Diamond Sawblades and Parts Thereof From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results of Review, Rescission of Administrative Review in Part, and Amended Final Results of the Antidumping Duty Administrative Review; 2013-2014, 23763-23765 [2019-10803]
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Federal Register / Vol. 84, No. 100 / Thursday, May 23, 2019 / Notices
Dated: May 14, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
khammond on DSKBBV9HB2PROD with NOTICES
Appendix I
Scope of the Investigation
The merchandise covered by the
investigation is certain quartz surface
products.16 Quartz surface products consist
of slabs and other surfaces created from a
mixture of materials that includes
predominately silica (e.g., quartz, quartz
powder, cristobalite) as well as a resin binder
(e.g., an unsaturated polyester). The
incorporation of other materials, including,
but not limited to, pigments, cement, or other
additives does not remove the merchandise
from the scope of the investigation. However,
the scope of the investigation only includes
products where the silica content is greater
than any other single material, by actual
weight. Quartz surface products are typically
sold as rectangular slabs with a total surface
area of approximately 45 to 60 square feet
and a nominal thickness of one, two, or three
centimeters. However, the scope of this
investigation includes surface products of all
other sizes, thicknesses, and shapes. In
addition to slabs, the scope of this
investigation includes, but is not limited to,
other surfaces such as countertops,
backsplashes, vanity tops, bar tops, work
tops, tabletops, flooring, wall facing, shower
surrounds, fire place surrounds, mantels, and
tiles. Certain quartz surface products are
covered by the investigation whether
polished or unpolished, cut or uncut,
fabricated or not fabricated, cured or
uncured, edged or not edged, finished or
unfinished, thermoformed or not
thermoformed, packaged or unpackaged, and
regardless of the type of surface finish.
In addition, quartz surface products are
covered by the investigation whether or not
they are imported attached to, or in
conjunction with, non-subject merchandise
such as sinks, sink bowls, vanities, cabinets,
and furniture. If quartz surface products are
imported attached to, or in conjunction with,
such non-subject merchandise, only the
quartz surface product is covered by the
scope.
Subject merchandise includes material
matching the above description that has been
finished, packaged, or otherwise fabricated in
a third country, including by cutting,
polishing, curing, edging, thermoforming,
attaching to, or packaging with another
product, or any other finishing, packaging, or
fabrication that would not otherwise remove
the merchandise from the scope of the
investigation if performed in the country of
manufacture of the quartz surface products.
The scope of the investigation does not
cover quarried stone surface products, such
as granite, marble, soapstone, or quartzite.
Specifically excluded from the scope of the
investigation are crushed glass surface
products. Crushed glass surface products
16 Quartz
surface products may also generally be
referred to as engineered stone or quartz, artificial
stone or quartz, agglomerated stone or quartz,
synthetic stone or quartz, processed stone or quartz,
manufactured stone or quartz, and Bretonstone®.
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16:40 May 22, 2019
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must meet each of the following criteria to
qualify for this exclusion: (1) The crushed
glass content is greater than any other single
material, by actual weight; (2) there are
pieces of crushed glass visible across the
surface of the product; (3) at least some of the
individual pieces of crushed glass that are
visible across the surface are larger than one
centimeter wide as measured at their widest
cross-section (glass pieces); and (4) the
distance between any single glass piece and
the closest separate glass piece does not
exceed three inches.
The products subject to the scope are
currently classified in the Harmonized Tariff
Schedule of the United States (HTSUS) under
the following subheading: 6810.99.0010.
