Diamond Sawblades and Parts Thereof From the People's Republic of China: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 51605-51607 [2017-24183]
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Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Notices
We are issuing and publishing these
results and notice in accordance with
sections 751(c), 752(c), and 777(i)(1) of
the Act and 19 CFR 351.218.
transformers, and power rectifier
transformers.
The LPTs subject to this order are
currently classifiable under subheadings
8504.23.0040, 8504.23.0080 and
8504.90.9540 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of this order is dispositive.
Dated: October 31, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Analysis of Comments Received
Appendix
All issues raised in this review,
including the likelihood of continuation
or recurrence of dumping in the event
of revocation and the magnitude of the
margins likely to prevail if the order
were revoked, are addressed in the
accompanying Issues and Decision
Memorandum, which is hereby adopted
by this notice. 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 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 Issues and
Decision Memorandum can be accessed
directly on the Internet at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
the electronic version of the Issues and
Decision Memorandum are identical in
content.
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of the Margins Likely to
Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
Final Results of Sunset Review
AGENCY:
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, we
determine that revocation of the
antidumping duty order on LPTs from
Korea would be likely to lead to
continuation or recurrence of dumping,
and that the magnitude of the dumping
margins likely to prevail would be
weighted-average dumping margins up
to 29.04 percent.
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Notification to Interested Parties
This notice serves as the only
reminder to parties subject to an
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.
Timely 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 violation which is subject to
sanction.
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[FR Doc. 2017–24187 Filed 11–6–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–900]
Diamond Sawblades and Parts Thereof
From the People’s Republic of China:
Initiation and Preliminary Results of
Antidumping Duty Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
is simultaneously initiating and issuing
the preliminary results of a changed
circumstances review of the
antidumping duty order on diamond
sawblades and parts thereof from the
People’s Republic of China to determine
whether Chengdu Huifeng New Material
Technology Co., Ltd. is the successor-ininterest to Chengdu Huifeng Diamond
Tools Co., Ltd. Based on the information
on the record, we preliminarily
determine that Chengdu Huifeng New
Material Technology Co., Ltd. is the
successor-in-interest to Chengdu
Huifeng Diamond Tools Co., Ltd. for
purposes of determining antidumping
duty liability. We invite interested
parties to comment on these preliminary
results.
DATES: Applicable November 7, 2017.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun, AD/CVD Operations,
Office I, Enforcement and Compliance,
PO 00000
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51605
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–5760.
SUPPLEMENTARY INFORMATION:
Background
The Department published the
antidumping duty order on diamond
sawblades and parts thereof from the
People’s Republic of China on
November 4, 2009.1 In its September 20,
2017, request for a changed
circumstances review, Chengdu Huifeng
New Material Technology Co., Ltd.,
informed the Department that, effective
August 16, 2016, Chengdu Huifeng
Diamond Tools Co., Ltd. (1) changed its
legal status from a limited liability
company to a joint-stock limited
company and (2) changed its name to
Chengdu Huifeng New Material
Technology Co., Ltd.2 Chengdu Huifeng
Diamond Tools Co., Ltd., is a
respondent in the ongoing
administrative review of the same order
covering the period November 1, 2015,
through October 31, 2016.3 Pursuant to
section 751(b) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR
351.216(c) and 19 CFR 351.221(c)(3),
Chengdu Huifeng New Material
Technology Co., Ltd. requested that the
Department initiate an expedited
changed circumstances review and
determine that Chengdu Huifeng New
Material Technology Co., Ltd. is the
successor-in-interest to Chengdu
Huifeng Diamond Tools Co., Ltd.
Scope of the Order
The products covered by the order are
all finished circular sawblades, whether
slotted or not, with a working part that
is comprised of a diamond segment or
segments, and parts thereof, regardless
of specification or size, except as
specifically excluded below. Within the
scope of the order are semifinished
diamond sawblades, including diamond
sawblade cores and diamond sawblade
segments. Diamond sawblade cores are
circular steel plates, whether or not
attached to non-steel plates, with slots.
Diamond sawblade cores are
manufactured principally, but not
exclusively, from alloy steel. A diamond
sawblade segment consists of a mixture
of diamonds (whether natural or
1 See Diamond Sawblades and Parts Thereof from
the People’s Republic of China and the Republic of
Korea: Antidumping Duty Orders, 74 FR 57145
(November 4, 2009).
