Diamond Sawblades and Parts Thereof From the People's Republic of China: Final Determination of Anti-Circumvention Inquiry, 33920-33921 [2019-15084]

Download as PDF 33920 Federal Register / Vol. 84, No. 136 / Tuesday, July 16, 2019 / Notices 7304.29.20.30, 7304.29.20.40, 7304.29.20.50, 7304.29.20.60, 7304.29.20.80, 7304.29.31.10, 7304.29.31.20, 7304.29.31.30, 7304.29.31.40, 7304.29.31.50, 7304.29.31.60, 7304.29.31.80, 7304.29.41.10, 7304.29.41.20, 7304.29.41.30, 7304.29.41.40, 7304.29.41.50, 7304.29.41.60, 7304.29.41.80, 7304.29.50.15, 7304.29.50.30, 7304.29.50.45, 7304.29.50.60, 7304.29.50.75, 7304.29.61.15, 7304.29.61.30, 7304.29.61.45, 7304.29.61.60, 7304.29.61.75, 7305.20.20.00, 7305.20.40.00, 7305.20.60.00, 7305.20.80.00, 7306.29.10.30, 7306.29.10.90, 7306.29.20.00, 7306.29.31.00, 7306.29.41.00, 7306.29.60.10, 7306.29.60.50, 7306.29.81.10, and 7306.29.81.50. The merchandise subject to this Order may also enter under the following HTSUS item numbers: 7304.39.00.24, 7304.39.00.28, 7304.39.00.32, 7304.39.00.36, 7304.39.00.40, 7304.39.00.44, 7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 7304.39.00.62, 7304.39.00.68, 7304.39.00.72, 7304.39.00.76, 7304.39.00.80, 7304.59.60.00, 7304.59.80.15, 7304.59.80.20, 7304.59.80.25, 7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 7304.59.80.45, 7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 7304.59.80.65, 7304.59.80.70, 7304.59.80.80, 7305.31.40.00, 7305.31.60.90, 7306.30.50.55, 7306.30.50.90, 7306.50.50.50, and 7306.50.50.70. The HTSUS subheadings above are provided for convenience and customs purposes only. The written description of the scope of the product coverage is dispositive. [FR Doc. 2019–15073 Filed 7–15–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration determination of circumvention of the antidumping duty order on diamond sawblades from China.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 April 4, 2019 3 and May 31, 2019,4 respectively, we extended the deadline of the final determination. The revised deadline for the final determination is July 10, 2019. We received case and rebuttal briefs with respect to the Preliminary Determination. We conducted this anticircumvention inquiry in accordance with section 781(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.225(h). Scope of the Order The merchandise subject to the order is diamond sawblades. The diamond sawblades subject to the order are currently classifiable under subheadings 8202 to 8206 of the Harmonized Tariff Schedule of the United States (HTSUS), and may also enter under subheading 6804.21.00. The HTSUS subheadings are provided for convenience and customs purposes. A full description of the scope of the order is contained in the Issues and Decision Memorandum.5 The written description is dispositive. Scope of the Anti-Circumvention Inquiry [A–570–900] Diamond Sawblades and Parts Thereof From the People’s Republic of China: Final Determination of AntiCircumvention Inquiry Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Diamond Tools Technology (Thailand) Co., Ltd. (Diamond Tools) is circumventing the antidumping duty order on diamond sawblades and parts thereof (diamond sawblades) from the People’s Republic of China (China). DATES: Applicable July 16, 2019. 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: The products covered by this anticircumvention inquiry are diamond sawblades made with Chinese cores and/or Chinese segments joined in Thailand by Diamond Tools and then jspears on DSK30JT082PROD with NOTICES AGENCY: Background On November 15, 2018, Commerce published the preliminary affirmative VerDate Sep<11>2014 17:51 Jul 15, 2019 Jkt 247001 1 See Diamond Sawblades and Parts Thereof from the People’s Republic of China: Preliminary Affirmative Determination of Circumvention, 83 FR 57425 (November 15, 2018) (Preliminary Determination). 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, ‘‘Diamond Sawblades and Parts Thereof from the People’s Republic of China: Extension of Deadline for Final Determination of Anti-Circumvention Inquiry,’’ dated April 4, 2019. 4 See Memorandum, ‘‘Diamond Sawblades and Parts Thereof from the People’s Republic of China: Extension of Deadline for Final Determination of Anti-Circumvention Inquiry,’’ dated May 31, 2019. 