Diamond Sawblades and Parts Thereof From China; Determination To Conduct a Full Five-Year Review and Scheduling of the Review, 5136-5137 [2015-01783]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 80, Number 20 (Friday, January 30, 2015)]
[Notices]
[Pages 5136-5137]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01783]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1092 (Review)]


Diamond Sawblades and Parts Thereof From China; Determination To 
Conduct a Full Five-Year Review and Scheduling of the Review

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice that it will proceed with a 
full review pursuant to section 751(c) of the Tariff Act of 1930 (19 
U.S.C. 1675(c)) (the Act) to determine whether revocation of the 
antidumping duty order on diamond sawblades and parts thereof from 
China would be likely to lead to continuation or recurrence of material 
injury within a reasonably foreseeable time. The Commission also gives 
notice of the scheduling of the full review pursuant to section 
751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)). For further 
information concerning the conduct of this review and rules of general 
application, consult the Commission's Rules of Practice and Procedure, 
part 201, subparts A through E (19 CFR part 201), and part 207, 
subparts A, D, E, and F (19 CFR part 207).

DATES: Effective Date: January 22, 2015.

FOR FURTHER INFORMATION CONTACT: Michael Szustakowski (202) 205-3169, 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for this 
review may be viewed on the Commission's electronic docket (EDIS) at 
https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--On December 2, 2013, the Commission instituted a five-
year review on the antidumping duty order on imports of diamond 
sawblades and parts thereof from China (78 FR 72116, December 2, 2013). 
The U.S. Department of Commerce initiated its five-year review of the 
order on the same day (78 FR 72061, December 2, 2013). The Diamond 
Sawblades Manufacturers' Coalition (DSMC), an association of domestic 
producers of diamond sawblades, filed an action in the U.S. Court of 
International Trade (CIT) to declare that the five-year reviews that 
Commerce initiated and the Commission instituted were ultra vires 
because they began prematurely. On September 23, 2014, the CIT directed 
the Commission to cease further work on the five-year review it 
previously instituted, and to instead institute a review on November 4, 
2014. Prior to terminating proceedings, the Commission had voted to 
conduct a full review.
    Effective November 4, 2014, the Commission rescinded the previously 
instituted five-year review and instituted the current review (79 FR 
65420, November 4, 2014). The institution notice for the current review 
gave notification that the Commission reserved the right to waive its 
regulations concerning filing of comments on whether to conduct an 
expedited review. The Commission stated in the notice that both 
domestic and respondent interested parties responded to the notice of 
institution it published on December 2, 2013, and that in light of 
these responses the Commission determined that conducting a full review 
was appropriate.
    In its November 4, 2014 notice, the Commission did not require 
those interested parties that submitted adequate responses to the 
December 2, 2013 institution notice to submit full responses. Instead, 
the Commission stated that each such party could submit a response no 
later than December 4, 2014 indicating that: (1) It incorporated the 
contents of its response to the December 2, 2013 institution notice and 
(2) that it was willing to participate in this review by providing 
information requested to the Commission. Any such party was also 
allowed to provide additional information of the nature specified in 
the notice. Parties that did not submit an adequate response to the 
December 2, 2013 institution notice were also allowed to provide 
additional information of the nature specified in the notice no later 
than December 4, 2014.
    The notice also stated that should those parties that submitted 
adequate responses to the December 2, 2013 institution notice indicate 
their desire to participate in this review, the Commission intended to 
issue a notice stating that it will conduct a full review. In light of 
this, the Commission reserved the right to waive the process specified 
in 19 CFR 207.62(b) for submitting comments to the Commission on

