Diamond Sawblades and Parts Thereof From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review: 2010-2011, 73417-73420 [2012-29786]
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Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Notices
intermediate company(ies) involved in
the transaction. For a full discussion of
this clarification, see Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
For the companies which were not
selected for individual examination, we
will instruct CBP to apply the rates
listed above to all entries of subject
merchandise produced and/or exported
by such firms.
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of these
reviews.
Cash Deposit Requirements
Because we revoked the order
effective September 15, 2011, no cash
deposit for estimated antidumping
duties on future entries of subject
merchandise is required.4
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of the destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
These final results of administrative
reviews are issued and published in
accordance with sections 751(a)(1),
751(b)(1), and 777(i)(1) of the Act.
Dated: December 4, 2012
Paul Piquado,
Assistant Secretary for Import
Administration.
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Appendix
1. Targeted Dumping Methodology
2. ISEs, Packing, and Inland Freight Costs
3. G&A Expenses
4 See Ball Bearings and Parts Thereof from
France, Germany and Italy: Final Results of Sunset
Reviews and Revocation of Antidumping Duty
Orders, 76 FR 57019 (September 15, 2011).
18:30 Dec 07, 2012
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[FR Doc. 2012–29770 Filed 12–7–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–900]
Diamond Sawblades and Parts Thereof
From the People’s Republic of China:
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 diamond
sawblades and parts thereof (‘‘diamond
sawblades’’) from the People’s Republic
of China (‘‘PRC’’). The period of review
(‘‘POR’’) is November 1, 2010 through
October 31, 2011. The Department has
preliminarily determined that certain
companies covered by this review made
sales of subject merchandise at less than
normal value.
DATES: Effective Date: December 10,
2012.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun or Michael A. Romani,
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) 482–5760 and (202)
482–0198, respectively.
AGENCY:
Notifications
VerDate Mar<15>2010
4. U.S. Warehousing Expenses
5. Home Market Interest Expense Calculation
6. Capping Interest Revenue at the Amount
of Credit Expenses
7. Other Issues
Scope of the Order
The products covered by the order are
all finished circular sawblades, whether
slotted or not, with a working part that
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
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(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. On October 11, 2011, the
Department included the 6804.21.00.00
HTSUS classification number to the
customs case reference file, pursuant to
a request by U.S. Customs and Border
Protection (‘‘CBP’’).1 The tariff
classification is provided for
convenience and customs purposes;
however, the written description of the
scope of the order is 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
1 See Diamond Sawblades and Parts Thereof
From the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review, 76 FR
76128 (December 6, 2011).
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Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Notices
surrounding the fraud allegation were
examined thoroughly. We intend to
release the verification reports and issue
a post-preliminary analysis addressing
the fraud allegation.
Methodology
The Department has conducted this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (‘‘the Act’’). Export price and
constructed export price have been
calculated in accordance with section
772 of the Act. Because the PRC is a
nonmarket economy (‘‘NME’’) within
the meaning of section 771(18) of the
Act, normal value has been calculated
in accordance with section 773(c) of the
Act. Specifically, the respondents’
factors of production have been valued
in Thailand, which is economically
comparable to the PRC and is a
significant producer of comparable
merchandise. The financial ratios were
derived from the financial statements of
a producer of comparable merchandise
in the Philippines, which is
economically comparable to the PRC.
For a full description of the
methodology underlying our
conclusions, see ‘‘Decision
Memorandum for Preliminary Results of
2010–2011 Antidumping Duty
Administrative Review: Diamond
Sawblades and Parts Thereof from the
People’s Republic of China’’ from Gary
Taverman, Senior Advisor for
Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration, dated December 3, 2012
(‘‘Preliminary Decision Memorandum,
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.
Affiliation and Treatment of Affiliated
Parties as a Single Entity
For the preliminary results of review,
we find that Advanced Technology &
Materials Co., Ltd. (‘‘ATM’’), Beijing
Gang Yan Diamond Products Company
(‘‘BGY’’), and HXF Saw Co., Ltd.2
(‘‘HXF’’) are affiliated.3 Additionally,
we preliminarily find that BGY and Cliff
(‘‘Tianjin’’) International Ltd. (‘‘Cliff’’)
are affiliated and that ATM and AT&M
International Trading Co., Ltd.
