Diamond Sawblades and Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2011-2012, 35723-35725 [2014-14717]
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Federal Register / Vol. 79, No. 121 / Tuesday, June 24, 2014 / Notices
Dated: June 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
Summary
Background
Scope of the Order
Comparisons to Normal Value
A. Determination of Comparison Method
B. Results of Differential Pricing Analysis
Product Comparisons
Date of Sale
Export Price
Normal Value
A. Home Market Viability as Comparison
Market
B. Level of Trade
C. Calculation of Normal Value Based on
Comparison Market Prices
D. Cost of Production
Facts Available
Dubai Wire
Precision
A. Use of Facts Available
B. Application of Facts Available With an
Adverse Inference
Currency Conversion
[FR Doc. 2014–14718 Filed 6–23–14; 8:45 am]
BILLING CODE 3510–DS–P
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; 2011–2012
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 20, 2013, 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, 2011, through
October 31, 2012. For the final results,
we continue to find that certain
companies covered by this review made
sales of subject merchandise at less than
normal value.
DATES: Effective Date: June 24, 2014.
FOR FURTHER INFORMATION CONTACT:
Michael Romani or Yang Jin Chun, AD/
CVD Operations, Office I, Enforcement
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
VerDate Mar<15>2010
23:01 Jun 23, 2014
Jkt 232001
and Compliance, 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 20, 2013, 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 an interested party, held a
hearing on April 23, 2014. We extended
the due date for the final results of
review to June 18, 2014.2 We conducted
this administrative review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
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.3 The written description
is dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the Final Decision Memorandum. A list
of the issues raised is attached to this
1 See Diamond Sawblades and Parts Thereof
From the People’s Republic of China: Preliminary
Results of Antidumping Duty Administrative
Review; 2011–2012, 78 FR 77098 (December 20,
2013) (Preliminary Results), and the accompanying
Preliminary Decision Memorandum.
2 See the memorandum to Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, entitled ‘‘Diamond
Sawblades and Parts Thereof From the People’s
Republic of China: Extension of Deadline for Final
Results of Antidumping Duty Administrative
Reviews’’ dated April 1, 2014.
3 See the memorandum from Deputy Assistant
Secretary Christian Marsh to Acting Assistant
Secretary Ronald K. Lorentzen 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, 2011, through October 31, 2012’’ dated
June 18, 2014 (Final Decision Memorandum),
which is hereby adopted by this notice, at 3–4.
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Sfmt 4703
35723
notice as an appendix. The Final
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’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. The Final Decision
Memorandum is also 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 Enforcement and Compliance
Web site at https://enforcement.trade.
gov/frn/. The signed and
electronic versions of the Final Decision
Memorandum are identical in content.
Final Determination of No Shipments
We continue to find that Qingdao
Shinhan Diamond Industrial Co., Ltd.,
and Saint-Gobain Abrasives (Shanghai)
Co., which received separate rates in
previous segments of the proceeding
and are subject to this review, did not
have any exports of subject merchandise
during the POR.4 Consistent with our
‘‘automatic assessment’’ clarification,
we will issue appropriate instructions to
CBP based on our final results.5
Changes Since the Preliminary Results
Based on our analysis of comments
received, we made revisions that have
changed the results for certain
companies, including the valuation of
certain factors of production.
Additionally, we 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, 2011,
through October 31, 2012:
4 See Preliminary Results and the accompanying
Preliminary Decision Memorandum at 3.
5 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.
E:\FR\FM\24JNN1.SGM
24JNN1
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Federal Register / Vol. 79, No. 121 / Tuesday, June 24, 2014 / Notices
Margin
(percent)
Company 6
Bosun Tools Co., Ltd. ..............................................................................................................................................................................
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. ....................................................................................................................................................................
Huzhou Gu’s Import & Export Co., Ltd. ..................................................................................................................................................
Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd. ...........................................................................................................................
Jiangsu Inter-China Group Corporation ..................................................................................................................................................
Jiangsu Youhe Tool Manufacturer Co., Ltd. ...........................................................................................................................................
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. .............................................................................................................................................
Zhejiang Wanli Tools Group Co., Ltd. .....................................................................................................................................................