2 See Chengdu Huifeng New Material Technology
Co., Ltd.’s request for a changed circumstances
review dated September 20, 2017 (CCR Request).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
4294 (January 13, 2017) (Initiation Notice).
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Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Notices
synthetic, and regardless of the quantity
of diamonds) and metal powders
(including, but not limited to, iron,
cobalt, nickel, tungsten carbide) that are
formed together into a solid shape (from
generally, but not limited to, a heating
and pressing process).
Sawblades with diamonds directly
attached to the core with a resin or
electroplated bond, which thereby do
not contain a diamond segment, are not
included within the scope of the order.
Diamond sawblades and/or sawblade
cores with a thickness of less than 0.025
inches, or with a thickness greater than
1.1 inches, are excluded from the scope
of the order. Circular steel plates that
have a cutting edge of non-diamond
material, such as external teeth that
protrude from the outer diameter of the
plate, whether or not finished, are
excluded from the scope of the order.
Diamond sawblade cores with a
Rockwell C hardness of less than 25 are
excluded from the scope of the order.
Diamond sawblades and/or diamond
segment(s) with diamonds that
predominantly have a mesh size number
greater than 240 (such as 250 or 260) are
excluded from the scope of the order.
Merchandise subject to the order is
typically imported under heading
8202.39.00.00 of the Harmonized Tariff
Schedule of the United States (HTSUS).
When packaged together as a set for
retail sale with an item that is separately
classified under headings 8202 to 8205
of the HTSUS, diamond sawblades or
parts thereof may be imported under
heading 8206.00.00.00 of the HTSUS.
On October 11, 2011, the Department
included the 6804.21.00.00 HTSUS
classification number to the customs
case reference file, pursuant to a request
by U.S. Customs and Border Protection
(CBP).4 The tariff classification is
provided for convenience and customs
purposes; however, the written
description of the scope of the order is
dispositive.
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Initiation of Changed Circumstances
Review
Pursuant to section 751(b)(1) of the
Act and 19 CFR 351.216(d), the
Department will conduct a changed
circumstances review upon receipt of a
request from an interested party or
receipt of information concerning an
antidumping duty order which shows
changed circumstances sufficient to
warrant a review of the order. In the
past, the Department has used changed
circumstances reviews to address the
4 See Diamond Sawblades and Parts Thereof from
the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review, 76 FR
76128, 76130 (December 6, 2011).
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applicability of cash deposit rates after
there have been changes in the name or
structure of a respondent, such as a
merger or spinoff (‘‘successor-ininterest,’’ or ‘‘successorship,’’
determinations).5 Based on the request
from Chengdu Huifeng New Material
Technology Co., Ltd., and in accordance
with section 751(b)(1) of Act and 19
CFR 351.216(b), we are initiating a
changed circumstances review to
determine whether Chengdu Huifeng
New Material Technology Co., Ltd. is
the successor-in-interest to Chengdu
Huifeng Diamond Tools Co., Ltd. for
purposes of antidumping duty liability.
Preliminary Results of Changed
Circumstances Review
If we conclude that an expedited
action is warranted, we may combine
the notices of initiation and preliminary
results of a changed circumstances
review under 19 CFR 351.221(c)(3)(ii).
The Department has combined the
notice of initiation and preliminary
results in successor-in-interest cases
when sufficient documentation has been
provided supporting the request to make
a preliminary determination.6 In this
instance, we have on the record the
information necessary to make a
preliminary finding. Thus, we find that
expedited action is warranted and have
combined the notices of initiation and
preliminary results pursuant to 19 CFR
351.221(c)(3)(ii).
In making a successor-in-interest
determination for purposes of
antidumping duty liability, the
Department examines several factors
including, but not limited to, changes in
management, production facilities,
supplier relationships, and customer
base.7 While no single factor or
combination of these factors will
necessarily provide a dispositive
5 See, e.g., Crystalline Silicon Photovoltaic Celols,
Whether or Not Assembled Into Modules, from the
People’s Republic of China: Final Results of
Changed Circumstances Review, 81 FR 91909
(December 19, 2016).
6 See, e.g., Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review:
Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled Into Modules, from the People’s
Republic of China, 81 FR 76561 (November 3,
2016).