(‘‘ATMI’’) are affiliated. Therefore, in
these preliminary results the ‘‘ATM
Single Entity’’ consists of ATM, ATMI,
BGY, Cliff, and HXF.4
Withdrawal of Request for Review
We received a letter of withdrawal
from Danyang Hantronic Import &
Export Co., Ltd. (‘‘Danyang Hantronic’’),
with respect to the review.5 Because
Danyang Hantronic has not previously
received a separate rate, we are not
rescinding this review. While the
request for review for this company was
timely withdrawn, the company
remains part of the PRC-wide entity.
Preliminary Determination of No
Shipments
Qingdao Shinhan Diamond Industrial
Co., Ltd. (‘‘Qingdao Shinhan’’), which
has a separate rate, reported that it did
not have any exports of subject
merchandise during the POR.6 This is
consistent with the CBP data for the
POR, which showed no evidence of
imports from this company.7
Additionally, we requested that CBP
report any contrary information. To
date, CBP has not responded to our
inquiry and we have not received any
evidence that this entity had any
shipments to the United States of
subject merchandise during the POR.8
Consistent with the Department’s
recently announced refinement to its
assessment practice in NME cases
regarding no shipment claims, we are
completing the review with respect to
Qingdao Shinhan, and will issue
appropriate instructions to CBP based
on the final results of the review.9
We also received a no shipment claim
from China Iron & Steel Research
Institute Group (‘‘CISRI’’) 10 which does
not have a separate rate. Because CISRI
does not have a separate rate and
remains part of the PRC entity, we are
not addressing its no shipment claim.
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
Margin
(percent)
Exporter
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Advanced Technology & Materials Co., Ltd ..................................................................................................................................
AT&M International Trading Co., Ltd .............................................................................................................................................
Beijing Gang Yan Diamond Products Co.11 ..................................................................................................................................
Bosun Tools Co., Ltd.12 .................................................................................................................................................................
Chengdu Huifeng Diamond Tools Co., Ltd ...................................................................................................................................
Cliff International Ltd ......................................................................................................................................................................
Danyang Huachang Diamond Tools Manufacturing Co., Ltd .......................................................................................................
Danyang NYCL Tools Manufacturing Co., Ltd ..............................................................................................................................
Danyang Weiwang Tools Manufacturing Co., Ltd .........................................................................................................................
Guilin Tebon Superhard Material Co., Ltd ....................................................................................................................................
Hangzhou Deer King Industrial & Trading Co., Ltd ......................................................................................................................
2 See letter to the Secretary of Commerce dated
February 27, 2012, entitled ‘‘Diamond Sawblades
from the People’s Republic of China: No Shipment
Certification’’.
3 See Final Determination of Sales at Less Than
Fair Value and Final Partial Affirmative
Determination of Critical Circumstances: Diamond
Sawblades and Parts Thereof from the People’s
Republic of China, 71 FR 29303, 29304, 29306–07
(May 22, 2006).
4 For a full discussion of these companies’
affiliation status, see the memorandum entitled
‘‘Diamond Sawblades and Parts Thereof from the
VerDate Mar<15>2010
18:30 Dec 07, 2012
Jkt 229001
People’s Republic of China: ATM Single Entity,’’
dated December 3, 2012.
5 See the letter from Danyang Hantronic dated
March 28, 2012.
6 See the no shipment letter filed by Qingdao
Shinhan on February 28, 2012.
7 See the memorandum entitled ‘‘Diamond
Sawblades and Parts Thereof from the People’s
Republic of China—placing CBP Data on the record
of this review’’ dated January 6, 2012.
8 CBP only responds to the Department’s inquiry
when there are records of shipments from the
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35.09
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35.09
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35.09
35.09
35.09
company in question. See, e.g., Certain Hot-Rolled
Flat-Rolled Carbon Quality Steel Flat Products
From Brazil: Notice of Rescission of Antidumping
Duty Administrative Review, 75 FR 65453, 65454
(October 25, 2010).
9 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) and the ‘‘Assessment
Rates’’ section below.
10 See the no shipment letter filed by CISRI on
February 27, 2012.
