Diamond Sawblades and Parts Thereof From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014, 75854-75856 [2015-30715]
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75854
Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Notices
Rescission of Review in Part
We are rescinding the review in part
with respect to Husqvarna (Hebei) Co.,
Ltd.2
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–900]
Diamond Sawblades and Parts Thereof
From the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2013–
2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on diamond
sawblades and parts thereof (diamond
sawblades) from the People’s Republic
of China (the PRC). The period of review
(POR) is November 1, 2013, through
October 31, 2014. The Department has
preliminarily determined that certain
companies covered by this review made
sales of subject merchandise at less than
normal value. Interested parties are
invited to comment on these
preliminary results.
SUMMARY:
DATES:
Effective Date: December 4, 2015.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun or Bryan Hansen, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–5760 and (202)
482–3683, respectively.
Scope of the Order
asabaliauskas on DSK5VPTVN1PROD with NOTICES
The merchandise subject to the order
is diamond sawblades and parts thereof.
The diamond sawblades subject to the
order are currently classifiable under
subheadings 8202 to 8206 of the
Harmonized Tariff Schedule of the
United States (HTSUS), and may also
enter under 6804.21.00. While the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description is dispositive. A full
description of the scope of the order is
contained in the Preliminary Decision
Memorandum.1
1 See the Memorandum from Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
entitled ‘‘Decision Memorandum for Preliminary
Results of 2013–2014 Antidumping Duty
Administrative Review: Diamond Sawblades and
Parts Thereof from the People’s Republic of China’’
dated concurrently with and hereby adopted by this
notice (Preliminary Decision Memorandum).
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Jkt 238001
Preliminary Determination of No
Shipments
Six companies that received a
separate rate in previous segments of the
proceeding and are subject to this
review reported that they did not have
any exports of subject merchandise
during the POR.3 U.S. Customs and
Border Protection (CBP) data for the
POR corroborated the no-shipment
claims of these companies.4
Additionally, we requested that CBP
report any contrary information.5 To
date, CBP has not responded to our
inquiry with any contrary information
and we have not received any evidence
that these companies had any shipments
of the subject merchandise sold to the
United States during the POR.6
Consistent with the Department’s
assessment practice in non-market
econonmy (NME) cases regarding no
shipment claims, we are completing the
review with respect to these companies
and will issue appropriate instructions
to CBP based on the final results of the
review.7
Preliminary Affiliation and Single
Entity Determination
Based on the record evidence for
these preliminary results, we find that
Jiangsu Fengtai Diamond Tool
Manufacture Co., Ltd., Jiangsu Fengtai
Tools Co., Ltd., and Jiangsu Sawing Co.,
Ltd., are affiliated, pursuant to sections
771(33)(A) and (F) of the Tariff Act of
1930, as amended (the Act).
Additionally, under 19 CFR
351.401(f)(1)-(2), we preliminarily find
that these companies should be
2 Id. at 2–3 for more details on this rescission in
part.
3 See the no-shipment letters dated February 23,
2015, from Danyang City Ou Di Ma Tools Co., Ltd.,
Danyang Tsunda Diamond Tools Co., Ltd.,
Hangzhou Kingburg Import & Export Co., Ltd.,
Qingdao Hyosung Diamond Tools Co., Ltd.,
Qingdao Shinhan Diamond Industrial Co., Ltd., and
Shanghai Starcraft Tools Co., Ltd.
4 See the CBP data attached to the letter to all
interested parties dated March 20, 2015.
5 See CBP message numbers 5261301, 5261302,
5261303, 5261304, 5261305, and 5261306 dated
September 18, 2015, available at https://
adcvd.cbp.dhs.gov/adcvdweb/.
6 CBP only responds to the Department’s inquiry
when there are records of shipments from the
company in question. See, e.g., Certain Hot-Rolled
Flat-Rolled Carbon Quality Steel Flat Products
From Brazil: Notice of Rescission of Antidumping
Duty Administrative Review, 75 FR 65453, 65454
(October 25, 2010).
