Diamond Sawblades and Parts Thereof From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2011-2012, 77098-77101 [2013-30338]
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Federal Register / Vol. 78, No. 245 / Friday, December 20, 2013 / Notices
Dated: December 17, 2013.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2013–30207 Filed 12–19–13; 8:45 am]
[FR Doc. 2013–30296 Filed 12–19–13; 8:45 am]
BILLING CODE 3410–11–P
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
Submission for OMB Review;
Comment Request
emcdonald on DSK4SPTVN1PROD with NOTICES
Dated: December 9, 2013.
Gilbert Zepeda,
Deputy Regional Forester, Southwestern
Region.
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: Bureau of Industry and
Security.
Title: Triangular Transactions
Covered by a U.S. Import Certificate.
OMB Control Number: 0694–0009.
Form Number(s): N/A.
Type of Request: Regular submission
(extension of a currently approved
information collection).
Burden Hours: 30 minutes.
Number of Respondents: 1 respondent
Average Hours per Response: 30
minutes.
Needs and Uses: This collection of
information provides a means to
authorize approved imports to the U.S.
to be transhipped to another destination
instead of being imported to the U.S. as
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stamped on import certificates as
notification that the importer does not
intend to import or retain the items in
the country issuing the certificate, but
that, in any case, the items will not be
delivered to any other destination
except in accordance with the Export
Administration Regulations.
Affected Public: Businesses and other
for-profit organizations.
Frequency: On occasion.
Respondent’s Obligation: Required to
obtain or retain benefits.
Copies of the above information
collection proposal can be obtained by
calling or writing Jennifer Jessup,
Departmental Paperwork Clearance
Officer, (202) 482–0336, Department of
Commerce, Room 6616, 14th and
Constitution Avenue NW., Washington,
DC 20230 (or via the Internet at JJessup@
doc.gov).
Written comments and
recommendations for the proposed
information collection should be sent
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notice to Jasmeet Seehra, OMB Desk
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Jasmeet_K._Seehra@omb.eop.gov, or fax
to (202) 395–5167.
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: Natural Resource Damage
Assessment Restoration Project
Information Sheet.
OMB Control Number: 0648–0497.
Form Number(s): NA.
Type of Request: Regular submission
(extension of a current information
collection).
Number of Respondents: 1,800.
Average Hours per Response: Initial
completion of information sheet, 20
minutes; updates, 10 minutes.
Burden Hours: 927.
Needs and Uses: This request is for an
extension of a currently approved
information collection.
The purpose of this information
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Affected Public: Not-for-profit
institutions, state, local or tribal
governments, businesses or other forprofit organizations, individuals or
households, farms.
Frequency: On occasion and then at
least annually.
Respondent’s Obligation: Voluntary.
OMB Desk Officer: OIRA_
Submission@omb.eop.gov.
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Copies of the above information
collection proposal can be obtained by
calling or writing Jennifer Jessup,
Departmental Paperwork Clearance
Officer, (202) 482–0336, Department of
Commerce, Room 6616, 14th and
Constitution Avenue NW., Washington,
DC 20230 (or via the Internet at JJessup@
doc.gov).
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to OIRA_Submission@
omb.eop.gov.
Dated: December 16, 2013.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2013–30275 Filed 12–19–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–900]
Diamond Sawblades and Parts Thereof
From the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2011–
2012
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on diamond
sawblades and parts thereof (diamond
sawblades) from the People’s Republic
of China (PRC). The period of review
(POR) is November 1, 2011, through
October 31, 2012. The Department has
preliminarily determined that certain
companies covered by this review made
sales of subject merchandise at less than
normal value. Interested parties are
invited to comment on these
preliminary results.
SUMMARY:
DATES:
Effective Date: December 20,
2013.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun or Michael A. Romani,
AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–5760 and (202) 482–0198,
respectively.
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Federal Register / Vol. 78, No. 245 / Friday, December 20, 2013 / Notices
Scope of the Order
The merchandise subject to the order
is diamond sawblades. The diamond
sawblades subject to the order are
currently classifiable under subheadings
8202 to 8206 of the Harmonized Tariff
Schedule of the United States (HTSUS),
and may also enter under 6804.21.00.
While the HTSUS subheadings are
provided for convenience and customs
purposes, the written description is
dispositive. A full description of the
scope of the order is contained in the
Preliminary Decision Memorandum.1
Methodology
The Department has conducted this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act). Export price and
constructed export price have been
calculated in accordance with section
772 of the Act. Because the PRC is a
nonmarket economy (NME) within the
meaning of section 771(18) of the Act,
normal value has been calculated in
accordance with section 773(c) of the
Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via IA ACCESS. IA
ACCESS is available to registered users
at https://iaaccess.trade.gov and in the
Central Records Unit, room 7046 of the
main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
on the internet at https://
enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
emcdonald on DSK4SPTVN1PROD with NOTICES
1 See the Memorandum from Deputy Assistant
Secretary Christian Marsh to Acting Assistant
Secretary Ronald K. Lorentzen entitled ‘‘Decision
Memorandum for Preliminary Results of 2011–2012
Antidumping Duty Administrative Review:
Diamond Sawblades and Parts Thereof from the
People’s Republic of China’’ dated concurrently
with and hereby adopted by this notice
(Preliminary Decision Memorandum).
