Diamond Sawblades and Parts Thereof From the Republic of Korea: Final Results of Antidumping Duty Administrative Review, 2009-2010, 11818-11820 [2013-03865]
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11818
Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Notices
(or customer)-specific assessment rate is
de minimis (i.e., less than 0.50 percent),
the Department will instruct CBP to
assess that importer (or customer’s)
entries of subject merchandise without
regard to antidumping duties, in
accordance with 19 CFR 351.106(c)(2).
The Department intends to issue
assessment instructions to CBP 15 days
after the date of publication of these
final results of review.
The Department clarified its
automatic assessment regulation on May
6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003). This
clarification will apply to entries of
subject merchandise during the POR
produced by the company included in
these final results of review for which
the reviewed company did not know
their merchandise was destined for the
United States. In such instances, we will
instruct CBP to liquidate un-reviewed
entries at the all-others rate if there is no
rate for the intermediate company
involved in the transaction.
srobinson on DSK4SPTVN1PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of these final results, consistent
with section 751(a)(1) of the Act: (1) For
the company covered by this review, the
cash deposit will be the rate listed
above; (2) if the exporter is not a firm
covered in this review, but was covered
in a previous review or the original less
than fair value (LTFV) investigation, the
cash deposit rate will continue to be the
company-specific rate published for the
most recent period; (3) if the exporter is
not a firm covered in this review, a prior
review, or the original LTFV
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recent period
for the manufacturer of the
merchandise; and (4) if neither the
exporter nor the manufacturer is a firm
covered in this or any previous review
conducted by the Department, the cash
deposit rate will continue to be 6.65
percent, which is the all-others rate
established in the LTFV investigation.
See Notice of Antidumping Duty Order;
Purified Carboxymethylcellulose From
Finland; Mexico, the Netherlands and
Sweden, 70 FR 39734 (July 11, 2005).
These deposit requirements, when
imposed, shall remain in effect until
further notice.
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Reimbursement of Duties
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 Republic of Korea
(Korea). The period of review (POR) is
January 23, 2009, through October 31,
2010. For the final results, we continue
to find that the companies covered by
the review made sales of subject
merchandise at less than normal value.
DATES: Effective Date: February 20,
2013.
FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin or Yasmin Nair, 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) 482–6478 and (202)
482–3813, respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this review period.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/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 violation
which is subject to sanction.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: February 5, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I
List of Issues Discussed in the
Accompanying Issues and Decision
Memorandum
Issue 1: Authority to Conduct a Targeted
Dumping Analysis and Apply an
Alternative Methodology
Issue 2: The Department’s Choice of a
Targeted Dumping Analysis Methodology
Issue 3: Region vs. Region and Division
Targeted Dumping Analysis
[FR Doc. 2013–03740 Filed 2–19–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Background
On December 6, 2011, the Department
published the preliminary results of
administrative review of the
antidumping duty order on diamond
sawblades from Korea.1 On January 5,
2012, we received case briefs with
respect to the Preliminary Results from
Ehwa and Shinhan. We did not receive
rebuttal briefs. We did not receive a
request for a hearing.
On April, 5 2012, the Diamond
Sawblades Manufacturers Coalition
(Petitioner) alleged that the Korean
respondents Ehwa Diamond Industrial
Co., Ltd. (Ehwa) and Shinhan Diamond
Industrial Co., Ltd. and SH Trading, Inc.
(collectively, Shinhan), and their
respective Chinese subsidiaries Weihai
Xiangguang Mechanical Industrial Co.,
Ltd., and Qingdao Shinhan Diamond
Industrial Co., Ltd., sold diamond
sawblades into the United States bearing
false country of origin designations.
On April 29, 2012, Hyosung Diamond
Industrial Co., Ltd., Western Diamond
Tools Inc., and Hyosung D&P Co., Ltd.
(collectively, ‘‘Hyosung’’) formally
withdrew its participation in the
administrative review.
We extended the due date for the final
results of review to June 4, 2012.2 On
June 4, 2012, the Department deferred
[A–580–855]
Diamond Sawblades and Parts Thereof
From the Republic of Korea: Final
Results of Antidumping Duty
Administrative Review, 2009–2010
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
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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) (Preliminary Results).