7 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), and the ‘‘Assessment
Rates’’ section below.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
considered a single entity (collectively
known as the Jiangsu Fengtai Single
Entity).8
Separate Rates
The Department preliminarily
determines that 24 respondents are
eligible to receive separate rates in this
review.9
Separate Rates for Eligible NonSelected Respondents
Consistent with our practice, we
assigned to eligible non-selected
respondents the average of the
weighted-average margins calculated for
the two individually examined
respondents as the separate rate for the
preliminary results of this review.10
PRC-Wide Entity
The Department’s change in policy
regarding conditional review of the
PRC-wide entity applies to this
administrative review.11 Under this
policy, the PRC-wide entity will not be
under review unless a party specifically
requests, or the Department selfinitiates, a review of the entity. Because
no party requested a review of the PRCwide entity in this review, the entity is
not under review and the entity’s rate is
not subject to change (i.e., 82.05
percent).12 Aside from the no-shipments
and separate rate companies discussed
above, and the company for which the
review is being rescinded, the
Department considers all other
companies for which a review was
requested (which did not file a separate
rate application) to be part of the PRCwide entity.13
8 See Preliminary Decision Memorandum at 4–6
for more details.
9 Id., at 7–11, for more details.
10 Id.
11 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
12 See Diamond Sawblades and Parts Thereof
From the People’s Republic of China; Final Results
of Antidumping Duty Administrative Review; 2012–
2013, 80 FR 32344, 32345 (June 8, 2015).
13 See Initiation Notice, 79 FR at 76957 (‘‘All
firms listed below that wish to qualify for separate
rate status in the administrative reviews involving
NME countries must complete, as appropriate,
either a separate rate application or certification, as
described below.’’). Companies that are subject to
this administrative review that are considered to be
part of the PRC-wide entity are 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
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Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Notices
Methodology
The Department conducted this
review in accordance with section
751(a)(1)(B) of the Act. Export price and
constructed export price were
calculated in accordance with section
772 of the Act. Because the PRC is a
NME within the meaning of section
771(18) of the Act, normal value was
calculated in accordance with section
773(c) of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via 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 to all
parties in the Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/.
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
Margin
(percent)
Exporter
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 .........................................................................................................................
Hong Kong Hao Xin International Group Limited ................................................................................................................................
Huzhou Gu’s Import & Export Co., Ltd ...............................................................................................................................................
Jiangsu Fengtai Single Entity 14 ..........................................................................................................................................................
Jiangsu Huachang Tools Manufacturing Co., Ltd ...............................................................................................................................
Jiangsu Inter-China Group Corporation 15 ...........................................................................................................................................
Jiangsu Youhe Tool Manufacturer Co., Ltd ........................................................................................................................................
Orient Gain International Limited .........................................................................................................................................................
Pantos Logistics (HK) Company Limited .............................................................................................................................................
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 Industrial Trade 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 ..................................................................................................................................................
Disclosure and Public Comment
asabaliauskas on DSK5VPTVN1PROD with NOTICES
The Department intends to disclose
calculations performed for these
preliminary results to the parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR
351.309(c), interested parties may
submit case briefs no later than 30 days
after the date of publication of these
preliminary results of review.16 Parties
who submit case briefs or rebuttal briefs
Diamond Tools, Pujiang Talent Diamond Tools Co.,
Ltd., Quanzhou Shuangyang Diamond Tools 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.