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Affiliation and Treatment of Affiliated
Parties as a Single Entity
We preliminarily find that the
companies which comprised ATM
Single Entity in prior reviews,2 i.e.,
Advanced Technology & Materials Co.,
Ltd., AT&M International Trading Co.,
Ltd.,3 Beijing Gang Yan Diamond
Products Co., Cliff International Ltd.,
and HXF Saw Co., Ltd.,4 continue to be
affiliated.5
Preliminary Determination of No
Shipments
The following companies, which
received separate rates in previous
segments of the proceeding and are
subject to this review, reported that they
did not have any exports of subject
merchandise during the POR:
Qingdao Shinhan Diamond Industrial
Co., Ltd.
Saint-Gobain Abrasives (Shanghai) Co.6
2 See Diamond Sawblades and Parts Thereof
From the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; 2009–
2010, 78 FR 11143, 11144 (February 15, 2013) (1st
Review Final), and Diamond Sawblades and Parts
Thereof From the People’s Republic of China: Final
Results of Antidumping Duty Administrative
Review; 2010–2011, 78 FR 36166 (June 17, 2013)
(2nd Review Final), and the accompanying Issues
and Decision Memorandum at 2.
3 ATM International Trading Co., Ltd., a company
for which we initiated this review in Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation
in Part, 77 FR 77017, 77020 (December 31, 2012)
(Initiation Notice), is the same company as AT&M
International Trading Co., Ltd. See Diamond
Sawblades and Parts Thereof From the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review and
Intent To Rescind Review in Part, 76 FR 76135,
76136 (December 6, 2011), unchanged in 1st Review
Final.
4 Yichang HXF Circular Saw Industrial Co., Ltd.,
changed its name to HXF Saw Co., Ltd. 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, 73419 n.14 (December 10,
2012), unchanged in 2nd Review Final (collectively
2nd Review Notices).
5 For a full discussion of these companies’
affiliation status, see the memorandum dated
December 16, 2013, which places on the record of
this review the memorandum entitled ‘‘Diamond
Sawblades and Parts Thereof from the People’s
Republic of China: ATM Single Entity,’’ dated
December 3, 2012.
6 See the no shipment letters filed by Qingdao
Shinhan and Saint-Gobain Abrasives (Shanghai) Co.
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CBP data for the POR corroborated
these companies’ no-shipment claims.7
Additionally, we requested that CBP
report any contrary information.8 To
date, CBP has not responded to our
inquiry with any contrary information
and we have not received any evidence
that these companies had any shipments
of the subject merchandise sold to the
United States during the POR.9
Consistent with the Department’s
refinement to its assessment practice in
NME cases regarding no shipment
claims, we are completing the review
with respect to these three companies
and will issue appropriate instructions
to CBP based on the final results of the
review.10
We also received no shipment claims
from China Iron and Steel Research
Institute Group (CISRI) and Fujian
Quanzhou Wanlong Stone Co., Ltd.
(Fujian Quanzhou).11 Because these two
companies do not have a separate rate
and remain part of the PRC entity, we
are not addressing their no-shipment
claims.
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
on March 1, 2013. In the last completed
administrative review, the Department found that
Saint-Gobain Abrasives Inc., a company for which
we initiated this review in Initiation Notice, 77 FR
at 77020, is Saint-Gobain Abrasives (Shanghai) Co.,
Ltd.’s U.S. affiliate. See 2nd Review Notices, 77 FR
at 73419 n,17.
7 See the memorandum entitled ‘‘Diamond
Sawblades and Parts Thereof—Placing CBP Data on
the record of this review’’ dated January 7, 2013.
8 See CBP message numbers 3091303 and
3091304 dated April 1, 2013, for Qingdao Shinhan
and Saint-Gobain Abrasives (Shanghai) Co., Ltd.,
respectively.
9 CBP only responds to the Department’s inquiry
when there are records of shipments from the
company in question. See, e.g., Certain Hot-Rolled
Flat-Rolled Carbon Quality Steel Flat Products
From Brazil: Notice of Rescission of Antidumping
Duty Administrative Review, 75 FR 65453, 65454
(October 25, 2010).
10 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), and the ‘‘Assessment
Rates’’ section below.
11 See the no shipment letter filed by CISRI on
March 1, 2013, and Fujian Quanzhou dated
February 4, 2013.
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Exporter
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Bosun Tools Co., Ltd 12 ........
Chengdu Huifeng Diamond
Tools Co., 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 and Trading Co., Ltd ..
