Diamond Sawblades and Parts Thereof From the People's Republic of China; Final Results of Antidumping Duty Administrative Review; 2012-2013, 32344-32346 [2015-13942]
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Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices
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; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 4, 2014, 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, 2012, through
October 31, 2013. 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 8, 2015.
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:
AGENCY:
Background
On December 4, 2014, the Department
published the preliminary results of the
administrative review of the
antidumping duty order on diamond
sawblades from the PRC.1 We received
case and rebuttal briefs with respect to
the Preliminary Results and, at the
request of interested parties, held a
hearing on April 15, 2015. We extended
the due date for the final results of
review to June 2, 2015.2 We conducted
this administrative review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Compliance Web site at https://
enforcement.trade.gov/frn/.
Final Determination of No Shipments
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 Issues and
Decision Memorandum.3 The written
description is dispositive.
We preliminarily found that Qingdao
Shinhan Diamond Industrial Co., Ltd.
(Qingdao Shinhan), which has been
eligible for a separate rate in previous
segments of the proceeding and is
subject to this review, did not have any
reviewable entries of subject
merchandise during the POR.4 After the
Preliminary Results, we received no
comments or additional information
with respect to Qingdao Shinhan.
Therefore, for the final results, we
continue to find that Qingdao Shinhan
did not have any reviewable entries of
subject merchandise during the POR.
Consistent with our ‘‘automatic
assessment’’ clarification, we will issue
appropriate instructions to CBP based
on our final results.5
Analysis of Comments Received
Changes Since the Preliminary Results
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the Issues and Decision Memorandum.
A list of the issues raised is attached to
this notice as an appendix. The Issues
and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). Access to ACCESS is
available to registered users at https://
access.trade.gov. The Issues and
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 Issues and
Decision Memorandum can be accessed
directly on the Enforcement and
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 and the
PRC-wide rate. 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 Issues and
Decision Memorandum, and the final
surrogate value memorandum, dated
concurrently with this notice.
Scope of the Order
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, 2012,
through October 31, 2013:
Margin
(percent)
Company 6
mstockstill on DSK4VPTVN1PROD with NOTICES
Bosun Tools Co., Ltd .......................................................................................................................................................................
Chengdu Huifeng Diamond Tools Co., Ltd .....................................................................................................................................
Danyang City Ou Di Ma Tools Co., Ltd ..........................................................................................................................................
Danyang Huachang Diamond Tools Manufacturing Co., Ltd .........................................................................................................
Danyang NYCL Tools Manufacturing Co., Ltd ................................................................................................................................
Danyang Tsunda Diamond Tools Co., Ltd ......................................................................................................................................
Danyang Weiwang Tools Manufacturing Co., Ltd ...........................................................................................................................
1 See Diamond Sawblades and Parts Thereof
From the People’s Republic of China: Preliminary
Results of Antidumping Duty Administrative
Review; 2012–2013, 79 FR 71980 (December 4,
2014) (Preliminary Results), and the accompanying
Preliminary Decision Memorandum.
2 See the memorandum to Associate Deputy
Assistant Secretary Gary Taverman entitled
‘‘Diamond Sawblades and Parts Thereof from the
People’s Republic of China: Extension of Deadline
for Final Results of Antidumping Duty
Administrative Review’’ dated April 1, 2015, and
the memorandum to Deputy Assistant Secretary
Christian Marsh entitled ‘‘Diamond Sawblades and
VerDate Sep<11>2014
17:09 Jun 05, 2015
Jkt 235001
Parts Thereof from the People’s Republic of China:
Second Extension of Deadline for Final Results of
Antidumping Duty Administrative Review’’ dated
May 5, 2015.
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’’ dated June 2, 2015,
(Issues and Decision Memorandum) and hereby
adopted by this notice, at 4–5.
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2.34
2.34
2.34
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2.34
2.34
4 See Preliminary Results and the accompanying
Preliminary Decision Memorandum at 5.
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.
6 During this segment of the proceeding, we
identified certain name variations for several
companies. See Preliminary Results, 79 FR at
71981, n.9, n.10, and n.11, and the accompanying
Preliminary Decision Memorandum at 7–8.
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Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices
Margin
(percent)
Company 6
Guilin Tebon Superhard Material Co., Ltd ......................................................................................................................................
Hangzhou Deer King Industrial and Trading Co., Ltd .....................................................................................................................
Hangzhou Kingburg Import & Export 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 ....................................................................................................................................
