Diamond Sawblades and Parts Thereof From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016, 57585-57587 [2017-26297]
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Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices
with sections 751(a)(1) and 777(i) of the
Act and 19 CFR 351.221(b)(4).
Dated: November 30, 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.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rates for Respondents Not Selected for
Individual Examination
V. Discussion of the Methodology
(1) Comparisons to Normal Value
A. Determination of Comparison Method
B. Results of the Differential Pricing
Analysis
VI. Date of Sale
VII. Product Comparisons
VIII. Constructed Export Price
IX. Normal Value
A. Particular Market Situation
1. Background
2. Analysis
B. Comparison Market Viability
C. Affiliated Party Transactions and Arm’sLength Test
D. Level of Trade/CEP Offset
E. Overrun Sales
F. Cost of Production
1. Calculation of Cost of Production
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
G. Calculation of Normal Value Based on
Comparison Market Prices
X. Currency Conversion
XI. Recommendation
[FR Doc. 2017–26296 Filed 12–5–17; 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:
Preliminary Results of Antidumping
Duty Administrative Review; 2015–
2016
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, 2015, through
October 31, 2016. The Department has
preliminarily determined that certain
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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: Applicable December 6, 2017.
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.
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
Preliminary Determination of No
Shipments
Ten 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.2 We requested that CBP
report any information contrary to these
claims of no shipments.3 To date, we
have not received any contrary
information from either CBP in response
to our inquiry or any other sources that
nine of these companies had any
shipments of the subject merchandise
sold to the United States during the
1 See the Memorandum, ‘‘Diamond Sawblades
and Parts Thereof from the People’s Republic of
China: Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative
Review; 2015–2016,’’ dated concurrently with and
hereby adopted by this notice (Preliminary Decision
Memorandum).
2 See the February 6, 2017, no-shipment letters
from Danyang City Ou Di Ma Tools Co., Ltd.,
Danyang Like Tools Manufacturing Co., Ltd.,
Jiangsu Huachang Tools Manufacturing Co., Ltd.,
Orient Gain International Limited, Qingdao
Hyosung Diamond Tools Co., Ltd., and Sino Tools
Co., Ltd., the February 7, 2017, no-shipment letter
from Qingdao Shinhan Diamond Industrial Co.,
Ltd., the February 10, 2017, no-shipment letters
from Danyang Tsunda Diamond Tools Co., Ltd., and
Jiangsu Inter-China Group Corporation, and the
February 21, 2017, no-shipment letter from
Danyang Hantronic Import & Export Co., Ltd.
3 See CBP message numbers 7167307–7167315
and 7167318 dated June 16, 2017, available at
https://adcvd.cbp.dhs.gov/adcvdweb/.
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57585
POR.4 Further, consistent with our
practice, we find that it is not
appropriate to rescind the review with
respect to these companies but, rather,
to complete the review and issue
appropriate instructions to CBP based
on the final results of review.5
Separate Rates
The Department preliminarily
determines that 20 respondents are
eligible to receive separate rates in this
review.6
Separate Rates for Eligible NonSelected Respondents
In accordance with the U.S. Court of
Appeals for the Federal Circuit’s
decision in Albemarle Corp. v. United
States,7 we assigned to eligible nonselected respondents the separate rate
we assigned to Chengdu Huifeng
Diamond Tools Co., Ltd.8 and the
Jiangsu Fengtai Single Entity 9 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
4 See Preliminary Decision Memorandum at 3–4
for more explanation. See also the preliminary
separate rate denial memorandum for Qingdao
Hyosung Diamond Tools Co., Ltd., dated
concurrently with this notice for more details
containing business proprietary information.
5 See, e.g., Wooden Bedroom Furniture from the
People’s Republic of China: Final Results and Final
Rescission, In Part, of Administrative Review and
Final Results of New Shipper Review; 2013, 80 FR
34619 (June 17, 2015).
6 See Preliminary Decision Memorandum at 4–8,
for more details.
7 See Albemarle Corp. & Subsidiaries v. United
States, 821 F.3d 1345 (Fed. Cir. 2016).
