Diamond Sawblades and Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2009-2010, 11143-11146 [2013-03481]

Download as PDF Federal Register / Vol. 78, No. 32 / Friday, February 15, 2013 / Notices has been or will be exported from the United States and which is owned, possessed or controlled by the Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by the Denied Person if such service involves the use of any item subject to the Regulations that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. III. After notice and opportunity for comment as provided in Section 766.23 of the Regulations, any other person, firm, corporation, or business organization related to Kraegel by affiliation, ownership, control or position of responsibility in the conduct of trade or related services may also be subject to the provisions of this Order if necessary to prevent evasion of the Order. IV. This Order does not prohibit any export, reexport, or other transaction subject to the Regulations where the only items involved that are subject to the Regulations are the foreignproduced direct product of U.S.-origin technology. V. This Order is effective immediately and shall remain in effect until August 24, 2021. VI. In accordance with Part 756 of the Regulations, Kraegel may file an appeal of this Order with the Under Secretary of Commerce for Industry and Security. The appeal must be filed within 45 days from the date of this Order and must comply with the provisions of Part 756 of the Regulations. VII. A copy of this Order shall be delivered to the Kraegel. This Order shall be published in the Federal Register. Issued this 8th day of February, 2013. Bernard Kritzer, Director, Office of Exporter Services . [FR Doc. 2013–03547 Filed 2–14–13; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE Bureau of Industry and Security mstockstill on DSK4VPTVN1PROD with NOTICES Transportation and Related Equipment Technical Advisory Committee; Notice of Partially Closed Meeting The Transportation and Related Equipment Technical Advisory Committee will meet on March 7, 2013, 9:30 a.m., in the Herbert C. Hoover Building, Room 6087B, 14th Street between Constitution & Pennsylvania Avenues NW. Washington, DC. The Committee VerDate Mar<15>2010 19:09 Feb 14, 2013 Jkt 229001 advises the Office of the Assistant Secretary for Export Administration with respect to technical questions that affect the level of export controls applicable to transportation and related equipment or technology. Agenda Public Session 1. Welcome and Introductions. 2. Status reports by working group chairs. 3. Public comments and Proposals. Closed Session 4. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at Yvette.Springer@bis.doc.gov no later than February 28, 2013. A limited number of seats will be available during the public session of the meeting. Reservations are not accepted. To the extent time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate distribution of public presentation materials to Committee members, the Committee suggests that presenters forward the public presentation materials prior to the meeting to Ms. Springer via email. The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on October 19, 2012, pursuant to Section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. app. 2 § (10)(d)), that the portion of the meeting dealing with pre-decisional changes to the Commerce Control List and U.S. export control policies shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The remaining portions of the meeting will be open to the public. For more information, call Yvette Springer at (202) 482·2813. Dated: February 11, 2013. Yvette Springer, Committee Liaison Officer. [FR Doc. 2013–03617 Filed 2–14–13; 8:45 am] BILLING CODE P PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 11143 DEPARTMENT OF COMMERCE International Trade Administration [A–570–900] Diamond Sawblades and Parts Thereof From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2009–2010 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On December 6, 2011, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on diamond sawblades and parts thereof (diamond sawblades) from the People’s Republic of China (the PRC). The period of review (POR) is January 23, 2009, through October 31, 2010. For the final results, we continue to find that certain companies covered by this review made sales of subject merchandise at less than normal value. DATES: Effective Date: February 15, 2013. AGENCY: FOR FURTHER INFORMATION CONTACT: Michael Romani or Yang Jin Chun, 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) 482–0198 or (202) 482– 5760, respectively. SUPPLEMENTARY INFORMATION: Background On December 6, 2011, the Department published the preliminary results of the administrative review of the antidumping duty order on diamond sawblades from the PRC.1 We received case and rebuttal briefs with respect to the Preliminary Results and, at the request of interested parties, we held a hearing on February 23, 2012. On April 5, 2012, the Diamond Sawblades Manufacturers Coalition (the petitioner) alleged that Korean respondents Ehwa Diamond Industrial Co., Ltd., and Shinhan Diamond Industrial Co., Ltd. and SH Trading Inc., and their respective Chinese subsidiaries Weihai Xiangguang Mechanical Industrial Co., Ltd. (Weihai), and Qingdao Shinhan Diamond Industrial Co., Ltd. (Qingdao Shinhan), sold diamond sawblades into 1 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 (December 6, 2011) (Preliminary Results). E:\FR\FM\15FEN1.SGM 15FEN1 11144 Federal Register / Vol. 78, No. 32 / Friday, February 15, 2013 / Notices the United States bearing false country of origin designations. We extended the due date for the final results of review to June 4, 2012.2 On June 4, 2012, the Department deferred the final results of this administrative review in order to address the petitioner’s fraud allegations.3 On January 8, 2013, we issued a postpreliminary memorandum finding that the information submitted by Weihai and Qingdao Shinhan is reliable for the final results of the review.4 We have conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Fraud Allegation We continue to find the information Weihai and Qingdao Shinhan submitted in this review to be reliable for the final results of review.5 mstockstill on DSK4VPTVN1PROD with NOTICES Scope of the Order The merchandise subject to the order is diamond sawblades. The diamond sawblades subject to the order are currently classifiable under subheadings 8202 to 8206 of the Harmonized Tariff Schedule of the United States (HTSUS), and may also enter under 6804.21.00. The HTSUS subheadings are provided for convenience and customs purposes. A full description of the scope of the order is contained in the Final Decision Memorandum. The written description is dispositive. 