Pujiang Talent Diamond Tools Co., Ltd ..........................................................................................................................................
Qingdao Hyosung Diamond Tools Co., Ltd ....................................................................................................................................
Qingyuan Shangtai Diamond Tools Co., Ltd ...................................................................................................................................
Quanzhou Zhongzhi Diamond Tool Co. Ltd ....................................................................................................................................
Rizhao Hein Saw Co., Ltd ...............................................................................................................................................................
Saint-Gobain Abrasives (Shanghai) Co., Ltd ..................................................................................................................................
Shanghai Jingquan Ind. Trade Co., Ltd ..........................................................................................................................................
Shanghai Starcraft Tools Company Limited ....................................................................................................................................
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
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.8 For customers or importers of
Weihai Xiangguang Mechanical
Industrial Co., Ltd. (Weihai) for which
we do not have entered values, we
calculated customer-/importer-specific
antidumping duty assessment amounts
based on the ratio of the total amount of
dumping duties calculated for the
7 The PRC-wide entity includes the following
companies: ATM Single Entity, Central Iron and
Steel Research Institute Group, China Iron and Steel
Research Institute Group, Danyang Aurui Hardware
Products Co., Ltd., Danyang Dida Diamond Tools
Manufacturing Co., Ltd., Electrolux Construction
Products (Xiamen) Co. Ltd., Fujian Quanzhou
Wanlong Stone Co., Ltd., 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, Quanzhou Shuangyang Diamond
Tools Co., Ltd., Quanzhou Zongzhi Diamond Tool
Co. Ltd., Shanghai Deda Industry & Trading Co.,
Ltd., Shanghai Robtol Tool Manufacturing 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. ATM
Single Entity includes Advanced Technology &
Materials Co., Ltd. (ATM), Beijing Gang Yan
Diamond Products Co. (BGY), Yichang HXF
Circular Saw Industrial Co., Ltd. (currently HXF
Saw Co., Ltd.) (HXF), Cliff (Tianjin) International
Ltd (Cliff), and AT&M International Trading Co.,
Ltd. Cliff also used the company name Cliff
International Ltd. See 3rd Review Prelim, 78 FR at
77099, n.4, and the accompanying Preliminary
Decision Memorandum at 5, n.24, unchanged in 3rd
Review Final for HXF’s name change and Cliff’s use
of another company name.
8 See 19 CFR 351.212(b)(1).
VerDate Sep<11>2014
17:09 Jun 05, 2015
Jkt 235001
examined sales of subject merchandise
to the total sales quantity of those same
sales.9 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 2.34 percent 10 to all
entries of subject merchandise that
entered the United States during the
POR. For all other companies, except as
described in Comment 2 of the Issues
and Decision Memorandum, we will
instruct CBP to apply the antidumping
duty assessment rate of the PRC-wide
entity, 82.05 percent, to all entries of
subject merchandise exported by these
companies.11
9 Id.
10 See
Issues and Decision Memorandum at 5–6.
March 22, 2013, a date which falls
within the period of this administrative review, the
Department partially revoked the antidumping duty
order with respect to the entries of diamond
sawblades from the PRC produced and exported by
three members of the ATM Single Entity: ATM,
BGY, and HXF. 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, 18959 n.10, 18960 (March 28, 2013)
(Section 129 Partial Revocation). In connection
with a temporary restraining order and subsequent
injunction issued by the U.S. Court of International
Trade in Court No. 09–00511, the Department had
suspended entries of subject merchandise exported
by the ATM Single Entity. See Section 129 Partial
Revocation, 78 FR 18958, 18960 n.20. This
injunction has dissolved as a result of the final and
11 Effective
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2.34
2.34
2.34
2.34
2.34
2.34
2.34
2.34
2.34
2.34
2.34
2.34
2.34
2.34
2.34
3.35
2.34
2.34
2.34
82.05
Pursuant to a refinement to the
Department’s assessment practice in
NME cases,12 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 Qingdao Shinhan,
the exporter that we determined had no
reviewable entries of the subject
merchandise in this review period, 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
conclusive court decision in Advanced Technology
& Materials Co., Ltd. et al. v. United States, Court
No. 2014–1154 (Fed. Cir. Oct. 24, 2014).
Accordingly, we intend to liquidate the entries of
subject merchandise exported by the ATM Single
Entity as explained in the Issues and Decision
Memorandum at Comment 2.
12 For a full discussion of this practice, see
Assessment Practice Refinement.