8 In a separate changed-circumstances review, we
preliminarily found that Chengdu Huifeng New
Material Technology Co., Ltd. is the successor-ininterest to Chengdu Huifeng Diamond Tools Co.,
Ltd.. See Diamond Sawblades and Parts Thereof
from the People’s Republic of China: Initiation and
Preliminary Results of Antidumping Duty Changed
Circumstances Review, 82 FR 51605 (November 7,
2017).
9 Jiangsu Fengtai Diamond Tool Manufacture Co.,
Ltd., Jiangsu Fengtai Tools Co., Ltd., and Jiangsu
Fengtai Sawing Industry Co., Ltd., comprise the
Jiangsu Fengtai Single Entity. See Preliminary
Decision Memorandum at 2, n. 5.
10 See Preliminary Decision Memorandum at 8.
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).
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Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices
not subject to change (i.e., 82.05
percent).12 Aside from the no-shipments
and separate rate companies discussed
above, 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
Methodology
The Department conducted this
review in accordance with section
751(a)(1)(B) of the Act. Because the PRC
is a non-market economy within the
meaning of section 771(18) of the Act,
normal value was calculated in
accordance with section 773(c) of the
Act. For Chengdu Huifeng Diamond
Tools Co., Ltd., and the Jiangsu Fengtai
Single Entity, we assigned each a
margin based on adverse facts available
(AFA) pursuant to section 776(b) 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 .........................................................................................................................
Huzhou Gu’s Import & Export Co., Ltd ...............................................................................................................................................
Jiangsu Fengtai Single Entity ..............................................................................................................................................................
Jiangsu Youhe Tool Manufacturer Co., Ltd ........................................................................................................................................
Qingyuan Shangtai Diamond Tools Co., Ltd .......................................................................................................................................
Quanzhou Zhongzhi Diamond Tool Co., Ltd .......................................................................................................................................
Rizhao Hein Saw Co., Ltd ...................................................................................................................................................................
Saint-Gobain Abrasives (Shanghai) Co., Ltd ......................................................................................................................................
Shanghai Jingquan Industrial Trade Co., Ltd ......................................................................................................................................
Shanghai Starcraft Tools Company Limited ........................................................................................................................................
Weihai Xiangguang Mechanical Industrial Co., Ltd ............................................................................................................................
Wuhan Wanbang Laser Diamond Tools Co., Ltd 14 ...........................................................................................................................
Xiamen ZL Diamond Technology Co., Ltd ..........................................................................................................................................
Zhejiang Wanli Tools Group Co., Ltd ..................................................................................................................................................
82.05
82.05
82.05
82.05
82.05
82.05
82.05
82.05
82.05
82.05
82.05
82.05
82.05
82.05
82.05
82.05
82.05
82.05
82.05
82.05
Normally, the Department discloses to
interested parties the calculations
performed in connection with a
preliminary results of review within five
days after public announcement of the
preliminary results of review in
accordance with 19 CFR 351.224(b).
Because the Department preliminarily
applied AFA to both individually
examined respondents in this review in
accordance with section 776 of the Act,
there are no calculations to disclose.
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.15 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.16 Rebuttal briefs, limited to
issues raised in the case briefs, may be
filed no later than five days after the
cases briefs are filed.17
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.18
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
limited to those raised in the respective
case briefs. Unless extended, 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).
12 See, e.g., 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 of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
736, 737 (January 7, 2016) (‘‘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 PRCwide entity are ASHINE Diamond Tools Co., Ltd.,
Hangzhou Kingburg Import & Export Co., Ltd.,
Hebei XMF Tools Group Co., Ltd., Henan Huanghe
Whirlwind Co., Ltd., Henan Huanghe Whirlwind
International Co., Ltd., Hong Kong Hao Xin
International Group Limited, Pantos Logistics (HK)
Company Limited, and Pujiang Talent Diamond
Tools Co., Ltd.
14 Wuhan Wanbang Laser Diamond Tools Co.,
Ltd., is the successor-in-interest to Wuhan Wanbang
Laser Diamond Tools Co. See Diamond Sawblades
and Parts Thereof from the People’s Republic of
China: Final Results of Antidumping Duty Changed
Circumstances Review, 81 FR 20618 (April 8, 2016).
