Diamond Sawblades and Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2010-2011, 36166-36168 [2013-14374]
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36166
Federal Register / Vol. 78, No. 116 / Monday, June 17, 2013 / Notices
Hillsborough and Polk and the City of
Tampa, within and adjacent to the
Tampa Customs and Border Protection
port of entry; FTZ 79’s existing Sites 2,
4, 5, 6 and 7 and proposed site 9 would
be categorized as magnet sites; proposed
Site 10 would be categorized as a usagedriven site; and, Sites 1 and 3 would be
removed.
Whereas, notice inviting public
comment was given in the Federal
Register (77 FR 19001–19002, 03/29/
12), and the application has been
processed pursuant to the FTZ Act and
the Board’s regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report (including for the
removal of Site 8) and finds that the
requirements of the FTZ Act and the
Board’s regulations are satisfied;
Now, therefore, the Board hereby
orders:
The application to reorganize and
expand FTZ 79 under the alternative
site framework is approved, subject to
the FTZ Act and the Board’s regulations,
including Section 400.13, to the Board’s
standard 2,000-acre activation limit for
the zone, to a five-year sunset provision
for magnet sites that would terminate
authority for Sites 2, 4, 6, 7 and 9 if not
activated by June 30, 2018, and to a
three-year ASF sunset provision for a
usage-driven site that would terminate
authority for Site 10 if no foreign status
merchandise is admitted for a bona fide
customs purpose by June 30, 2016.
Signed at Washington, DC, this 10th day of
June 2013.
Paul Piquado,
Assistant Secretary of Commerce for Import
Administration, Alternate Chairman, ForeignTrade Zones Board.
Attest:
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2013–14344 Filed 6–14–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
mstockstill on DSK4VPTVN1PROD with NOTICES
[A–570–900]
Diamond Sawblades and Parts Thereof
From the People’s Republic of China:
Final Results of Antidumping Duty
Administrative Review; 2010–2011
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 10, 2012, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
AGENCY:
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20:38 Jun 14, 2013
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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 November 1, 2010, through
October 31, 2011. 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: As of June 17, 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 10, 2012, 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 April 15, 2013. We extended
the due date for the final results of
review to June 10, 2013.2 We have
conducted this administrative review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Fraud Allegation
On April 5, 2012, the Diamond
Sawblades Manufacturers Coalition (the
petitioner) alleged that Korean
respondents Ehwa Diamond Industrial
Co., Ltd., Shinhan Diamond Industrial
Co., Ltd. and SH Trading Inc., and
Hyosung Diamond Industrial Co., Ltd.,
and their respective Chinese
subsidiaries Weihai Xiangguang
Mechanical Industrial Co., Ltd.
(Weihai), Qingdao Shinhan Diamond
Industrial Co., Ltd. (Qingdao Shinhan),
and Qingdao Hyosung Diamond Tools
Co., Ltd. (Qingdao Hyosung),3 sold
diamond sawblades into the United
States bearing false country of origin
designations. On March 19, 2013, we
1 See Diamond Sawblades and Parts Thereof
From the People’s Republic of China: Preliminary
Results of Antidumping Duty Administrative
Review: 2010–2011, 77 FR 73417 (December 10,
2012) (Preliminary Results).
2 See the memorandum to Gary Taverman, Senior
Advisor for Antidumping and Countervailing Duty
Operations, entitled ‘‘Diamond Sawblades and Parts
Thereof from the Republic of Korea and the
People’s Republic of China: Extension of Deadline
for Final Results of Antidumping Duty
Administrative Reviews’’ dated April 29, 2013.
3 Qingdao Hyosung is not a respondent in this
review.
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Frm 00007
Fmt 4703
Sfmt 4703
issued a post-preliminary analysis
memorandum finding that the
information submitted by Weihai and
Qingdao Shinhan is reliable for the final
results of the review.4 For the final
results, we continue to find the
information Weihai and Qingdao
Shinhan submitted in this review to be
reliable.5
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 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 Import Administration Web site
at https://ia.ita.doc.gov/frn/.
The signed Final Decision
Memorandum and the electronic
version of the Final Decision
Memorandum are identical in content.
4 See the memorandum to Paul Piquado, Assistant
Secretary for Import Administration, entitled
‘‘Administrative Review of the Antidumping Duty
Order on Diamond Sawblades and Parts Thereof
from the People’s Republic of China for the 2010–
2011 Period: Post-Preliminary Analysis’’ dated
March 19, 2013. See also the 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 November 1, 2010,
through October 31, 2011’’ dated June 10, 2013
(Final Decision Memorandum), which is hereby
adopted by this notice, at pages 3–4.