Subject merchandise may also enter under
subheadings 6810.11.0010, 6810.11.0070,
6810.19.1200, 6810.19.1400, 6810.19.5000,
6810.91.0000, 6810.99.0080, 6815.99.4070,
2506.10.0010, 2506.10.0050, 2506.20.0010,
2506.20.0080, and 7016.90.10. The HTSUS
subheadings set forth above are provided for
convenience and U.S. Customs purposes
only. The written description of the scope is
dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Final Determination of Critical
Circumstances
IV. Scope Comments
V. Use of Adverse Facts Available
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Analysis of Comments
Comment 1: Whether This Investigation
Was Improperly Initiated
Comment 2: The Application of AFA to
Hero Stone
Comment 3: The Application of AFA to
Foshan Yixin’s and Hero Stone’s
Unaffiliated Suppliers of Subject
Merchandise
Comment 4: The Application of AFA to
Input Market Distortion
Comment 5: The Application of AFA
Regarding Whether Inputs Are Specific
Comment 6: Whether Commerce’s Use of a
Tier Two Benchmark Takes Into Account
Prevailing Market Conditions in China
Comment 7: The Benchmark Used in the
Calculation of the Provision of Polyester
Resin for Less Than Adequate
Remuneration (LTAR) Program
Comment 8: The Benchmark Used in the
Calculation of the Provision of Quartz for
LTAR Program
Comment 9: Whether Commerce Should
Continue To Treat Quartz ‘‘Powder’’ as
Crushed Quartz Sand
Comment 10: Whether Commerce’s
Preliminary Critical Circumstances
Determination Was Lawful
IX. Recommendation
[FR Doc. 2019–10799 Filed 5–22–19; 8:45 am]
BILLING CODE 3510–DS–P
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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:
Notice of Court Decision Not in
Harmony With the Final Results of
Review, Rescission of Administrative
Review in Part, and Amended Final
Results of the Antidumping Duty
Administrative Review; 2013–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 7, 2019, the United
States Court of International Trade (CIT)
sustained the final remand
redetermination pertaining to the
administrative review of the
antidumping duty order on diamond
sawblades and parts thereof from the
People’s Republic of China covering the
period November 1, 2013, through
October 31, 2014. The Department of
Commerce (Commerce) is notifying the
public that the CIT’s final judgment in
this case is not in harmony with the
final results of the administrative
review, that Commerce is rescinding the
administrative review in part, and that
Commerce is amending the final results
with respect to the respondents eligible
for separate rates.
DATES: Applicable May 17, 2019.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun or Minoo Hatten, 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 or (202) 482–1690,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On June 14, 2016, Commerce
published the Final Results, in which
we valued cores produced by Weihai
Xiangguang Mechanical Industrial Co.,
Ltd. (Weihai) using a build-up
methodology, and calculated surrogate
truck freight distance using the average
of the distances between industrial
estates in Bangkok and the Port of
Bangkok.1 On March 22, 2018, the CIT
remanded the Final Results to
Commerce to re-examine: (1) The
withdrawals of review requests with
1 See Diamond Sawblades and Parts Thereof from
the People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2013–
2014, 81 FR 38673 (June 14, 2016) (Final Results)
and accompanying Issues and Decision
Memorandum at Comments 11 and 19.
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Federal Register / Vol. 84, No. 100 / Thursday, May 23, 2019 / Notices
respect to Weihai in light of Glycine &
More, Inc. v. United States, 880 F.3d
1335 (Fed. Cir. 2018) (Glycine & More);
and (2) the surrogate truck freight
distance used in the valuation of the
truck freight expense. In addition, the
CIT granted Commerce’s request for a
voluntary remand to address the issues
concerning the valuation of Weihai’s
purchased cores and the rate for nonselected separate rate respondents.2
In the first final remand
redetermination, we stated our intent to
accept all withdrawals of review
requests with respect to Weihai, rescind
the administrative review with respect
to Weihai, and revise the surrogate truck
freight distance. Because we intended to
rescind the administrative review in
part with respect to Weihai, we treated
the issue of the valuation of Weihai’s
cores as moot. We assigned the revised
rate for the Jiangsu Fengtai Single
Entity 3 as the separate rate to eligible
non-selected respondents.4
On February 1, 2019, the CIT
remanded the Final Results to
Commerce to reconsider Commerce’s
methodology in determining the
separate rate for the non-selected
respondents in this litigation. In
addition, the CIT ordered that, if
Commerce decides on remand to
reinstate Weihai in the administrative
review, Commerce must make
appropriate adjustments in line with the
CIT’s previous remand order regarding
the cores valuation and the revision to
the surrogate truck freight distance with
respect to Weihai.5
In the second final remand
redetermination, we continued to accept
all withdrawals of review requests with
respect to Weihai and stated our intent
to rescind the administrative review, in
part, with respect to Weihai. In response
to the CIT’s remand order, we relied on
data for Weihai and the Jiangsu Fengtai
Single Entity to recalculate the separate
rate for the eligible non-selected
respondents, with the adjustments to
the cores valuation and the surrogate
truck freight distance for Weihai.6 On
May 7, 2019, the CIT sustained our
second final remand redetermination in
its entirety.7
Timken Notice
In its decision in Timken Co. v.