7 See, e.g., Pressure Sensitive Plastic Tape from
Italy: Preliminary Results of Antidumping Duty
Changed Circumstances Review, 75 FR 8925
(February 26, 2010), unchanged in Pressure
Sensitive Plastic Tape from Italy: Final Results of
Antidumping Duty Changed Circumstances Review,
75 FR 27706 (May 18, 2010); and Brake Rotors from
the People’s Republic of China: Final Results of
Changed Circumstances Antidumping Duty
Administrative Review, 70 FR 69941 (November 18,
2005) (Brake Rotors), citing Brass Sheet and Strip
from Canada; Final Results of Antidumping Duty
Administrative Review, 57 FR 20460 (May 13,
1992).
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indication of a successor-in-interest
relationship, the Department will
generally consider the new company to
be the successor to the previous
company if the new company’s
operations are not materially dissimilar
to those of its predecessor.8 Thus, if the
evidence demonstrates that, with
respect to the production and sales of
the subject merchandise, the new
company operates as essentially the
same business entity as the former
company, the Department will accord
the new company the same
antidumping treatment as its
predecessor.9
In its CCR Request and Supplemental
Response,10 Chengdu Huifeng New
Material Technology Co., Ltd. has
provided evidence for us to
preliminarily determine that it is the
successor-in-interest to Chengdu
Huifeng Diamond Tools Co., Ltd.
Chengdu Huifeng New Material
Technology Co., Ltd. states that its
management, production facilities, and
customer/supplier relationships have
not changed as a result of changes to the
legal status and name of the company.11
Chengdu Huifeng New Material
Technology Co., Ltd., provided
documents showing changes to the legal
status and name of the company.12
Further, Chengdu Huifeng New Material
Technology Co., Ltd., provided
documents demonstrating that its
production facilities and their location
and domestic and overseas customers
and suppliers were the same before and
after the changes to the company’s legal
status and name.13 Chengdu Huifeng
New Material Technology Co., Ltd. also
provided a list of members of the
management team and supporting
documentation indicating that Chengdu
Huifeng Diamond Tools Co., Ltd.’s
managers hold the same positions in
Chengdu Huifeng New Material
Technology Co., Ltd., as well as
documentation showing nominal
changes to the members of the board of
directors made as a result of internal
8 See,
e.g., Brake Rotors.
See also, e.g., Notice of Initiation and
Preliminary Results of Antidumping Duty Changed
Circumstances Review: Certain Frozen Warmwater
Shrimp from India, 77 FR 64953 (October 24, 2012),
unchanged in Final Results of Antidumping Duty
Changed Circumstances Review: Certain Frozen
Warmwater Shrimp from India, 77 FR 73619
(December 11, 2012).
10 See CCR Request and Chengdu Huifeng New
Material Technology Co., Ltd.’s supplemental
response dated October 10, 2017 (Supplemental
Response).
11 Id.
12 See, e.g., CCR Request at Exhibits 1, 2, 8, and
9.
13 See CCR Request at Exhibits 1 through 6, and
Supplemental Response at 1 and Exhibits S1–1, S1–
2, S1–3, and S1–5.
9 Id.
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Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Notices
shifts among existing management and
board members.14
Based on record evidence, we
preliminarily determine that Chengdu
Huifeng New Material Technology Co.,
Ltd. is the successor-in-interest to
Chengdu Huifeng Diamond Tools Co.,
Ltd. for purposes of antidumping duty
liability because the changes to the legal
status and name of the company
resulted in no significant changes to
management, production facilities,
supplier relationships, or customers. As
a result, we preliminarily determine that
Chengdu Huifeng New Material
Technology Co., Ltd. operates as
essentially the same business entity as
Chengdu Huifeng Diamond Tools Co.,
Ltd. Thus, we preliminarily determine
that Chengdu Huifeng New Material
Technology Co., Ltd. should receive the
same antidumping duty cash deposit
rate with respect to the subject
merchandise as Chengdu Huifeng
Diamond Tools Co., Ltd., its predecessor
company.
If these preliminary results are
adopted in our final results of this
changed circumstances review, effective
on the publication date of our final
results, we will instruct CBP to suspend
liquidation of entries of subject
merchandise exported by Chengdu
Huifeng New Material Technology Co.,
Ltd. at Chengdu Huifeng Diamond Tools
Co., Ltd.’s cash deposit rate.