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Margin
(percent)
Exporter
Hebei Husqvarna-Jikai Diamond Tools Co., Ltd13 ........................................................................................................................
Huzhou Gu’s Import & Export Co., Ltd .........................................................................................................................................
HXF Saw Co., Ltd.14 .....................................................................................................................................................................
Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd ..................................................................................................................
Jiangsu Inter-China Group Corporation 15 .....................................................................................................................................
Jiangsu Youhe Tool Manufacturer Co., Ltd.16 ..............................................................................................................................
Quanzhou Zhongzhi Diamond Tool Co. Ltd ..................................................................................................................................
Rizhao Hein Saw Co., Ltd .............................................................................................................................................................
Saint-Gobain Abrasives (Shanghai) Co., Ltd.17 ............................................................................................................................
Shanghai Robtol Tool Manufacturing Co., Ltd ..............................................................................................................................
Weihai Xiangguang Mechanical Industrial Co., Ltd ......................................................................................................................
Wuhan Wanbang Laser Diamond Tools Co .................................................................................................................................
Xiamen ZL Diamond Technology Co., Ltd.18 ................................................................................................................................
Zhejiang Wanli Tools Group Co., Ltd ............................................................................................................................................
PRC-Wide Entity 19 ........................................................................................................................................................................
Disclosure and Public Comment
The Department will disclose
calculations performed for these
preliminary results to the parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Interested parties may
submit written comments no later than
30 days after the date of publication of
these preliminary results of review.20
Rebuttals to written comments may be
filed no later than five days after the
written comments are filed.21
Any interested party may request a
hearing within 30 days of publication of
this notice.22 Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone; (2) the number of
participants; and (3) a list of issues to be
discussed. Oral presentations will be
limited to issues raised in the briefs. If
a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230.23
The Department will issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any such
comments, within 120 days of
publication of these preliminary results,
pursuant to section 751(a)(3)(A) of the
Act.
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11 Beijing Gang Yan Diamond Products Co.
reported that Gang Yan Diamond Products Inc., a
company for which we initiated this review in
VerDate Mar<15>2010
18:30 Dec 07, 2012
Jkt 229001
Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation
in Part, 76 FR 82268, 82271 (December 30, 2011)
(Initiation Notice), is its U.S. affiliate. See the ATM
Single Entity’s section A response dated March 19,
2012, at page A–1.
12 Bosun Tools Co., Ltd. was previously known as
Bosun Tools Group Co., Ltd., a company for which
we initiated this review in Initiation Notice, 76 FR
at 82270. See Diamond Sawblades and Parts
Thereof From the People’s Republic of China:
Preliminary Results of Antidumping Duty
Administrative Review and Intent To Rescind
Review in Part, 76 FR 76135, 76137 (December 6,
2011). Also, Bosun Tools Co., Ltd., reported that
Bosun Tools Inc., a company for which we initiated
this review in Initiation Notice, 76 FR at 82271, is
its U.S. affiliate. See Bosun Tools Co., Ltd.’s
separate rate application dated February 28, 2012,
at 4.
13 Hebei Husqvarna-Jikai Diamond Tools Co.,
Ltd., reported that Husqvarna Construction
Products North America, Inc., a company for which
we initiated this review in Initiation Notice, 76 FR
at 82271, is its U.S. affiliate. See Hebei HusqvarnaJikai Diamond Tools Co., Ltd.’s separate rate
application dated February 24, 2012, at 18 and
Appendix A.
14 Yichang HXF Circular Saw Industrial Co., Ltd.,
changed its name to HXF Saw Co., Ltd. See the
ATM Single Entity’s October 5, 2012, response at
Exhibit SA–9.
15 Jiangsu Inter-China Group Corporation was
previously known as Zhenjiang Inter-China Import
& Export Co., Ltd., a company for which we
initiated this review in Initiation Notice, 76 FR at
82271. See Jiangsu Inter-China Group Corporation’s
August 6, 2012, supplemental separate rate
application at Exhibit S–1.
16 Jiangsu Youhe Tool Manufacturer Co., Ltd., was
previously known as Danyang Youhe Tool
Manufacturer Co., Ltd., a company for which we
initiated this review in Initiation Notice, 76 FR at
82271. See Jiangsu Youhe Tool Manufacturer Co.,
Ltd.’s February 28, 2012, separate rate application
at 4 and Exhibit 1.