2 See 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).
E:\FR\FM\20FEN1.SGM
20FEN1
Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Notices
the final results of this administrative
review to address Petitioner’s fraud
allegations.3
On January 8, 2013, we issued a postpreliminary memorandum finding that
the information submitted by Ehwa and
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 Allegations
We continue to find the information
Ehwa and Shinhan submitted in this
review to be reliable for the final results
of review. 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 are
addressed in the Final Decision
Memorandum. A list of the issues raised
is attached to this notice as Appendix I.
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 https://
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 Internet at https://www.trade.gov/
ia/. The signed Final Decision
Memorandum and the electronic
versions of the Final Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we changed our
calculation methodology for Ehwa’s and
Shinhan’s dumping margins. We
modified the model-match methodology
to ensure only products with the same
physical form matched. For Ehwa, we
corrected a currency conversion for an
expense reported by the company, we
recalculated the costs of certain control
numbers, and we added sales to Ehwa’s
U.S. sales database. For Shinhan, we
removed certain Chinese-origin sales in
the home market database and applied
a revised cost of production database.5
11819
Use of Adverse Facts Available
Consistent with the Preliminary
Results, we determine that Hyosung’s
failure to provide requested information
necessary to calculate accurate dumping
margins warrants the use of facts
otherwise available with an adverse
inference. Consequent to the changes
from the Preliminary Results, as detailed
above, the final margin for Hyosung is
120.90 percent.6
Cost of Production
As discussed in the Preliminary
Results, we conducted an investigation
to determine whether Ehwa and
Shinhan made home market sales of the
foreign like product during the POR at
prices below their costs of production
within the meaning of section 773(b) of
the Act. For these final results, we
performed the cost test following the
same methodology as discussed in the
Preliminary Results. In accordance with
sections 773(b)(1) and (2) of the Act, we
disregarded certain of Ehwa’s and
Shinhan’s sales in the home market that
were made at below-cost prices.
Final Results of the Review
As a result of the administrative
review, we determine that the following
weighted-average dumping margins
exist for the period January 23, 2009,
through October 31, 2010:
Margin
(percent)
Exporter/manufacturer
Ehwa Diamond Industrial Co., Ltd ...............................................................................................................................................................
Hyosung Diamond Industrial Co., Ltd, Western Diamond Tools Inc., and Hyosung D&P Co., Ltd ...........................................................
Shinhan Diamond Industrial Co., Ltd. and SH Trading, Inc ........................................................................................................................
11.90
120.90
3.76
The Department shall determine, and
U.S. Customs and Border Protection
(CBP) will assess, antidumping duties
on all appropriate entries in accordance
with 19 CFR 351.212(b)(1). On October
24, 2011, the U.S. Court of International
Trade preliminarily enjoined
liquidation of entries that are subject to
the final determination.7 Accordingly,
the Department will not instruct CBP to
assess antidumping duties pending
resolution of the associated litigation.
Pursuant to 19 CFR 351.212(b)(1), for
all sales made by the respondents for
which they have reported the importer
of record and the entered value of the
U.S. sales, we have calculated importerspecific assessment rates based on the
ratio of the total amount of antidumping
duties calculated for the examined sales
to the total entered value of those sales.
Where the respondent did not report the
entered value for U.S. sales to an
importer, we have calculated importerspecific assessment rates for the
merchandise in question by aggregating
the dumping margins calculated for all
U.S. sales to each importer and dividing
this amount by the total quantity of
those sales.
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 from
Gary Taverman, Senior Advisor for Antidumping
and Countervailing Duty Operations, to Paul
Piquado, Assistant Secretary for Import
Administration, entitled ‘‘Issues and Decision
Memorandum for the Final Results in the First
Antidumping Duty Order Administrative Review of
Diamond Sawblades and Parts Thereof from the
Republic of Korea,’’ dated February 8, 2013 (Final
Decision Memorandum), which is hereby adopted
by this notice, at Comment.
5 See Final Decision Memorandum, and
Department Memoranda, ‘‘Final Results Calculation
for Ehwa Diamond Industrial Co., Ltd.,’’ and ‘‘Final
Results Calculation for Shinhan Diamond Industrial
Co., Ltd.,’’ dated February 8, 2013, for changes
specific to the dumping margin calculations.
6 For further discussion, see Department
Memorandum, ‘‘Final Adverse Facts Available Rate
for Hyosung,’’ dated February 8, 2013.