PRC-Wide Entity 7 ....................................................................................................................................................................................
mstockstill on DSK4VPTVN1PROD with NOTICES
Assessment
6 During this segment of the proceeding, we
identified certain name variations for several
companies. See Preliminary Results, 78 FR at
77099–100, and the accompanying Preliminary
Decision Memorandum at 3, 5–6.
7 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 are denying ATM
Single Entity a separate rate status. See Final
Decision Memorandum at Comment 1. See also
Preliminary Results, 78 FR at 77099 for the names
of companies comprising ATM Single Entity.
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.
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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 Xiangguang Mechanical
Industrial Co., Ltd. (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.8 For customers or importers of
Bosun Tools Co., Ltd., and Weihai for
which we received entered-value
information, we have calculated
customer/importer-specific
antidumping duty assessment rates
based on customer-/importer-specific ad
valorem rates in accordance with 19
CFR 351.212(b)(1).
For all non-selected respondents that
received a separate rate, we will instruct
CBP to apply an antidumping duty
assessment rate of 4.83 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 the PRC-wide
entity, 164.09 percent,10 to all entries of
8 See
19 CFR 351.212(b)(1).
Final Decision Memorandum at 4–5.
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).
9 See
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4.65
4.83
4.83
4.83
4.83
4.83
4.83
4.83
4.83
4.83
4.83
4.83
4.83
4.83
4.83
4.83
4.83
5.06
4.83
4.83
4.83
164.09
subject merchandise exported by these
companies.
The Department announced a
refinement to its assessment practice in
NME cases.11 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, 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.
We intend to issue assessment
instructions to CBP 15 days after the
date of publication of the final results of
review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of these final results of
review for all shipments of the subject
merchandise 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 these final results of review for each
exporter as listed above; (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
11 For a full discussion of this practice, see
Assessment Practice Refinement.
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Federal Register / Vol. 79, No. 121 / Tuesday, June 24, 2014 / Notices
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; 12 (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
mstockstill on DSK4VPTVN1PROD with NOTICES
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.
12 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 and we will instruct CBP accordingly.
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23:01 Jun 23, 2014
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Dated: June 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
I. Summary
II. Background
III. Company Abbreviations
IV. Other Abbreviations
V. Diamond Sawblades Administrative
Determinations and Results
VI. Scope of the Order
VII. Surrogate Country
VIII. Separate Rates
IX. Discussion of the Issues
1. Separate Rate
—ATM Single Entity—Separate Rate Status
—ATM Single Entity—Cash Deposit Rate
—ATM Single Entity—Whether AFA Is
Appropriate
—ATM Single Entity—Presumption of
Government Control
2. Danyang Tsunda—Late Separate Rate
Application
3. Value-Added Tax
4. Aggregation of A-A and A-T Comparison
Results
5. Denial of Offsets for Non-Dumped Sales
When Using the A-T Method
6. Surrogate Values
—Adverse Inference Request for Valuation
of Certain Inputs
—Antirust Oil
—Argon, Nitrogen, and Oxygen
—Cores
—Diamond Powder
—Financial Statements
—Steel Types 1, 2, and 3
—Tin Powder
—Truck Freight
7. Weihai Collapsing Analysis
8. Request To Apply Adverse Facts
Available to Bosun
X. Recommendation
[FR Doc. 2014–14717 Filed 6–23–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–016, C–570–017]
Notice of Extension of the Deadline for
Determining the Adequacy of the
Antidumping and Countervailing Duty
Petitions: Certain Passenger Vehicle
and Light Truck Tires From the
People’s Republic of China
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: June 24, 2014.
FOR FURTHER INFORMATION CONTACT:
Emily Halle, Toni Page, or Kaitlin
Wojnar at (202) 482–0176, (202) 482–
1398, or (202) 482–3857, respectively,
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
AGENCY:
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Fmt 4703
Sfmt 4703
35725
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
Extension of Initiation of Investigations
The Petitions
On June 3, 2014, the Department of
Commerce (Department) received
antidumping and countervailing duty
petitions filed by the United Steel,
Paper and Forestry, Rubber,
Manufacturing, Energy, Allied
Industrial and Service Workers
International Union, AFL–CIO–CLC
(Petitioner) on behalf of the domestic
industry producing certain passenger
vehicle and light truck tires.1
Determination of Industry Support for
the Petitions
Sections 702(b)(1) and 732(b)(1) of the
Tariff Act of 1930, as amended (the Act),
require that a petition be filed by or on
behalf of the domestic industry.