17 Saint-Gobain Abrasives (Shanghai) Co., Ltd.
reported that Saint-Gobain Abrasives Inc., a
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company for which we initiated this review in
Initiation Notice, 76 FR at 82271, is its U.S. affiliate.
See Saint-Gobain Abrasives (Shanghai) Co., Ltd.’s
February 28, 2012, separate rate application at 9.
18 Xiamen ZL Diamond Technology Co., Ltd.,
stated in its separate rate application that its name
before the POR was Xiamen ZL Diamond Tools Co.,
Ltd., for which we initiated this review in Initiation
Notice, 76 FR at 82271. See Xiamen ZL Diamond
Technology Co., Ltd.’s February 22, 2012, separate
rate application at 2.
19 The deadline to file a separate rate application,
separate rate certification, or a notification of no
sales, exports or entries is 60 days after the
initiation of the administrative review, which in
this case was February 28, 2012. Therefore, as of
February 29, 2012, the remaining companies under
review that did not demonstrate eligibility for a
separate rate effectively became part of the PRCwide entity. Accordingly, the PRC-wide entity
includes the following companies: Central Iron and
Steel Research Institute Group, CISRI, Danyang
Aurui Hardware Products Co., Ltd., Danyang Dida
Diamond Tools Manufacturing Co., Ltd., Danyang
Hantronic, Danyang Tsunda Diamond Tools Co.,
Ltd., Danyang Youmei Tools Co., Ltd., Electrolux
Construction Products (Xiamen) Co. Ltd., Fujian
Quanzhou Wanlong Stone Co., Ltd., Hebei Jikai
Industrial Group Co., Ltd., Hua Da Superabrasive
Tools Technology Co., Ltd., Huachang Diamond
Tools Manufacturing Co., Ltd., Jiangsu Fengyu
Tools Co., Ltd., Jiangyin Likn Industry Co., Ltd.,
Protech Diamond Tools, Pujiang Talent Diamond
Tools Co., Ltd., Quanzhou Shuangyang Diamond
Tools Co., Ltd., Shanghai Deda Industry & Trading
Co., Ltd., Shijiazhuang Global New Century Tools
Co., Ltd., Sichuan Huili Tools Co., Task Tools &
Abrasives, Wuxi Lianhua Superhard Material Tools
Co., Ltd., Zhejiang Tea Import & Export Co., Ltd.,
Zhejiang Wanda Import and Export Co., Zhejiang
Wanda Tools Group Corp., Zhejiang Wanli Superhard Materials Co., Ltd., and Wanli Tools Group.
20 See 19 CFR 351.309(c).
21 See 19 CFR 351.309(d).
22 See 19 CFR 351.310(c).
23 See 19 CFR 351.310(d).
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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
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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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18:30 Dec 07, 2012
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:
E:\FR\FM\10DEN1.SGM
10DEN1
]]>Agencies
[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Notices]
[Pages 73417-73420]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29786]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-900]
Diamond Sawblades and Parts Thereof From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review:
2010-2011
AGENCY: 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 diamond
sawblades and parts thereof (``diamond sawblades'') from the People's
Republic of China (``PRC''). The period of review (``POR'') is November
1, 2010 through October 31, 2011. The Department has preliminarily
determined that certain companies covered by this review made sales of
subject merchandise at less than normal value.
DATES: Effective Date: December 10, 2012.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Michael A. Romani,
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-
5760 and (202) 482-0198, respectively.
Scope of the Order
The products covered by the order are all finished circular
sawblades, whether slotted or not, with a working part that 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. On October 11, 2011,
the Department included the 6804.21.00.00 HTSUS classification number
to the customs case reference file, pursuant to a request by U.S.
Customs and Border Protection (``CBP'').\1\ The tariff classification
is provided for convenience and customs purposes; however, the written
description of the scope of the order is dispositive.
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\1\ See Diamond Sawblades and Parts Thereof From the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative
Review, 76 FR 76128 (December 6, 2011).
