Diamond Sawblades and Parts Thereof From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2010-2011: Amended Final Results, 46569-46570 [2013-18525]

Download as PDF Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Notices Interim Final Rule, 76 FR 7491 (February 10, 2011) (‘‘Interim Final Rule’’), amending 19 CFR 351.303(g)(1) and (2); Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings: Supplemental Interim Final Rule, 76 FR 54697 (September 2, 2011). All segments of any antidumping duty or countervailing duty proceedings initiated on or after August 16, 2013, should use the formats for the revised certifications provided at the end of the Final Rule. See Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (‘‘Final Rule’’); see also the frequently asked questions regarding the Final Rule, available at https://ia.ita.doc.gov/tlei/notices/ factual_info_final_rule_FAQ _07172013.pdf. The Department intends to reject factual submissions in any proceeding segments if the submitting party does not comply with applicable revised certification requirements. These initiations and this notice are in accordance with section 751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i). period of review (POR) is November 1, 2010, through October 23, 2011. DATES: Effective Date: August 1, 2013. FOR FURTHER INFORMATION CONTACT: Sergio Balbontin, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone 202– 482–6478. SUPPLEMENTARY INFORMATION: Background On June 13, 2013, the Department disclosed to interested parties its calculations for the Final Results. On June 19, 2013, we received a ministerial error allegation from Ehwa Diamond Industrial Co., Ltd. (Ehwa). Scope of the Order International Trade Administration 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 Memorandum to Paul Piquado, Assistant Secretary for Import Administration, entitled ‘‘Issues and Decision Memorandum for the Final Results in the Second Antidumping Duty Order Administrative Review of Diamond Sawblades and Parts Thereof from the Republic of Korea’’ dated June 10, 2013.2 The written description is dispositive. [A–580–855] Ministerial Error Diamond Sawblades and Parts Thereof From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2010–2011: Amended Final Results Section 751(h) of the Tariff Act of 1930, as amended (Act), and 19 CFR 351.224(f) define a ‘‘ministerial error’’ as an error ‘‘in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any similar type of unintentional error which the Secretary considers ministerial.’’ We have analyzed Ehwa’s ministerial error comments and have determined, in accordance with section 751(h) of the Act and 19 CFR 351.224(e), that we, in Dated: July 24, 2013. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2013–18555 Filed 7–31–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) is amending the final results of the administrative review of the antidumping duty order on diamond sawblades and parts thereof (diamond sawblades) from the Republic of Korea (Korea) to correct certain ministerial errors.1 In addition, the Department is correcting the assessment language published in the Final Results. The mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: 1 See Diamond Sawblades and Parts Thereof From the Republic of Korea: Final Results of Antidumping Duty Administrative Review, 2010– 2011, 78 FR 36524 (June 18, 2013) (Final Results). VerDate Mar<15>2010 17:02 Jul 31, 2013 Jkt 229001 2 The 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 memorandum can be accessed directly on the Internet at https:// www.trade.gov/ia/. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 46569 fact, made ministerial errors in our calculations for the Final Results: See Memorandum from Sergio Balbontin to Susan H. Kuhbach, Antidumping Duty Administrative Review: Diamond Sawblades and Parts Thereof from the Republic of Korea; Ministerial Error Allegation for the Final Results,’’ dated concurrent with this notice, and hereby incorporated by reference. In accordance with section 751(h) of the Act and 19 CFR 351.224(e), we are amending the Final Results of the administrative review of diamond sawblades from Korea. The revised weighted-average dumping margins are detailed below. Final Results of the Review As a result of this amended administrative review, we determine that the following weighted-average dumping margins exist for the period November 1, 2010, through October 23, 2011: Exporter/Manufacturer Ehwa Diamond Industrial Co., Ltd. .. Hyosung Diamond Industrial Co., Ltd, Western Diamond Tools Inc., and Hyosung D&P Co., Ltd. ......... Shinhan Diamond Industrial Co., Ltd. and SH Trading, Inc. (collectively, Shinhan) ............................. Margin (%) 0.00 120.90 0.00 Disclosure We will disclose the calculations performed for these amended final results to interested parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Assessment Rates We are amending the assessment rate language published in the Final Results, which contained erroneous assessment information for companies with a weighted-average margin of zero or de minimis (i.e., 0.50 percent or more). 