5 See Memorandum, ‘‘Diamond Sawblades and Parts Thereof from the People’s Republic of China: Issues and Decision Memorandum for the Final Determination of the Anti-Circumvention Inquiry,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum) at 2–3. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 subsequently exported from Thailand to the United States.6 Methodology Commerce is conducting this anticircumvention inquiry in accordance with section 781(b) of the Act and 19 CFR 351.225(h). For a full description of the methodology underlying the Commerce’s final determination, see the Issues and Decision Memorandum. The Issues and Decision Memorandum 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 Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this inquiry are addressed in the Issues and Decision Memorandum. A list of the issues raised is attached to this notice as an Appendix. Based on our analysis of the comments received, we made changes to the Preliminary Determination. Final Affirmative Determination As detailed in the Issues and Decision Memorandum, we determine that diamond sawblades made with Chinese cores and Chinese segments joined in Thailand by Diamond Tools and then subsequently exported from Thailand to the United States are circumventing the antidumping duty order on diamond sawblades from China. Therefore, we determine that it is appropriate to include this merchandise within the scope of the antidumping duty order and to instruct U.S. Customs and Border Protection (CBP) to continue to suspend any entries of diamond sawblades produced in Thailand by Diamond Tools with Chinese cores and Chinese segments and then subsequently exported from Thailand to the United States. Final Negative Determination As detailed in the Issues and Decision Memorandum, we determine that diamond sawblades made with Chinese cores and Thai segments or Chinese segments and Thai cores that are joined in Thailand by Diamond Tools and subsequently exported from Thailand to the United States are not circumventing the antidumping duty order on diamond 6 See E:\FR\FM\16JYN1.SGM Preliminary Determination, 83 FR at 57425. 16JYN1 Federal Register / Vol. 84, No. 136 / Tuesday, July 16, 2019 / Notices sawblades from China. Therefore, we are not including this merchandise within the scope of the antidumping duty order. However, as we explain below, we will instruct CBP to continue to suspend any entries of diamond sawblades produced in Thailand by Diamond Tools with either Chinese cores or Chinese segments and then subsequently exported from Thailand to the United States. jspears on DSK30JT082PROD with NOTICES Continued Suspension of Liquidation In accordance with 19 CFR 351.225(l)(3), based on this final determination in this anticircumvention inquiry, Commerce will direct CBP to suspend liquidation and to require a cash deposit of estimated duties on unliquidated entries of diamond sawblades produced (i.e., assembled or completed) using Chinese cores and Chinese segments by Diamond Tools in Thailand that were entered, or withdrawn from warehouse, for consumption on or after December 1, 2017, the date of initiation of this anticircumvention inquiry. The suspension of liquidation instructions will remain in effect until further notice. As we explained in the Preliminary Determination,7 Commerce will instruct CBP to require antidumping duty cash deposits equal to the rate established for the China-wide entity, i.e., 82.05 percent,8 for entries of such merchandise produced by Diamond Tools. As we explained above, diamond sawblades assembled or completed in Thailand using either Chinese cores and Thai segments or Thai cores and Chinese segments are not circumventing the antidumping duty order. Diamond sawblades assembled or completed in Thailand using both non-Chinese origin cores and non-Chinese origin segments are not subject to this anticircumvention inquiry. Because Diamond Tools is not currently able to identify diamond sawblades produced with non-Chinese origin cores and/or non-Chinese origin segments,9 in the Preliminary Determination, Commerce decided not to implement a certification process at the preliminary stage and required cash deposits on all entries of diamond sawblades produced by Diamond Tools in Thailand.10 We invited parties to comment on this issue in their case briefs but no parties submitted comments on this issue. at 57426. 