Diamond Sawblades and Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014, 38673-38675 [2016-14047]
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Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Notices
proceeding but which have separate
rates, the cash deposit rate will continue
to be the exporter-specific rate
published for the most recent period; (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 the PRC-wide rate
of 247.26 percent; and (4) for all nonPRC exporters of subject merchandise
which have not received their own rate,
the cash deposit rate will be the rate
applicable to the PRC exporter(s) that
supplied that non-PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties. We are
issuing and publishing these results in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR 351.213.
Dated: June 7, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Results Decision
Memorandum
Summary
Background
Scope of the Order
Discussion of the Methodology
Preliminary Determination of No Shipments
Recommendation
[FR Doc. 2016–14048 Filed 6–13–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
srobinson on DSK5SPTVN1PROD with NOTICES
[A–570–900]
Diamond Sawblades and Parts Thereof
From the People’s Republic of China:
Final Results of Antidumping Duty
Administrative Review; 2013–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 4, 2015, the
Department of Commerce (the
Department) published the preliminary
AGENCY:
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19:36 Jun 13, 2016
Jkt 238001
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, 2013, through
October 31, 2014. 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 14, 2016
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, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–5760 and (202) 482–3683,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 4, 2015, 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. As explained in
the memorandum from the Acting
Assistant Secretary for Enforcement and
Compliance, the Department exercised
its discretion to toll all administrative
deadlines due to a closure of the Federal
Government. All deadlines in this
segment of the proceeding have been
extended by four business days. The
revised deadline for the final results of
this review moved to April 8, 2016.2
Subsequently, we fully extended the
time for completing the final results of
this administrative review to June 7,
2016.3 At the request of interested
parties, we held a hearing on April 20,
2016. We conducted this administrative
review in accordance with section 751
1 See Diamond Sawblades and Parts Thereof
From the People’s Republic of China: Preliminary
Results of Antidumping Duty Administrative
Review; 2013–2014, 80 FR 75854 (December 4,
2015) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum for the Record from Acting
Assistant Secretary Ron Lorenzen entitled ‘‘Tolling
of Administrative Deadlines as a Result of the
Government Closure during Snowstorm ‘Jonas’’’
dated January 27, 2016.
3 See 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 March 23, 2016, and Memorandum
to Deputy Assistant Secretary Christian Marsh
entitled ‘‘Diamond Sawblades and Parts Thereof
from the People’s Republic of China: Full Extension
of Deadline for Final Results of Antidumping Duty
Administrative Review’’ dated May 18, 2016.
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38673
of the Tariff Act of 1930, as amended
(the Act).
Scope of the Order
The merchandise subject to the order
is diamond sawblades. The diamond
sawblades subject to the order are
currently classifiable under subheadings
8202 to 8206 of the Harmonized Tariff
Schedule of the United States (HTSUS),
and may also enter under 6804.21.00.
The HTSUS subheadings are provided
for convenience and customs purposes.
A full description of the scope of the
order is contained in the Issues and
Decision Memorandum.4 The written
description is dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the 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 B8024 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 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.,
which have been eligible for separate
rates in previous segments of the
proceeding and are subject to this
review, did not have any reviewable
entries of subject merchandise during
the POR.5 After the Preliminary Results,
4 See Memorandum from Deputy Assistant
Secretary Christian Marsh to Assistant Secretary
Paul Piquado 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 7, 2016, (Issues and Decision
Memorandum) and hereby adopted by this notice,
at 4–5.
5 See Preliminary Results, and accompanying
Preliminary Decision Memorandum at 3–4.
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Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Notices
we received no comments or additional
information with respect to these six
companies. Therefore, for the final
results, we continue to find that these
six companies did not have any
reviewable entries of subject
merchandise during the POR. Consistent
with our practice, we will issue
appropriate instructions to U.S.
Customs and Border Protection (CBP)
based on our final results.
Final Affiliation and Single Entity
Determination
For the final results, we continue to
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 Act.
Additionally, under 19 CFR
351.401(f)(1)–(2), we continue to find
that these companies should be
considered a single entity (collectively
known as the Jiangsu Fengtai Single
Entity).6
srobinson on DSK5SPTVN1PROD with NOTICES
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. Moreover,
on May 11, 2016, in Diamond
Sawblades Manufacturers’ Coalition v.