United States, 893 F.2d 337, 341 (Fed.
Cir. 1990) (Timken), as clarified by
Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir.
2010), the United States Court of
Appeals for the Federal Circuit held
that, pursuant to section 516A(e) of the
Tariff Act of 1930, as amended (the Act),
Commerce must publish a notice of a
court decision that is not ‘‘in harmony’’
with a Commerce determination and
must suspend liquidation of entries
pending a ‘‘conclusive’’ court decision.
The CIT’s May 7, 2019, final judgment
sustaining the second final remand
redetermination constitutes the CIT’s
final decision which is not ‘‘in
harmony’’ with the Final Results. This
notice is published in fulfillment of the
publication requirements of Timken.
Accordingly, Commerce will continue
the suspension of liquidation of the
subject merchandise pending expiration
of the period to appeal or, if appealed,
pending a final and conclusive court
decision.
Rescission of Administrative Review in
Part
In accordance with 19 CFR
351.213(d), Commerce will rescind an
administrative review in part ‘‘if a party
that requested a review withdraws the
request within 90 days of the date of the
publication of notice of initiation of the
requested review. The Secretary may
extend this time limit if the Secretary
decides that it is reasonable to do so.’’ 8
Subsequent to the initiation of the
review, the petitioner and Weihai timely
withdrew their requests for review of
Weihai.9 Robert Bosch Tools
Corporation (Bosch) withdrew its
request for review of Weihai after the
regulatory 90-day period 10 but we
extended this time limit and accepted
Bosch’s withdrawal of its review request
because we find it reasonable to do so
under 19 CFR 351.213(d).11 Because no
other party requested a review of
Weihai, we are rescinding the review in
part with respect to Weihai in
accordance with 19 CFR 351.213(d)(1).
Amended Final Results of Review
Because there is now a final court
decision, Commerce is amending the
Final Results with respect to the
separate rate respondents as follows:
Weighted-average
dumping margin
(percent)
Exporter
khammond on DSKBBV9HB2PROD with NOTICES
Bosun Tools Co., Ltd ...................................................................................................................................................................
Chengdu Huifeng Diamond Tools Co., Ltd12 ..............................................................................................................................
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 .......................................................................................................................................
2 See Diamond Sawblades Manufacturers’
Coalition v. United States, 301 F. Supp. 3d 1326
(CIT 2018).
3 The Jiangsu Fengtai Single Entity is comprised
of Jiangsu Fengtai Diamond Tool Manufacture Co.,
Ltd., Jiangsu Fengtai Tools Co., Ltd., and Jiangsu
Fengtai Sawing Industry Co., Ltd. See the
Memorandum, ‘‘Diamond Sawblades and Parts
Thereof from the People’s Republic of China—
Collapsing of Jiangsu Fengtai Diamond Tool
Manufacture Co., Ltd. and Affiliated Producers,’’
dated November 30, 2015.
4 See Final Remand Redetermination dated
August 6, 2018, pursuant to Diamond Sawblades
Manufacturers’ Coalition v. United States, 301 F.
Supp. 3d 1326 (CIT 2018), and available at https://
enforcement.trade.gov/remands/18-28.pdf, aff’d in
part, remanded in part, Diamond Sawblades
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Jkt 247001
Manufacturers’ Coalition v. United States, 359 F.
Supp. 3d 1374 (CIT 2019).
5 See Diamond Sawblades Manufacturers’
Coalition v. United States, 359 F. Supp. 3d 1374
(CIT 2019).
6 See Final Second Remand Redetermination
dated March 29, 2019, pursuant to Diamond
Sawblades Manufacturers’ Coalition v. United
States, 359 F. Supp. 3d 1374 (CIT 2019), and
available at https://enforcement.trade.gov/remands/
19-17.pdf.
7 See Diamond Sawblades Manufacturers’
Coalition v. United States, Court No. 16–00124, Slip
Op. 19–54 (CIT May 7, 2019).
8 See 19 CFR 351.213(d).
9 See the petitioner’s and Weihai’s withdrawals of
review request dated March 23, 2015.
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10 See Bosch’s withdrawal of review request dated
April 8, 2015.