Sections 702(c)(4)(A) and 732(c)(4)(A) of
the Act provide that the Department’s
industry support determination be
based on whether a minimum
percentage of the relevant industry
supports the petition. A petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, sections 702(c)(4)(D)
and 732(c)(4)(D) of the Act provide that,
if the petition does not establish support
of domestic producers or workers
accounting for more than 50 percent of
the total production of the domestic like
product, the Department shall: (i) Poll
the industry or rely on other
information in order to determine if
there is support for the petition, as
required by subparagraph (A), or (ii) if
there is a large number of producers,
determine industry support using a
statistically valid sampling method to
poll the industry.
Extension of Time
Sections 702(c)(1)(A)(ii) and
732(c)(1)(A)(ii) of the Act provide that
within 20 days of the filing of an
antidumping or countervailing duty
petition, the Department will determine,
inter alia, whether the petition has been
filed by or on behalf of the U.S. industry
producing the domestic like product.
Sections 702(c)(1)(B) and 732(c)(1)(B) of
1 See Petitions for the Imposition of Antidumping
Duties and Countervailing Duties on Certain
Passenger Vehicle and Light Truck Tires from the
People’s Republic of China, June 3, 2014 (Petitions).
E:\FR\FM\24JNN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 121 (Tuesday, June 24, 2014)]
[Notices]
[Pages 35723-35725]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14717]
-----------------------------------------------------------------------
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; 2011-
2012
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 20, 2013, 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, 2011, through October
31, 2012. For the final results, we continue to find that certain
companies covered by this review made sales of subject merchandise at
less than normal value.
DATES: Effective Date: June 24, 2014.
FOR FURTHER INFORMATION CONTACT: Michael Romani or Yang Jin Chun, 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-
0198 or (202) 482-5760, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 20, 2013, 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 an
interested party, held a hearing on April 23, 2014. We extended the due
date for the final results of review to June 18, 2014.\2\ We 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; 2011-2012, 78 FR 77098 (December 20, 2013)
(Preliminary Results), and the accompanying Preliminary Decision
Memorandum.
\2\ See the memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
entitled ``Diamond Sawblades and Parts Thereof From the People's
Republic of China: Extension of Deadline for Final Results of
Antidumping Duty Administrative Reviews'' dated April 1, 2014.
---------------------------------------------------------------------------
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.\3\ The written description is dispositive.
---------------------------------------------------------------------------
\3\ See the memorandum from Deputy Assistant Secretary Christian
Marsh to Acting Assistant Secretary Ronald K. Lorentzen 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,
2011, through October 31, 2012'' dated June 18, 2014 (Final Decision
Memorandum), which is hereby adopted by this notice, at 3-4.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal 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 Enforcement and Compliance'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. The Final Decision Memorandum is also 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 Enforcement
and Compliance Web site at https://enforcement.trade.gov/frn/.
The signed and electronic versions of the Final Decision Memorandum are
identical in content.
Final Determination of No Shipments
We continue to find that Qingdao Shinhan Diamond Industrial Co.,
Ltd., and Saint-Gobain Abrasives (Shanghai) Co., which received
separate rates in previous segments of the proceeding and are subject
to this review, did not have any exports of subject merchandise during
the POR.\4\ Consistent with our ``automatic assessment'' clarification,
we will issue appropriate instructions to CBP based on our final
results.\5\
---------------------------------------------------------------------------
\4\ See Preliminary Results and the accompanying Preliminary
Decision Memorandum at 3.