Public Comment
Interested parties may submit case
briefs no later than 14 days after the
publication of this notice.15 Rebuttal
briefs, which must be limited to issues
raised in case briefs, may be filed not
later than five days after the deadline for
filing case briefs.16 Parties who submit
case briefs or rebuttal briefs in this
changed circumstance review are
requested to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities. Interested
parties that wish to request a hearing
must submit a written request to the
Assistant Secretary for Enforcement and
Compliance, filed electronically via
ACCESS, within 14 days of publication
of this notice.17 The hearing request
should contain: (1) The party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
the issues to be discussed. Oral
presentations at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230 in a room to be determined.
Parties will be notified of the time and
date of any hearing, if requested.18
All submissions, with limited
exceptions, must be filed electronically
using Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. An electronically-filed
document must be received successfully
in its entirety by no later than 5:00 p.m.
Eastern Time on the date the document
is due.
Notifications to Interested Parties
Consistent with 19 CFR 351.216(e),
we intend to issue the final results of
this changed circumstances review no
later than 270 days after the date on
which this review was initiated, or
within 45 days after the publication of
the preliminary results if all parties in
this review agree to our preliminary
results. The final results will include
the Department’s analysis of issues
raised in any written comments.
We are issuing and publishing this
initiation and preliminary results notice
in accordance with sections 751(b)(1)
and 777(i)(1) of the Act, 19 CFR
351.216(b) and (d), and 19 CFR
351.221(c)(3).
Dated: November 1, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2017–24183 Filed 11–6–17; 8:45 am]
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14 See
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. . . preliminary results of review, unless the
Secretary alters this time limit. . . .’’) (Emphasis
added). See also 19 CFR 351.303 for general filing
requirements.
18 See 19 CFR 351.310.
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–904]
Certain Activated Carbon From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; 2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 5, 2017 the
Department of Commerce (the
Department) published the preliminary
results of the 9th administrative review
of the antidumping duty order on
certain activated carbon from the
People’s Republic of China (PRC). We
gave interested parties an opportunity to
comment on the preliminary results.
Based on our analysis of the comments
received, we made changes to the
margin calculations for these final
results of the antidumping duty
administrative review. The final
weighted-average dumping margins are
listed below in the ‘‘Final Results of the
Review’’ section of this notice. The
period of review (POR) is April 1, 2015,
through March 31, 2016. The two
mandatory respondents in this
administrative review are Jacobi
Carbons AB (Jacobi) and Datong Juqiang
Activated Carbon Co. Ltd. (Datong
Juqiang).
AGENCY:
DATES:
Applicable November 7, 2017.
FOR FURTHER INFORMATION CONTACT:
Robert Palmer or John Anwesen, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–9068, or (202) 482–0131,
respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the
Preliminary Results 1 on May 5, 2017.
For events subsequent to the
Preliminary Results, see the
Department’s Issues and Decision
BILLING CODE 3510–DS–P
CCR Request at Exhibit 3, 7, and 8, and
Supplemental Response at Exhibit S1–4.
15 See 19 CFR 351.309(c)(1)(ii). (‘‘Any interested
party may submit a ‘case brief ’ within . . . 30 days
after the date of publication of the preliminary
results of {a changed circumstances} review, unless
the Secretary alters the time limit. . . .’’)
(Emphasis added).
16 See 19 CFR 351.309(d).
17 See 19 CFR 351.310(c) (‘‘Any interested party
may request that the Secretary hold a public hearing
on arguments to be raised in case or rebuttal briefs
within 30 days after the date of publication of the
51607
Sfmt 4703
1 See Certain Activated Carbon from the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review; 2015–
2016, 82 FR 21195 (May 5, 2017), and
accompanying Preliminary Decision Memorandum
(Preliminary Results).
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Agencies
[Federal Register Volume 82, Number 214 (Tuesday, November 7, 2017)]
[Notices]
[Pages 51605-51607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24183]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-900]
Diamond Sawblades and Parts Thereof From the People's Republic of
China: Initiation and Preliminary Results of Antidumping Duty Changed
Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce is simultaneously initiating and
issuing the preliminary results of a changed circumstances review of
the antidumping duty order on diamond sawblades and parts thereof from
the People's Republic of China to determine whether Chengdu Huifeng New
Material Technology Co., Ltd. is the successor-in-interest to Chengdu
Huifeng Diamond Tools Co., Ltd. Based on the information on the record,
we preliminarily determine that Chengdu Huifeng New Material Technology
Co., Ltd. is the successor-in-interest to Chengdu Huifeng Diamond Tools
Co., Ltd. for purposes of determining antidumping duty liability. We
invite interested parties to comment on these preliminary results.