15 See 19 CFR 351.309(c).
16 See 19 CFR 351.309(c)(2).
17 See 19 CFR 351.309(d).
18 See 19 CFR 351.310(c).
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Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices
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.19 If the preliminary
results are unchanged for the final
results, we will instruct CBP to apply an
ad valorem assessment rate of 82.05
percent to all entries of subject
merchandise during the POR which
were exported by the aforementioned
companies. 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.20
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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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
19 See
19 CFR 351.212(b)(1).
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65695 (October 24, 2011).
20 See
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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, 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.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No
Shipments
V. Discussion of the Methodology
A. Non-Market Economy Country Status
B. Separate Rates
VI. Application of Facts Available and
Adverse Inferences
A. Use of Facts Available
B. Application of Facts Available With an
Adverse Inference
C. Selection of the AFA Rate
VII. Recommendation
[FR Doc. 2017–26297 Filed 12–5–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Advisory Committee on Earthquake
Hazards Reduction Meeting
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
The Advisory Committee on
Earthquake Hazards Reduction (ACEHR
or Committee), will meet on Monday,
March 12, 2018 from 8:30 a.m. to 5:00
p.m. Eastern Time and Tuesday, March
13, 2018, from 8:30 a.m. to 2:30 p.m.
Eastern Time. The primary purpose of
this meeting is to review the National
Earthquake Hazards Reduction Program
(NEHRP) agency updates on their latest
activities and receive the NEHRP agency
responses to the Committee’s 2017
Report on the Effectiveness of the
NEHRP. The agenda may change to
accommodate Committee business. The
SUMMARY:
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57587
final agenda and any meeting materials
will be posted on the NEHRP Web site
at https://nehrp.gov/.
DATES: The ACEHR will meet on
Monday, March 12, 2018, from 8:30 a.m.
until 5:00 p.m. Eastern Time. The
meeting will continue on Tuesday,
March 13, 2018, from 8:30 a.m. until
2:30 p.m. Eastern Time. The meeting
will be open to the public.
ADDRESSES: The meeting will be held in
the Heritage Room, Administration
Building, National Institute of Standards
and Technology (NIST), 100 Bureau
Drive, Gaithersburg, Maryland 20899.
Please note admittance instructions
under the SUPPLEMENTARY INFORMATION
section of this notice.
FOR FURTHER INFORMATION CONTACT: Tina
Faecke, Management and Program
Analyst, National Earthquake Hazards
Reduction Program, Engineering
Laboratory, NIST, 100 Bureau Drive,
Mail Stop 8604, Gaithersburg, Maryland
20899–8604. Ms. Faecke’s email address
is tina.faecke@nist.gov and her phone
number is (301) 975–5911.
SUPPLEMENTARY INFORMATION: The
Committee was established in
accordance with the requirements of
Section 103 of the NEHRP
Reauthorization Act of 2004 (Pub. L.
108–360). The Committee is composed
of 15 members appointed by the
Director of NIST, who were selected for
their established records of
distinguished service in their
professional community, their
knowledge of issues affecting NEHRP,
and to reflect the wide diversity of
technical disciplines, competencies, and
communities involved in earthquake
hazards reduction. In addition, the
Chairperson of the U.S. Geological
Survey Scientific Earthquake Studies
Advisory Committee serves as an exofficio member of the Committee. The
Committee assesses:
• Trends and developments in the
science and engineering of earthquake
hazards reduction;
• the effectiveness of NEHRP in
performing its statutory activities;
• any need to revise NEHRP; and
• the management, coordination,
implementation, and activities of
NEHRP.
Background information on NEHRP
and the Advisory Committee is available
at https://nehrp.gov/.
Pursuant to the Federal Advisory
Committee Act, as amended, 5 U.S.C.
App., notice is hereby given that the
ACEHR will hold an open meeting on
Monday, March 12, 2018 from 8:30 a.m.
to 5:00 p.m. Eastern Time and Tuesday,
March 13, 2018, from 8:30 a.m. to 2:30
p.m. Eastern Time. The meeting will be
E:\FR\FM\06DEN1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 233 (Wednesday, December 6, 2017)]
[Notices]
[Pages 57585-57587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26297]
-----------------------------------------------------------------------
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;
2015-2016
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,
2015, through October 31, 2016. 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: Applicable December 6, 2017.