7 See Notice of Final Determination of Sales at
Less Than Fair Value and Final Determination of
Critical Circumstances: Diamond Sawblades and
Parts Thereof from the Republic of Korea, 71 FR
29310 (May 22, 2006).
srobinson on DSK4SPTVN1PROD with NOTICES
Assessment Rates
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16:13 Feb 19, 2013
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Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Notices
To determine whether the duty
assessment rates were de minimis, in
accordance with the requirement set
forth in 19 CFR 351.106(c)(2), the
Department calculated importer-specific
ad valorem ratios based on the entered
value or the estimated entered value,
when entered value was not reported.
Pursuant to 19 CFR 351.106(c)(2), we
will instruct CBP to liquidate without
regard to antidumping duties any
entries for which the assessment rate is
de minimis (i.e., less than 0.50 percent).
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003.8 This clarification will
apply to entries of subject merchandise
during the POR produced by Ehwa and
Shinhan for which these companies did
not know that their merchandise was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate involved in the
transaction. For a full discussion of this
clarification, see Assessment Policy
Notice.
Cash Deposit Requirements
Effective October 24, 2011, the
Department revoked the antidumping
duty order on diamond sawblades from
Korea, pursuant to a proceeding under
section 129 of the Uruguay Round
Agreements Act to implement the
findings of the World Trade
Organization dispute settlement panel
in United States—Use of Zeroing in
Anti-Dumping Measures Involving
Products from Korea (WTIDS402/R)
(January 18, 2011).9 Consequently, no
cash deposits are required on imports of
subject merchandise.
Notification to Interested Parties
This notice serves as the only
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
written notification of return/
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.
srobinson on DSK4SPTVN1PROD with NOTICES
8 See
Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (‘‘Assessment Policy
Notice’’).
9 See Notice of Implementation of Determination
Under Section 129 of the Uruguay Round
Agreements Act and Revocation of the
Antidumping Duty Order on Diamond Sawblades
and Parts Thereof From the Republic of Korea, 76
FR 66892 (October 28, 2011), and accompanying
Issues and Decision Memorandum.
VerDate Mar<15>2010
16:13 Feb 19, 2013
Jkt 229001
These final results of review are
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: February 8, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix—Issues in Decision
Memorandum
General Issues
Comment 1: Whether to Eliminate Zeroing
from the Margin Calculation Constraints
Comment 2: Product-Matching
Comment 3: Fraud Allegations and the
Reliability of Respondents’ Submissions
Ehwa-Specific Issues
Comment 4: Treatment of Indirect Selling
Expenses
Comment 5: Treatment of U.S. Repacking
Expenses
Shinhan-Specific Issues
Comment 6: Diamond Raw Material
Consumption
Comment 7: Clerical Error in Treatment of
U.S. Repacking and Calculation of CEP
Profit
[FR Doc. 2013–03865 Filed 2–19–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC514
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The New England Fishery
Management Council’s (Council) VMS/
Enforcement Committee and Advisory
Panel will meet to consider actions
affecting New England fisheries in the
exclusive economic zone (EEZ).
DATES: The meeting will be held on
Tuesday, March 12, 2013 at 9:30 a.m.
ADDRESSES:
Meeting address: The meeting will be
held at the Fairfield Inn and Suites, 185
MacArthur Drive, New Bedford, MA
02740; telephone: (774) 634–2000; fax:
(774) 634–2001.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT: Paul
J. Howard, Executive Director, New
England Fishery Management Council;
telephone: (978) 465–0492.
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
The items
of discussion in the committee’s agenda
are as follows:
The VMS/Enforcement Committee
and Advisory Panel will meet to discuss
Draft NOAA priorities for 2013. Also on
the agenda will be the discussion of the
role of the Multispecies sector managers
in the event a sector vessel receives a
violation and joint liability of sectors.
They will discuss issues regarding the
enforcement of small, seasonal area
closures. They will also discuss marking
requirements for lobster trawls, stability
issues, and unintentional conflicts with
mobile gear. The committee and panel
will also discuss whether vessels should
be allowed to carry two different mesh
nets for different fisheries. The
committee will meet in closed session to
discuss advisory panel membership.
Other business may be discussed.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during this meeting. Action will
be restricted to those issues specifically
identified in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act, provided the public has been
notified of the Council’s intent to take
final action to address the emergency.
SUPPLEMENTARY INFORMATION:
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to Paul
J. Howard (see ADDRESSES) at least 5
days prior to the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 14, 2013.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–03830 Filed 2–19–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Interagency Ocean Observation
Committee, Meeting of the Data
Management and Communications
Steering Team
National Ocean Service (NOS),
National Oceanic and Atmospheric
Administration (NOAA), U.S.
Department of Commerce (DOC).