Husqvarna (Hebei) Co.,
Ltd 13 .................................
Huzhou Gu’s Import & Export Co., Ltd 14 ..................
Jiangsu Fengtai Diamond
Tool Manufacture Co., Ltd
Jiangsu Inter-China Group
Corporation 15 ....................
Jiangsu Youhe Tool Manufacturer Co., Ltd 16 ............
Qingyuan Shangtai Diamond
Tools Co., Ltd ...................
Quanzhou Zhongzhi Diamond Tool Co. Ltd ............
Rizhao Hein Saw Co., Ltd ....
Shanghai Jingquan Ind.
Trade Co., Ltd ...................
Shanghai Robtol Tool Manufacturing Co., Ltd ..............
Weihai Xiangguang Mechanical Industrial Co., Ltd .......
Wuhan Wanbang Laser Diamond Tools Co .................
Xiamen ZL Diamond Technology Co., Ltd 17 ..............
Zhejiang Wanli Tools Group
Co., Ltd .............................
PRC-Wide Entity 18 ...............
Margin
(percent)
3.99
4.90
4.90
4.90
4.90
4.90
4.90
4.90
4.90
4.90
4.90
4.90
4.90
4.90
4.90
4.90
4.90
6.05
4.90
4.90
4.90
164.09
12 Bosun Tools Co., Ltd. was previously known as
Bosun Tools Group Co., Ltd., a company for which
we initiated this review in Initiation Notice, 77 FR
at 77020. See 2nd Review Notices. Also, Bosun
Tools Co., Ltd., reported that Bosun Tools Inc. USA,
a company for which we initiated this review in
Initiation Notice, 77 FR at 77020, is its U.S. affiliate.
See, e.g., Bosun Tools Co., Ltd.’s section A response
dated April 1, 2013, at 1.
13 Husqvarna (Hebei) Co., Ltd., reported that
Husqvarna Construction Products North America,
Inc., a company for which we initiated this review
in Initiation Notice, 77 FR at 77020, is its U.S.
affiliate. See Husqvarna (Hebei) Co., Ltd.’s SRA
dated March 5, 2013. Husqvarna (Hebei) Co., Ltd.,
is also the successor-in-interest to Hebei HusqvarnaJikai Diamond Tools Co., Ltd. See Diamond
Sawblades and Parts Thereof From the People’s
Republic of China: Final Results of Antidumping
Duty Changed Circumstances Review, 78 FR 48414
(August 8, 2013).
14 Huzhou Gu’s Import & Export Co., Ltd., uses
the name Huzhou Gu’s Imp. & Exp. Co., Ltd.,
interchangeably. See the memorandum to the File
entitled ‘‘Diamond Sawblades and Parts Thereof
from the People’s Republic of China: Placement of
Document on the Record for Huzhou Gu’s Import
& Export Co., Ltd.,’’ dated November 5, 2013.
15 Jiangsu Inter-China Group Corporation was
previously known as Zhenjiang Inter-China Import
& Export Co., Ltd., a company for which we
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Disclosure and Public Comment
The Department will disclose
calculations performed for these
preliminary results to the parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR
351.309(c), interested parties may
submit cases briefs no later than 30 days
after the date of publication of these
preliminary results of review.19 Parties
who submit arguments are requested to
submit with the argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.20 Rebuttal briefs,
limited to issues raised in the case
briefs, may be filed no later than five
days after the cases briefs are filed.
Interested parties who wish to request
a hearing, or to participate if one is
initiated this review in Initiation Notice, 77 FR at
77020. See 2nd Review Notices, 77 FR at 73419
n.15.
16 Jiangsu Youhe Tool Manufacturer Co., Ltd., was
previously known as Danyang Youhe Tool
Manufacturer Co., Ltd., a company for which we
initiated this review in Initiation Notice, 77 FR at
77020. Id. at n.16.
17 Xiamen ZL Diamond Technology Co., Ltd.,
stated in its separate rate application that its name
before the POR was Xiamen ZL Diamond Tools Co.,
Ltd., for which we initiated this review in Initiation
Notice, 77 FR at 77020. See Xiamen ZL Diamond
Technology Co., Ltd.’s February 27, 2013, separate
rate application at 2.
18 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 review was March 1, 2013. On February 22,
2013, Husqvarna requested an extension to file its
SRA. On February 28, 2013, we granted
Husqvarna’s request and extended the due date to
March 8, 2013. Husqvarna submitted its SRA on
March 5, 2013. Therefore, as of March 2, 2013, the
remaining companies under review that did not
demonstrate eligibility for a separate rate without
filing a request for an extension of due date for a
separate rate application or certification were part
of the PRC-wide entity. Also, we preliminarily are
denying ATM Single Entity a separate rate status.