5 See Final Decision Memorandum for more
details.
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Federal Register / Vol. 78, No. 116 / Monday, June 17, 2013 / Notices
Final Determination of No Shipments
We continue to find that Qingdao
Shinhan, which has a separate rate, did
not have any exports of subject
merchandise during the POR. Consistent
with our ‘‘automatic assessment’’
clarification, we will issue appropriate
instructions to CBP based on our final
results.6
Changes Since the Preliminary Results
Based on our analysis of comments
received, we have made revisions that
have changed the results for certain
companies, including the valuation of
certain factors of production.
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 this administrative
review, we determine that the following
weighted-average dumping margins
exist for the period November 1, 2010,
through October 31, 2011:
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Company a
Margin
(percent)
Advanced Technology & Materials 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 ................
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 ................
Hebei Husqvarna-Jikai Diamond Tools Co., Ltd .............
Huzhou Gu’s Import & Export
Co., Ltd .................................
HXF Saw Co., Ltd ....................
Jiangsu Fengtai Diamond Tool
Manufacture Co., Ltd ............
Jiangsu Inter-China Group Corporation .................................
Jiangsu Youhe Tool Manufacturer Co., Ltd .........................
0.00
0.00
0.00
8.10
8.10
0.00
8.10
8.10
8.10
8.10
8.10
8.10
8.10
0.00
Margin
(percent)
Company a
Quanzhou Zhongzhi Diamond
Tool Co. Ltd ..........................
Rizhao Hein Saw Co., Ltd ........
Saint-Gobain Abrasives
(Shanghai) Co., Ltd ...............
Shanghai Robtol Tool Manufacturing Co., Ltd .......................
Weihai Xiangguang Mechanical
Industrial Co., Ltd b ...............
Wuhan Wanbang Laser Diamond Tools Co .....................
Xiamen ZL Diamond Technology Co., Ltd ......................
Zhejiang Wanli Tools Group
Co., Ltd .................................
PRC-Wide Entity c .....................
8.10
8.10
8.10
8.10
8.10
8.10
8.10
8.10
164.09
a During this segment of the proceeding, we
identified certain name variations for several
companies. See Preliminary Results, 77 FR at
73418–49, and accompanying Preliminary Decision Memorandum at 14.
b Weihai exported some of the subject merchandise to the United States through its Korean parent company, Ehwa Diamond Industrial Co., Ltd. See, e.g., Weihai’s March 23,
2012, section A response at 1–2.
c 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, China Iron and
Steel Research Institute Group, 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.
Assessment
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), the
Department shall determine, and U.S.
8.10 Customs and Border Protection (CBP)
shall assess, antidumping duties on all
8.10 appropriate entries covered by this
review. For customers or importers of
6 See Non-Market Economy Antidumping
Weihai for which we do not have
Proceedings: Assessment of Antidumping Duties, 76
entered value, we calculated customerFR 65694 (October 4, 2011) (Assessment Practice
/importer-specific antidumping duty
Refinement); see also the ‘‘Assessment’’ section of
assessment amounts based on the ratio
this notice, below.
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of the total amount of dumping duties
calculated for the examined sales of
subject merchandise to the total sales
quantity of those same sales.7 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).
The Department has applied 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.8 For all non-selected
respondents that received a separate
rate, we will instruct CBP to apply an
antidumping duty assessment rate of
8.10 percent 9 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 10 to all entries of
subject merchandise exported by these
companies.
On October 24, 2011, the Department
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.11 In addition, for
companies where the Department
determined that the 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.12
We intend to issue assessment
instructions to CBP 15 days after the
date of publication of the final results of
review.
7 See
8.10
Fmt 4703
Sfmt 4703
36167
19 CFR 351.212(b)(1).
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).
9 See Final Decision Memorandum at 5.
10 See Diamond Sawblades and Parts Thereof
From the People’s Republic of China and the
Republic of Korea: Antidumping Duty Orders, 74 FR
57145, 57147 (November 4, 2009).
11 For a full discussion of this practice, see
Assessment Practice Refinement.
12 Id.
8 See
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Federal Register / Vol. 78, No. 116 / Monday, June 17, 2013 / Notices
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 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 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; 13 (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
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; (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
shall remain in effect until further
notice.