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32346
Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices
and non-PRC exporters not listed above
that received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
exporter-specific rate; (3) for all PRC
exporters of subject merchandise that
have not been found to be entitled to a
separate rate, the cash deposit rate will
be that for the PRC-wide entity, except
as described in Comment 2 of the Issues
and Decision Memorandum; 13 (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 to Importers
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.
Administrative Protective Orders
mstockstill on DSK4VPTVN1PROD with NOTICES
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.
13 Consistent with partial revocation of the order
in Section 129 Partial Revocation and the
dissolution of injunction pursuant to which
incoming entries of subject merchandise from the
ATM Single Entity remained suspended from
liquidation, no cash deposits for estimated
antidumping duties will be required for ATM, BGY,
and HXF. See Section 129 Partial Revocation, 78 FR
at 18959 n.10 and 18960 (‘‘Accordingly, the
Department will instruct CBP . . . to discontinue
the collection of cash deposits for estimated
antidumping duties for {ATM, BGY, and HXF}’’).
VerDate Sep<11>2014
17:09 Jun 05, 2015
Jkt 235001
Dated: June 2, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
Summary
Background
Company Abbreviations
Other Abbreviations
Diamond Sawblades Administrative
Determinations and Results
Scope of the Order
Surrogate Country
Separate Rates
Discussion of the Issues
Separate Rate
Untimely Filed Separate Rate Applications
Value-Added Tax
Differential Pricing
Surrogate Values
Request To Apply Adverse Facts Available
Recommendation
[FR Doc. 2015–13942 Filed 6–5–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–938]
Citric Acid and Certain Citrate Salts:
Preliminary Results of Countervailing
Duty Administrative Review; 2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
countervailing duty (CVD) order on
citric acid and certain citrate salts from
the People’s Republic of China (PRC) for
the period of review (POR) covering
January 1, 2013, through December 31,
2013. These preliminary results cover
Laiwu Taihe Biochemistry Co. Ltd.
(Taihe). We preliminarily determine
that Taihe received countervailable
subsidies during the POR. Interested
parties are invited to comment on these
preliminary results.
DATES: Effective Date: June 8, 2015.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Eastwood or Shannon
Morrison, AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone (202)
482–3874 or (202) 482–6274,
respectively.
AGENCY:
Scope of the Order
The merchandise subject to the order
is citric acid and certain citrate salts.
The product is currently classified
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
under the Harmonized Tariff Schedule
of the United States (HTSUS) item
numbers 2918.14.0000, 2918.15.1000,
2918.15.5000, 3824.90.9290, and
3824.90.9290. Although the HTSUS
numbers are provided for convenience
and customs purposes, the written
product description remains dispositive.
A full description of the scope of the
order is contained in the memorandum
from Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations to
Ronald K Lorentzen, Acting Assistant
Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum
for the Preliminary Results of the
Countervailing Duty Administrative
Review: Citric Acid and Certain Citrate
Salts; 2013’’ (Preliminary Decision
Memorandum), dated concurrently
with, and hereby adopted by, this
notice.
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.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://www.trade.gov/
enforcement/. The signed Preliminary
Decision Memorandum and the
electronic version of the Preliminary
Decision Memorandum are identical in
content.
Methodology
The Department conducted this
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (the Act). For each of the
subsidy programs found
countervailable, we preliminarily
determine that there is a subsidy (i.e., a
financial contribution from an authority
that gives rise to a benefit to the
recipient) and that the subsidy is
specific.1
In making these findings, we relied, in
part, on facts otherwise available.
Because the Government of the PRC did
not act to the best of its ability to
respond to the Department’s requests for
information, we used an adverse
inference in selecting from among the
facts otherwise available.2 For further
information, see ‘‘Use of Facts
1 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
2 See sections 776(a) and (b) of the Act.
E:\FR\FM\08JNN1.SGM
08JNN1
]]>Agencies
[Federal Register Volume 80, Number 109 (Monday, June 8, 2015)]
[Notices]
[Pages 32344-32346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13942]
[[Page 32344]]
-----------------------------------------------------------------------
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; 2012-
2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 4, 2014, 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, 2012, through October
31, 2013. 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 8, 2015.
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 4, 2014, the Department published the preliminary
results of the administrative review of the antidumping duty order on
diamond sawblades from the PRC.\1\ We received case and rebuttal briefs
with respect to the Preliminary Results and, at the request of
interested parties, held a hearing on April 15, 2015. We extended the
due date for the final results of review to June 2, 2015.\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; 2012-2013, 79 FR 71980 (December 4, 2014)
(Preliminary Results), and the accompanying Preliminary Decision
Memorandum.