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.
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, ``Diamond Sawblades and Parts Thereof
from the People's Republic of China: Decision Memorandum for
Preliminary Results of Antidumping Duty Administrative Review; 2015-
2016,'' dated concurrently with and hereby adopted by this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
Ten 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.\2\ We
requested that CBP report any information contrary to these claims of
no shipments.\3\ To date, we have not received any contrary information
from either CBP in response to our inquiry or any other sources that
nine of these companies had any shipments of the subject merchandise
sold to the United States during the POR.\4\ Further, consistent with
our practice, we find that it is not appropriate to rescind the review
with respect to these companies but, rather, to complete the review and
issue appropriate instructions to CBP based on the final results of
review.\5\
---------------------------------------------------------------------------
\2\ See the February 6, 2017, no-shipment letters from Danyang
City Ou Di Ma Tools Co., Ltd., Danyang Like Tools Manufacturing Co.,
Ltd., Jiangsu Huachang Tools Manufacturing Co., Ltd., Orient Gain
International Limited, Qingdao Hyosung Diamond Tools Co., Ltd., and
Sino Tools Co., Ltd., the February 7, 2017, no-shipment letter from
Qingdao Shinhan Diamond Industrial Co., Ltd., the February 10, 2017,
no-shipment letters from Danyang Tsunda Diamond Tools Co., Ltd., and
Jiangsu Inter-China Group Corporation, and the February 21, 2017,
no-shipment letter from Danyang Hantronic Import & Export Co., Ltd.
\3\ See CBP message numbers 7167307-7167315 and 7167318 dated
June 16, 2017, available at https://adcvd.cbp.dhs.gov/adcvdweb/.
\4\ See Preliminary Decision Memorandum at 3-4 for more
explanation. See also the preliminary separate rate denial
memorandum for Qingdao Hyosung Diamond Tools Co., Ltd., dated
concurrently with this notice for more details containing business
proprietary information.
\5\ See, e.g., Wooden Bedroom Furniture from the People's
Republic of China: Final Results and Final Rescission, In Part, of
Administrative Review and Final Results of New Shipper Review; 2013,
80 FR 34619 (June 17, 2015).
---------------------------------------------------------------------------
Separate Rates
The Department preliminarily determines that 20 respondents are
eligible to receive separate rates in this review.\6\
---------------------------------------------------------------------------
\6\ See Preliminary Decision Memorandum at 4-8, for more
details.
---------------------------------------------------------------------------
Separate Rates for Eligible Non-Selected Respondents
In accordance with the U.S. Court of Appeals for the Federal
Circuit's decision in Albemarle Corp. v. United States,\7\ we assigned
to eligible non-selected respondents the separate rate we assigned to
Chengdu Huifeng Diamond Tools Co., Ltd.\8\ and the Jiangsu Fengtai
Single Entity \9\ for the preliminary results of this review.\10\
---------------------------------------------------------------------------
\7\ See Albemarle Corp. & Subsidiaries v. United States, 821
F.3d 1345 (Fed. Cir. 2016).
\8\ In a separate changed-circumstances review, we preliminarily
found that Chengdu Huifeng New Material Technology Co., Ltd. is the
successor-in-interest to Chengdu Huifeng Diamond Tools Co., Ltd..
See Diamond Sawblades and Parts Thereof from the People's Republic
of China: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, 82 FR 51605 (November 7, 2017).
\9\ Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd., Jiangsu
Fengtai Tools Co., Ltd., and Jiangsu Fengtai Sawing Industry Co.,
Ltd., comprise the Jiangsu Fengtai Single Entity. See Preliminary
Decision Memorandum at 2, n. 5.
\10\ See Preliminary Decision Memorandum at 8.