ACTION: Notice of open meeting.
AGENCY:
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Agencies
[Federal Register Volume 78, Number 34 (Wednesday, February 20, 2013)]
[Notices]
[Pages 11818-11820]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03865]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-855]
Diamond Sawblades and Parts Thereof From the Republic of Korea:
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 Republic of Korea (Korea). The
period of review (POR) is January 23, 2009, through October 31, 2010.
For the final results, we continue to find that the companies covered
by the review made sales of subject merchandise at less than normal
value.
DATES: Effective Date: February 20, 2013.
FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Yasmin Nair, 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) 482-6478
and (202) 482-3813, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 6, 2011, the Department published the preliminary
results of administrative review of the antidumping duty order on
diamond sawblades from Korea.\1\ On January 5, 2012, we received case
briefs with respect to the Preliminary Results from Ehwa and Shinhan.
We did not receive rebuttal briefs. We did not receive a request for a
hearing.
---------------------------------------------------------------------------
\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) (Preliminary Results).
---------------------------------------------------------------------------
On April, 5 2012, the Diamond Sawblades Manufacturers Coalition
(Petitioner) alleged that the Korean respondents Ehwa Diamond
Industrial Co., Ltd. (Ehwa) and Shinhan Diamond Industrial Co., Ltd.
and SH Trading, Inc. (collectively, Shinhan), and their respective
Chinese subsidiaries Weihai Xiangguang Mechanical Industrial Co., Ltd.,
and Qingdao Shinhan Diamond Industrial Co., Ltd., sold diamond
sawblades into the United States bearing false country of origin
designations.
On April 29, 2012, Hyosung Diamond Industrial Co., Ltd., Western
Diamond Tools Inc., and Hyosung D&P Co., Ltd. (collectively,
``Hyosung'') formally withdrew its participation in the administrative
review.
We extended the due date for the final results of review to June 4,
2012.\2\ On June 4, 2012, the Department deferred
[[Page 11819]]
the final results of this administrative review to address Petitioner's
fraud allegations.\3\
---------------------------------------------------------------------------
\2\ See 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 Ehwa and 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).
---------------------------------------------------------------------------
\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
from Gary Taverman, Senior Advisor for Antidumping and
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary
for Import Administration, entitled ``Issues and Decision Memorandum
for the Final Results in the First Antidumping Duty Order
Administrative Review of Diamond Sawblades and Parts Thereof from
the Republic of Korea,'' dated February 8, 2013 (Final Decision
Memorandum), which is hereby adopted by this notice, at Comment.
---------------------------------------------------------------------------
Fraud Allegations
We continue to find the information Ehwa and Shinhan submitted in
this review to be reliable for the final results of review. 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 are addressed in the Final
Decision Memorandum. A list of the issues raised is attached to this
notice as Appendix I. 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 https://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 Internet at https://www.trade.gov/ia/. The signed Final Decision Memorandum and the
electronic versions of the Final Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we changed our
calculation methodology for Ehwa's and Shinhan's dumping margins. We
modified the model-match methodology to ensure only products with the
same physical form matched. For Ehwa, we corrected a currency
conversion for an expense reported by the company, we recalculated the
costs of certain control numbers, and we added sales to Ehwa's U.S.
sales database. For Shinhan, we removed certain Chinese-origin sales in
the home market database and applied a revised cost of production
database.\5\
---------------------------------------------------------------------------
\5\ See Final Decision Memorandum, and Department Memoranda,
``Final Results Calculation for Ehwa Diamond Industrial Co., Ltd.,''
and ``Final Results Calculation for Shinhan Diamond Industrial Co.,
Ltd.,'' dated February 8, 2013, for changes specific to the dumping
margin calculations.
---------------------------------------------------------------------------
Use of Adverse Facts Available
Consistent with the Preliminary Results, we determine that
Hyosung's failure to provide requested information necessary to
calculate accurate dumping margins warrants the use of facts otherwise
available with an adverse inference. Consequent to the changes from the
Preliminary Results, as detailed above, the final margin for Hyosung is
120.90 percent.\6\
---------------------------------------------------------------------------
\6\ For further discussion, see Department Memorandum, ``Final
Adverse Facts Available Rate for Hyosung,'' dated February 8, 2013.
---------------------------------------------------------------------------
Cost of Production
As discussed in the Preliminary Results, we conducted an
investigation to determine whether Ehwa and Shinhan made home market
sales of the foreign like product during the POR at prices below their
costs of production within the meaning of section 773(b) of the Act.