Accordingly, the PRC-wide entity includes the
following companies: ATM Single Entity, Central
Iron and Steel Research Institute Group, CISRI,
Danyang Aurui Hardware Products Co., Ltd.,
Danyang City Ou Di Ma Tools Co., Ltd., Danyang
Dida Diamond Tools Manufacturing Co., Ltd.,
Danyang Tsunda Diamond Tools Co., Ltd.,
Electrolux Construction Products (Xiamen) Co. Ltd.,
Fujian Quanzhou, Hebei Jikai Industrial Group Co.,
Ltd., Huachang Diamond Tools Manufacturing Co.,
Ltd., Hua Da Superabrasive Tools Technology 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., Quanzhou
Zongzhi Diamond Tool Co. Ltd., Shanghai Deda
Industry & Trading Co., Ltd., Shijiazhuang Global
New Century Tools Co., Ltd., Sichuan Huili Tools
Co., Task Tools & Abrasives, Wanli Tools Group,
Wuxi Lianhua Superhard Material Tools Co., Ltd.,
Zhejiang Tea Import & Export Co., Ltd., Zhejiang
Wanda Import and Export Co., Zhejiang Wanda
Tools Group Corp., and Zhejiang Wanli Super-hard
Materials Co., Ltd.
19 See 19 CFR 351.309(c).
20 See 19 CFR 351.309(c)(2).
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requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, filed
electronically using IA ACCESS. An
electronically filed document must be
received successfully in its entirety by
the Department’s IA ACCESS by 5:00
p.m. Eastern Time within 30 days after
the date of publication of this notice.21
Hearing requests should contain (1) the
party’s name, address, and telephone
number; (2) the number of participants;
and (3) a list of issues to be discussed.
Oral presentations will be limited to
issues raised in the briefs. If a request
for a hearing is made, we will inform
parties of the scheduled date for the
hearing which will be held at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, at a time and
location to be determined.22 Parties
should confirm by telephone or email
the date, time, and location of the
hearing.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, the Department will issue the final
results of these reviews, including the
results of its analysis of issues raised by
parties in their comments, within 120
days after the publication of these
preliminary results, pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(2).
Deadline for Submission of Publicly
Available Surrogate Value Information
In accordance with 19 CFR
351.301(c)(3)(ii), interested parties may
submit publicly available information to
value factors of production under 19
CFR 351.408(c) within 20 days after the
date of publication of these preliminary
results. In accordance with 19 CFR
351.301(c)(1), if an interested party
submits factual information less than
ten days before, on, or after (if the
Department has extended the deadline)
the applicable deadline for submission
of such factual information, an
interested party may submit factual
information to rebut, clarify, or correct
the factual information no later than ten
days after such factual information is
served on the interested party. However,
the Department generally will not
accept in the rebuttal submission
additional or alternative surrogate value
information not previously on the
record, if the deadline for submission of
surrogate value information has
passed.23 Furthermore, the Department
21 See
19 CFR 351.310(c).
22 Id.
23 See, e.g., Glycine from the People’s Republic of
China: Final Results of Antidumping Duty
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generally will not accept business
proprietary information in either the
surrogate value submissions or the
rebuttals thereto, as the regulation
regarding the submission of surrogate
values allows only for the submission of
publicly available information.24
emcdonald on DSK4SPTVN1PROD with NOTICES
Assessment Rates
Upon issuing the final results of
review, the Department will determine,
and CBP shall assess, antidumping
duties on all appropriate entries covered
by this review.25 If a respondent’s
weighted-average dumping margin is
above de minimis (i.e., 0.50 percent) in
the final results of this review, we will
calculate an importer-specific
assessment rate on the basis of the ratio
of the total amount of dumping
calculated for the importer’s examined
sales and the total entered value of those
sales in accordance with 19 CFR
351.212(b)(1). Specifically, the
Department will apply the assessment
rate calculation method adopted in
Final Modification for Reviews, i.e., on
the basis of monthly average-to-average
comparisons using only the transactions
associated with that importer with
offsets being provided for non-dumped
comparisons.26 Where an importer- (or
customer-) specific ad valorem rate is
zero or de minimis, we will instruct CBP
to liquidate appropriate entries without
regard to antidumping duties.27
On October 24, 2011, the Department
announced a refinement to its
assessment practice in NME cases.28
Pursuant to this refinement in practice,
for entries that were not reported in the
U.S. sales databases submitted by
companies individually examined
during this review, the Department will
instruct CBP to liquidate such entries at
the PRC-wide rate. In addition, if the
Department determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number (i.e., at that
exporter’s rate) will be liquidated at the
PRC-wide rate.29 The Department
Administrative Review and Final Rescission, in
Part, 72 FR 58809 (October 17, 2007), and the
accompanying Issues and Decision Memorandum at
Comment 2.
24 See 19 CFR 351.301(c)(3).
25 See 19 CFR 351.212(b)(1).
26 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).