Addtionally, to the extent certain merchandise from
the ATM Single Entity (i.e., Advanced Technology
& Materials Co., Ltd., AT&M International Trading
Co., Ltd., Beijing Gang Yan Diamond Products Co.,
Cliff International Ltd., and HXF Saw Co., Ltd.)
remains subject to the order, the ATM Single Entity
VerDate Sep<11>2014
18:41 Dec 03, 2015
Jkt 238001
12.20
12.20
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12.20
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12.20
57.10
12.20
12.20
12.20
12.20
12.20
12.20
12.20
12.20
12.20
12.20
0.75
12.20
12.20
12.20
in this proceeding are encouraged to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.17 Rebuttal briefs,
limited to issues raised in the case
briefs, may be filed no later than five
days after the case briefs are filed.18
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, filed
electronically using ACCESS. An
electronically filed document must be
received successfully in its entirety by
the Department’s ACCESS by 5:00 p.m.
Eastern Time within 30 days after the
date of publication of this notice.19
Hearing requests should contain (1) the
party’s name, address, and telephone
number; (2) the number of participants;
and (3) a list of issues to be discussed.
Issues raised in the hearing will be
is also considered to be part of the PRC-wide entity.
See Preliminary Decision Memorandum at 3, 10,
and 12, n. 58, for more details on our treatment of
the ATM Single Entity; 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).
14 As noted above, we preliminarily treat Jiangsu
Fengtai Diamond Tool Manufacture Co., Ltd.,
Jiangsu Fengtai Tools Co., Ltd., and Jiangsu Sawing
Co., Ltd., as a single entity. See the Preliminary
Affiliation and Single Entity Determination section
above and Preliminary Decision Memorandum at 4–
6 for details.
15 Jiangsu Inter-China Group Corporation was
previously known as Zhenjiang Inter-China Import
& Export Co., Ltd., a company for which we
initiated this review in Initiation Notice, 79 FR at
76958. 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, 77100, n. 15
(December 20, 2013), unchanged in Diamond
Sawblades and Parts Thereof From the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review; 2011–2012, 79 FR
35723, 35724 n.7 (June 24, 2014).
16 See 19 CFR 351.309(c).
17 See 19 CFR 351.309(c)(2).
18 See 19 CFR 351.309(d).
19 See 19 CFR 351.310(c).
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Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Notices
limited to those raised in the respective
case briefs. The Department intends to
issue the final results of this review,
including the results of its analysis of
issues raised by parties in their
comments, within 120 days after the
publication of these preliminary results,
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(1).
Assessment Rates
Upon issuing the final results of
review, the Department will determine,
and CBP shall assess, antidumping
duties on all appropriate entries covered
by this review.20 If a respondent’s
weighted-average dumping margin is
above de minimis (i.e., 0.5 percent) in
the final results of this review, we will
calculate an importer-specific
assessment rate on the basis of the ratio
of the total amount of dumping
calculated for the importer’s examined
sales and the total entered value of those
sales in accordance with 19 CFR
351.212(b)(1). Specifically, the
Department will apply the assessment
rate calculation method adopted in
Final Modification for Reviews.21 Where
an importer- (or customer-) specific ad
valorem rate is zero or de minimis, we
will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.22
For Husqvarna (Hebei) Co., Ltd., for
which the review is rescinded, the
antidumping duty shall be assessed at
the rate equal to the cash deposit of the
estimated antidumping duty required at
the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR 351.212(c)(2).
We will instruct CBP accordingly.
Pursuant to the Department’s
assessment practice in NME cases,23 for
entries that were not reported in the
U.S. sales databases submitted by
companies individually examined
during this review, the Department will
instruct CBP to liquidate such entries at
the PRC-wide rate. In addition, if the
Department determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number (i.e., at that
exporter’s rate) will be liquidated at the
asabaliauskas on DSK5VPTVN1PROD with NOTICES
20 See
19 CFR 351.212(b)(1).
Antidumping Proceeding: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8103
(February 14, 2012) (Final Modification for
Reviews).