2 See Diamond Sawblades and Parts Thereof From the People’s Republic of China: Extension of Time Limit for Final Results of Antidumping Duty Administrative Review, 77 FR 14733 (March 13, 2012), and Diamond Sawblades and Parts Thereof From the Republic of Korea and the People’s Republic of China: Extension of Time Limits for the Final Results of the Antidumping Duty Administrative Reviews, 77 FR 20788 (April 6, 2012). 3 See Memorandum to Paul Piquado, Assistant Secretary for Import Administration, entitled ‘‘Diamond Sawblades and Parts Thereof From the Republic of Korea and the People’s Republic of China: Deferral of the Final Results of the First Antidumping Duty Administrative Reviews,’’ dated June 4, 2012. 4 See Memorandum to Paul Piquado, Assistant Secretary for Import Administration, entitled ‘‘2009/2010 Review of the Antidumping Duty Orders on Diamond Sawblades and Parts Thereof From the Republic of Korea and the People’s Republic of China: Post-Preliminary Analysis,’’ dated January 8, 2013. See also Memorandum to Paul Piquado, Assistant Secretary for Import Administration, from Gary Taverman, Senior Advisor for Antidumping and Countervailing Duty Operations, entitled ‘‘Issues and Decision Memorandum for the Administrative Review of the Antidumping Duty Order on Diamond Sawblades and Parts Thereof From the People’s Republic of China covering the Period January 23, 2009, through October 31, 2010,’’ dated February 8, 2013 (Final Decision Memorandum), which is hereby adopted by this notice, at Comment 27. 5 See Final Decision Memorandum for more details. VerDate Mar<15>2010 19:09 Feb 14, 2013 Jkt 229001 Analysis of Comments Received All issues raised in the case briefs by parties to this administrative review are addressed in the Final Decision Memorandum. A list of the issues raised is attached to this notice as an appendix. The Final 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). Access to IA ACCESS is available to registered users at http:// iaaccess.trade.gov and is available to all parties in the Central Records Unit, Room 7046 of the main Department of Commerce building. In addition, a complete version of the Final Decision Memorandum can be accessed directly on the Import Administration Web site at http://ia.ita.doc.gov/frn/index.html. The signed Final Decision Memorandum and the electronic versions of the Final Decision Memorandum are identical in content. Rescission of Administrative Review in Part We preliminarily found that Shanghai Deda Industry & Trading Co., Ltd. (Shanghai Deda) did not have any exports of subject merchandise during the POR and, on this basis, we stated our intent to rescind the review in part.6 We continue to find that the company had no shipments of subject merchandise during the POR and are rescinding this review for Shanghai Deda. On March 28, 2011, the petitioner withdrew its request for review of the following companies: Electrolux Construction Products (Xiamen) Co. Ltd. Hebei Jikai Industrial Group Co., Ltd. Huachang Diamond Tools Manufacturing Co., Ltd. Jiangsu Fengyu Tools Co., Ltd. Jiangyin Likn Industry Co., Ltd. Protech Diamond Tools Quanzhou Shuangyang Diamond Tools Co., Ltd. Task Tools & Abrasives Zhejiang Wanda Import and Export Co. Zhejiang Wanda Tools Group Corp. Zhejiang Wanli Super-hard Materials Co., Ltd. In the Preliminary Results, we assigned the PRC-wide rate to these companies. In its case brief, Hebei Jikai Industrial Group Co., Ltd. (Hebei Jikai) requested that the Department rescind the review of these companies because the petitioner was the only party that requested their review and because the 6 See PO 00000 Preliminary Results, 76 FR at 76136. Frm 00012 Fmt 4703 Sfmt 4703 petitioner timely withdrew its request. On August 8, 2012, we rescinded the review in part for Hebei Jikai and Jiangyin Likn Industry Co., Ltd.7 Because the other companies listed above have not previously received a separate rate, we did not rescind this review with respect to those companies. While the request for review for those companies was timely withdrawn, those companies remain part of the PRC-wide entity. Surrogate Country In the Preliminary Results, we treated the PRC as a non-market-economy (NME) country and, therefore, we calculated normal value in accordance with section 773(c) of the Act. We selected India as the surrogate country, pursuant to section 773(c)(4) of the Act, because it is a significant producer of merchandise comparable to subject merchandise and is at a level of economic development comparable to the PRC.8 For the final results of review, we have continued to treat the PRC as an NME country and have used the same primary surrogate country, India. Affiliation In the Preliminary Results, we treated five companies as a single entity, the ATM Single Entity,9 for purposes of calculating a single margin.10 We have received and evaluated the comments with respect to ATM Single Entity and whether to expand it to include two additional companies. For these final results, we have determined not to include any additional companies in ATM Single Entity.11 Separate Rates In proceedings involving NME countries, the Department begins with a rebuttable presumption that all companies within the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate.12 It is 7 See Diamond Sawblades and Parts Thereof From the People’s Republic of China: Rescission of Antidumping Duty Administrative Review in Part, 77 FR 47362 (August 8, 2012). 8 See Preliminary Results, 76 FR at 76136. 9 ATM Single Entity includes Advanced Technology & Materials Co., Ltd., Beijing Gang Yan Diamond Products Co., Ltd., HXF Saw Co., Ltd., AT&M International Trading Co., Ltd., and Cliff International Ltd. 10 See Preliminary Results, 76 FR at 76136. 