27 See 19 CFR 351.106(c)(2).
28 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
29 Id.
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intends to issue appropriate assessment
instructions directly to CBP 15 days
after publication of the final results of
review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For subject
merchandise exported by the separaterate respondents in this review, the cash
deposit rate will be that established in
the final results of review (except, if the
rate is zero or de minimis, then zero
cash deposit will be required); (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (3) for all
PRC exporters of subject merchandise
that have not been found to be entitled
to a separate rate, the cash deposit rate
will be that for the PRC-wide entity; and
(4) for all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporter that supplied that non-PRC
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: December 16, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
A. Summary
B. Background
C. Scope of the Order
D. Preliminary Determination of No
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77101
Shipments
E. Discussion of the Methodology
1. Nonmarket Economy Country Status
2. Separate Rates
3. Surrogate Country
F. Affiliation
G. Fair Value Comparisons
1. Determination of Comparison Method
2. Results of the Differential Pricing
Analysis
3. U.S. Price
4. Normal Value
5. Factor Valuations
H. Currency Conversion
I. Recommendation
[FR Doc. 2013–30338 Filed 12–19–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–913]
Certain New Pneumatic Off-the-Road
Tires From the People’s Republic of
China: Final Results of the Expedited
Sunset Review of the Countervailing
Duty Order
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: December 20,
2013.
SUMMARY: On August 1, 2013, the
Department of Commerce
(‘‘Department’’) initiated a sunset
review of the countervailing duty order
on certain new pneumatic off-the-road
tires (OTR Tires) from the People’s
Republic of China (PRC). The
Department finds that revocation of this
countervailing duty order (CVD) would
be likely to lead to the continuation or
recurrence of net countervailable
subsidies at the rates in the ‘‘Final
Results of Review’’ section of this
notice.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Andrew Huston, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone (202) 482–4261.
SUPPLEMENTARY INFORMATION:
Background
The CVD order on OTR Tires from the
PRC was published on September 4,
2008.1 On August 1, 2013, the
Department initiated a sunset review of
the order, pursuant to section 751(c) of
1 See Certain New Pneumatic Off-the-Road Tires
from the People’s Republic of China: Countervailing
Duty Order, 73 FR 51627 (September 4, 2008).
E:\FR\FM\20DEN1.SGM
20DEN1
]]>Agencies
[Federal Register Volume 78, Number 245 (Friday, December 20, 2013)]
[Notices]
[Pages 77098-77101]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30338]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-900]
Diamond Sawblades and Parts Thereof From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review;
2011-2012
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on diamond
sawblades and parts thereof (diamond sawblades) from the People's
Republic of China (PRC). The period of review (POR) is November 1,
2011, through October 31, 2012. The Department has preliminarily
determined that certain companies covered by this review made sales of
subject merchandise at less than normal value. Interested parties are
invited to comment on these preliminary results.
DATES: Effective Date: December 20, 2013.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Michael A. Romani,
AD/CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5760 and (202) 482-0198, respectively.
[[Page 77099]]
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. While the
HTSUS subheadings are provided for convenience and customs purposes,
the written description is dispositive. A full description of the scope
of the order is contained in the Preliminary Decision Memorandum.\1\
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\1\ See the Memorandum from Deputy Assistant Secretary Christian
Marsh to Acting Assistant Secretary Ronald K. Lorentzen entitled
``Decision Memorandum for Preliminary Results of 2011-2012
Antidumping Duty Administrative Review: Diamond Sawblades and Parts
Thereof from the People's Republic of China'' dated concurrently
with and hereby adopted by this notice (Preliminary Decision
Memorandum).
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Methodology
The Department has conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Export
price and constructed export price have been calculated in accordance
with section 772 of the Act. Because the PRC is a nonmarket economy
(NME) within the meaning of section 771(18) of the Act, normal value
has been calculated in accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is on file electronically
via IA ACCESS. IA ACCESS is available to registered users at https://iaaccess.trade.gov and in the Central Records Unit, room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memorandum can be accessed directly on the
internet at https://enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and the electronic versions of the
Preliminary Decision Memorandum are identical in content.
Affiliation and Treatment of Affiliated Parties as a Single Entity
We preliminarily find that the companies which comprised ATM Single
Entity in prior reviews,\2\ i.e., Advanced Technology & Materials Co.,
Ltd., AT&M International Trading Co., Ltd.,\3\ Beijing Gang Yan Diamond
Products Co., Cliff International Ltd., and HXF Saw Co., Ltd.,\4\
continue to be affiliated.\5\
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\2\ See Diamond Sawblades and Parts Thereof From the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; 2009-2010, 78 FR 11143, 11144 (February 15, 2013) (1st
Review Final), and Diamond Sawblades and Parts Thereof From the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2010-2011, 78 FR 36166 (June 17, 2013) (2nd
Review Final), and the accompanying Issues and Decision Memorandum
at 2.