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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
[[Page 73418]]
surrounding the fraud allegation were examined thoroughly. We intend to
release the verification reports and issue a post-preliminary analysis
addressing the fraud allegation.
Methodology
The Department has conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act'').
Export price and constructed export price have been calculated in
accordance with section 772 of the Act. Because the PRC is a nonmarket
economy (``NME'') within the meaning of section 771(18) of the Act,
normal value has been calculated in accordance with section 773(c) of
the Act. Specifically, the respondents' factors of production have been
valued in Thailand, which is economically comparable to the PRC and is
a significant producer of comparable merchandise. The financial ratios
were derived from the financial statements of a producer of comparable
merchandise in the Philippines, which is economically comparable to the
PRC.
For a full description of the methodology underlying our
conclusions, see ``Decision Memorandum for Preliminary Results of 2010-
2011 Antidumping Duty Administrative Review: Diamond Sawblades and
Parts Thereof from the People's Republic of China'' from Gary Taverman,
Senior Advisor for Antidumping and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant Secretary for Import
Administration, dated December 3, 2012 (``Preliminary Decision
Memorandum, 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.
Affiliation and Treatment of Affiliated Parties as a Single Entity
For the preliminary results of review, we find that Advanced
Technology & Materials Co., Ltd. (``ATM''), Beijing Gang Yan Diamond
Products Company (``BGY''), and HXF Saw Co., Ltd.\2\ (``HXF'') are
affiliated.\3\ Additionally, we preliminarily find that BGY and Cliff
(``Tianjin'') International Ltd. (``Cliff'') are affiliated and that
ATM and AT&M International Trading Co., Ltd. (``ATMI'') are affiliated.
Therefore, in these preliminary results the ``ATM Single Entity''
consists of ATM, ATMI, BGY, Cliff, and HXF.\4\
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\2\ See letter to the Secretary of Commerce dated February 27,
2012, entitled ``Diamond Sawblades from the People's Republic of
China: No Shipment Certification''.
\3\ See Final Determination of Sales at Less Than Fair Value and
Final Partial Affirmative Determination of Critical Circumstances:
Diamond Sawblades and Parts Thereof from the People's Republic of
China, 71 FR 29303, 29304, 29306-07 (May 22, 2006).
\4\ For a full discussion of these companies' affiliation
status, see the memorandum entitled ``Diamond Sawblades and Parts
Thereof from the People's Republic of China: ATM Single Entity,''
dated December 3, 2012.
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Withdrawal of Request for Review
We received a letter of withdrawal from Danyang Hantronic Import &
Export Co., Ltd. (``Danyang Hantronic''), with respect to the
review.\5\ Because Danyang Hantronic has not previously received a
separate rate, we are not rescinding this review. While the request for
review for this company was timely withdrawn, the company remains part
of the PRC-wide entity.
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\5\ See the letter from Danyang Hantronic dated March 28, 2012.
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Preliminary Determination of No Shipments
Qingdao Shinhan Diamond Industrial Co., Ltd. (``Qingdao Shinhan''),
which has a separate rate, reported that it did not have any exports of
subject merchandise during the POR.\6\ This is consistent with the CBP
data for the POR, which showed no evidence of imports from this
company.\7\ Additionally, we requested that CBP report any contrary
information. To date, CBP has not responded to our inquiry and we have
not received any evidence that this entity had any shipments to the
United States of subject merchandise during the POR.\8\ Consistent with
the Department's recently announced refinement to its assessment
practice in NME cases regarding no shipment claims, we are completing
the review with respect to Qingdao Shinhan, and will issue appropriate
instructions to CBP based on the final results of the review.\9\
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\6\ See the no shipment letter filed by Qingdao Shinhan on
February 28, 2012.
\7\ See the memorandum entitled ``Diamond Sawblades and Parts
Thereof from the People's Republic of China--placing CBP Data on the
record of this review'' dated January 6, 2012.
\8\ CBP only responds to the Department's inquiry when there are
records of shipments from the company in question. See, e.g.,
Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Flat Products
From Brazil: Notice of Rescission of Antidumping Duty Administrative
Review, 75 FR 65453, 65454 (October 25, 2010).
\9\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) and the
``Assessment Rates'' section below.