11 See Final Remand Redetermination dated
August 6, 2018, pursuant to Diamond Sawblades
Manufacturers’ Coalition v. United States, 301 F.
Supp. 3d 1326 (CIT 2018), and available at https://
enforcement.trade.gov/remands/18-28.pdf, aff’d,
remanded on other grounds, Diamond Sawblades
Manufacturers’ Coalition v. United States, 359 F.
Supp. 3d 1374 (CIT 2019).
12 Commerce determined 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: Final
Results of Antidumping Duty Changed
Circumstances Review, 82 FR 60177 (December 19,
2017).
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Federal Register / Vol. 84, No. 100 / Thursday, May 23, 2019 / Notices
Weighted-average
dumping margin
(percent)
Exporter
khammond on DSKBBV9HB2PROD with NOTICES
Jiangsu Fengtai Single Entity ......................................................................................................................................................
Jiangsu Huachang Tools Manufacturing Co., Ltd .......................................................................................................................
Jiangsu Inter-China Group Corporation 13 ...................................................................................................................................
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 ..............................................................................................................................
Wuhan Wanbang Laser Diamond Tools Co14 ............................................................................................................................
Xiamen ZL Diamond Technology Co., Ltd ..................................................................................................................................
Zhejiang Wanli Tools Group Co., Ltd ..........................................................................................................................................
In the event the CIT’s ruling is not
appealed or, if appealed, upheld by a
final and conclusive court decision,
Commerce will instruct the U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on
unliquidated entries of subject
merchandise based on the revised rates
Commerce determined and listed above
and, for Weihai, at the rate equal to the
cash deposit of the estimated
antidumping duty required at the time
of entry, or withdrawal from warehouse,
for consumption, in accordance with 19
CFR 351.212(c)(2).
update their cash deposit rates as a
result of these amended final results.
Cash Deposit Requirements
As the cash deposit rate for Jiangsu
Huachang Tools Manufacturing Co.,
Ltd., has not been subject to subsequent
administrative reviews, Commerce will
issue revised cash deposit instructions
to CBP adjusting the rate from 29.76
percent to 39.66 percent, effective May
17, 2019. For all other respondents
listed above, because the cash deposit
rates have been updated in subsequent
administrative reviews,15 we will not
DEPARTMENT OF COMMERCE
13 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, 75855, n.15
(December 4, 2015), for the name variation of this
company.
14 Commerce determined that Wuhan Wanbang
Laser Diamond Tools Co., Ltd., is the successor-ininterest 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 Diamond Sawblades and Parts Thereof
from the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; 2015–
2016, 83 FR 17527, 17528 (April 20, 2018), for
Bosun Tools Co., Ltd., Danyang NYCL Tools
Manufacturing Co., Ltd., and Wuhan Wanbang
Laser Diamond Tools Co., and Diamond Sawblades
and Parts Thereof from the People’s Republic of
China: Preliminary Results of Antidumping Duty
Administrative Review; 2016–2017, 83 FR 39673,
39674, n.10 (August 10, 2018), unchanged in
Diamond Sawblades and Parts Thereof from the
People’s Republic of China: Final Results of
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Jkt 247001
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(e)(1),
751(a)(1), and 777(i)(1) of the Act.
Dated: May 16, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2019–10803 Filed 5–22–19; 8:45 am]
BILLING CODE 3510–DS–P
International Trade Administration
[C–533–844]
Certain Lined Paper Products From
India: Final Results of Countervailing
Duty Administrative Review; 2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to Goldenpalm Manufacturers
Pvt. Limited (Goldenpalm), a producer/
exporter of certain lined paper products
(lined paper) from India for the period
of review January 1, 2016, through
December 31, 2016.
DATES: Applicable May 23, 2019.
FOR FURTHER INFORMATION CONTACT: John
Conniff, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1009.
AGENCY:
Antidumping Duty Administrative Review; 2016–
2017, 83 FR 64331 (December 14, 2018), for all
other respondents listed above for which the cash
deposit rates will not be updated as a result of these
amended final results.