[[Page 5137]]

whether to conduct an expedited review.
    Three sets of parties provided adequate responses to the previously 
instituted reviews: (1) DSMC and its individual members (U.S. producers 
of the domestic like product), (2) Husqvarna Construction Products 
North American, Inc. (U.S. producer of the domestic like product and 
importer of subject merchandise) and Husqvarna (Hebei) Co., Ltd. 
(foreign producer of the subject merchandise), and (3) Saint-Gobain 
Abrasives-North America (importer of the subject merchandise) and 
Saint-Gobain Abrasives (Shanghai) Co. Ltd. (foreign producer of the 
subject merchandise).
    These same parties provided responses to the current notice of 
institution. As requested by the notice, all parties incorporated the 
contents of their responses to the December 2, 2013 notice and stated 
their willingness to participate in this review by providing 
information requested by the Commission. No new party submitted a 
response to the current notice of institution.
    The requirements listed in the Commission's November 4, 2014 notice 
have been fulfilled. Accordingly, the Commission waives the process 
specified in 19 CFR 207.62(b) for submitting comments to the Commission 
on whether to conduct an expedited review, and determines that a full 
review pursuant to section 751(c)(5) of the Act should proceed.
    Participation in the review and public service list.--Persons, 
including industrial users of the subject merchandise and, if the 
merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in this review as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11 of the Commission's rules, by 45 days after 
publication of this notice. A party that filed a notice of appearance 
following publication of the Commission's notice of institution of the 
review need not file an additional notice of appearance. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
review.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in this review available to authorized 
applicants under the APO issued in the review, provided that the 
application is made by 45 days after publication of this notice. 
Authorized applicants must represent interested parties, as defined by 
19 U.S.C. 1677(9), who are parties to the review. A party granted 
access to BPI following publication of the Commission's notice of 
institution of the review need not reapply for such access. A separate 
service list will be maintained by the Secretary for those parties 
authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the review will be 
placed in the nonpublic record on Friday, June 3, 2015, and a public 
version will be issued thereafter, pursuant to section 207.64 of the 
Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
review beginning at 9:30 a.m. on Tuesday, June 23, 2015, at the U.S. 
International Trade Commission Building. Requests to appear at the 
hearing should be filed in writing with the Secretary to the Commission 
on or before Thursday, June 18, 2015. A nonparty who has testimony that 
may aid the Commission's deliberations may request permission to 
present a short statement at the hearing. All parties and nonparties 
desiring to appear at the hearing and make oral presentations should 
attend a prehearing conference to be held at 9:30 a.m. on Monday, June 
22, 2015, at the U.S. International Trade Commission Building. Oral 
testimony and written materials to be submitted at the public hearing 
are governed by sections 201.6(b)(2), 201.13(f), 207.24, and 207.66 of 
the Commission's rules. Parties must submit any request to present a 
portion of their hearing testimony in camera no later than 7 business 
days prior to the date of the hearing.
    Written submissions.--Each party to the review may submit a 
prehearing brief to the Commission. Prehearing briefs must conform with 
the provisions of section 207.65 of the Commission's rules; the 
deadline for filing is Friday, June 12, 2015. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.67 of the Commission's rules. The deadline for filing posthearing 
briefs is Thursday, July 2, 2015. In addition, any person who has not 
entered an appearance as a party to the review may submit a written 
statement of information pertinent to the subject of the review on or 
before Thursday, July 2, 2015. On Thursday, July 30, 2015, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before Monday, August 3, 2015, but 
such final comments must not contain new factual information and must 
otherwise comply with section 207.68 of the Commission's rules. All 
written submissions must conform with the provisions of section 201.8 
of the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of sections 201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's Handbook on E-Filing, 
available on the Commission's Web site at https://edis.usitc.gov, 
elaborates upon the Commission's rules with respect to electronic 
filing.
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the review must be served on 
all other parties to the review (as identified by either the public or 
BPI service list), and a certificate of service must be timely filed. 
The Secretary will not accept a document for filing without a 
certificate of service.

    Authority: This review is being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.62 of the Commission's rules.

    By order of the Commission.

    Issued: January 26, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-01783 Filed 1-29-15; 8:45 am]
BILLING CODE 7020-02-P