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We also received a no shipment claim from China Iron & Steel
Research Institute Group (``CISRI'') \10\ which does not have a
separate rate. Because CISRI does not have a separate rate and remains
part of the PRC entity, we are not addressing its no shipment claim.
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\10\ See the no shipment letter filed by CISRI on February 27,
2012.
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Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist:
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Exporter Margin (percent)
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Advanced Technology & Materials Co., Ltd............. 0.00
AT&M International Trading Co., Ltd.................. 0.00
Beijing Gang Yan Diamond Products Co.\11\............ 0.00
Bosun Tools Co., Ltd.\12\............................ 35.09
Chengdu Huifeng Diamond Tools Co., Ltd............... 35.09
Cliff International Ltd.............................. 0.00
Danyang Huachang Diamond Tools Manufacturing Co., Ltd 35.09
Danyang NYCL Tools Manufacturing Co., Ltd............ 35.09
Danyang Weiwang Tools Manufacturing Co., Ltd......... 35.09
Guilin Tebon Superhard Material Co., Ltd............. 35.09
Hangzhou Deer King Industrial & Trading Co., Ltd..... 35.09
[[Page 73419]]
Hebei Husqvarna-Jikai Diamond Tools Co., Ltd\13\..... 35.09
Huzhou Gu's Import & Export Co., Ltd................. 35.09
HXF Saw Co., Ltd.\14\................................ 0.00
Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd.... 35.09
Jiangsu Inter-China Group Corporation \15\........... 35.09
Jiangsu Youhe Tool Manufacturer Co., Ltd.\16\........ 35.09
Quanzhou Zhongzhi Diamond Tool Co. Ltd............... 35.09
Rizhao Hein Saw Co., Ltd............................. 35.09
Saint-Gobain Abrasives (Shanghai) Co., Ltd.\17\...... 35.09
Shanghai Robtol Tool Manufacturing Co., Ltd.......... 35.09
Weihai Xiangguang Mechanical Industrial Co., Ltd..... 35.09
Wuhan Wanbang Laser Diamond Tools Co................. 35.09
Xiamen ZL Diamond Technology Co., Ltd.\18\........... 35.09
Zhejiang Wanli Tools Group Co., Ltd.................. 35.09
PRC-Wide Entity \19\................................. 164.09
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Disclosure and Public Comment
The Department will disclose calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit written comments no later than 30 days
after the date of publication of these preliminary results of
review.\20\ Rebuttals to written comments may be filed no later than
five days after the written comments are filed.\21\
Any interested party may request a hearing within 30 days of
publication of this notice.\22\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone;
(2) the number of participants; and (3) a list of issues to be
discussed. Oral presentations will be limited to issues raised in the
briefs. If a request for a hearing is made, parties will be notified of
the time and date for the hearing to be held at the U.S. Department of
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.\23\
The Department will issue the final results of this administrative
review, which will include the results of its analysis of issues raised
in any such comments, within 120 days of publication of these
preliminary results, pursuant to section 751(a)(3)(A) of the Act.
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\11\ Beijing Gang Yan Diamond Products Co. reported that Gang
Yan Diamond Products Inc., a company for which we initiated this
review in Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 76 FR
82268, 82271 (December 30, 2011) (Initiation Notice), is its U.S.
affiliate. See the ATM Single Entity's section A response dated
March 19, 2012, at page A-1.
\12\ Bosun Tools Co., Ltd. was previously known as Bosun Tools
Group Co., Ltd., a company for which we initiated this review in
Initiation Notice, 76 FR at 82270. See Diamond Sawblades and Parts
Thereof From the People's Republic of China: Preliminary Results of
Antidumping Duty Administrative Review and Intent To Rescind Review
in Part, 76 FR 76135, 76137 (December 6, 2011). Also, Bosun Tools
Co., Ltd., reported that Bosun Tools Inc., a company for which we
initiated this review in Initiation Notice, 76 FR at 82271, is its
U.S. affiliate. See Bosun Tools Co., Ltd.'s separate rate
application dated February 28, 2012, at 4.