8 See, e.g., Diamond Sawblades and Parts Thereof from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2016– 2017, 83 FR 64331, 64332 (December 14, 2018). 9 See Preliminary Determination, 83 FR at 57426. 10 Id. Therefore, for the final determination, we will not implement a certification process for diamond sawblades already suspended, and will require cash deposits on all entries of diamond sawblades produced by Diamond Tools in Thailand, consistent with the Preliminary Determination. However, Diamond Tools may request reconsideration of our denial of the certification process in a future segment of the proceeding, i.e., a changed circumstances review or administrative review.11 Administrative Protective Order This notice will serve as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/ destruction or APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties This determination is issued and published in accordance with section 781(b) of the Act and 19 CFR 351.225(f). Dated: July 10, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Issues Comment 1: Mathematical Error Comment 2: Profit Comment 3: Qualitative Analysis of the Production Process Comment 4: The Significance of Laser Welding in the Final Determination Comment 5: Weighing Five Statutory Criteria in Section 781(b)(2) of the Act Comment 6: Production of Cores and Segments in China and Thailand V. Recommendation [FR Doc. 2019–15084 Filed 7–15–19; 8:45 am] BILLING CODE 3510–DS–P 7 Id. VerDate Sep<11>2014 17:51 Jul 15, 2019 Jkt 247001 11 See Carbon Steel Butt-Weld Pipe Fittings from the People’s Republic of China: Final Affirmative Determination of Circumvention of the Antidumping Duty Order, 84 FR 29164 (June 21, 2019), and accompanying Issues and Decision Memorandum at 22. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 33921 DEPARTMENT OF COMMERCE International Trade Administration Meeting of the Civil Nuclear Trade Advisory Committee International Trade Administration, U.S. Department of Commerce. ACTION: Notice of Federal Advisory Committee Meeting. AGENCY: This notice sets forth the schedule and proposed agenda for a meeting of the Civil Nuclear Trade Advisory Committee (CINTAC). DATES: The meeting is scheduled for Wednesday, August 14, 2019, from 9:00 a.m. to 4:00 p.m. Eastern Daylight Time (EDT). The deadline for members of the public to register to participate, including requests to make comments during the meeting and for auxiliary aids, or to submit written comments for dissemination prior to the meeting, is 5:00 p.m. Eastern Daylight Time (EDT) on Friday, August 9, 2019. ADDRESSES: The meeting will be held at the U.S. Department of Commerce, Herbert C. Hoover Building, Room 1412, 1401 Constitution Ave. NW, Washington, DC 20230. Requests to register to participate (including to speak or for auxiliary aids) and any written comments should be submitted to: Mr. Devin Horne, Office of Energy & Environmental Industries, International Trade Administration, Room 28018, 1401 Constitution Ave. NW, Washington, DC 20230. (Fax: 202–482– 5665; email: devin.horne@trade.gov). Members of the public are encouraged to submit registration requests and written comments via email to ensure timely receipt. FOR FURTHER INFORMATION CONTACT: Mr. Devin Horne, Office of Energy & Environmental Industries, International Trade Administration, Room 28018, 1401 Constitution Ave. NW, Washington, DC 20230. (Phone: 202– 482–0775; Fax: 202–482–5665; email: devin.horne@trade.gov). SUPPLEMENTARY INFORMATION: Background: The CINTAC was established under the discretionary authority of the Secretary of Commerce and in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), in response to an identified need for consensus advice from U.S. industry to the U.S. Government regarding the development and administration of programs to expand United States exports of civil nuclear goods and services in accordance with applicable U.S. laws and regulations, including advice on how U.S. civil nuclear goods SUMMARY: E:\FR\FM\16JYN1.SGM 16JYN1