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Background
Commerce published the Preliminary
Results of this administrative review on
October 10, 2018.1 Commerce exercised
its discretion to toll all deadlines
affected by the partial federal
government closure from December 22,
2018, through the resumption of
operations on January 29, 2019.2 On
March 5, 2019, we postponed the final
results of review by 57 days, until May
15, 2019.3 Based on an analysis of the
comments received, Commerce has
made certain changes to the subsidy rate
listed in the Preliminary Results. The
final subsidy rate is listed in the ‘‘Final
Results of Administrative Review’’
section below.
Scope of the Order
The products covered by the order are
certain lined paper products from India.
For a full description of the scope, see
the Issues and Decision Memorandum.4
Analysis of Comments Received
The issues raised by the Government
of India, Goldenpalm, and the
1 See Certain Lined Paper Products from India:
Preliminary Results of Countervailing Duty
Administrative Review; Calendar Year 2016, 83 FR
50896 (October 10, 2018) (Preliminary Results) and
accompanying Preliminary Decision Memorandum.
2 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ ’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
3 See Memorandum, ‘‘Extension of Deadline for
Final Results of Countervailing Duty Review,’’
dated March 5, 2019.
4 See Memorandum, ‘‘Decision Memorandum for
the Final Results of Administrative Review; 2016:
Certain Lined Paper Products from India,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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[Federal Register Volume 84, Number 100 (Thursday, May 23, 2019)]
[Notices]
[Pages 23763-23765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10803]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-900]
Diamond Sawblades and Parts Thereof From the People's Republic of
China: Notice of Court Decision Not in Harmony With the Final Results
of Review, Rescission of Administrative Review in Part, and Amended
Final Results of the Antidumping Duty Administrative Review; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On May 7, 2019, the United States Court of International Trade
(CIT) sustained the final remand redetermination pertaining to the
administrative review of the antidumping duty order on diamond
sawblades and parts thereof from the People's Republic of China
covering the period November 1, 2013, through October 31, 2014. The
Department of Commerce (Commerce) is notifying the public that the
CIT's final judgment in this case is not in harmony with the final
results of the administrative review, that Commerce is rescinding the
administrative review in part, and that Commerce is amending the final
results with respect to the respondents eligible for separate rates.
DATES: Applicable May 17, 2019.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Minoo Hatten, 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 or (202) 482-1690,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 14, 2016, Commerce published the Final Results, in which we
valued cores produced by Weihai Xiangguang Mechanical Industrial Co.,
Ltd. (Weihai) using a build-up methodology, and calculated surrogate
truck freight distance using the average of the distances between
industrial estates in Bangkok and the Port of Bangkok.\1\ On March 22,
2018, the CIT remanded the Final Results to Commerce to re-examine: (1)
The withdrawals of review requests with
[[Page 23764]]
respect to Weihai in light of Glycine & More, Inc. v. United States,
880 F.3d 1335 (Fed. Cir. 2018) (Glycine & More); and (2) the surrogate
truck freight distance used in the valuation of the truck freight
expense. In addition, the CIT granted Commerce's request for a
voluntary remand to address the issues concerning the valuation of
Weihai's purchased cores and the rate for non-selected separate rate
respondents.\2\
---------------------------------------------------------------------------
\1\ See Diamond Sawblades and Parts Thereof from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; 2013-2014, 81 FR 38673 (June 14, 2016) (Final Results) and
accompanying Issues and Decision Memorandum at Comments 11 and 19.
\2\ See Diamond Sawblades Manufacturers' Coalition v. United
States, 301 F. Supp. 3d 1326 (CIT 2018).
---------------------------------------------------------------------------
In the first final remand redetermination, we stated our intent to
accept all withdrawals of review requests with respect to Weihai,
rescind the administrative review with respect to Weihai, and revise
the surrogate truck freight distance. Because we intended to rescind
the administrative review in part with respect to Weihai, we treated
the issue of the valuation of Weihai's cores as moot. We assigned the
revised rate for the Jiangsu Fengtai Single Entity \3\ as the separate
rate to eligible non-selected respondents.\4\
---------------------------------------------------------------------------
\3\ The Jiangsu Fengtai Single Entity is comprised of Jiangsu
Fengtai Diamond Tool Manufacture Co., Ltd., Jiangsu Fengtai Tools
Co., Ltd., and Jiangsu Fengtai Sawing Industry Co., Ltd. See the
Memorandum, ``Diamond Sawblades and Parts Thereof from the People's
Republic of China--Collapsing of Jiangsu Fengtai Diamond Tool
Manufacture Co., Ltd. and Affiliated Producers,'' dated November 30,
2015.