11 See Final Decision Memorandum at Comments 1 and 2. 12 See, e.g.,Final Determination of Sales at Less Than Fair Value and Final Partial Affirmative Determination of Critical Circumstances: Diamond Sawblades and Parts Thereof From the People’s Republic of China, 71 FR 29303 (May 22, 2006), and Notice of Final Determination of Sales at Less Than Fair Value, and Affirmative Critical Circumstances, E:\FR\FM\15FEN1.SGM 15FEN1 Federal Register / Vol. 78, No. 32 / Friday, February 15, 2013 / Notices the Department’s policy to assign all exporters of merchandise subject to review in an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate.13 In the Preliminary Results, we found that, in addition to the companies we selected for individual examination, certain companies demonstrated their eligibility for separate rate status by demonstrating that they operated free of de jure and de facto government control.14 We received comments from interested parties regarding the separate rate status of ATM Single Entity. Based on the information on the record of this review, we continue to find that ATM Single Entity has demonstrated an absence of de jure and de facto government control and is, thus, eligible for a separate rate.15 We also continue to find that the other respondents that received separate rates in the Preliminary Results are eligible for separate rates. mstockstill on DSK4VPTVN1PROD with NOTICES Separate Rate for a Non-Selected Company In the Preliminary Results, with regard to companies not selected for individual examination, we explained that, because (1) the statute and the Department’s regulations do not address the establishment of a rate to be applied to individual companies not selected for examination when the Department limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act, and (2) the Department’s usual practice has been to average the margins for the selected companies, excluding margins that are zero, de minimis, or based entirely on facts available,16 we assigned the antidumping duty margin for Weihai to companies not selected for individual examination and eligible for a separate rate. We are continuing to assign them Weihai’s rate, 9.55 percent, for these final results. In assigning this separate rate, we did not impute the actions of any other companies to the behavior of the companies not individually In Part: Certain Lined Paper Products From the People’s Republic of China, 71 FR 53079 (September 8, 2006). 13 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 75 FR 81565, 81566 (December 28, 2010) (Initiation). 14 See Preliminary Results, 76 FR at 76136–37. 15 See Final Decision Memorandum at Comments 1 and 2. 16 See Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 52823, 52824 (September 11, 2008), and accompanying Issues and Decision Memorandum at Comment 16. VerDate Mar<15>2010 19:09 Feb 14, 2013 Jkt 229001 examined but based this determination on record evidence that is reasonably reflective of the potential dumping margin for the companies not selected for individual examination and eligible for a separate rate in this administrative review. Changes Since the Preliminary Results Based on our analysis of comments received, we have made revisions that have changed the results for certain companies. Additionally, we have made calculation programming changes for the final results. For further details on the changes we made for these final results, see the company-specific analysis memoranda, the Final Decision Memorandum, and the final surrogate value memorandum dated concurrently with this notice. Final Results of the Review As a result of the administrative review, we determine that the following weighted-average percentage dumping margins exist for the period January 23, 2009, through October 31, 2010: Margin (percent) Company 17 Advanced Technology & Materials Co., Ltd. ......... ASHINE Diamond Tools Co., Ltd. ........................ AT&M International Trading Co., Ltd. .................. Beijing Gang Yan Diamond Products Co. ....... Bosun Tools Co., Ltd. ....... Chengdu Huifeng Diamond Tools Co., Ltd. .... Cliff International Ltd.18 .... Danyang Hantronic Import & Export Co., Ltd. ......... Danyang Huachang Diamond Tools Manufacturing Co., Ltd. .............. Danyang NYCL Tools Manufacturing Co., Ltd. Fujian Quanzhou Wanlong Stone Co., Ltd. .............. Guilin Tebon Superhard Material Co., Ltd. .......... Hangzhou Deer King Industrial & Trading Co., Ltd. ................................ Hebei Husqvarna-Jikai Diamond Tools Co., Ltd. .. Hebei XMF Tools Group Co., Ltd.19 ..................... Henan Huanghe Whirlwind Co., Ltd. ........................ Henan Huanghe Whirlwind International Co., Ltd. ... Huzhou Gu’s Import & Export Co., Ltd. ................. HXF Saw Co., Ltd. ........... Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd. ................................ PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 0.15 9.55 0.15 0.15 9.55 9.55 0.15 9.55 9.55 9.55 9.55 9.55 9.55 9.55 9.55 9.55 9.55 9.55 0.15 9.55 Company 17 Jiangsu Inter-China Group Corporation ................... Jiangsu Youhe Tool Manufacturer Co., Ltd. ......... Qingdao Shinhan Diamond Industrial Co., Ltd. Quanzhou Zhongzhi Diamond Tool Co. Ltd. ....... Rizhao Hein Saw Co., Ltd. Saint-Gobain Abrasives (Shanghai) Co., Ltd. ...... Shanghai Robtol Tool Manufacturing Co., Ltd. Shijiazhuang Global New Century Tools Co., Ltd. Weihai Xiangguang Mechanical Industrial Co., Ltd. ................................ Wuhan Wanbang Laser Diamond Tools Co. ....... Xiamen ZL Diamond Technology Co., Ltd. ..... Zhejiang Wanli Tools Group Co., Ltd. ............. PRC-Wide Entity 20 ........... 11145 Margin (percent) 9.55 9.55 9.55 9.55 9.55 9.55 9.55 9.55 9.55 9.55 9.55 9.55 164.09 Assessment The Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. In accordance with 19 CFR 351.212(b)(1), we have calculated, whenever possible, an exporter/importer (or customer)-specific assessment rate or value for merchandise subject to this review as described below. For ATM Single Entity, we will instruct CBP to liquidate all entries 17 For explanations on the names of certain companies, see Preliminary Results, 76 FR at 76136–37. 