United States, Court No. 13–00168, the
Court of International Trade affirmed a
remand redetermination in which the
Department determined it appropriate to
reinstate the antidumping duty order on
diamond sawblades from the PRC, in
part, with respect to certain parts of the
ATM Single Entity for which the
Department previously had revoked the
order, in part.7 Accordingly, the
6 See Preliminary Results, and accompanying
Preliminary Decision Memorandum at 4–6 for more
details.
7 The ATM Single Entity is comprised of
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. Concerning partial revocation of
the antidumping duty order on diamond sawblades
from the PRC, see Certain Frozen Warmwater
Shrimp From the People’s Republic of China and
Diamond Sawblades and Parts Thereof From the
People’s Republic of China: Notice of
Implementation of Determinations Under Section
129 of the Uruguay Round Agreements Act and
Partial Revocation of the Antidumping Duty Orders,
78 FR 18958 (March 28, 2013); Diamond Sawblades
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Jkt 238001
Department reinstated the order on
diamond sawblades from the PRC, in
part, with respect to these companies.8
As a result, all companies that the
Department has found to constitute the
ATM Single Entity are subject to this
administrative review.9
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, 2013,
through October 31, 2014:
Margin
(percent)
Company
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 10
Jiangsu Huachang Tools Manufacturing Co., Ltd ....................
Jiangsu Inter-China Group Corporation 11 ...............................
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 ....................
29.76
29.76
29.76
29.76
29.76
29.76
29.76
29.76
29.76
61.48
29.76
29.76
29.76
29.76
29.76
29.76
29.76
29.76
29.76
29.76
21.67
Manufacturer’s Coalition v. United States, Consol.
Court No. 13–00168, Slip Op. 16–48 (CIT May 11,
2016).
8 See Diamond Sawblades And Parts Thereof
from the People’s Republic of China: Notice of
Court Decision Not in Harmony With Final
Determination Under Section 129 of the Uruguay
Round Agreements Act and Reinstatement of Order,
In Part, 81 FR 36519 (June 7, 2016).
9 Id. To the extent they do not demonstrate
eligibility for a separate rate and no party has
requested a review of the PRC-wide entity, there is
no conditional review of the PRC-wide entity. 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), and Preliminary
Results, 80 FR at 75854.
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Fmt 4703
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Company
Wuhan Wanbang Laser Diamond Tools Co .......................
Xiamen ZL Diamond Technology
Co., Ltd ...................................
Zhejiang Wanli Tools Group Co.,
Ltd ...........................................
Margin
(percent)
29.76
29.76
29.76
Assessment
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), the
Department shall determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.12 For customers or importers of
the Jiangsu Fengtai Single Entity and
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.13 For a customer or importer of
Weihai for which we received enteredvalue information, we have calculated a
customer/importer-specific
antidumping duty assessment rate 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 29.76 percent 14 to all
entries of subject merchandise that
entered the United States during the
POR. For all other companies, with the
exception of the ATM Single Entity, 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.15
10 For the final results, we continue to treat
Jiangsu Fengtai Diamond Tool Manufacture Co.,
Ltd., Jiangsu Fengtai Tools Co., Ltd., and Jiangsu
Sawing Co., Ltd., as a single entity. See Preliminary
Results, 80 FR at 75854–55, and accompanying
Preliminary Decision Memorandum at 4–6 for
details.
11 See Preliminary Results, 80 FR at 75855 n.15
for the name variation of this company.
12 See 19 CFR 351.212(b)(1).
13 Id.
14 See Issues and Decision Memorandum at 5–6.
15 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
E:\FR\FM\14JNN1.SGM
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Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Notices
For entries that were not reported in
the U.S. sales databases submitted by an
exporter individually examined during
this review, the Department will
instruct CBP to liquidate such entries at
the PRC-wide rate. In addition, for the
six companies 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.
srobinson on DSK5SPTVN1PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of these final results of
review for all shipments of the subject
merchandise from the PRC entered, or
withdrawn from warehouse, for
consumption on or after the publication
date as provided by section 751(a)(2)(C)
of the Act: (1) For subject merchandise
exported by the companies listed above
that have separate rates, the cash
deposit rate will be the rate established
in these final results of review for each
exporter as listed above; (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
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.