\13\ Hebei Husqvarna-Jikai Diamond Tools Co., Ltd., reported
that Husqvarna Construction Products North America, Inc., a company
for which we initiated this review in Initiation Notice, 76 FR at
82271, is its U.S. affiliate. See Hebei Husqvarna-Jikai Diamond
Tools Co., Ltd.'s separate rate application dated February 24, 2012,
at 18 and Appendix A.
\14\ Yichang HXF Circular Saw Industrial Co., Ltd., changed its
name to HXF Saw Co., Ltd. See the ATM Single Entity's October 5,
2012, response at Exhibit SA-9.
\15\ Jiangsu Inter-China Group Corporation was previously known
as Zhenjiang Inter-China Import & Export Co., Ltd., a company for
which we initiated this review in Initiation Notice, 76 FR at 82271.
See Jiangsu Inter-China Group Corporation's August 6, 2012,
supplemental separate rate application at Exhibit S-1.
\16\ Jiangsu Youhe Tool Manufacturer Co., Ltd., was previously
known as Danyang Youhe Tool Manufacturer Co., Ltd., a company for
which we initiated this review in Initiation Notice, 76 FR at 82271.
See Jiangsu Youhe Tool Manufacturer Co., Ltd.'s February 28, 2012,
separate rate application at 4 and Exhibit 1.
\17\ Saint-Gobain Abrasives (Shanghai) Co., Ltd. reported that
Saint-Gobain Abrasives Inc., a company for which we initiated this
review in Initiation Notice, 76 FR at 82271, is its U.S. affiliate.
See Saint-Gobain Abrasives (Shanghai) Co., Ltd.'s February 28, 2012,
separate rate application at 9.
\18\ Xiamen ZL Diamond Technology Co., Ltd., stated in its
separate rate application that its name before the POR was Xiamen ZL
Diamond Tools Co., Ltd., for which we initiated this review in
Initiation Notice, 76 FR at 82271. See Xiamen ZL Diamond Technology
Co., Ltd.'s February 22, 2012, separate rate application at 2.
\19\ The deadline to file a separate rate application, separate
rate certification, or a notification of no sales, exports or
entries is 60 days after the initiation of the administrative
review, which in this case was February 28, 2012. Therefore, as of
February 29, 2012, the remaining companies under review that did not
demonstrate eligibility for a separate rate effectively became part
of the PRC-wide entity. Accordingly, the PRC-wide entity includes
the following companies: Central Iron and Steel Research Institute
Group, CISRI, Danyang Aurui Hardware Products Co., Ltd., Danyang
Dida Diamond Tools Manufacturing Co., Ltd., Danyang Hantronic,
Danyang Tsunda Diamond Tools Co., Ltd., Danyang Youmei Tools Co.,
Ltd., Electrolux Construction Products (Xiamen) Co. Ltd., Fujian
Quanzhou Wanlong Stone Co., Ltd., Hebei Jikai Industrial Group Co.,
Ltd., Hua Da Superabrasive Tools Technology Co., Ltd., Huachang
Diamond Tools Manufacturing Co., Ltd., Jiangsu Fengyu Tools Co.,
Ltd., Jiangyin Likn Industry Co., Ltd., Protech Diamond Tools,
Pujiang Talent Diamond Tools Co., Ltd., Quanzhou Shuangyang Diamond
Tools Co., Ltd., Shanghai Deda Industry & Trading Co., Ltd.,
Shijiazhuang Global New Century Tools Co., Ltd., Sichuan Huili Tools
Co., Task Tools & Abrasives, Wuxi Lianhua Superhard Material Tools
Co., Ltd., Zhejiang Tea Import & Export Co., Ltd., Zhejiang Wanda
Import and Export Co., Zhejiang Wanda Tools Group Corp., Zhejiang
Wanli Super-hard Materials Co., Ltd., and Wanli Tools Group.
\20\ See 19 CFR 351.309(c).
\21\ See 19 CFR 351.309(d).
\22\ See 19 CFR 351.310(c).
\23\ See 19 CFR 351.310(d).
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[[Page 73420]]
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\
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\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).
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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 customer-) specific ad
valorem rate is zero or de minimis, we will instruct CBP to liquidate
appropriate entries without regard to antidumping duties.\28\
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\26\ See 19 CFR 351.212(b)(1).
\27\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and 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).
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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.
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\29\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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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
exporter-specific 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, 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