Notification
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: June 10, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix
1. Separate Rate
2. Corporate Affiliation
3. Targeted Dumping Allegation
4. Post-Preliminary FOP Data
5. Surrogate Country
6. Surrogate Values
—Bronze Powder
—Cores
—Diamond Powder
—Energy Inputs
—Financial Ratios
—Labor Costs
—Oxygen
—Steel Types
—Truck Freight
—The Philippine Data
7. U.S. Repacking Expense
[FR Doc. 2013–14374 Filed 6–14–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
mstockstill on DSK4VPTVN1PROD with NOTICES
13 We
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20:38 Jun 14, 2013
Jkt 229001
Fresh Garlic From the People’s
Republic of China: Final Results of
Antidumping Duty Administrative
Review; 2010–2011
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 12, 2012, the
Department of Commerce (Department)
published the Preliminary Results of the
2010–2011 administrative review of the
antidumping duty order on fresh garlic
from the People’s Republic of China
(PRC). The period of review (POR) is
November 1, 2010, through October 31,
2011.1 The final dumping margins are
AGENCY:
1 See Fresh Garlic From the People’s Republic of
China: Preliminary Results of Antidumping Duty
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Fmt 4703
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Background
On December 12, 2012, the
Department published the Preliminary
Results.2 In January, the Department
conducted verification of Golden Bird.
On March 25, 2013, the Department
fully extended the time limit for these
final results by 60 days to June 10,
2013.3
The Department received case briefs
from Petitioners,4 Hebei Golden Bird
Trading Co., Ltd. (Golden Bird),
Shenzhen Xinboda Industrial Co., Ltd.
(Xinboda), Weifang Hongqiao
International Logistics Co., Ltd.
(Hongqiao) and Zhengzhou Huachao
Industrial Co., Ltd. (Huachao) on April
25, 2013. Further, between April 30 and
May 2, 2013, Petitioners, Golden Bird,
Xinboda, Hongqiao, and Jinxiang Hejia
Co., Ltd. (Hejia) filed rebuttal briefs. No
other case or rebuttal briefs were filed
by interested parties.
Scope of the Order
[A–570–831]
note that, pursuant to a section 129
determination, the Department announced it would
instruct CBP ‘‘to discontinue the collection of cash
deposits for estimated antidumping duties for
AT&M.’’ See Certain Frozen Warmwater Shrimp
From the People’s Republic of China and Diamond
Sawblades and Parts Thereof From the People’s
Republic of China: Notice of Implementation of
Determinations Under Section 129 of the Uruguay
Round Agreements Act and Partial Revocation of
the Antidumping Duty Orders, 78 FR 18958 (March
28, 2013). However, because of an injunction issued
by the U.S. Court of International Trade in CIT Ct.
No. 09–00511, the Department also explained that
‘‘future entries of such merchandise are subject to
suspension of liquidation at the cash deposit rate
of zero. Subsequent action will be consistent with
the final court decision.’’ Id. at 18960, n.20. Thus,
while the Department continues to be enjoined from
ordering the lifting of suspension of liquidation
regarding incoming entries, future entries of such
merchandise will continue to be subject to
suspension of liquidation at the cash deposit rate
of zero, consistent with the final section 129
determination.
listed in the ‘‘Final Results of Review’’
section below.
DATES: Effective Date: June 17, 2013.
FOR FURTHER INFORMATION CONTACT:
Lingjun Wang and David Lindgren, AD/
CVD Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–2316 and (202)
482–3870, respectively.
SUPPLEMENTARY INFORMATION:
The products subject to the order are
all grades of garlic, whole or separated
into constituent cloves. Fresh garlic that
is subject to the order is currently
classified under the Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings 0703.20.0000,
0703.20.0005, 0703.20.0010,
0703.20.0015, 0703.20.0020,
0703.20.0090, 0710.80.7060,
0710.80.9750, 0711.90.6000,
0711.90.6500, 2005.90.9500,
2005.90.9700, 2005.99.9700. A full
description of the scope of the order is
contained in the Final Decision
Memorandum, incorporated by
Administrative Review; 2010–2011, 77 FR 73980
(December 12, 2012) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 Id., 77 FR at 73981.
3 See Memorandum to Edward Yang, Senior
Director, China/Non-Market Economy Unit
regarding ‘‘Fresh Garlic from the People’s Republic
of China: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,’’ dated
March 25, 2013.
4 Petitioners are the Fresh Garlic Producers
Association, its individual members being
Christopher Ranch L.L.C., The Garlic Company,
Valley Garlic, and Vessey and Company, Inc.