18 Cliff International Ltd. also used the company name Cliff (Tianjin) International Ltd., according to various documents provided in ATM Single Entity’s May 10, 2011, section A response. 19 Hebei XMF Tools Group Co., Ltd., reported that its correct name is Hebei XMF Tools Group Co., Ltd., and not Hebei XMF Tools (Group) Co., Ltd., which is the name we stated in the Initiation, 75 FR at 81567, and the Preliminary Results, 77 FR at 76137, 76141. See the letter from Hebei XMF Tools Group Co., Ltd., dated December 2, 2011. 20 The PRC-wide entity includes the following companies: Central Iron and Steel Research Institute Group, Danyang Aurui Hardware Products Co., Ltd., Danyang Dida Diamond Tools Manufacturing Co., Ltd., Danyang Tsunda Diamond Tools Co., Ltd., Danyang Weiwang Tools Manufacturing Co., Ltd., Electrolux Construction Products (Xiamen) Co. Ltd., Huachang Diamond Tools Manufacturing Co., Ltd., Hua Da Superabrasive Tools Technology Co., Ltd., Jiangsu Fengyu Tools Co., Ltd., Protech Diamond Tools, Pujiang Talent Diamond Tools Co., Ltd., Quanzhou Shuangyang Diamond 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., and Zhejiang Wanli Super-hard Materials Co., Ltd. E:\FR\FM\15FEN1.SGM 15FEN1 11146 Federal Register / Vol. 78, No. 32 / Friday, February 15, 2013 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES during the POR without regard to antidumping duties in accordance with 19 CFR 351.106(c)(2). For customers or importers of Weihai for which we do not have entered value, we have calculated customer/importer-specific antidumping duty assessment amounts based on the ratio of the total amount of antidumping duties calculated for the examined sales of subject merchandise to the total quantity of subject merchandise sold in those transactions. For customers or importers of Weihai for which we received entered-value information, we have calculated customer/importer-specific antidumping duty assessment rates based on customer/importer-specific ad valorem rates in accordance with 19 CFR 351.212(b)(1). For all non-selected respondents that received a separate rate, we will instruct CBP to apply an antidumping duty assessment rate of 9.55 percent to all entries of subject merchandise that entered the United States during the POR. For all other companies, we will instruct CBP to apply an antidumping duty assessment rate of 164.09 percent to all entries of subject merchandise exported by these companies. We intend to issue assessment instructions to CBP 15 days after the date of publication of the final results of review. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of these final results of review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date as provided by section 751(a)(2)(C) of the Act: (1) For subject merchandise exported by the companies listed above that have separate rates, the cash deposit rate will be the rate established in this final results of review for each exporter as listed above, except if the rate is zero or de minimis, then no cash deposit will be required for that exporter; (2) for previously investigated companies not listed above that have separate rates, the cash deposit rate will continue to be the company-specific rate published for the investigation; (3) for all other PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-wide rate of 164.09 percent; (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 entity that supplied that non-PRC exporter. These deposit requirements shall remain in effect until further notice. VerDate Mar<15>2010 19:09 Feb 14, 2013 Jkt 229001 Notifications DEPARTMENT OF COMMERCE This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. These final results of review are issued and published in accordance with sections 751(a)(1) and 777(i) of the Act. International Trade Administration Dated: February 8, 2013. Paul Piquado, Assistant Secretary for Import Administration. 1. Separate Rate 2. Corporate Affiliation 3. Respondent Selection 4. Surrogate Values Air Freight Brokerage and Handling Cores Diamond Powder Electricity Financial Ratios Gasoline Paraffin Wax Steel Types 1, 2, 3, and 6 Tin Powder 5. Status of the Order 6. Combination Rates 7. Assessment Period 8. Instructions to CBP 9. Zeroing 10. Fraud Allegations and the Reliability of Respondents’ Submissions [FR Doc. 2013–03481 Filed 2–14–13; 8:45 am] PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 Utility Scale Wind Towers From the People’s Republic of China: Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (the ‘‘Department’’) and the International Trade Commission (‘‘ITC’’), the Department is issuing an antidumping duty order on utility scale wind towers (‘‘wind towers’’) from the People’s Republic of China (‘‘PRC’’). DATES: Effective Date: February 15, 2013. AGENCY: Lilit Astvatsatrian, Shawn Higgins, Thomas Martin, or Trisha Tran, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6412, (202) 482– 0679, (202) 482–3936, or (202) 482– 4852, respectively. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background Appendix BILLING CODE 3510–DS–P [A–570–981] In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (‘‘Act’’), on December 26, 2012, the Department published the final determination of sales at less than fair value in the antidumping duty investigation of wind towers from the PRC.1 On February 8, 2013, the ITC notified the Department of its affirmative determination that an industry in the United States is materially injured or threatened with material injury by reason of imports of wind towers from the PRC.2 Scope of the Order The merchandise covered by this order are certain wind towers, whether or not tapered, and sections thereof. Certain wind towers are designed to support the nacelle and rotor blades in a wind turbine with a minimum rated electrical power generation capacity in excess of 100 kilowatts and with a 1 See Utility Scale Wind Towers From the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, 77 FR 75992 (December 26, 2012). 2 See Utility Scale Wind Towers from China and Vietnam, USITC Investigation Nos. 701–TA–486 and 731–TA–1195–1196 (Final), USITC Publication 4372 (February 2013) (‘‘ITC Report’’). E:\FR\FM\15FEN1.SGM 15FEN1