\2\ See the memorandum to Associate Deputy Assistant Secretary
Gary Taverman entitled ``Diamond Sawblades and Parts Thereof from
the People's Republic of China: Extension of Deadline for Final
Results of Antidumping Duty Administrative Review'' dated April 1,
2015, and the memorandum to Deputy Assistant Secretary Christian
Marsh entitled ``Diamond Sawblades and Parts Thereof from the
People's Republic of China: Second Extension of Deadline for Final
Results of Antidumping Duty Administrative Review'' dated May 5,
2015.
---------------------------------------------------------------------------
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 Issues and
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'' dated June 2, 2015, (Issues
and Decision Memorandum) and hereby adopted by this notice, at 4-5.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum. A list of the issues raised is attached to this notice as
an appendix. The Issues and Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). Access to ACCESS is available to registered users at
https://access.trade.gov. The Issues and 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 Issues and Decision Memorandum can be accessed directly on the
Enforcement and Compliance Web site at https://enforcement.trade.gov/frn/.
Final Determination of No Shipments
We preliminarily found that Qingdao Shinhan Diamond Industrial Co.,
Ltd. (Qingdao Shinhan), which has been eligible for a separate rate in
previous segments of the proceeding and is subject to this review, did
not have any reviewable entries of subject merchandise during the
POR.\4\ After the Preliminary Results, we received no comments or
additional information with respect to Qingdao Shinhan. Therefore, for
the final results, we continue to find that Qingdao Shinhan did not
have any reviewable entries of subject merchandise during the POR.
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 5.
\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 and the PRC-wide rate. 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 Issues and 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, 2012, through October 31, 2013:
---------------------------------------------------------------------------
\6\ During this segment of the proceeding, we identified certain
name variations for several companies. See Preliminary Results, 79
FR at 71981, n.9, n.10, and n.11, and the accompanying Preliminary
Decision Memorandum at 7-8.
------------------------------------------------------------------------
Company \6\ Margin (percent)
------------------------------------------------------------------------
Bosun Tools Co., Ltd.................................. 1.51
Chengdu Huifeng Diamond Tools Co., Ltd................ 2.34
Danyang City Ou Di Ma Tools Co., Ltd.................. 2.34
Danyang Huachang Diamond Tools Manufacturing Co., Ltd. 2.34
Danyang NYCL Tools Manufacturing Co., Ltd............. 2.34
Danyang Tsunda Diamond Tools Co., Ltd................. 2.34
Danyang Weiwang Tools Manufacturing Co., Ltd.......... 2.34
[[Page 32345]]
Guilin Tebon Superhard Material Co., Ltd.............. 2.34
Hangzhou Deer King Industrial and Trading Co., Ltd.... 2.34
Hangzhou Kingburg Import & Export Co., Ltd............ 2.34
Huzhou Gu's Import & Export Co., Ltd.................. 2.34
Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd..... 2.34
Jiangsu Inter-China Group Corporation................. 2.34
Jiangsu Youhe Tool Manufacturer Co., Ltd.............. 2.34
Pujiang Talent Diamond Tools Co., Ltd................. 2.34
Qingdao Hyosung Diamond Tools Co., Ltd................ 2.34
Qingyuan Shangtai Diamond Tools Co., Ltd.............. 2.34
Quanzhou Zhongzhi Diamond Tool Co. Ltd................ 2.34
Rizhao Hein Saw Co., Ltd.............................. 2.34
Saint-Gobain Abrasives (Shanghai) Co., Ltd............ 2.34
Shanghai Jingquan Ind. Trade Co., Ltd................. 2.34
Shanghai Starcraft Tools Company Limited.............. 2.34
Weihai Xiangguang Mechanical Industrial Co., Ltd...... 3.35
Wuhan Wanbang Laser Diamond Tools Co.................. 2.34
Xiamen ZL Diamond Technology Co., Ltd................. 2.34
Zhejiang Wanli Tools Group Co., Ltd................... 2.34
PRC-Wide Entity \7\................................... 82.05
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Assessment
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\7\ The PRC-wide entity includes the following companies: ATM
Single Entity, Central Iron and Steel Research Institute Group,
China Iron and Steel Research Institute Group, Danyang Aurui
Hardware Products Co., Ltd., Danyang Dida Diamond Tools
Manufacturing Co., Ltd., Electrolux Construction Products (Xiamen)
Co. Ltd., Fujian Quanzhou Wanlong Stone Co., Ltd., 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, Quanzhou Shuangyang Diamond Tools Co., Ltd., Quanzhou
Zongzhi Diamond Tool Co. Ltd., Shanghai Deda Industry & Trading Co.,
Ltd., Shanghai Robtol Tool Manufacturing 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. ATM Single
Entity includes Advanced Technology & Materials Co., Ltd. (ATM),
Beijing Gang Yan Diamond Products Co. (BGY), Yichang HXF Circular
Saw Industrial Co., Ltd. (currently HXF Saw Co., Ltd.) (HXF), Cliff
(Tianjin) International Ltd (Cliff), and AT&M International Trading
Co., Ltd. Cliff also used the company name Cliff International Ltd.
