within 120 days after the issuance of these
preliminary results.
Assessment Rates
The Department shall determine, and CBP will assess, antidumping
duties on all appropriate entries in accordance with 19 CFR
351.212(b)(1). Pursuant to an order issued by the U.S. Court of
International Trade on October 24, 2011, liquidation of the entries
covered by this administrative review is enjoined. Accordingly, the
Department will not instruct CBP to assess antidumping duties pending
resolution of the associated litigation.
For any individually examined respondents whose weighted-average
dumping margin is above de minimis, we will calculate importer-specific
ad valorem duty assessment rates based on the ratio of the total amount
of dumping calculated for the importer's examined sales to the total
entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\5\
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\5\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review when the importer-specific
assessment rate calculated in the final results of this review is above
de minimis (i.e., 0.50 percent). Where either the respondent's
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
The final results of this review shall be the basis for the assessment
of antidumping duties on entries of merchandise covered by the final
results of this review where applicable.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(``Assessment Policy Notice''). This clarification will apply to
entries of subject merchandise during the POR produced by Ehwa and
Shinhan for which these companies did not know that their merchandise
was destined for the United States. In such instances, we will instruct
CBP to liquidate unreviewed entries at the all-others rate if there is
no rate for the intermediate involved in the transaction. For a full
discussion of this clarification, see Assessment Policy Notice.
Cash Deposit Requirements
Effective October 24, 2011, the Department revoked the antidumping
duty order on diamond sawblades from Korea, pursuant to a proceeding
under section 129 of the Uruguay Round Agreements Act to implement the
findings of the World Trade Organization dispute settlement panel in
United States--Use of Zeroing in Anti-Dumping Measures Involving
Products from Korea (WTIDS402/R) (January 18, 2011). See Notice of
Implementation of Determination Under Section 129 of the Uruguay Round
Agreements Act and Revocation of the Antidumping Duty Order on Diamond
Sawblades and Parts Thereof From the Republic of Korea, 76 FR 66892
(October 28, 2011), and accompanying Issues and Decision Memorandum.
Consequently, no cash deposits are required on imports of subject
merchandise.
Notification to Importers
This notice also serves as a preliminary 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.
This review and notice are in accordance with sections 751(a)(1),
751(a)(3), and 777(i) of the Act.
Dated: December 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix
List of Topics Discussed in Preliminary Decision Memorandum
1. Fraud Allegation
2. Discussion of Methodology
a. Application of Facts Available
b. Adverse Facts Available
c. Corroboration
d. Comparison to Normal Value
e. Product Comparisons
f. Date of Sale
g. Constructed Export Price
h. Normal Value
i. Currency Conversion
[FR Doc. 2012-29757 Filed 12-7-12; 8:45 am]
BILLING CODE 3510-DS-P