Agencies

[Federal Register Volume 78, Number 32 (Friday, February 15, 2013)]
[Notices]
[Pages 11143-11146]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03481]


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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: Final Results of Antidumping Duty Administrative Review; 2009-
2010

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 6, 2011, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review of the antidumping duty order on diamond sawblades and parts 
thereof (diamond sawblades) from the People's Republic of China (the 
PRC). The period of review (POR) is January 23, 2009, through October 
31, 2010. For the final results, we continue to find that certain 
companies covered by this review made sales of subject merchandise at 
less than normal value.

DATES: Effective Date: February 15, 2013.

FOR FURTHER INFORMATION CONTACT: Michael Romani or Yang Jin Chun, 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-
0198 or (202) 482-5760, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 6, 2011, the Department published the preliminary 
results of the administrative review of the antidumping duty order on 
diamond sawblades from the PRC.\1\ We received case and rebuttal briefs 
with respect to the Preliminary Results and, at the request of 
interested parties, we held a hearing on February 23, 2012.
---------------------------------------------------------------------------

    \1\ 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 (December 6, 2011) (Preliminary Results).
---------------------------------------------------------------------------

    On April 5, 2012, the Diamond Sawblades Manufacturers Coalition 
(the petitioner) alleged that Korean respondents Ehwa Diamond 
Industrial Co., Ltd., and Shinhan Diamond Industrial Co., Ltd. and SH 
Trading Inc., and their respective Chinese subsidiaries Weihai 
Xiangguang Mechanical Industrial Co., Ltd. (Weihai), and Qingdao 
Shinhan Diamond Industrial Co., Ltd. (Qingdao Shinhan), sold diamond 
sawblades into

[[Page 11144]]

the United States bearing false country of origin designations.
    We extended the due date for the final results of review to June 4, 
2012.\2\ On June 4, 2012, the Department deferred the final results of 
this administrative review in order to address the petitioner's fraud 
allegations.\3\
---------------------------------------------------------------------------

    \2\ See Diamond Sawblades and Parts Thereof From the People's 
Republic of China: Extension of Time Limit for Final Results of 
Antidumping Duty Administrative Review, 77 FR 14733 (March 13, 
2012), and Diamond Sawblades and Parts Thereof From the Republic of 
Korea and the People's Republic of China: Extension of Time Limits 
for the Final Results of the Antidumping Duty Administrative 
Reviews, 77 FR 20788 (April 6, 2012).
    \3\ See Memorandum to Paul Piquado, Assistant Secretary for 
Import Administration, entitled ``Diamond Sawblades and Parts 
Thereof From the Republic of Korea and the People's Republic of 
China: Deferral of the Final Results of the First Antidumping Duty 
Administrative Reviews,'' dated June 4, 2012.
---------------------------------------------------------------------------

    On January 8, 2013, we issued a post-preliminary memorandum finding 
that the information submitted by Weihai and Qingdao Shinhan is 
reliable for the final results of the review.\4\
---------------------------------------------------------------------------

    \4\ See Memorandum to Paul Piquado, Assistant Secretary for 
Import Administration, entitled ``2009/2010 Review of the 
Antidumping Duty Orders on Diamond Sawblades and Parts Thereof From 
the Republic of Korea and the People's Republic of China: Post-
Preliminary Analysis,'' dated January 8, 2013. See also Memorandum 
to Paul Piquado, Assistant Secretary for Import Administration, from 
Gary Taverman, Senior Advisor for Antidumping and Countervailing 
Duty Operations, entitled ``Issues and Decision Memorandum for the 
Administrative Review of the Antidumping Duty Order on Diamond 
Sawblades and Parts Thereof From the People's Republic of China 
covering the Period January 23, 2009, through October 31, 2010,'' 
dated February 8, 2013 (Final Decision Memorandum), which is hereby 
adopted by this notice, at Comment 27.
---------------------------------------------------------------------------

    We have conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).