---------------------------------------------------------------------------
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
[[Page 57586]]
not subject to change (i.e., 82.05 percent).\12\ Aside from the no-
shipments and separate rate companies discussed above, 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, e.g., 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 of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 736, 737 (January 7, 2016) (``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 ASHINE Diamond Tools Co., Ltd., Hangzhou Kingburg Import
& Export Co., Ltd., Hebei XMF Tools Group Co., Ltd., Henan Huanghe
Whirlwind Co., Ltd., Henan Huanghe Whirlwind International Co.,
Ltd., Hong Kong Hao Xin International Group Limited, Pantos
Logistics (HK) Company Limited, and Pujiang Talent Diamond Tools
Co., Ltd.
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Methodology
The Department conducted this review in accordance with section
751(a)(1)(B) of the Act. Because the PRC is a non-market economy within
the meaning of section 771(18) of the Act, normal value was calculated
in accordance with section 773(c) of the Act. For Chengdu Huifeng
Diamond Tools Co., Ltd., and the Jiangsu Fengtai Single Entity, we
assigned each a margin based on adverse facts available (AFA) pursuant
to section 776(b) 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.................................... 82.05
Chengdu Huifeng Diamond Tools Co., Ltd.................. 82.05
Danyang Huachang Diamond Tools Manufacturing Co., Ltd... 82.05
Danyang NYCL Tools Manufacturing Co., Ltd............... 82.05
Danyang Weiwang Tools Manufacturing Co., Ltd............ 82.05
Guilin Tebon Superhard Material Co., Ltd................ 82.05
Hangzhou Deer King Industrial and Trading Co., Ltd...... 82.05
Huzhou Gu's Import & Export Co., Ltd.................... 82.05
Jiangsu Fengtai Single Entity........................... 82.05
Jiangsu Youhe Tool Manufacturer Co., Ltd................ 82.05
Qingyuan Shangtai Diamond Tools Co., Ltd................ 82.05
Quanzhou Zhongzhi Diamond Tool Co., Ltd................. 82.05
Rizhao Hein Saw Co., Ltd................................ 82.05
Saint-Gobain Abrasives (Shanghai) Co., Ltd.............. 82.05
Shanghai Jingquan Industrial Trade Co., Ltd............. 82.05
Shanghai Starcraft Tools Company Limited................ 82.05
Weihai Xiangguang Mechanical Industrial Co., Ltd........ 82.05
Wuhan Wanbang Laser Diamond Tools Co., Ltd \14\......... 82.05
Xiamen ZL Diamond Technology Co., Ltd................... 82.05
Zhejiang Wanli Tools Group Co., Ltd..................... 82.05
------------------------------------------------------------------------
Disclosure and Public Comment
Normally, the Department discloses to interested parties the
calculations performed in connection with a preliminary results of
review within five days after public announcement of the preliminary
results of review in accordance with 19 CFR 351.224(b). Because the
Department preliminarily applied AFA to both individually examined
respondents in this review in accordance with section 776 of the Act,
there are no calculations to disclose. 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.\15\
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.\16\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than five days after the cases briefs are
filed.\17\
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\14\ Wuhan Wanbang Laser Diamond Tools Co., Ltd., is the
successor-in-interest to Wuhan Wanbang Laser Diamond Tools Co. See
Diamond Sawblades and Parts Thereof from the People's Republic of
China: Final Results of Antidumping Duty Changed Circumstances
Review, 81 FR 20618 (April 8, 2016).
\15\ See 19 CFR 351.309(c).
\16\ See 19 CFR 351.309(c)(2).
\17\ 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.\18\
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 limited to
those raised in the respective case briefs. Unless extended, 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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\18\ See 19 CFR 351.310(c).
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[[Page 57587]]
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.\19\ If the preliminary results are
unchanged for the final results, we will instruct CBP to apply an ad
valorem assessment rate of 82.05 percent to all entries of subject
merchandise during the POR which were exported by the aforementioned
companies. 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.\20\ 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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\19\ See 19 CFR 351.212(b)(1).
\20\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011).
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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, 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.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Discussion of the Methodology
A. Non-Market Economy Country Status
B. Separate Rates
VI. Application of Facts Available and Adverse Inferences
A. Use of Facts Available
B. Application of Facts Available With an Adverse Inference
C. Selection of the AFA Rate
VII. Recommendation
[FR Doc. 2017-26297 Filed 12-5-17; 8:45 am]
BILLING CODE 3510-DS-P