Agencies

[Federal Register Volume 84, Number 136 (Tuesday, July 16, 2019)]
[Notices]
[Pages 33920-33921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15084]


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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: Final Determination of Anti-Circumvention Inquiry

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that Diamond 
Tools Technology (Thailand) Co., Ltd. (Diamond Tools) is circumventing 
the antidumping duty order on diamond sawblades and parts thereof 
(diamond sawblades) from the People's Republic of China (China).

DATES: Applicable July 16, 2019.

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

    On November 15, 2018, Commerce published the preliminary 
affirmative determination of circumvention of the antidumping duty 
order on diamond sawblades from China.\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 April 4, 2019 \3\ and May 31, 
2019,\4\ respectively, we extended the deadline of the final 
determination. The revised deadline for the final determination is July 
10, 2019.
---------------------------------------------------------------------------

    \1\ See Diamond Sawblades and Parts Thereof from the People's 
Republic of China: Preliminary Affirmative Determination of 
Circumvention, 83 FR 57425 (November 15, 2018) (Preliminary 
Determination).
    \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, ``Diamond Sawblades and Parts Thereof from 
the People's Republic of China: Extension of Deadline for Final 
Determination of Anti-Circumvention Inquiry,'' dated April 4, 2019.
    \4\ See Memorandum, ``Diamond Sawblades and Parts Thereof from 
the People's Republic of China: Extension of Deadline for Final 
Determination of Anti-Circumvention Inquiry,'' dated May 31, 2019.
---------------------------------------------------------------------------

    We received case and rebuttal briefs with respect to the 
Preliminary Determination. We conducted this anti-circumvention inquiry 
in accordance with section 781(b) of the Tariff Act of 1930, as amended 
(the Act), and 19 CFR 351.225(h).

Scope of the Order

    The merchandise subject to the order is diamond sawblades. The 
diamond sawblades subject to the order are currently classifiable under 
subheadings 8202 to 8206 of the Harmonized Tariff Schedule of the 
United States (HTSUS), and may also enter under subheading 6804.21.00. 
The HTSUS subheadings are provided for convenience and customs 
purposes. A full description of the scope of the order is contained in 
the Issues and Decision Memorandum.\5\ The written description is 
dispositive.
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Diamond Sawblades and Parts Thereof from 
the People's Republic of China: Issues and Decision Memorandum for 
the Final Determination of the Anti-Circumvention Inquiry,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum) at 2-3.
---------------------------------------------------------------------------

Scope of the Anti-Circumvention Inquiry

    The products covered by this anti-circumvention inquiry are diamond 
sawblades made with Chinese cores and/or Chinese segments joined in 
Thailand by Diamond Tools and then subsequently exported from Thailand 
to the United States.\6\
---------------------------------------------------------------------------

    \6\ See Preliminary Determination, 83 FR at 57425.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this anti-circumvention inquiry in 
accordance with section 781(b) of the Act and 19 CFR 351.225(h). For a 
full description of the methodology underlying the Commerce's final 
determination, see the Issues and Decision Memorandum. The Issues and 
Decision Memorandum 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 Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://enforcement.trade.gov/frn/.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this inquiry are addressed in the Issues and Decision Memorandum. A 
list of the issues raised is attached to this notice as an Appendix. 
Based on our analysis of the comments received, we made changes to the 
Preliminary Determination.

Final Affirmative Determination

    As detailed in the Issues and Decision Memorandum, we determine 
that diamond sawblades made with Chinese cores and Chinese segments 
joined in Thailand by Diamond Tools and then subsequently exported from 
Thailand to the United States are circumventing the antidumping duty 
order on diamond sawblades from China. Therefore, we determine that it 
is appropriate to include this merchandise within the scope of the 
antidumping duty order and to instruct U.S. Customs and Border 
Protection (CBP) to continue to suspend any entries of diamond 
sawblades produced in Thailand by Diamond Tools with Chinese cores and 
Chinese segments and then subsequently exported from Thailand to the 
United States.