Fraud Allegation

    We continue to find the information Weihai and Qingdao Shinhan 
submitted in this review to be reliable for the final results of 
review.\5\
---------------------------------------------------------------------------

    \5\ See Final Decision Memorandum for more details.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the order is diamond sawblades. The 
diamond sawblades subject to the order are currently classifiable under 
subheadings 8202 to 8206 of the Harmonized Tariff Schedule of the 
United States (HTSUS), and may also enter under 6804.21.00. The HTSUS 
subheadings are provided for convenience and customs purposes. A full 
description of the scope of the order is contained in the Final 
Decision Memorandum. The written description is dispositive.

Analysis of Comments Received

    All issues raised in the case briefs by parties to this 
administrative review are addressed in the Final Decision Memorandum. A 
list of the issues raised is attached to this notice as an appendix. 
The Final 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). 
Access to IA ACCESS is available to registered users at http://iaaccess.trade.gov and is available to all parties in the Central 
Records Unit, Room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Final Decision Memorandum can be 
accessed directly on the Import Administration Web site at http://ia.ita.doc.gov/frn/index.html. The signed Final Decision Memorandum and 
the electronic versions of the Final Decision Memorandum are identical 
in content.

Rescission of Administrative Review in Part

    We preliminarily found that Shanghai Deda Industry & Trading Co., 
Ltd. (Shanghai Deda) did not have any exports of subject merchandise 
during the POR and, on this basis, we stated our intent to rescind the 
review in part.\6\ We continue to find that the company had no 
shipments of subject merchandise during the POR and are rescinding this 
review for Shanghai Deda.
---------------------------------------------------------------------------

    \6\ See Preliminary Results, 76 FR at 76136.
---------------------------------------------------------------------------

    On March 28, 2011, the petitioner withdrew its request for review 
of the following companies:

Electrolux Construction Products (Xiamen) Co. Ltd.
Hebei Jikai Industrial Group Co., Ltd.
Huachang Diamond Tools Manufacturing Co., Ltd.
Jiangsu Fengyu Tools Co., Ltd.
Jiangyin Likn Industry Co., Ltd.
Protech Diamond Tools
Quanzhou Shuangyang Diamond Tools Co., Ltd.
Task Tools & Abrasives
Zhejiang Wanda Import and Export Co.
Zhejiang Wanda Tools Group Corp.
Zhejiang Wanli Super-hard Materials Co., Ltd.
    In the Preliminary Results, we assigned the PRC-wide rate to these 
companies. In its case brief, Hebei Jikai Industrial Group Co., Ltd. 
(Hebei Jikai) requested that the Department rescind the review of these 
companies because the petitioner was the only party that requested 
their review and because the petitioner timely withdrew its request. On 
August 8, 2012, we rescinded the review in part for Hebei Jikai and 
Jiangyin Likn Industry Co., Ltd.\7\ Because the other companies listed 
above have not previously received a separate rate, we did not rescind 
this review with respect to those companies. While the request for 
review for those companies was timely withdrawn, those companies remain 
part of the PRC-wide entity.
---------------------------------------------------------------------------

    \7\ See Diamond Sawblades and Parts Thereof From the People's 
Republic of China: Rescission of Antidumping Duty Administrative 
Review in Part, 77 FR 47362 (August 8, 2012).
---------------------------------------------------------------------------

Surrogate Country

    In the Preliminary Results, we treated the PRC as a non-market-
economy (NME) country and, therefore, we calculated normal value in 
accordance with section 773(c) of the Act. We selected India as the 
surrogate country, pursuant to section 773(c)(4) of the Act, because it 
is a significant producer of merchandise comparable to subject 
merchandise and is at a level of economic development comparable to the 
PRC.\8\ For the final results of review, we have continued to treat the 
PRC as an NME country and have used the same primary surrogate country, 
India.
---------------------------------------------------------------------------

    \8\ See Preliminary Results, 76 FR at 76136.
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Affiliation

    In the Preliminary Results, we treated five companies as a single 
entity, the ATM Single Entity,\9\ for purposes of calculating a single 
margin.\10\ We have received and evaluated the comments with respect to 
ATM Single Entity and whether to expand it to include two additional 
companies. For these final results, we have determined not to include 
any additional companies in ATM Single Entity.\11\
---------------------------------------------------------------------------

    \9\ ATM Single Entity includes Advanced Technology & Materials 
Co., Ltd., Beijing Gang Yan Diamond Products Co., Ltd., HXF Saw Co., 
Ltd., AT&M International Trading Co., Ltd., and Cliff International 
Ltd.
    \10\ See Preliminary Results, 76 FR at 76136.
    \11\ See Final Decision Memorandum at Comments 1 and 2.
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Separate Rates