\3\ ATM International Trading Co., Ltd., a company for which we
initiated this review in Initiation of Antidumping and
Countervailing Duty Administrative Reviews and Request for
Revocation in Part, 77 FR 77017, 77020 (December 31, 2012)
(Initiation Notice), is the same company as AT&M International
Trading Co., Ltd. See Diamond Sawblades and Parts Thereof From the
People's Republic of China: Preliminary Results of Antidumping Duty
Administrative Review and Intent To Rescind Review in Part, 76 FR
76135, 76136 (December 6, 2011), unchanged in 1st Review Final.
\4\ Yichang HXF Circular Saw Industrial Co., Ltd., changed its
name to HXF Saw Co., Ltd. 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,
73419 n.14 (December 10, 2012), unchanged in 2nd Review Final
(collectively 2nd Review Notices).
\5\ For a full discussion of these companies' affiliation
status, see the memorandum dated December 16, 2013, which places on
the record of this review the memorandum entitled ``Diamond
Sawblades and Parts Thereof from the People's Republic of China: ATM
Single Entity,'' dated December 3, 2012.
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Preliminary Determination of No Shipments
The following companies, which received separate rates in previous
segments of the proceeding and are subject to this review, reported
that they did not have any exports of subject merchandise during the
POR:
Qingdao Shinhan Diamond Industrial Co., Ltd.
Saint-Gobain Abrasives (Shanghai) Co.\6\
\6\ See the no shipment letters filed by Qingdao Shinhan and
Saint-Gobain Abrasives (Shanghai) Co. on March 1, 2013. In the last
completed administrative review, the Department found that Saint-
Gobain Abrasives Inc., a company for which we initiated this review
in Initiation Notice, 77 FR at 77020, is Saint-Gobain Abrasives
(Shanghai) Co., Ltd.'s U.S. affiliate. See 2nd Review Notices, 77 FR
at 73419 n,17.
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CBP data for the POR corroborated these companies' no-shipment
claims.\7\ Additionally, we requested that CBP report any contrary
information.\8\ To date, CBP has not responded to our inquiry with any
contrary information and we have not received any evidence that these
companies had any shipments of the subject merchandise sold to the
United States during the POR.\9\ Consistent with the Department's
refinement to its assessment practice in NME cases regarding no
shipment claims, we are completing the review with respect to these
three companies and will issue appropriate instructions to CBP based on
the final results of the review.\10\
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\7\ See the memorandum entitled ``Diamond Sawblades and Parts
Thereof--Placing CBP Data on the record of this review'' dated
January 7, 2013.
\8\ See CBP message numbers 3091303 and 3091304 dated April 1,
2013, for Qingdao Shinhan and Saint-Gobain Abrasives (Shanghai) Co.,
Ltd., respectively.
\9\ CBP only responds to the Department's inquiry when there are
records of shipments from the company in question. See, e.g.,
Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Flat Products
From Brazil: Notice of Rescission of Antidumping Duty Administrative
Review, 75 FR 65453, 65454 (October 25, 2010).
\10\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), and the
``Assessment Rates'' section below.
---------------------------------------------------------------------------
We also received no shipment claims from China Iron and Steel
Research Institute Group (CISRI) and Fujian Quanzhou Wanlong Stone Co.,
Ltd. (Fujian Quanzhou).\11\ Because these two companies do not have a
separate rate and remain part of the PRC entity, we are not addressing
their no-shipment claims.
---------------------------------------------------------------------------
\11\ See the no shipment letter filed by CISRI on March 1, 2013,
and Fujian Quanzhou dated February 4, 2013.
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Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist:
[[Page 77100]]
------------------------------------------------------------------------
Margin
Exporter (percent)
------------------------------------------------------------------------
Bosun Tools Co., Ltd \12\............................... 3.99
Chengdu Huifeng Diamond Tools Co., Ltd.................. 4.90
Danyang Huachang Diamond Tools Manufacturing Co., Ltd... 4.90
Danyang NYCL Tools Manufacturing Co., Ltd............... 4.90
Danyang Weiwang Tools Manufacturing Co., Ltd............ 4.90
Guilin Tebon Superhard Material Co., Ltd................ 4.90
Hangzhou Deer King Industrial and Trading Co., Ltd...... 4.90
Husqvarna (Hebei) Co., Ltd \13\......................... 4.90
Huzhou Gu's Import & Export Co., Ltd \14\............... 4.90
Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd....... 4.90
Jiangsu Inter-China Group Corporation \15\.............. 4.90
Jiangsu Youhe Tool Manufacturer Co., Ltd \16\........... 4.90
Qingyuan Shangtai Diamond Tools Co., Ltd................ 4.90
Quanzhou Zhongzhi Diamond Tool Co. Ltd.................. 4.90
Rizhao Hein Saw Co., Ltd................................ 4.90
Shanghai Jingquan Ind. Trade Co., Ltd................... 4.90
Shanghai Robtol Tool Manufacturing Co., Ltd............. 4.90
Weihai Xiangguang Mechanical Industrial Co., Ltd........ 6.05
Wuhan Wanbang Laser Diamond Tools Co.................... 4.90
Xiamen ZL Diamond Technology Co., Ltd \17\.............. 4.90
Zhejiang Wanli Tools Group Co., Ltd..................... 4.90
PRC-Wide Entity \18\.................................... 164.09
------------------------------------------------------------------------
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\12\ Bosun Tools Co., Ltd. was previously known as Bosun Tools
Group Co., Ltd., a company for which we initiated this review in
Initiation Notice, 77 FR at 77020. See 2nd Review Notices. Also,
Bosun Tools Co., Ltd., reported that Bosun Tools Inc. USA, a company
for which we initiated this review in Initiation Notice, 77 FR at
77020, is its U.S. affiliate. See, e.g., Bosun Tools Co., Ltd.'s
section A response dated April 1, 2013, at 1.