DATES: Applicable November 7, 2017.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun, 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.
SUPPLEMENTARY INFORMATION:
Background
The Department published the antidumping duty order on diamond
sawblades and parts thereof from the People's Republic of China on
November 4, 2009.\1\ In its September 20, 2017, request for a changed
circumstances review, Chengdu Huifeng New Material Technology Co.,
Ltd., informed the Department that, effective August 16, 2016, Chengdu
Huifeng Diamond Tools Co., Ltd. (1) changed its legal status from a
limited liability company to a joint-stock limited company and (2)
changed its name to Chengdu Huifeng New Material Technology Co.,
Ltd.\2\ Chengdu Huifeng Diamond Tools Co., Ltd., is a respondent in the
ongoing administrative review of the same order covering the period
November 1, 2015, through October 31, 2016.\3\ Pursuant to section
751(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR
351.216(c) and 19 CFR 351.221(c)(3), Chengdu Huifeng New Material
Technology Co., Ltd. requested that the Department initiate an
expedited changed circumstances review and determine that Chengdu
Huifeng New Material Technology Co., Ltd. is the successor-in-interest
to Chengdu Huifeng Diamond Tools Co., Ltd.
---------------------------------------------------------------------------
\1\ See Diamond Sawblades and Parts Thereof from the People's
Republic of China and the Republic of Korea: Antidumping Duty
Orders, 74 FR 57145 (November 4, 2009).
\2\ See Chengdu Huifeng New Material Technology Co., Ltd.'s
request for a changed circumstances review dated September 20, 2017
(CCR Request).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 4294 (January 13, 2017) (Initiation
Notice).
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Scope of the Order
The products covered by the order are all finished circular
sawblades, whether slotted or not, with a working part that is
comprised of a diamond segment or segments, and parts thereof,
regardless of specification or size, except as specifically excluded
below. Within the scope of the order are semifinished diamond
sawblades, including diamond sawblade cores and diamond sawblade
segments. Diamond sawblade cores are circular steel plates, whether or
not attached to non-steel plates, with slots. Diamond sawblade cores
are manufactured principally, but not exclusively, from alloy steel. A
diamond sawblade segment consists of a mixture of diamonds (whether
natural or
[[Page 51606]]
synthetic, and regardless of the quantity of diamonds) and metal
powders (including, but not limited to, iron, cobalt, nickel, tungsten
carbide) that are formed together into a solid shape (from generally,
but not limited to, a heating and pressing process).
Sawblades with diamonds directly attached to the core with a resin
or electroplated bond, which thereby do not contain a diamond segment,
are not included within the scope of the order. Diamond sawblades and/
or sawblade cores with a thickness of less than 0.025 inches, or with a
thickness greater than 1.1 inches, are excluded from the scope of the
order. Circular steel plates that have a cutting edge of non-diamond
material, such as external teeth that protrude from the outer diameter
of the plate, whether or not finished, are excluded from the scope of
the order. Diamond sawblade cores with a Rockwell C hardness of less
than 25 are excluded from the scope of the order. Diamond sawblades
and/or diamond segment(s) with diamonds that predominantly have a mesh
size number greater than 240 (such as 250 or 260) are excluded from the
scope of the order. Merchandise subject to the order is typically
imported under heading 8202.39.00.00 of the Harmonized Tariff Schedule
of the United States (HTSUS). When packaged together as a set for
retail sale with an item that is separately classified under headings
8202 to 8205 of the HTSUS, diamond sawblades or parts thereof may be
imported under heading 8206.00.00.00 of the HTSUS. On October 11, 2011,
the Department included the 6804.21.00.00 HTSUS classification number
to the customs case reference file, pursuant to a request by U.S.
Customs and Border Protection (CBP).\4\ The tariff classification is
provided for convenience and customs purposes; however, the written
description of the scope of the order is dispositive.
---------------------------------------------------------------------------
\4\ See Diamond Sawblades and Parts Thereof from the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative
Review, 76 FR 76128, 76130 (December 6, 2011).