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Agencies
[Federal Register Volume 78, Number 116 (Monday, June 17, 2013)]
[Notices]
[Pages 36166-36168]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14374]
-----------------------------------------------------------------------
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; 2010-
2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 10, 2012, 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 November 1, 2010, through October
31, 2011. 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: As of June 17, 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 10, 2012, 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 April 15, 2013. We extended
the due date for the final results of review to June 10, 2013.\2\ We
have conducted this administrative review in accordance with section
751 of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Diamond Sawblades and Parts Thereof From the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review: 2010-2011, 77 FR 73417 (December 10, 2012)
(Preliminary Results).
\2\ See the memorandum to Gary Taverman, Senior Advisor for
Antidumping and Countervailing Duty Operations, entitled ``Diamond
Sawblades and Parts Thereof from the Republic of Korea and the
People's Republic of China: Extension of Deadline for Final Results
of Antidumping Duty Administrative Reviews'' dated April 29, 2013.
---------------------------------------------------------------------------
Fraud Allegation
On April 5, 2012, the Diamond Sawblades Manufacturers Coalition
(the petitioner) alleged that Korean respondents Ehwa Diamond
Industrial Co., Ltd., Shinhan Diamond Industrial Co., Ltd. and SH
Trading Inc., and Hyosung Diamond Industrial Co., Ltd., and their
respective Chinese subsidiaries Weihai Xiangguang Mechanical Industrial
Co., Ltd. (Weihai), Qingdao Shinhan Diamond Industrial Co., Ltd.
(Qingdao Shinhan), and Qingdao Hyosung Diamond Tools Co., Ltd. (Qingdao
Hyosung),\3\ sold diamond sawblades into the United States bearing
false country of origin designations. On March 19, 2013, we issued a
post-preliminary analysis memorandum finding that the information
submitted by Weihai and Qingdao Shinhan is reliable for the final
results of the review.\4\ For the final results, we continue to find
the information Weihai and Qingdao Shinhan submitted in this review to
be reliable.\5\
---------------------------------------------------------------------------
\3\ Qingdao Hyosung is not a respondent in this review.
\4\ See the memorandum to Paul Piquado, Assistant Secretary for
Import Administration, entitled ``Administrative Review of the
Antidumping Duty Order on Diamond Sawblades and Parts Thereof from
the People's Republic of China for the 2010-2011 Period: Post-
Preliminary Analysis'' dated March 19, 2013. See also the 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 November 1, 2010, through October 31, 2011''
dated June 10, 2013 (Final Decision Memorandum), which is hereby
adopted by this notice, at pages 3-4.
\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 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 Import Administration Web site at https://ia.ita.doc.gov/frn/. The signed Final Decision Memorandum and
the electronic version of the Final Decision Memorandum are identical
in content.
[[Page 36167]]
Final Determination of No Shipments
We continue to find that Qingdao Shinhan, which has a separate
rate, did not have any exports of subject merchandise during the POR.
Consistent with our ``automatic assessment'' clarification, we will
issue appropriate instructions to CBP based on our final results.\6\
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\6\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 4, 2011) (Assessment
Practice Refinement); see also the ``Assessment'' section of this
notice, below.