\4\ See Final Remand Redetermination dated August 6, 2018,
pursuant to Diamond Sawblades Manufacturers' Coalition v. United
States, 301 F. Supp. 3d 1326 (CIT 2018), and available at https://enforcement.trade.gov/remands/18-28.pdf, aff'd in part, remanded in
part, Diamond Sawblades Manufacturers' Coalition v. United States,
359 F. Supp. 3d 1374 (CIT 2019).
---------------------------------------------------------------------------
On February 1, 2019, the CIT remanded the Final Results to Commerce
to reconsider Commerce's methodology in determining the separate rate
for the non-selected respondents in this litigation. In addition, the
CIT ordered that, if Commerce decides on remand to reinstate Weihai in
the administrative review, Commerce must make appropriate adjustments
in line with the CIT's previous remand order regarding the cores
valuation and the revision to the surrogate truck freight distance with
respect to Weihai.\5\
---------------------------------------------------------------------------
\5\ See Diamond Sawblades Manufacturers' Coalition v. United
States, 359 F. Supp. 3d 1374 (CIT 2019).
---------------------------------------------------------------------------
In the second final remand redetermination, we continued to accept
all withdrawals of review requests with respect to Weihai and stated
our intent to rescind the administrative review, in part, with respect
to Weihai. In response to the CIT's remand order, we relied on data for
Weihai and the Jiangsu Fengtai Single Entity to recalculate the
separate rate for the eligible non-selected respondents, with the
adjustments to the cores valuation and the surrogate truck freight
distance for Weihai.\6\ On May 7, 2019, the CIT sustained our second
final remand redetermination in its entirety.\7\
---------------------------------------------------------------------------
\6\ See Final Second Remand Redetermination dated March 29,
2019, pursuant to Diamond Sawblades Manufacturers' Coalition v.
United States, 359 F. Supp. 3d 1374 (CIT 2019), and available at
https://enforcement.trade.gov/remands/19-17.pdf.
\7\ See Diamond Sawblades Manufacturers' Coalition v. United
States, Court No. 16-00124, Slip Op. 19-54 (CIT May 7, 2019).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken Co. v. United States, 893 F.2d 337, 341
(Fed. Cir. 1990) (Timken), as clarified by Diamond Sawblades Mfrs.
Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010), the United
States Court of Appeals for the Federal Circuit held that, pursuant to
section 516A(e) of the Tariff Act of 1930, as amended (the Act),
Commerce must publish a notice of a court decision that is not ``in
harmony'' with a Commerce determination and must suspend liquidation of
entries pending a ``conclusive'' court decision. The CIT's May 7, 2019,
final judgment sustaining the second final remand redetermination
constitutes the CIT's final decision which is not ``in harmony'' with
the Final Results. This notice is published in fulfillment of the
publication requirements of Timken. Accordingly, Commerce will continue
the suspension of liquidation of the subject merchandise pending
expiration of the period to appeal or, if appealed, pending a final and
conclusive court decision.
Rescission of Administrative Review in Part
In accordance with 19 CFR 351.213(d), Commerce will rescind an
administrative review in part ``if a party that requested a review
withdraws the request within 90 days of the date of the publication of
notice of initiation of the requested review. The Secretary may extend
this time limit if the Secretary decides that it is reasonable to do
so.'' \8\ Subsequent to the initiation of the review, the petitioner
and Weihai timely withdrew their requests for review of Weihai.\9\
Robert Bosch Tools Corporation (Bosch) withdrew its request for review
of Weihai after the regulatory 90-day period \10\ but we extended this
time limit and accepted Bosch's withdrawal of its review request
because we find it reasonable to do so under 19 CFR 351.213(d).\11\
Because no other party requested a review of Weihai, we are rescinding
the review in part with respect to Weihai in accordance with 19 CFR
351.213(d)(1).
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\8\ See 19 CFR 351.213(d).
\9\ See the petitioner's and Weihai's withdrawals of review
request dated March 23, 2015.
\10\ See Bosch's withdrawal of review request dated April 8,
2015.