    In proceedings involving NME countries, the Department begins with 
a rebuttable presumption that all companies within the country are 
subject to government control and, thus, should be assigned a single 
antidumping duty deposit rate.\12\ It is

[[Page 11145]]

the Department's policy to assign all exporters of merchandise subject 
to review in an NME country this single rate unless an exporter can 
demonstrate that it is sufficiently independent so as to be entitled to 
a separate rate.\13\
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    \12\ See, e.g.,Final Determination of Sales at Less Than Fair 
Value and Final Partial Affirmative Determination of Critical 
Circumstances: Diamond Sawblades and Parts Thereof From the People's 
Republic of China, 71 FR 29303 (May 22, 2006), and Notice of Final 
Determination of Sales at Less Than Fair Value, and Affirmative 
Critical Circumstances, In Part: Certain Lined Paper Products From 
the People's Republic of China, 71 FR 53079 (September 8, 2006).
    \13\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Requests for Revocation in Part, 75 FR 
81565, 81566 (December 28, 2010) (Initiation).
---------------------------------------------------------------------------

    In the Preliminary Results, we found that, in addition to the 
companies we selected for individual examination, certain companies 
demonstrated their eligibility for separate rate status by 
demonstrating that they operated free of de jure and de facto 
government control.\14\ We received comments from interested parties 
regarding the separate rate status of ATM Single Entity. Based on the 
information on the record of this review, we continue to find that ATM 
Single Entity has demonstrated an absence of de jure and de facto 
government control and is, thus, eligible for a separate rate.\15\ We 
also continue to find that the other respondents that received separate 
rates in the Preliminary Results are eligible for separate rates.
---------------------------------------------------------------------------

    \14\ See Preliminary Results, 76 FR at 76136-37.
    \15\ See Final Decision Memorandum at Comments 1 and 2.
---------------------------------------------------------------------------

Separate Rate for a Non-Selected Company

    In the Preliminary Results, with regard to companies not selected 
for individual examination, we explained that, because (1) the statute 
and the Department's regulations do not address the establishment of a 
rate to be applied to individual companies not selected for examination 
when the Department limits its examination in an administrative review 
pursuant to section 777A(c)(2) of the Act, and (2) the Department's 
usual practice has been to average the margins for the selected 
companies, excluding margins that are zero, de minimis, or based 
entirely on facts available,\16\ we assigned the antidumping duty 
margin for Weihai to companies not selected for individual examination 
and eligible for a separate rate. We are continuing to assign them 
Weihai's rate, 9.55 percent, for these final results. In assigning this 
separate rate, we did not impute the actions of any other companies to 
the behavior of the companies not individually examined but based this 
determination on record evidence that is reasonably reflective of the 
potential dumping margin for the companies not selected for individual 
examination and eligible for a separate rate in this administrative 
review.
---------------------------------------------------------------------------

    \16\ See Ball Bearings and Parts Thereof From France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 
52823, 52824 (September 11, 2008), and accompanying Issues and 
Decision Memorandum at Comment 16.
---------------------------------------------------------------------------

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made revisions 
that have changed the results for certain companies. Additionally, we 
have made calculation programming changes for the final results. For 
further details on the changes we made for these final results, see the 
company-specific analysis memoranda, the Final Decision Memorandum, and 
the final surrogate value memorandum dated concurrently with this 
notice.

Final Results of the Review

    As a result of the administrative review, we determine that the 
following weighted-average percentage dumping margins exist for the 
period January 23, 2009, through October 31, 2010:

------------------------------------------------------------------------
                                                             Margin
                     Company \17\                           (percent)
------------------------------------------------------------------------
Advanced Technology & Materials Co., Ltd..............              0.15
ASHINE Diamond Tools Co., Ltd.........................              9.55
AT&M International Trading Co., Ltd...................              0.15
Beijing Gang Yan Diamond Products Co..................              0.15
Bosun Tools Co., Ltd..................................              9.55
Chengdu Huifeng Diamond Tools Co., Ltd................              9.55
Cliff International Ltd.\18\..........................              0.15
Danyang Hantronic Import & Export Co., Ltd............              9.55
Danyang Huachang Diamond Tools Manufacturing Co., Ltd.              9.55
Danyang NYCL Tools Manufacturing Co., Ltd.............              9.55
Fujian Quanzhou Wanlong Stone Co., Ltd................              9.55
Guilin Tebon Superhard Material Co., Ltd..............              9.55
Hangzhou Deer King Industrial & Trading Co., Ltd......              9.55
Hebei Husqvarna-Jikai Diamond Tools Co., Ltd..........              9.55
Hebei XMF Tools Group Co., Ltd.\19\...................              9.55
Henan Huanghe Whirlwind Co., Ltd......................              9.55
Henan Huanghe Whirlwind International Co., Ltd........              9.55
Huzhou Gu's Import & Export Co., Ltd..................              9.55
HXF Saw Co., Ltd......................................              0.15
Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd.....              9.55
Jiangsu Inter-China Group Corporation.................              9.55
Jiangsu Youhe Tool Manufacturer Co., Ltd..............              9.55
Qingdao Shinhan Diamond Industrial Co., Ltd...........              9.55
Quanzhou Zhongzhi Diamond Tool Co. Ltd................              9.55
Rizhao Hein Saw Co., Ltd..............................              9.55
Saint-Gobain Abrasives (Shanghai) Co., Ltd............              9.55
Shanghai Robtol Tool Manufacturing Co., Ltd...........              9.55
Shijiazhuang Global New Century Tools Co., Ltd........              9.55
Weihai Xiangguang Mechanical Industrial Co., Ltd......              9.55
Wuhan Wanbang Laser Diamond Tools Co..................              9.55
Xiamen ZL Diamond Technology Co., Ltd.................              9.55
Zhejiang Wanli Tools Group Co., Ltd...................              9.55
PRC-Wide Entity \20\..................................            164.09
------------------------------------------------------------------------