Final Negative Determination

    As detailed in the Issues and Decision Memorandum, we determine 
that diamond sawblades made with Chinese cores and Thai segments or 
Chinese segments and Thai cores that are joined in Thailand by Diamond 
Tools and subsequently exported from Thailand to the United States are 
not circumventing the antidumping duty order on diamond

[[Page 33921]]

sawblades from China. Therefore, we are not including this merchandise 
within the scope of the antidumping duty order. However, as we explain 
below, we will instruct CBP to continue to suspend any entries of 
diamond sawblades produced in Thailand by Diamond Tools with either 
Chinese cores or Chinese segments and then subsequently exported from 
Thailand to the United States.

Continued Suspension of Liquidation

    In accordance with 19 CFR 351.225(l)(3), based on this final 
determination in this anti-circumvention inquiry, Commerce will direct 
CBP to suspend liquidation and to require a cash deposit of estimated 
duties on unliquidated entries of diamond sawblades produced (i.e., 
assembled or completed) using Chinese cores and Chinese segments by 
Diamond Tools in Thailand that were entered, or withdrawn from 
warehouse, for consumption on or after December 1, 2017, the date of 
initiation of this anti-circumvention inquiry. The suspension of 
liquidation instructions will remain in effect until further notice. As 
we explained in the Preliminary Determination,\7\ Commerce will 
instruct CBP to require antidumping duty cash deposits equal to the 
rate established for the China-wide entity, i.e., 82.05 percent,\8\ for 
entries of such merchandise produced by Diamond Tools.
---------------------------------------------------------------------------

    \7\ Id. at 57426.
    \8\ See, e.g., Diamond Sawblades and Parts Thereof from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2016-2017, 83 FR 64331, 64332 (December 14, 
2018).
---------------------------------------------------------------------------

    As we explained above, diamond sawblades assembled or completed in 
Thailand using either Chinese cores and Thai segments or Thai cores and 
Chinese segments are not circumventing the antidumping duty order. 
Diamond sawblades assembled or completed in Thailand using both non-
Chinese origin cores and non-Chinese origin segments are not subject to 
this anti-circumvention inquiry. Because Diamond Tools is not currently 
able to identify diamond sawblades produced with non-Chinese origin 
cores and/or non-Chinese origin segments,\9\ in the Preliminary 
Determination, Commerce decided not to implement a certification 
process at the preliminary stage and required cash deposits on all 
entries of diamond sawblades produced by Diamond Tools in Thailand.\10\ 
We invited parties to comment on this issue in their case briefs but no 
parties submitted comments on this issue. Therefore, for the final 
determination, we will not implement a certification process for 
diamond sawblades already suspended, and will require cash deposits on 
all entries of diamond sawblades produced by Diamond Tools in Thailand, 
consistent with the Preliminary Determination. However, Diamond Tools 
may request reconsideration of our denial of the certification process 
in a future segment of the proceeding, i.e., a changed circumstances 
review or administrative review.\11\
---------------------------------------------------------------------------

    \9\ See Preliminary Determination, 83 FR at 57426.
    \10\ Id.
    \11\ See Carbon Steel Butt-Weld Pipe Fittings from the People's 
Republic of China: Final Affirmative Determination of Circumvention 
of the Antidumping Duty Order, 84 FR 29164 (June 21, 2019), and 
accompanying Issues and Decision Memorandum at 22.
---------------------------------------------------------------------------

Administrative Protective Order

    This notice will serve as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction or APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    This determination is issued and published in accordance with 
section 781(b) of the Act and 19 CFR 351.225(f).

    Dated: July 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Comment 1: Mathematical Error
    Comment 2: Profit
    Comment 3: Qualitative Analysis of the Production Process
    Comment 4: The Significance of Laser Welding in the Final 
Determination
    Comment 5: Weighing Five Statutory Criteria in Section 781(b)(2) 
of the Act
    Comment 6: Production of Cores and Segments in China and 
Thailand
V. Recommendation

[FR Doc. 2019-15084 Filed 7-15-19; 8:45 am]
 BILLING CODE 3510-DS-P
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