\5\ 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.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on our analysis of comments received, we made revisions that
have changed the results for certain companies, including the valuation
of certain factors of production. Additionally, we 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, 2011, through October 31, 2012:
[[Page 35724]]
------------------------------------------------------------------------
Margin
Company \6\ (percent)
------------------------------------------------------------------------
Bosun Tools Co., Ltd....................................... 4.65
Chengdu Huifeng Diamond Tools Co., Ltd..................... 4.83
Danyang Huachang Diamond Tools Manufacturing Co., Ltd...... 4.83
Danyang NYCL Tools Manufacturing Co., Ltd.................. 4.83
Danyang Weiwang Tools Manufacturing Co., Ltd............... 4.83
Guilin Tebon Superhard Material Co., Ltd................... 4.83
Hangzhou Deer King Industrial and Trading Co., Ltd......... 4.83
Husqvarna (Hebei) Co., Ltd................................. 4.83
Huzhou Gu's Import & Export Co., Ltd....................... 4.83
Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd.......... 4.83
Jiangsu Inter-China Group Corporation...................... 4.83
Jiangsu Youhe Tool Manufacturer Co., Ltd................... 4.83
Qingyuan Shangtai Diamond Tools Co., Ltd................... 4.83
Quanzhou Zhongzhi Diamond Tool Co. Ltd..................... 4.83
Rizhao Hein Saw Co., Ltd................................... 4.83
Shanghai Jingquan Ind. Trade Co., Ltd...................... 4.83
Shanghai Robtol Tool Manufacturing Co., Ltd................ 4.83
Weihai Xiangguang Mechanical Industrial Co., Ltd........... 5.06
Wuhan Wanbang Laser Diamond Tools Co....................... 4.83
Xiamen ZL Diamond Technology Co., Ltd...................... 4.83
Zhejiang Wanli Tools Group Co., Ltd........................ 4.83
PRC-Wide Entity \7\........................................ 164.09
------------------------------------------------------------------------
---------------------------------------------------------------------------
\6\ During this segment of the proceeding, we identified certain
name variations for several companies. See Preliminary Results, 78
FR at 77099-100, and the accompanying Preliminary Decision
Memorandum at 3, 5-6.
\7\ 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 are denying ATM Single Entity a separate rate status. See Final
Decision Memorandum at Comment 1. See also Preliminary Results, 78
FR at 77099 for the names of companies comprising ATM Single Entity.
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.
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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 Xiangguang
Mechanical Industrial Co., Ltd. (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.\8\ For customers or
importers of Bosun Tools Co., Ltd., and 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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\8\ See 19 CFR 351.212(b)(1).
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For all non-selected respondents that received a separate rate, we
will instruct CBP to apply an antidumping duty assessment rate of 4.83
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 the PRC-wide
entity, 164.09 percent,\10\ to all entries of subject merchandise
exported by these companies.
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\9\ See Final Decision Memorandum at 4-5.
\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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The Department announced a refinement to its assessment practice in
NME cases.\11\ 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, 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.
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\11\ For a full discussion of this practice, see Assessment
Practice Refinement.
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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.
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 these final results of review for each
exporter as listed above; (2) for previously investigated or reviewed
PRC and non-PRC exporters not listed above
[[Page 35725]]
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; \12\ (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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\12\ 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 and we will instruct CBP
accordingly.
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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 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
I. Summary
II. Background
III. Company Abbreviations
IV. Other Abbreviations
V. Diamond Sawblades Administrative Determinations and Results
VI. Scope of the Order
VII. Surrogate Country
VIII. Separate Rates
IX. Discussion of the Issues
1. Separate Rate
--ATM Single Entity--Separate Rate Status
--ATM Single Entity--Cash Deposit Rate
--ATM Single Entity--Whether AFA Is Appropriate
--ATM Single Entity--Presumption of Government Control
2. Danyang Tsunda--Late Separate Rate Application
3. Value-Added Tax
4. Aggregation of A-A and A-T Comparison Results
5. Denial of Offsets for Non-Dumped Sales When Using the A-T
Method
6. Surrogate Values
--Adverse Inference Request for Valuation of Certain Inputs
--Antirust Oil
--Argon, Nitrogen, and Oxygen
--Cores
--Diamond Powder
--Financial Statements
--Steel Types 1, 2, and 3
--Tin Powder
--Truck Freight
7. Weihai Collapsing Analysis
8. Request To Apply Adverse Facts Available to Bosun
X. Recommendation
[FR Doc. 2014-14717 Filed 6-23-14; 8:45 am]
BILLING CODE 3510-DS-P