\11\ See Final Remand Redetermination dated August 6, 2018,
pursuant to Diamond Sawblades Manufacturers' Coalition v. United
States, 301 F. Supp. 3d 1326 (CIT 2018), and available at https://enforcement.trade.gov/remands/18-28.pdf, aff'd, remanded on other
grounds, Diamond Sawblades Manufacturers' Coalition v. United
States, 359 F. Supp. 3d 1374 (CIT 2019).
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Amended Final Results of Review
Because there is now a final court decision, Commerce is amending
the Final Results with respect to the separate rate respondents as
follows:
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\12\ Commerce determined 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: Final Results of
Antidumping Duty Changed Circumstances Review, 82 FR 60177 (December
19, 2017).
------------------------------------------------------------------------
Weighted-average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Bosun Tools Co., Ltd................................ 39.66
Chengdu Huifeng Diamond Tools Co., Ltd\12\.......... 39.66
Danyang Huachang Diamond Tools Manufacturing Co., 39.66
Ltd................................................
Danyang NYCL Tools Manufacturing Co., Ltd........... 39.66
Danyang Weiwang Tools Manufacturing Co., Ltd........ 39.66
Guilin Tebon Superhard Material Co., Ltd............ 39.66
Hangzhou Deer King Industrial and Trading Co., Ltd.. 39.66
Hong Kong Hao Xin International Group Limited....... 39.66
Huzhou Gu's Import & Export Co., Ltd................ 39.66
[[Page 23765]]
Jiangsu Fengtai Single Entity....................... 56.67
Jiangsu Huachang Tools Manufacturing Co., Ltd....... 39.66
Jiangsu Inter-China Group Corporation \13\.......... 39.66
Jiangsu Youhe Tool Manufacturer Co., Ltd............ 39.66
Orient Gain International Limited................... 39.66
Pantos Logistics (HK) Company Limited............... 39.66
Qingyuan Shangtai Diamond Tools Co., Ltd............ 39.66
Quanzhou Zhongzhi Diamond Tool Co., Ltd............. 39.66
Rizhao Hein Saw Co., Ltd............................ 39.66
Saint-Gobain Abrasives (Shanghai) Co., Ltd.......... 39.66
Shanghai Jingquan Industrial Trade Co., Ltd......... 39.66
Wuhan Wanbang Laser Diamond Tools Co\14\............ 39.66
Xiamen ZL Diamond Technology Co., Ltd............... 39.66
Zhejiang Wanli Tools Group Co., Ltd................. 39.66
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In the event the CIT's ruling is not appealed or, if appealed,
upheld by a final and conclusive court decision, Commerce will instruct
the U.S. Customs and Border Protection (CBP) to assess antidumping
duties on unliquidated entries of subject merchandise based on the
revised rates Commerce determined and listed above and, for Weihai, at
the rate equal to the cash deposit of the estimated antidumping duty
required at the time of entry, or withdrawal from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(2).
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\13\ 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, 75855, n.15 (December
4, 2015), for the name variation of this company.
\14\ Commerce determined that 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).
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Cash Deposit Requirements
As the cash deposit rate for Jiangsu Huachang Tools Manufacturing
Co., Ltd., has not been subject to subsequent administrative reviews,
Commerce will issue revised cash deposit instructions to CBP adjusting
the rate from 29.76 percent to 39.66 percent, effective May 17, 2019.
For all other respondents listed above, because the cash deposit rates
have been updated in subsequent administrative reviews,\15\ we will not
update their cash deposit rates as a result of these amended final
results.
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\15\ See Diamond Sawblades and Parts Thereof from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; 2015-2016, 83 FR 17527, 17528 (April 20, 2018), for Bosun
Tools Co., Ltd., Danyang NYCL Tools Manufacturing Co., Ltd., and
Wuhan Wanbang Laser Diamond Tools Co., and Diamond Sawblades and
Parts Thereof from the People's Republic of China: Preliminary
Results of Antidumping Duty Administrative Review; 2016-2017, 83 FR
39673, 39674, n.10 (August 10, 2018), unchanged in Diamond Sawblades
and Parts Thereof from the People's Republic of China: Final Results
of Antidumping Duty Administrative Review; 2016-2017, 83 FR 64331
(December 14, 2018), for all other respondents listed above for
which the cash deposit rates will not be updated as a result of
these amended final results.
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Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: May 16, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-10803 Filed 5-22-19; 8:45 am]
BILLING CODE 3510-DS-P