See 3rd Review Prelim, 78 FR at 77099, n.4, and the accompanying
Preliminary Decision Memorandum at 5, n.24, unchanged in 3rd Review
Final for HXF's name change and Cliff's use of another company name.
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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.\8\ For customers or importers of Weihai
Xiangguang Mechanical Industrial Co., Ltd. (Weihai) for which we do not
have entered values, 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.\9\ 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).
\9\ Id.
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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 2.34
percent \10\ to all entries of subject merchandise that entered the
United States during the POR. For all other companies, except as
described in Comment 2 of the Issues and Decision Memorandum, we will
instruct CBP to apply the antidumping duty assessment rate of the PRC-
wide entity, 82.05 percent, to all entries of subject merchandise
exported by these companies.\11\
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\10\ See Issues and Decision Memorandum at 5-6.
\11\ Effective March 22, 2013, a date which falls within the
period of this administrative review, the Department partially
revoked the antidumping duty order with respect to the entries of
diamond sawblades from the PRC produced and exported by three
members of the ATM Single Entity: ATM, BGY, and HXF. 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, 18959 n.10, 18960 (March 28,
2013) (Section 129 Partial Revocation). In connection with a
temporary restraining order and subsequent injunction issued by the
U.S. Court of International Trade in Court No. 09-00511, the
Department had suspended entries of subject merchandise exported by
the ATM Single Entity. See Section 129 Partial Revocation, 78 FR
18958, 18960 n.20. This injunction has dissolved as a result of the
final and conclusive court decision in Advanced Technology &
Materials Co., Ltd. et al. v. United States, Court No. 2014-1154
(Fed. Cir. Oct. 24, 2014). Accordingly, we intend to liquidate the
entries of subject merchandise exported by the ATM Single Entity as
explained in the Issues and Decision Memorandum at Comment 2.
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Pursuant to a refinement to the Department's assessment practice in
NME cases,\12\ 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 Qingdao Shinhan, the exporter that
we determined had no reviewable entries of the subject merchandise in
this review period, 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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\12\ 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
[[Page 32346]]
and non-PRC exporters not listed above that received a separate rate in
a prior segment of this proceeding, the cash deposit rate will continue
to be the exporter-specific rate; (3) for all PRC exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be that for the PRC-wide entity, except as
described in Comment 2 of the Issues and Decision Memorandum; \13\ (4)
for all non-PRC exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the PRC exporter that supplied that non-PRC exporter.
These deposit requirements shall remain in effect until further notice.
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\13\ Consistent with partial revocation of the order in Section
129 Partial Revocation and the dissolution of injunction pursuant to
which incoming entries of subject merchandise from the ATM Single
Entity remained suspended from liquidation, no cash deposits for
estimated antidumping duties will be required for ATM, BGY, and HXF.
See Section 129 Partial Revocation, 78 FR at 18959 n.10 and 18960
(``Accordingly, the Department will instruct CBP . . . to
discontinue the collection of cash deposits for estimated
antidumping duties for {ATM, BGY, and HXF{time} '').
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Notification to Importers
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.
Administrative Protective Orders
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 2, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
Summary
Background
Company Abbreviations
Other Abbreviations
Diamond Sawblades Administrative Determinations and Results
Scope of the Order
Surrogate Country
Separate Rates
Discussion of the Issues
Separate Rate
Untimely Filed Separate Rate Applications
Value-Added Tax
Differential Pricing
Surrogate Values
Request To Apply Adverse Facts Available
Recommendation
[FR Doc. 2015-13942 Filed 6-5-15; 8:45 am]
BILLING CODE 3510-DS-P