\13\ Husqvarna (Hebei) Co., Ltd., reported that Husqvarna
Construction Products North America, Inc., a company for which we
initiated this review in Initiation Notice, 77 FR at 77020, is its
U.S. affiliate. See Husqvarna (Hebei) Co., Ltd.'s SRA dated March 5,
2013. Husqvarna (Hebei) Co., Ltd., is also the successor-in-interest
to Hebei Husqvarna-Jikai Diamond Tools Co., Ltd. See Diamond
Sawblades and Parts Thereof From the People's Republic of China:
Final Results of Antidumping Duty Changed Circumstances Review, 78
FR 48414 (August 8, 2013).
\14\ Huzhou Gu's Import & Export Co., Ltd., uses the name Huzhou
Gu's Imp. & Exp. Co., Ltd., interchangeably. See the memorandum to
the File entitled ``Diamond Sawblades and Parts Thereof from the
People's Republic of China: Placement of Document on the Record for
Huzhou Gu's Import & Export Co., Ltd.,'' dated November 5, 2013.
\15\ Jiangsu Inter-China Group Corporation was previously known
as Zhenjiang Inter-China Import & Export Co., Ltd., a company for
which we initiated this review in Initiation Notice, 77 FR at 77020.
See 2nd Review Notices, 77 FR at 73419 n.15.
\16\ Jiangsu Youhe Tool Manufacturer Co., Ltd., was previously
known as Danyang Youhe Tool Manufacturer Co., Ltd., a company for
which we initiated this review in Initiation Notice, 77 FR at 77020.
Id. at n.16.
\17\ Xiamen ZL Diamond Technology Co., Ltd., stated in its
separate rate application that its name before the POR was Xiamen ZL
Diamond Tools Co., Ltd., for which we initiated this review in
Initiation Notice, 77 FR at 77020. See Xiamen ZL Diamond Technology
Co., Ltd.'s February 27, 2013, separate rate application at 2.
\18\ 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 review was March 1, 2013. On February 22,
2013, Husqvarna requested an extension to file its SRA. On February
28, 2013, we granted Husqvarna's request and extended the due date
to March 8, 2013. Husqvarna submitted its SRA on March 5, 2013.
Therefore, as of March 2, 2013, the remaining companies under review
that did not demonstrate eligibility for a separate rate without
filing a request for an extension of due date for a separate rate
application or certification were part of the PRC-wide entity. Also,
we preliminarily are denying ATM Single Entity a separate rate
status. Accordingly, the PRC-wide entity includes the following
companies: ATM Single Entity, Central Iron and Steel Research
Institute Group, CISRI, Danyang Aurui Hardware Products Co., Ltd.,
Danyang City Ou Di Ma Tools Co., Ltd., Danyang Dida Diamond Tools
Manufacturing Co., Ltd., Danyang Tsunda Diamond Tools Co., Ltd.,
Electrolux Construction Products (Xiamen) Co. Ltd., Fujian Quanzhou,
Hebei Jikai Industrial Group Co., Ltd., Huachang Diamond Tools
Manufacturing Co., Ltd., Hua Da Superabrasive Tools Technology 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., Quanzhou Zongzhi
Diamond Tool Co. Ltd., Shanghai Deda Industry & Trading Co., Ltd.,
Shijiazhuang Global New Century Tools Co., Ltd., Sichuan Huili Tools
Co., Task Tools & Abrasives, Wanli Tools Group, Wuxi Lianhua
Superhard Material Tools Co., Ltd., Zhejiang Tea Import & Export
Co., Ltd., Zhejiang Wanda Import and Export Co., Zhejiang Wanda
Tools Group Corp., and Zhejiang Wanli Super-hard Materials Co., Ltd.
---------------------------------------------------------------------------
Disclosure and Public Comment
The Department will disclose calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit cases
briefs no later than 30 days after the date of publication of these
preliminary results of review.\19\ Parties who submit arguments are
requested to submit with the argument: (1) A statement of the issue;
(2) a brief summary of the argument; and (3) a table of
authorities.\20\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than five days after the cases briefs are
filed.