Additionally, 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.) is part of the PRC-wide entity.
See Issues and Decision Memorandum at 7 and 8
for more information concerning the ATM Single
Entity as part of the PRC-wide entity and the effect
of the Department’s remand redetermination in
Diamond Sawblades Manufacturer’s Coalition v.
United States, Consol. Court No. 13–00168, Slip
Op. 16–48 (CIT May 11, 2016), which implicates
entries of diamond sawblades from the PRC from
the ATM Single Entity. A preliminary injunction
issued by the Court of International Trade in
Diamond Sawblades Manufacturers’ Coalition v.
United States, Court No. 13–00168, currently
enjoins us from lifting suspension of liquidation for
entries of subject merchandise produced and/or
exported by the ATM Single Entity to the extent
that such entries were made on or after March 22,
2013. See CBP Message Number 5238306 dated
August 26, 2015, which is available at https://
adcvd.cbp.dhs.gov/adcvdweb/ad_cvd_msgs/20287.
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19:36 Jun 13, 2016
Jkt 238001
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; (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
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 7, 2016.
Paul Piquado,
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
Differential Pricing
ATM Single Entity
Discussion of the Issues
Respondent Selection
Value-Added Tax
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38675
Differential Pricing
Surrogate Values
Billing Adjustments
Reconstruction of Control Numbers
Rescission of Review in Part
Recommendation
[FR Doc. 2016–14047 Filed 6–13–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD776
Endangered Species; File No. 19281
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permit.
AGENCY:
Notice is hereby given that Dr.
Isaac Wirgin, New York University
School of Medicine, Department of
Environmental Medicine, 57 Old Forge
Road, Tuxedo, NY 10987, has been
issued a permit to import and take early
life stages of endangered, captive
shortnose sturgeon (Acipenser
brevirostrum) for purposes of scientific
research.
ADDRESSES: The permit and related
documents are available for review
upon written request or by appointment
in the Permits and Conservation
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301) 427–8401; fax (301) 713–0376.
FOR FURTHER INFORMATION CONTACT:
´
Malcolm Mohead or Rosa L. Gonzalez,
(301) 427–8401.
SUPPLEMENTARY INFORMATION: On May
18, 2015, notice was published in the
Federal Register (80 FR 28236) of a
request for a permit to import and
conduct research on shortnose sturgeon
early life stages had been submitted by
the above-named applicant. The
requested permit has been issued under
the authority of the Endangered Species
Act of 1973, as amended (ESA; 16
U.S.C. 1531 et seq.) and the regulations
governing the taking, importing, and
exporting of endangered and threatened
species (50 CFR parts 222–226).
In directed studies with endangered
shortnose sturgeon early life stages,
researchers will define the toxicities of
varying concentrations of industrial
contaminants, such as polychlorinated
biphenyl (PCB) and Dioxin (2,3,7,8TCDD). Shortnose sturgeon fertilized
embryos are authorized to be imported
by CITES I permit from the Acadian
Sturgeon and Caviar, Inc., New
SUMMARY:
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]]>Agencies
[Federal Register Volume 81, Number 114 (Tuesday, June 14, 2016)]
[Notices]
[Pages 38673-38675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14047]
-----------------------------------------------------------------------
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; 2013-
2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 4, 2015, 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, 2013, through October
31, 2014. 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 14, 2016
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, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-5760 and (202) 482-
3683, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 4, 2015, 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. As explained in the memorandum
from the Acting Assistant Secretary for Enforcement and Compliance, the
Department exercised its discretion to toll all administrative
deadlines due to a closure of the Federal Government. All deadlines in
this segment of the proceeding have been extended by four business
days. The revised deadline for the final results of this review moved
to April 8, 2016.\2\ Subsequently, we fully extended the time for
completing the final results of this administrative review to June 7,
2016.\3\ At the request of interested parties, we held a hearing on
April 20, 2016. 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; 2013-2014, 80 FR 75854 (December 4, 2015)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum for the Record from Acting Assistant
Secretary Ron Lorenzen entitled ``Tolling of Administrative
Deadlines as a Result of the Government Closure during Snowstorm
`Jonas''' dated January 27, 2016.