For these final results, we performed the cost test following the same
methodology as discussed in the Preliminary Results. In accordance with
sections 773(b)(1) and (2) of the Act, we disregarded certain of Ehwa's
and Shinhan's sales in the home market that were made at below-cost
prices.
Final Results of the Review
As a result of the administrative review, we determine that the
following weighted-average dumping margins exist for the period January
23, 2009, through October 31, 2010:
------------------------------------------------------------------------
Margin
Exporter/manufacturer (percent)
------------------------------------------------------------------------
Ehwa Diamond Industrial Co., Ltd............................. 11.90
Hyosung Diamond Industrial Co., Ltd, Western Diamond Tools 120.90
Inc., and Hyosung D&P Co., Ltd..............................
Shinhan Diamond Industrial Co., Ltd. and SH Trading, Inc..... 3.76
------------------------------------------------------------------------
Assessment Rates
The Department shall determine, and U.S. Customs and Border
Protection (CBP) will assess, antidumping duties on all appropriate
entries in accordance with 19 CFR 351.212(b)(1). On October 24, 2011,
the U.S. Court of International Trade preliminarily enjoined
liquidation of entries that are subject to the final determination.\7\
Accordingly, the Department will not instruct CBP to assess antidumping
duties pending resolution of the associated litigation.
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\7\ See Notice of Final Determination of Sales at Less Than Fair
Value and Final Determination of Critical Circumstances: Diamond
Sawblades and Parts Thereof from the Republic of Korea, 71 FR 29310
(May 22, 2006).
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Pursuant to 19 CFR 351.212(b)(1), for all sales made by the
respondents for which they have reported the importer of record and the
entered value of the U.S. sales, we have calculated importer-specific
assessment rates based on the ratio of the total amount of antidumping
duties calculated for the examined sales to the total entered value of
those sales. Where the respondent did not report the entered value for
U.S. sales to an importer, we have calculated importer-specific
assessment rates for the merchandise in question by aggregating the
dumping margins calculated for all U.S. sales to each importer and
dividing this amount by the total quantity of those sales.
[[Page 11820]]
To determine whether the duty assessment rates were de minimis, in
accordance with the requirement set forth in 19 CFR 351.106(c)(2), the
Department calculated importer-specific ad valorem ratios based on the
entered value or the estimated entered value, when entered value was
not reported. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping duties any entries for which
the assessment rate is de minimis (i.e., less than 0.50 percent).
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\8\ This clarification will apply to entries of subject
merchandise during the POR produced by Ehwa and Shinhan for which these
companies did not know that their merchandise was destined for the
United States. In such instances, we will instruct CBP to liquidate
unreviewed entries at the all-others rate if there is no rate for the
intermediate involved in the transaction. For a full discussion of this
clarification, see Assessment Policy Notice.
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\8\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(``Assessment Policy Notice'').
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Cash Deposit Requirements
Effective October 24, 2011, the Department revoked the antidumping
duty order on diamond sawblades from Korea, pursuant to a proceeding
under section 129 of the Uruguay Round Agreements Act to implement the
findings of the World Trade Organization dispute settlement panel in
United States--Use of Zeroing in Anti-Dumping Measures Involving
Products from Korea (WTIDS402/R) (January 18, 2011).\9\ Consequently,
no cash deposits are required on imports of subject merchandise.
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\9\ See Notice of Implementation of Determination Under Section
129 of the Uruguay Round Agreements Act and Revocation of the
Antidumping Duty Order on Diamond Sawblades and Parts Thereof From
the Republic of Korea, 76 FR 66892 (October 28, 2011), and
accompanying Issues and Decision Memorandum.
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Notification to Interested Parties
This notice serves as the only 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 written
notification of return/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 review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: February 8, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix--Issues in Decision Memorandum
General Issues
Comment 1: Whether to Eliminate Zeroing from the Margin Calculation
Constraints
Comment 2: Product-Matching
Comment 3: Fraud Allegations and the Reliability of Respondents'
Submissions
Ehwa-Specific Issues
Comment 4: Treatment of Indirect Selling Expenses
Comment 5: Treatment of U.S. Repacking Expenses
Shinhan-Specific Issues
Comment 6: Diamond Raw Material Consumption
Comment 7: Clerical Error in Treatment of U.S. Repacking and
Calculation of CEP Profit
[FR Doc. 2013-03865 Filed 2-19-13; 8:45 am]
BILLING CODE 3510-DS-P