---------------------------------------------------------------------------
Initiation of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), the
Department will conduct a changed circumstances review upon receipt of
a request from an interested party or receipt of information concerning
an antidumping duty order which shows changed circumstances sufficient
to warrant a review of the order. In the past, the Department has used
changed circumstances reviews to address the applicability of cash
deposit rates after there have been changes in the name or structure of
a respondent, such as a merger or spinoff (``successor-in-interest,''
or ``successorship,'' determinations).\5\ Based on the request from
Chengdu Huifeng New Material Technology Co., Ltd., and in accordance
with section 751(b)(1) of Act and 19 CFR 351.216(b), we are initiating
a changed circumstances review to determine whether Chengdu Huifeng New
Material Technology Co., Ltd. is the successor-in-interest to Chengdu
Huifeng Diamond Tools Co., Ltd. for purposes of antidumping duty
liability.
---------------------------------------------------------------------------
\5\ See, e.g., Crystalline Silicon Photovoltaic Celols, Whether
or Not Assembled Into Modules, from the People's Republic of China:
Final Results of Changed Circumstances Review, 81 FR 91909 (December
19, 2016).
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Preliminary Results of Changed Circumstances Review
If we conclude that an expedited action is warranted, we may
combine the notices of initiation and preliminary results of a changed
circumstances review under 19 CFR 351.221(c)(3)(ii). The Department has
combined the notice of initiation and preliminary results in successor-
in-interest cases when sufficient documentation has been provided
supporting the request to make a preliminary determination.\6\ In this
instance, we have on the record the information necessary to make a
preliminary finding. Thus, we find that expedited action is warranted
and have combined the notices of initiation and preliminary results
pursuant to 19 CFR 351.221(c)(3)(ii).
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\6\ See, e.g., Initiation and Preliminary Results of Antidumping
Duty Changed Circumstances Review: Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled Into Modules, from the People's
Republic of China, 81 FR 76561 (November 3, 2016).
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In making a successor-in-interest determination for purposes of
antidumping duty liability, the Department examines several factors
including, but not limited to, changes in management, production
facilities, supplier relationships, and customer base.\7\ While no
single factor or combination of these factors will necessarily provide
a dispositive indication of a successor-in-interest relationship, the
Department will generally consider the new company to be the successor
to the previous company if the new company's operations are not
materially dissimilar to those of its predecessor.\8\ Thus, if the
evidence demonstrates that, with respect to the production and sales of
the subject merchandise, the new company operates as essentially the
same business entity as the former company, the Department will accord
the new company the same antidumping treatment as its predecessor.\9\
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\7\ See, e.g., Pressure Sensitive Plastic Tape from Italy:
Preliminary Results of Antidumping Duty Changed Circumstances
Review, 75 FR 8925 (February 26, 2010), unchanged in Pressure
Sensitive Plastic Tape from Italy: Final Results of Antidumping Duty
Changed Circumstances Review, 75 FR 27706 (May 18, 2010); and Brake
Rotors from the People's Republic of China: Final Results of Changed
Circumstances Antidumping Duty Administrative Review, 70 FR 69941
(November 18, 2005) (Brake Rotors), citing Brass Sheet and Strip
from Canada; Final Results of Antidumping Duty Administrative
Review, 57 FR 20460 (May 13, 1992).
\8\ See, e.g., Brake Rotors.
\9\ Id. See also, e.g., Notice of Initiation and Preliminary
Results of Antidumping Duty Changed Circumstances Review: Certain
Frozen Warmwater Shrimp from India, 77 FR 64953 (October 24, 2012),
unchanged in Final Results of Antidumping Duty Changed Circumstances
Review: Certain Frozen Warmwater Shrimp from India, 77 FR 73619
(December 11, 2012).
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In its CCR Request and Supplemental Response,\10\ Chengdu Huifeng
New Material Technology Co., Ltd. has provided evidence for us to
preliminarily determine that it is the successor-in-interest to Chengdu
Huifeng Diamond Tools Co., Ltd. Chengdu Huifeng New Material Technology
Co., Ltd. states that its management, production facilities, and
customer/supplier relationships have not changed as a result of changes
to the legal status and name of the company.\11\ Chengdu Huifeng New
Material Technology Co., Ltd., provided documents showing changes to
the legal status and name of the company.\12\ Further, Chengdu Huifeng
New Material Technology Co., Ltd., provided documents demonstrating
that its production facilities and their location and domestic and
overseas customers and suppliers were the same before and after the
changes to the company's legal status and name.\13\ Chengdu Huifeng New
Material Technology Co., Ltd. also provided a list of members of the
management team and supporting documentation indicating that Chengdu
Huifeng Diamond Tools Co., Ltd.'s managers hold the same positions in
Chengdu Huifeng New Material Technology Co., Ltd., as well as
documentation showing nominal changes to the members of the board of
directors made as a result of internal
[[Page 51607]]
shifts among existing management and board members.\14\
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\10\ See CCR Request and Chengdu Huifeng New Material Technology
Co., Ltd.'s supplemental response dated October 10, 2017
(Supplemental Response).