22 See 19 CFR 351.106(c)(2).
23 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
21 See
VerDate Sep<11>2014
18:41 Dec 03, 2015
Jkt 238001
PRC-wide rate.24 The Department
intends to issue appropriate assessment
instructions directly to CBP 15 days
after publication of the final results of
review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For subject
merchandise exported by the companies
listed above that have separate rates, the
cash deposit rate will be that established
in the final results of review (except, if
the rate is zero or de minimis, then zero
cash deposit will be required); (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (3) for all
PRC exporters of subject merchandise
that have not been found to be entitled
to a separate rate, the cash deposit rate
will be that for the PRC-wide entity; and
(4) for all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporter that supplied that non-PRC
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in the Department’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: November 30, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
Summary
24 Id.
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Background
Scope of the Order
Rescission of Review in Part
Preliminary Determination of No Shipments
Affiliation and Single Entity
Discussion of the Methodology
Non-Market Economy Country Status
Separate Rates
Surrogate Country
Fair Value Comparisons
Determination of Comparison Method
Results of the Differential Pricing Analysis
U.S. Price
Normal Value
Factor Valuations
Currency Conversion
Recommendation
[FR Doc. 2015–30715 Filed 12–3–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE333
Notice of Availability of a Draft
Programmatic Environmental
Assessment for Fisheries and
Ecosystem Research Conducted and
Funded by the National Marine
Fisheries Service, Pacific Islands
Fisheries Science Center
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of a Draft
Programmatic Environmental
Assessment; request for comments.
AGENCY:
NMFS announces the
availability of the ‘‘Draft Programmatic
Environmental Assessment (DPEA) for
Fisheries and Ecosystem Research
Conducted and Funded by the Pacific
Islands Fisheries Science Center
(PIFSC).’’ Publication of this notice
begins the official public comment
period for this DPEA. The purpose of
the DPEA is to evaluate, in compliance
with the National Environmental Policy
Act (NEPA), the potential direct,
indirect, and cumulative impacts of
conducting and funding fisheries and
ecosystem research in NOAA’s Pacific
Islands Region.
DATES: Comments and information must
be received no later than January 4,
2016.
ADDRESSES: Comments on the DPEA
should be addressed to: NOAA IRC,
NMFS/PIFSC/Director’s Office, 1845
Wasp Blvd., Bldg. #176, Honolulu, HI
96818. The mailbox address for
providing email comments is
pifsc.nepa@noaa.gov. NMFS is not
responsible for email comments sent to
SUMMARY:
E:\FR\FM\04DEN1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 233 (Friday, December 4, 2015)]
[Notices]
[Pages 75854-75856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30715]
[[Page 75854]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-900]
Diamond Sawblades and Parts Thereof From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review;
2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on diamond
sawblades and parts thereof (diamond sawblades) from the People's
Republic of China (the PRC). The period of review (POR) is November 1,
2013, through October 31, 2014. The Department has preliminarily
determined that certain companies covered by this review made sales of
subject merchandise at less than normal value. Interested parties are
invited to comment on these preliminary results.
DATES: Effective Date: December 4, 2015.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Bryan Hansen, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5760 and (202) 482-3683, respectively.
Scope of the Order
The merchandise subject to the order is diamond sawblades and parts
thereof. The diamond sawblades subject to the order are currently
classifiable under subheadings 8202 to 8206 of the Harmonized Tariff
Schedule of the United States (HTSUS), and may also enter under
6804.21.00. While the HTSUS subheadings are provided for convenience
and customs purposes, the written description is dispositive. A full
description of the scope of the order is contained in the Preliminary
Decision Memorandum.\1\
---------------------------------------------------------------------------
\1\ See the Memorandum from Gary Taverman, Associate Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, entitled ``Decision
Memorandum for Preliminary Results of 2013-2014 Antidumping Duty
Administrative Review: Diamond Sawblades and Parts Thereof from the
People's Republic of China'' dated concurrently with and hereby
adopted by this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Rescission of Review in Part
We are rescinding the review in part with respect to Husqvarna
(Hebei) Co., Ltd.\2\
---------------------------------------------------------------------------
\2\ Id. at 2-3 for more details on this rescission in part.