\3\ See 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 March 23, 2016,
and Memorandum to Deputy Assistant Secretary Christian Marsh
entitled ``Diamond Sawblades and Parts Thereof from the People's
Republic of China: Full Extension of Deadline for Final Results of
Antidumping Duty Administrative Review'' dated May 18, 2016.
---------------------------------------------------------------------------
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.\4\ The written description is dispositive.
---------------------------------------------------------------------------
\4\ See Memorandum from Deputy Assistant Secretary Christian
Marsh to Assistant Secretary Paul Piquado 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 7, 2016, (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 B8024 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 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., which have been eligible for separate rates in previous segments
of the proceeding and are subject to this review, did not have any
reviewable entries of subject merchandise during the POR.\5\ After the
Preliminary Results,
[[Page 38674]]
we received no comments or additional information with respect to these
six companies. Therefore, for the final results, we continue to find
that these six companies did not have any reviewable entries of subject
merchandise during the POR. Consistent with our practice, we will issue
appropriate instructions to U.S. Customs and Border Protection (CBP)
based on our final results.
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\5\ See Preliminary Results, and accompanying Preliminary
Decision Memorandum at 3-4.
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Final Affiliation and Single Entity Determination
For the final results, we continue to 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 Act. Additionally, under 19 CFR
351.401(f)(1)-(2), we continue to find that these companies should be
considered a single entity (collectively known as the Jiangsu Fengtai
Single Entity).\6\
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\6\ See Preliminary Results, and accompanying Preliminary
Decision Memorandum at 4-6 for more details.
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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. Moreover, on May 11, 2016, in Diamond
Sawblades Manufacturers' Coalition v. United States, Court No. 13-
00168, the Court of International Trade affirmed a remand
redetermination in which the Department determined it appropriate to
reinstate the antidumping duty order on diamond sawblades from the PRC,
in part, with respect to certain parts of the ATM Single Entity for
which the Department previously had revoked the order, in part.\7\
Accordingly, the Department reinstated the order on diamond sawblades
from the PRC, in part, with respect to these companies.\8\ As a result,
all companies that the Department has found to constitute the ATM
Single Entity are subject to this administrative review.\9\
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\7\ The ATM Single Entity is comprised of 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. Concerning partial revocation of the antidumping duty
order on diamond sawblades from the PRC, see Certain Frozen
Warmwater Shrimp From the People's Republic of China and Diamond
Sawblades and Parts Thereof From the People's Republic of China:
Notice of Implementation of Determinations Under Section 129 of the
Uruguay Round Agreements Act and Partial Revocation of the
Antidumping Duty Orders, 78 FR 18958 (March 28, 2013); Diamond
Sawblades Manufacturer's Coalition v. United States, Consol. Court
No. 13-00168, Slip Op. 16-48 (CIT May 11, 2016).
\8\ See Diamond Sawblades And Parts Thereof from the People's
Republic of China: Notice of Court Decision Not in Harmony With
Final Determination Under Section 129 of the Uruguay Round
Agreements Act and Reinstatement of Order, In Part, 81 FR 36519
(June 7, 2016).
\9\ Id. To the extent they do not demonstrate eligibility for a
separate rate and no party has requested a review of the PRC-wide
entity, there is no conditional review of the PRC-wide entity. 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), and
Preliminary Results, 80 FR at 75854.