\11\ Id.
\12\ See, e.g., CCR Request at Exhibits 1, 2, 8, and 9.
\13\ See CCR Request at Exhibits 1 through 6, and Supplemental
Response at 1 and Exhibits S1-1, S1-2, S1-3, and S1-5.
\14\ See CCR Request at Exhibit 3, 7, and 8, and Supplemental
Response at Exhibit S1-4.
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Based on record evidence, we preliminarily determine that Chengdu
Huifeng New Material Technology Co., Ltd. is the successor-in-interest
to Chengdu Huifeng Diamond Tools Co., Ltd. for purposes of antidumping
duty liability because the changes to the legal status and name of the
company resulted in no significant changes to management, production
facilities, supplier relationships, or customers. As a result, we
preliminarily determine that Chengdu Huifeng New Material Technology
Co., Ltd. operates as essentially the same business entity as Chengdu
Huifeng Diamond Tools Co., Ltd. Thus, we preliminarily determine that
Chengdu Huifeng New Material Technology Co., Ltd. should receive the
same antidumping duty cash deposit rate with respect to the subject
merchandise as Chengdu Huifeng Diamond Tools Co., Ltd., its predecessor
company.
If these preliminary results are adopted in our final results of
this changed circumstances review, effective on the publication date of
our final results, we will instruct CBP to suspend liquidation of
entries of subject merchandise exported by Chengdu Huifeng New Material
Technology Co., Ltd. at Chengdu Huifeng Diamond Tools Co., Ltd.'s cash
deposit rate.
Public Comment
Interested parties may submit case briefs no later than 14 days
after the publication of this notice.\15\ Rebuttal briefs, which must
be limited to issues raised in case briefs, may be filed not later than
five days after the deadline for filing case briefs.\16\ Parties who
submit case briefs or rebuttal briefs in this changed circumstance
review are requested to submit with each argument: (1) A statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities. Interested parties that wish to request a hearing must
submit a written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS, within 14 days of
publication of this notice.\17\ The hearing request should contain: (1)
The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, parties will be notified of
the time and date for the hearing to be held at the U.S. Department of
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230 in a room
to be determined. Parties will be notified of the time and date of any
hearing, if requested.\18\
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\15\ See 19 CFR 351.309(c)(1)(ii). (``Any interested party may
submit a `case brief ' within . . . 30 days after the date of
publication of the preliminary results of {a changed
circumstances{time} review, unless the Secretary alters the time
limit. . . .'') (Emphasis added).
\16\ See 19 CFR 351.309(d).
\17\ See 19 CFR 351.310(c) (``Any interested party may request
that the Secretary hold a public hearing on arguments to be raised
in case or rebuttal briefs within 30 days after the date of
publication of the . . . preliminary results of review, unless the
Secretary alters this time limit. . . .'') (Emphasis added). See
also 19 CFR 351.303 for general filing requirements.
\18\ See 19 CFR 351.310.
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All submissions, with limited exceptions, must be filed
electronically using Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. An
electronically-filed document must be received successfully in its
entirety by no later than 5:00 p.m. Eastern Time on the date the
document is due.
Notifications to Interested Parties
Consistent with 19 CFR 351.216(e), we intend to issue the final
results of this changed circumstances review no later than 270 days
after the date on which this review was initiated, or within 45 days
after the publication of the preliminary results if all parties in this
review agree to our preliminary results. The final results will include
the Department's analysis of issues raised in any written comments.
We are issuing and publishing this initiation and preliminary
results notice in accordance with sections 751(b)(1) and 777(i)(1) of
the Act, 19 CFR 351.216(b) and (d), and 19 CFR 351.221(c)(3).
Dated: November 1, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-24183 Filed 11-6-17; 8:45 am]
BILLING CODE 3510-DS-P