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
Six companies that received a separate rate in previous segments of
the proceeding and are subject to this review reported that they did
not have any exports of subject merchandise during the POR.\3\ U.S.
Customs and Border Protection (CBP) data for the POR corroborated the
no-shipment claims of these companies.\4\ Additionally, we requested
that CBP report any contrary information.\5\ To date, CBP has not
responded to our inquiry with any contrary information and we have not
received any evidence that these companies had any shipments of the
subject merchandise sold to the United States during the POR.\6\
Consistent with the Department's assessment practice in non-market
econonmy (NME) cases regarding no shipment claims, we are completing
the review with respect to these companies and will issue appropriate
instructions to CBP based on the final results of the review.\7\
---------------------------------------------------------------------------
\3\ See the no-shipment letters dated February 23, 2015, from
Danyang City Ou Di Ma Tools Co., Ltd., Danyang Tsunda Diamond Tools
Co., Ltd., Hangzhou Kingburg Import & Export Co., Ltd., Qingdao
Hyosung Diamond Tools Co., Ltd., Qingdao Shinhan Diamond Industrial
Co., Ltd., and Shanghai Starcraft Tools Co., Ltd.
\4\ See the CBP data attached to the letter to all interested
parties dated March 20, 2015.
\5\ See CBP message numbers 5261301, 5261302, 5261303, 5261304,
5261305, and 5261306 dated September 18, 2015, available at https://adcvd.cbp.dhs.gov/adcvdweb/.
\6\ CBP only responds to the Department's inquiry when there are
records of shipments from the company in question. See, e.g.,
Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Flat Products
From Brazil: Notice of Rescission of Antidumping Duty Administrative
Review, 75 FR 65453, 65454 (October 25, 2010).
\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), and the
``Assessment Rates'' section below.
---------------------------------------------------------------------------
Preliminary Affiliation and Single Entity Determination
Based on the record evidence for these preliminary results, we find
that Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd., Jiangsu
Fengtai Tools Co., Ltd., and Jiangsu Sawing Co., Ltd., are affiliated,
pursuant to sections 771(33)(A) and (F) of the Tariff Act of 1930, as
amended (the Act). Additionally, under 19 CFR 351.401(f)(1)-(2), we
preliminarily find that these companies should be considered a single
entity (collectively known as the Jiangsu Fengtai Single Entity).\8\
---------------------------------------------------------------------------
\8\ See Preliminary Decision Memorandum at 4-6 for more details.
---------------------------------------------------------------------------
Separate Rates
The Department preliminarily determines that 24 respondents are
eligible to receive separate rates in this review.\9\
---------------------------------------------------------------------------
\9\ Id., at 7-11, for more details.
---------------------------------------------------------------------------
Separate Rates for Eligible Non-Selected Respondents
Consistent with our practice, we assigned to eligible non-selected
respondents the average of the weighted-average margins calculated for
the two individually examined respondents as the separate rate for the
preliminary results of this review.\10\
---------------------------------------------------------------------------
\10\ Id.
---------------------------------------------------------------------------
PRC-Wide Entity
The Department's change in policy regarding conditional review of
the PRC-wide entity applies to this administrative review.\11\ Under
this policy, the PRC-wide entity will not be under review unless a
party specifically requests, or the Department self-initiates, a review
of the entity. Because no party requested a review of the PRC-wide
entity in this review, the entity is not under review and the entity's
rate is not subject to change (i.e., 82.05 percent).\12\ Aside from the
no-shipments and separate rate companies discussed above, and the
company for which the review is being rescinded, the Department
considers all other companies for which a review was requested (which
did not file a separate rate application) to be part of the PRC-wide
entity.\13\
---------------------------------------------------------------------------
\11\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\12\ See Diamond Sawblades and Parts Thereof From the People's
Republic of China; Final Results of Antidumping Duty Administrative
Review; 2012-2013, 80 FR 32344, 32345 (June 8, 2015).