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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, 2013, through October 31, 2014:
------------------------------------------------------------------------
Margin
Company (percent)
------------------------------------------------------------------------
Bosun Tools Co., Ltd........................................ 29.76
Chengdu Huifeng Diamond Tools Co., Ltd...................... 29.76
Danyang Huachang Diamond Tools Manufacturing Co., Ltd....... 29.76
Danyang NYCL Tools Manufacturing Co., Ltd................... 29.76
Danyang Weiwang Tools Manufacturing Co., Ltd................ 29.76
Guilin Tebon Superhard Material Co., Ltd.................... 29.76
Hangzhou Deer King Industrial and Trading Co., Ltd.......... 29.76
Hong Kong Hao Xin International Group Limited............... 29.76
Huzhou Gu's Import & Export Co., Ltd........................ 29.76
Jiangsu Fengtai Single Entity \10\.......................... 61.48
Jiangsu Huachang Tools Manufacturing Co., Ltd............... 29.76
Jiangsu Inter-China Group Corporation \11\.................. 29.76
Jiangsu Youhe Tool Manufacturer Co., Ltd.................... 29.76
Orient Gain International Limited........................... 29.76
Pantos Logistics (HK) Company Limited....................... 29.76
Qingyuan Shangtai Diamond Tools Co., Ltd.................... 29.76
Quanzhou Zhongzhi Diamond Tool Co., Ltd..................... 29.76
Rizhao Hein Saw Co., Ltd.................................... 29.76
Saint-Gobain Abrasives (Shanghai) Co., Ltd.................. 29.76
Shanghai Jingquan Industrial Trade Co., Ltd................. 29.76
Weihai Xiangguang Mechanical Industrial Co., Ltd............ 21.67
Wuhan Wanbang Laser Diamond Tools Co........................ 29.76
Xiamen ZL Diamond Technology Co., Ltd....................... 29.76
Zhejiang Wanli Tools Group Co., Ltd......................... 29.76
------------------------------------------------------------------------
Assessment
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries covered by this review.\12\ For
customers or importers of the Jiangsu Fengtai Single Entity and 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.\13\ For a
customer or importer of Weihai for which we received entered-value
information, we have calculated a customer/importer-specific
antidumping duty assessment rate based on customer-/importer-specific
ad valorem rates in accordance with 19 CFR 351.212(b)(1).
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\10\ For the final results, we continue to treat Jiangsu Fengtai
Diamond Tool Manufacture Co., Ltd., Jiangsu Fengtai Tools Co., Ltd.,
and Jiangsu Sawing Co., Ltd., as a single entity. See Preliminary
Results, 80 FR at 75854-55, and accompanying Preliminary Decision
Memorandum at 4-6 for details.
\11\ See Preliminary Results, 80 FR at 75855 n.15 for the name
variation of this company.
\12\ See 19 CFR 351.212(b)(1).
\13\ 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 29.76
percent \14\ to all entries of subject merchandise that entered the
United States during the POR. For all other companies, with the
exception of the ATM Single Entity, 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.\15\
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\14\ See Issues and Decision Memorandum at 5-6.
\15\ 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. Additionally, 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.) is part of the
PRC-wide entity. See Issues and Decision Memorandum at 7 and 8 for
more information concerning the ATM Single Entity as part of the
PRC-wide entity and the effect of the Department's remand
redetermination in Diamond Sawblades Manufacturer's Coalition v.
United States, Consol. Court No. 13-00168, Slip Op. 16-48 (CIT May
11, 2016), which implicates entries of diamond sawblades from the
PRC from the ATM Single Entity. A preliminary injunction issued by
the Court of International Trade in Diamond Sawblades Manufacturers'
Coalition v. United States, Court No. 13-00168, currently enjoins us
from lifting suspension of liquidation for entries of subject
merchandise produced and/or exported by the ATM Single Entity to the
extent that such entries were made on or after March 22, 2013. See
CBP Message Number 5238306 dated August 26, 2015, which is available
at https://adcvd.cbp.dhs.gov/adcvdweb/ad_cvd_msgs/20287.
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[[Page 38675]]
For entries that were not reported in the U.S. sales databases
submitted by an exporter individually examined during this review, the
Department will instruct CBP to liquidate such entries at the PRC-wide
rate. In addition, for the six companies 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 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; (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
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 7, 2016.
Paul Piquado,
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
Differential Pricing
ATM Single Entity
Discussion of the Issues
Respondent Selection
Value-Added Tax
Differential Pricing
Surrogate Values
Billing Adjustments
Reconstruction of Control Numbers
Rescission of Review in Part
Recommendation
[FR Doc. 2016-14047 Filed 6-13-16; 8:45 am]
BILLING CODE 3510-DS-P