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\19\ See 19 CFR 351.309(c).
\20\ See 19 CFR 351.309(c)(2).
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically using IA ACCESS. An electronically filed document
must be received successfully in its entirety by the Department's IA
ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice.\21\ Hearing requests should contain (1) the
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Oral
presentations will be limited to issues raised in the briefs. If a
request for a hearing is made, we will inform parties of the scheduled
date for the hearing which will be held at the U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230, at a time and location to be determined.\22\ Parties should
confirm by telephone or email the date, time, and location of the
hearing.
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\21\ See 19 CFR 351.310(c).
\22\ Id.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, the Department will issue the final results of these reviews,
including the results of its analysis of issues raised by parties in
their comments, within 120 days after the publication of these
preliminary results, pursuant to section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(2).
Deadline for Submission of Publicly Available Surrogate Value
Information
In accordance with 19 CFR 351.301(c)(3)(ii), interested parties may
submit publicly available information to value factors of production
under 19 CFR 351.408(c) within 20 days after the date of publication of
these preliminary results. In accordance with 19 CFR 351.301(c)(1), if
an interested party submits factual information less than ten days
before, on, or after (if the Department has extended the deadline) the
applicable deadline for submission of such factual information, an
interested party may submit factual information to rebut, clarify, or
correct the factual information no later than ten days after such
factual information is served on the interested party. However, the
Department generally will not accept in the rebuttal submission
additional or alternative surrogate value information not previously on
the record, if the deadline for submission of surrogate value
information has passed.\23\ Furthermore, the Department
[[Page 77101]]
generally will not accept business proprietary information in either
the surrogate value submissions or the rebuttals thereto, as the
regulation regarding the submission of surrogate values allows only for
the submission of publicly available information.\24\
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\23\ See, e.g., Glycine from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review and Final
Rescission, in Part, 72 FR 58809 (October 17, 2007), and the
accompanying Issues and Decision Memorandum at Comment 2.
\24\ See 19 CFR 351.301(c)(3).
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Assessment Rates
Upon issuing the final results of review, the Department will
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\25\ If a respondent's weighted-average
dumping margin is above de minimis (i.e., 0.50 percent) in the final
results of this review, we will calculate an importer-specific
assessment rate on the basis of the ratio of the total amount of
dumping calculated for the importer's examined sales and the total
entered value of those sales in accordance with 19 CFR 351.212(b)(1).
Specifically, the Department will apply the assessment rate calculation
method adopted in Final Modification for Reviews, i.e., on the basis of
monthly average-to-average comparisons using only the transactions
associated with that importer with offsets being provided for non-
dumped comparisons.\26\ Where an importer- (or customer-) specific ad
valorem rate is zero or de minimis, we will instruct CBP to liquidate
appropriate entries without regard to antidumping duties.\27\
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\25\ See 19 CFR 351.212(b)(1).
\26\ 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).
\27\ See 19 CFR 351.106(c)(2).
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On October 24, 2011, the Department announced a refinement to its
assessment practice in NME cases.\28\ Pursuant to this refinement in
practice, for entries that were not reported in the U.S. sales
databases submitted by companies individually examined during this
review, the Department will instruct CBP to liquidate such entries at
the PRC-wide rate. In addition, if the Department determines that an
exporter under review had no shipments of the subject merchandise, any
suspended entries that entered under that exporter's case number (i.e.,
at that exporter's rate) will be liquidated at the PRC-wide rate.\29\
The Department intends to issue appropriate assessment instructions
directly to CBP 15 days after publication of the final results of
review.
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\28\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
\29\ Id.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For subject
merchandise exported by the separate-rate respondents in this review,
the cash deposit rate will be that established in the final results of
review (except, if the rate is zero or de minimis, then zero cash
deposit will be required); (2) for previously investigated or reviewed
PRC and non-PRC exporters not listed above that received a separate
rate in a prior segment of this proceeding, the cash deposit rate will
continue to be the existing exporter-specific rate; (3) for all PRC
exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be that for the
PRC-wide entity; and (4) for all non-PRC exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the PRC exporter that supplied that
non-PRC exporter. These deposit requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: December 16, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
A. Summary
B. Background
C. Scope of the Order
D. Preliminary Determination of No Shipments
E. Discussion of the Methodology
1. Nonmarket Economy Country Status
2. Separate Rates
3. Surrogate Country
F. Affiliation
G. Fair Value Comparisons
1. Determination of Comparison Method
2. Results of the Differential Pricing Analysis
3. U.S. Price
4. Normal Value
5. Factor Valuations
H. Currency Conversion
I. Recommendation
[FR Doc. 2013-30338 Filed 12-19-13; 8:45 am]
BILLING CODE 3510-DS-P