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.3 Accordingly, the Department will not instruct CBP to 3 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). E:\FR\FM\01AUN1.SGM 01AUN1 46570 Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Notices assess antidumping duties pending resolution of the associated litigation. For any individually examined respondents whose weighted-average dumping margin is above de minimis, we will calculate importer-specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the importer’s examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1). We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate calculated in the final results of this review is above de minimis. Where either the respondent’s weightedaverage dumping margin is zero or de minimis,4 or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003.5 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 mstockstill on DSK4VPTVN1PROD with NOTICES 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).6 Consequently, no 4 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 2012). 5 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). 6 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 17:02 Jul 31, 2013 Jkt 229001 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. These final results of review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: July 25, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–18525 Filed 7–31–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–823–808] Suspension Agreement on Certain Cutto-Length Carbon Steel Plate From Ukraine; Administrative Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: August 1, 2013. SUMMARY: The Department of Commerce (the Department) preliminarily determines that Metinvest Holding LLC (Metinvest) and its affiliated companies, Azovstal Iron & Steel Works (Azovstal) and Ilyich Iron and Steel Works (Ilyich), are in compliance with the agreement suspending the antidumping investigation of certain cut-to-length carbon steel plate (CTL plate) from Ukraine for the period November 1, 2011 through October 31, 2012. The preliminary results are set forth in the section titled ‘‘Methodology and Preliminary Results,’’ infra. We intend to issue the final results within 120 days after publication of these preliminary results in the Federal Register. FOR FURTHER INFORMATION CONTACT: Judith Wey Rudman or Anne D’Alauro, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482–0192 or (202) 482–4830. AGENCY: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 SUPPLEMENTARY INFORMATION: Scope of Review The products covered by the Agreement are hot-rolled iron and nonalloy steel universal mill plates, of rectangular shape, neither clad, plated nor coated with metal, whether or not painted, varnished, or coated with plastics or other nonmetallic substances; and certain iron and non-alloy steel flatrolled products not in coils, of rectangular shape, hot-rolled, neither clad, plated, nor coated with metal, whether or not painted, varnished, or coated with plastics or other nonmetallic substances, 4.75 mm or more in thickness and of a width which exceeds 150 mm and measures at least twice the thickness. This merchandise is currently classified in the Harmonized Tariff Schedule of the United States (HTS) under item numbers 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, and 7212.50.0000. Excluded from the subject merchandise within the scope of this Agreement is grade X–70 plate. Although the HTS subheadings are provided for convenience and customs purposes, our written description of the scope of the Agreement is dispositive. For a full description of the scope of this Agreement, see Suspension of Antidumping Duty Investigation: Certain Cut-to-Length Carbon Steel Plate From Ukraine, 73 FR 57602 (October 3, 2008) (Agreement), Appendix A. Methodology and Preliminary Results On September 29, 2008, the Department signed an agreement under section 734(b) of the Tariff Act of 1930, as amended (the Act), with Ukrainian steel producers/exporters, including Azovstal and Ilyich, suspending the antidumping duty investigation on CTL plate from Ukraine. See Agreement. On November 30, 2012, Nucor Corporation submitted a request for an administrative review of the Agreement for CTL plate produced by Metinvest or any of its affiliates. Metinvest owns the Ukrainian CTL plate producers, Azovstal and Ilyich, and sells the companies’ products to the United States.1 1 See, e.g., the Public Version of the February 4, 2011, ‘‘Verification Report: Metinvest International, SA’’ at pages 1 and 2 and Public Version of Metinvest’s September 7, 2012, Narrative Section A Questionnaire Response at pages 8–10. E:\FR\FM\01AUN1.SGM 01AUN1