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Changes Since the Preliminary Results
Based on our analysis of comments received, we have made revisions
that have changed the results for certain companies, including the
valuation of certain factors of production. 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 this administrative review, we determine that the
following weighted-average dumping margins exist for the period
November 1, 2010, through October 31, 2011:
------------------------------------------------------------------------
Margin
Company \a\ (percent)
------------------------------------------------------------------------
Advanced Technology & Materials Co., Ltd................... 0.00
AT&M International Trading Co., Ltd........................ 0.00
Beijing Gang Yan Diamond Products Co....................... 0.00
Bosun Tools Co., Ltd....................................... 8.10
Chengdu Huifeng Diamond Tools Co., Ltd..................... 8.10
Cliff International Ltd.................................... 0.00
Danyang Huachang Diamond Tools Manufacturing Co., Ltd...... 8.10
Danyang NYCL Tools Manufacturing Co., Ltd.................. 8.10
Danyang Weiwang Tools Manufacturing Co., Ltd............... 8.10
Guilin Tebon Superhard Material Co., Ltd................... 8.10
Hangzhou Deer King Industrial & Trading Co., Ltd........... 8.10
Hebei Husqvarna-Jikai Diamond Tools Co., Ltd............... 8.10
Huzhou Gu's Import & Export Co., Ltd....................... 8.10
HXF Saw Co., Ltd........................................... 0.00
Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd.......... 8.10
Jiangsu Inter-China Group Corporation...................... 8.10
Jiangsu Youhe Tool Manufacturer Co., Ltd................... 8.10
Quanzhou Zhongzhi Diamond Tool Co. Ltd..................... 8.10
Rizhao Hein Saw Co., Ltd................................... 8.10
Saint-Gobain Abrasives (Shanghai) Co., Ltd................. 8.10
Shanghai Robtol Tool Manufacturing Co., Ltd................ 8.10
Weihai Xiangguang Mechanical Industrial Co., Ltd \b\....... 8.10
Wuhan Wanbang Laser Diamond Tools Co....................... 8.10
Xiamen ZL Diamond Technology Co., Ltd...................... 8.10
Zhejiang Wanli Tools Group Co., Ltd........................ 8.10
PRC-Wide Entity \c\........................................ 164.09
------------------------------------------------------------------------
\a\ During this segment of the proceeding, we identified certain name
variations for several companies. See Preliminary Results, 77 FR at
73418-49, and accompanying Preliminary Decision Memorandum at 14.
\b\ Weihai exported some of the subject merchandise to the United States
through its Korean parent company, Ehwa Diamond Industrial Co., Ltd.
See, e.g., Weihai's March 23, 2012, section A response at 1-2.
\c\ 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, China Iron and Steel
Research Institute Group, 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.
Assessment
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department shall determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries
covered by this review. For customers or importers of Weihai for which
we do not have entered value, we calculated customer-/importer-specific
antidumping duty assessment amounts based on the ratio of the total
amount of dumping duties calculated for the examined sales of subject
merchandise to the total sales quantity of those same sales.\7\ 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).
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\7\ See 19 CFR 351.212(b)(1).
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The Department has applied 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.\8\ For all non-selected respondents that received a
separate rate, we will instruct CBP to apply an antidumping duty
assessment rate of 8.10 percent \9\ 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 \10\ to all entries of subject
merchandise exported by these companies.
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\8\ 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).
\9\ See Final Decision Memorandum at 5.
\10\ See Diamond Sawblades and Parts Thereof From the People's
Republic of China and the Republic of Korea: Antidumping Duty
Orders, 74 FR 57145, 57147 (November 4, 2009).
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On October 24, 2011, the Department 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.\11\ In addition, for companies where the Department
determined that the 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.\12\
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\11\ For a full discussion of this practice, see Assessment
Practice Refinement.
\12\ Id.
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We intend to issue assessment instructions to CBP 15 days after the
date of publication of the final results of review.
[[Page 36168]]
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 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
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; \13\ (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 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; (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 shall remain in effect until
further notice.
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\13\ We note that, pursuant to a section 129 determination, the
Department announced it would instruct CBP ``to discontinue the
collection of cash deposits for estimated antidumping duties for
AT&M.'' See Certain Frozen Warmwater Shrimp From the People's
Republic of China and Diamond Sawblades and Parts Thereof From the
People's Republic of China: Notice of Implementation of
Determinations Under Section 129 of the Uruguay Round Agreements Act
and Partial Revocation of the Antidumping Duty Orders, 78 FR 18958
(March 28, 2013). However, because of an injunction issued by the
U.S. Court of International Trade in CIT Ct. No. 09-00511, the
Department also explained that ``future entries of such merchandise
are subject to suspension of liquidation at the cash deposit rate of
zero. Subsequent action will be consistent with the final court
decision.'' Id. at 18960, n.20. Thus, while the Department continues
to be enjoined from ordering the lifting of suspension of
liquidation regarding incoming entries, future entries of such
merchandise will continue to be subject to suspension of liquidation
at the cash deposit rate of zero, consistent with the final section
129 determination.
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Notification
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: June 10, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
1. Separate Rate
2. Corporate Affiliation
3. Targeted Dumping Allegation
4. Post-Preliminary FOP Data
5. Surrogate Country
6. Surrogate Values
--Bronze Powder
--Cores
--Diamond Powder
--Energy Inputs
--Financial Ratios
--Labor Costs
--Oxygen
--Steel Types
--Truck Freight
--The Philippine Data
7. U.S. Repacking Expense
[FR Doc. 2013-14374 Filed 6-14-13; 8:45 am]
BILLING CODE 3510-DS-P