\13\ See Initiation Notice, 79 FR at 76957 (``All firms listed
below that wish to qualify for separate rate status in the
administrative reviews involving NME countries must complete, as
appropriate, either a separate rate application or certification, as
described below.''). Companies that are subject to this
administrative review that are considered to be part of the PRC-wide
entity are 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,
Pujiang Talent Diamond Tools Co., Ltd., Quanzhou Shuangyang Diamond
Tools 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. Addtionally, to the
extent certain merchandise from the ATM Single Entity (i.e.,
Advanced Technology & Materials Co., Ltd., AT&M International
Trading Co., Ltd., Beijing Gang Yan Diamond Products Co., Cliff
International Ltd., and HXF Saw Co., Ltd.) remains subject to the
order, the ATM Single Entity is also considered to be part of the
PRC-wide entity. See Preliminary Decision Memorandum at 3, 10, and
12, n. 58, for more details on our treatment of the ATM Single
Entity; 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).
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[[Page 75855]]
Methodology
The Department conducted this review in accordance with section
751(a)(1)(B) of the Act. Export price and constructed export price were
calculated in accordance with section 772 of the Act. Because the PRC
is a NME within the meaning of section 771(18) of the Act, normal value
was calculated in accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is on file electronically
via 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 to all parties in the
Central Records Unit, room B8024 of the main Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly on the internet at https://enforcement.trade.gov/frn/.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Margin
Exporter (percent)
------------------------------------------------------------------------
Bosun Tools Co., Ltd.................................... 12.20
Chengdu Huifeng Diamond Tools Co., Ltd.................. 12.20
Danyang Huachang Diamond Tools Manufacturing Co., Ltd... 12.20
Danyang NYCL Tools Manufacturing Co., Ltd............... 12.20
Danyang Weiwang Tools Manufacturing Co., Ltd............ 12.20
Guilin Tebon Superhard Material Co., Ltd................ 12.20
Hangzhou Deer King Industrial and Trading Co., Ltd...... 12.20
Hong Kong Hao Xin International Group Limited........... 12.20
Huzhou Gu's Import & Export Co., Ltd.................... 12.20
Jiangsu Fengtai Single Entity \14\...................... 57.10
Jiangsu Huachang Tools Manufacturing Co., Ltd........... 12.20
Jiangsu Inter-China Group Corporation \15\.............. 12.20
Jiangsu Youhe Tool Manufacturer Co., Ltd................ 12.20
Orient Gain International Limited....................... 12.20
Pantos Logistics (HK) Company Limited................... 12.20
Qingyuan Shangtai Diamond Tools Co., Ltd................ 12.20
Quanzhou Zhongzhi Diamond Tool Co. Ltd.................. 12.20
Rizhao Hein Saw Co., Ltd................................ 12.20
Saint-Gobain Abrasives (Shanghai) Co., Ltd.............. 12.20
Shanghai Jingquan Industrial Trade Co., Ltd............. 12.20
Weihai Xiangguang Mechanical Industrial Co., Ltd........ 0.75
Wuhan Wanbang Laser Diamond Tools Co.................... 12.20
Xiamen ZL Diamond Technology Co., Ltd................... 12.20
Zhejiang Wanli Tools Group Co., Ltd..................... 12.20
------------------------------------------------------------------------
Disclosure and Public Comment
The Department intends to disclose calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of these
preliminary results of review.\16\ Parties who submit case briefs or
rebuttal briefs in this proceeding are encouraged to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\17\ Rebuttal briefs, limited
to issues raised in the case briefs, may be filed no later than five
days after the case briefs are filed.\18\
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\14\ As noted above, we preliminarily treat Jiangsu Fengtai
Diamond Tool Manufacture Co., Ltd., Jiangsu Fengtai Tools Co., Ltd.,
and Jiangsu Sawing Co., Ltd., as a single entity. See the
Preliminary Affiliation and Single Entity Determination section
above and Preliminary Decision Memorandum at 4-6 for details.