Agencies

[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Notices]
[Pages 46569-46570]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18525]


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

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; 2010-2011: 
Amended Final Results

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Department) is amending the final 
results of the administrative review of the antidumping duty order on 
diamond sawblades and parts thereof (diamond sawblades) from the 
Republic of Korea (Korea) to correct certain ministerial errors.\1\ In 
addition, the Department is correcting the assessment language 
published in the Final Results. The period of review (POR) is November 
1, 2010, through October 23, 2011.
---------------------------------------------------------------------------

    \1\ See Diamond Sawblades and Parts Thereof From the Republic of 
Korea: Final Results of Antidumping Duty Administrative Review, 
2010-2011, 78 FR 36524 (June 18, 2013) (Final Results).

---------------------------------------------------------------------------
DATES: Effective Date: August 1, 2013.

FOR FURTHER INFORMATION CONTACT: Sergio Balbontin, AD/CVD Operations, 
Office 1, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone 202-482-6478.

SUPPLEMENTARY INFORMATION:

Background

    On June 13, 2013, the Department disclosed to interested parties 
its calculations for the Final Results. On June 19, 2013, we received a 
ministerial error allegation from Ehwa Diamond Industrial Co., Ltd. 
(Ehwa).

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 Memorandum to 
Paul Piquado, Assistant Secretary for Import Administration, entitled 
``Issues and Decision Memorandum for the Final Results in the Second 
Antidumping Duty Order Administrative Review of Diamond Sawblades and 
Parts Thereof from the Republic of Korea'' dated June 10, 2013.\2\ The 
written description is dispositive.
---------------------------------------------------------------------------

    \2\ The 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 memorandum can be 
accessed directly on the Internet at https://www.trade.gov/ia/.
---------------------------------------------------------------------------

Ministerial Error

    Section 751(h) of the Tariff Act of 1930, as amended (Act), and 19 
CFR 351.224(f) define a ``ministerial error'' as an error ``in 
addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
similar type of unintentional error which the Secretary considers 
ministerial.'' We have analyzed Ehwa's ministerial error comments and 
have determined, in accordance with section 751(h) of the Act and 19 
CFR 351.224(e), that we, in fact, made ministerial errors in our 
calculations for the Final Results: See Memorandum from Sergio 
Balbontin to Susan H. Kuhbach, Antidumping Duty Administrative Review: 
Diamond Sawblades and Parts Thereof from the Republic of Korea; 
Ministerial Error Allegation for the Final Results,'' dated concurrent 
with this notice, and hereby incorporated by reference.
    In accordance with section 751(h) of the Act and 19 CFR 351.224(e), 
we are amending the Final Results of the administrative review of 
diamond sawblades from Korea. The revised weighted-average dumping 
margins are detailed below.

Final Results of the Review

    As a result of this amended administrative review, we determine 
that the following weighted-average dumping margins exist for the 
period November 1, 2010, through October 23, 2011:

------------------------------------------------------------------------
                                                                  Margin
                     Exporter/Manufacturer                         (%)
------------------------------------------------------------------------
Ehwa Diamond Industrial Co., Ltd...............................     0.00
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.           0.00
 (collectively, Shinhan).......................................
------------------------------------------------------------------------

Disclosure

    We will disclose the calculations performed for these amended final 
results to interested parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b).

Assessment Rates

    We are amending the assessment rate language published in the Final 
Results, which contained erroneous assessment information for companies 
with a weighted-average margin of zero or de minimis (i.e., 0.50 
percent or more).
    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.\3\ 
Accordingly, the Department will not instruct CBP to

[[Page 46570]]

assess antidumping duties pending resolution of the associated 
litigation.
---------------------------------------------------------------------------

    \3\ 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).
---------------------------------------------------------------------------

    For any individually examined respondents whose weighted-average 
dumping margin is above de minimis, we will calculate importer-specific 
ad valorem duty assessment rates based on the ratio of the total amount 
of dumping calculated for the importer's examined sales to the total 
entered value of those same sales in accordance with 19 CFR 
351.212(b)(1).
    We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review when the importer-specific 
assessment rate calculated in the final results of this review is above 
de minimis. Where either the respondent's weighted-average dumping 
margin is zero or de minimis,\4\ or an importer-specific assessment 
rate is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------

    \4\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012).
---------------------------------------------------------------------------

    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\5\ 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.
---------------------------------------------------------------------------

    \5\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(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).\6\ Consequently, 
no cash deposits are required on imports of subject merchandise.
---------------------------------------------------------------------------

    \6\ 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.
---------------------------------------------------------------------------

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: July 25, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-18525 Filed 7-31-13; 8:45 am]
BILLING CODE 3510-DS-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.