     
---------------------------------------------------------------------------

    \17\ For explanations on the names of certain companies, see 
Preliminary Results, 76 FR at 76136-37.
    \18\ Cliff International Ltd. also used the company name Cliff 
(Tianjin) International Ltd., according to various documents 
provided in ATM Single Entity's May 10, 2011, section A response.
    \19\ Hebei XMF Tools Group Co., Ltd., reported that its correct 
name is Hebei XMF Tools Group Co., Ltd., and not Hebei XMF Tools 
(Group) Co., Ltd., which is the name we stated in the Initiation, 75 
FR at 81567, and the Preliminary Results, 77 FR at 76137, 76141. See 
the letter from Hebei XMF Tools Group Co., Ltd., dated December 2, 
2011.
    \20\ The PRC-wide entity includes the following companies: 
Central Iron and Steel Research Institute Group, Danyang Aurui 
Hardware Products Co., Ltd., Danyang Dida Diamond Tools 
Manufacturing Co., Ltd., Danyang Tsunda Diamond Tools Co., Ltd., 
Danyang Weiwang Tools Manufacturing Co., Ltd., Electrolux 
Construction Products (Xiamen) Co. Ltd., Huachang Diamond Tools 
Manufacturing Co., Ltd., Hua Da Superabrasive Tools Technology Co., 
Ltd., Jiangsu Fengyu Tools Co., Ltd., Protech Diamond Tools, Pujiang 
Talent Diamond Tools Co., Ltd., Quanzhou Shuangyang Diamond 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., and Zhejiang Wanli Super-hard Materials 
Co., Ltd.
---------------------------------------------------------------------------

Assessment

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. In accordance with 19 CFR 351.212(b)(1), we have calculated, 
whenever possible, an exporter/importer (or customer)-specific 
assessment rate or value for merchandise subject to this review as 
described below.
    For ATM Single Entity, we will instruct CBP to liquidate all 
entries

[[Page 11146]]

during the POR without regard to antidumping duties in accordance with 
19 CFR 351.106(c)(2). For customers or importers of Weihai for which we 
do not have entered value, we have calculated customer/importer-
specific antidumping duty assessment amounts based on the ratio of the 
total amount of antidumping duties calculated for the examined sales of 
subject merchandise to the total quantity of subject merchandise sold 
in those transactions. For customers or importers of Weihai for which 
we received entered-value information, we have calculated customer/
importer-specific antidumping duty assessment rates based on customer/
importer-specific ad valorem rates in accordance with 19 CFR 
351.212(b)(1). For all non-selected respondents that received a 
separate rate, we will instruct CBP to apply an antidumping duty 
assessment rate of 9.55 percent to all entries of subject merchandise 
that entered the United States during the POR. For all other companies, 
we will instruct CBP to apply an antidumping duty assessment rate of 
164.09 percent to all entries of subject merchandise exported by these 
companies.
    We intend to issue assessment instructions to CBP 15 days after the 
date of publication of the final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of review for all shipments of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the publication date as provided by section 
751(a)(2)(C) of the Act: (1) For subject merchandise exported by the 
companies listed above that have separate rates, the cash deposit rate 
will be the rate established in this final results of review for each 
exporter as listed above, except if the rate is zero or de minimis, 
then no cash deposit will be required for that exporter; (2) for 
previously investigated companies not listed above that have separate 
rates, the cash deposit rate will continue to be the company-specific 
rate published for the investigation; (3) for all other PRC exporters 
of subject merchandise which have not been found to be entitled to a 
separate rate, the cash deposit rate will be the PRC-wide rate of 
164.09 percent; (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 entity that supplied that non-PRC 
exporter. These deposit requirements shall remain in effect until 
further notice.

Notifications

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
written notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.
    These final results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: February 8, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix

1. Separate Rate
2. Corporate Affiliation
3. Respondent Selection
4. Surrogate Values
Air Freight
Brokerage and Handling
Cores
Diamond Powder
Electricity
Financial Ratios
Gasoline
Paraffin Wax
Steel Types 1, 2, 3, and 6
Tin Powder
5. Status of the Order
6. Combination Rates
7. Assessment Period
8. Instructions to CBP
9. Zeroing
10. Fraud Allegations and the Reliability of Respondents' 
Submissions

[FR Doc. 2013-03481 Filed 2-14-13; 8:45 am]
BILLING CODE 3510-DS-P