\15\ Jiangsu Inter-China Group Corporation was previously known
as Zhenjiang Inter-China Import & Export Co., Ltd., a company for
which we initiated this review in Initiation Notice, 79 FR at 76958.
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, 77100, n. 15 (December 20, 2013),
unchanged in Diamond Sawblades and Parts Thereof From the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; 2011-2012, 79 FR 35723, 35724 n.7 (June 24, 2014).
\16\ See 19 CFR 351.309(c).
\17\ See 19 CFR 351.309(c)(2).
\18\ See 19 CFR 351.309(d).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, filed electronically using
ACCESS. An electronically filed document must be received successfully
in its entirety by the Department's ACCESS by 5:00 p.m. Eastern Time
within 30 days after the date of publication of this notice.\19\
Hearing requests should contain (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be
[[Page 75856]]
limited to those raised in the respective case briefs. The Department
intends to issue the final results of this review, including the
results of its analysis of issues raised by parties in their comments,
within 120 days after the publication of these preliminary results,
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
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\19\ See 19 CFR 351.310(c).
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Assessment Rates
Upon issuing the final results of review, the Department will
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\20\ If a respondent's weighted-average
dumping margin is above de minimis (i.e., 0.5 percent) in the final
results of this review, we will calculate an importer-specific
assessment rate on the basis of the ratio of the total amount of
dumping calculated for the importer's examined sales and the total
entered value of those sales in accordance with 19 CFR 351.212(b)(1).
Specifically, the Department will apply the assessment rate calculation
method adopted in Final Modification for Reviews.\21\ Where an
importer- (or customer-) specific ad valorem rate is zero or de
minimis, we will instruct CBP to liquidate appropriate entries without
regard to antidumping duties.\22\
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\20\ See 19 CFR 351.212(b)(1).
\21\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012)
(Final Modification for Reviews).
\22\ See 19 CFR 351.106(c)(2).
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For Husqvarna (Hebei) Co., Ltd., for which the review is rescinded,
the antidumping duty shall be assessed at the rate equal to the cash
deposit of the estimated antidumping duty required at the time of
entry, or withdrawal from warehouse, for consumption, in accordance
with 19 CFR 351.212(c)(2). We will instruct CBP accordingly.
Pursuant to the Department's assessment practice in NME cases,\23\
for entries that were not reported in the U.S. sales databases
submitted by companies individually examined during this review, the
Department will instruct CBP to liquidate such entries at the PRC-wide
rate. In addition, if the Department determines that an exporter under
review had no shipments of the subject merchandise, any suspended
entries that entered under that exporter's case number (i.e., at that
exporter's rate) will be liquidated at the PRC-wide rate.\24\ The
Department intends to issue appropriate assessment instructions
directly to CBP 15 days after publication of the final results of
review.
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\23\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
\24\ Id.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For subject
merchandise exported by the companies listed above that have separate
rates, the cash deposit rate will be that established in the final
results of review (except, if the rate is zero or de minimis, then zero
cash deposit will be required); (2) for previously investigated or
reviewed PRC and non-PRC exporters not listed above that received a
separate rate in a prior segment of this proceeding, the cash deposit
rate will continue to be the existing exporter-specific rate; (3) for
all PRC exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be that for the
PRC-wide entity; and (4) for all non-PRC exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the PRC exporter that supplied that
non-PRC exporter. These deposit requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: November 30, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
Summary
Background
Scope of the Order
Rescission of Review in Part
Preliminary Determination of No Shipments
Affiliation and Single Entity
Discussion of the Methodology
Non-Market Economy Country Status
Separate Rates
Surrogate Country
Fair Value Comparisons
Determination of Comparison Method
Results of the Differential Pricing Analysis
U.S. Price
Normal Value
Factor Valuations
Currency Conversion
Recommendation
[FR Doc. 2015-30715 Filed 12-3-15; 8:45 am]
BILLING CODE 3510-DS-P
