Diamond Sawblades and Parts Thereof From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2017-2018, 2705-2708 [2020-00639]
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Federal Register / Vol. 85, No. 11 / Thursday, January 16, 2020 / Notices
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briefs.15 However, Commerce intends to
conduct verification of the
questionnaire responses submitted by
Grupo Simec after the preliminary
results. Thus, Commerce will
subsequently notify parties of the case
brief and rebuttal brief deadlines.
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 All briefs
must be filed electronically using
ACCESS. An electronically filed
document must be received successfully
in its entirety by the established
deadline.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, within 30 days after the
date of publication of this notice.
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. If a
request for a hearing is made, Commerce
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
We intend to issue the final results of
this administrative review, including
the results of our analysis of the issues
raised in any written briefs, not later
than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
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
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and increase the subsequent
assessment of the antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
15 See
19 CFR 351.309(d).
16 See 19 CFR 351.309(c)(2) and (d)(2), and 19
CFR 351.303 (for general filing requirements).
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17:49 Jan 15, 2020
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751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h)(1).
Dated: January 9, 2020.
Jeffrey I. Kessler,
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. Margin for Companies Not Selected for
Individual Examination
V. Affiliation and Collapsing
VI. Discussion of the Methodology
VII. Recommendation
[FR Doc. 2020–00646 Filed 1–15–20; 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 and
Preliminary Determination of No
Shipments; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that diamond sawblades and parts
thereof from the People’s Republic of
China (China) were not sold at less than
normal value during the period of
review (POR) November 1, 2017 through
October 31, 2018. Interested parties are
invited to comment on these
preliminary results of review.
DATES: Applicable January 16, 2020.
FOR FURTHER INFORMATION CONTACT:
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) 482–3683.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
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,
2019.1 Because the deadlines in
1 See Memorandum to the Record from Gary
Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
performing the non-exclusive functions and duties
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2705
administrative reviews are determined
based on the last day of the anniversary
month, which, in this case, is November
30, 2018, prior to the beginning of the
federal government closure, the tolling
memo applies to this administrative
review. As a result, the revised deadline
for the preliminary results of this
administrative review became
September 11, 2019. On February 6,
2019, Commerce initiated the
administrative review of the
antidumping duty order on diamond
sawblades and parts thereof from
China.2 The administrative review
covers one mandatory respondent,
Chengdu Huifeng New Material
Technology Co., Ltd. (Chengdu
Huifeng). On August 14, 2019,
Commerce extended the time limit for
issuing the preliminary results of this
review by 120 days, to no later than
January 9, 2020.3
Scope of the Order
The merchandise subject to the
antidumping duty order is diamond
sawblades and parts thereof, which is
typically imported under heading
8202.39.00.00 of the Harmonized Tariff
Schedule of the United States (HTSUS).
When packaged together as a set for
retail sale with an item that is separately
classified under headings 8202 to 8205
of the HTSUS, diamond sawblades or
parts thereof may be imported under
heading 8206.00.00.00 of the HTSUS.
On October 11, 2011, Commerce
included the 6804.21.00.00 HTSUS
classification number to the customs
case reference file, pursuant to a request
by U.S. Customs and Border Protection
(CBP). Pursuant to requests by CBP,
Commerce included to the customs case
reference file the following HTSUS
classification numbers: 8202.39.0040
and 8202.39.0070 on January 22, 2015,
and 6804.21.0010 and 6804.21.0080 on
January 26, 2015.
While the HTSUS numbers 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.4
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.
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
2159 (February 6, 2019).
3 See Memorandum, ‘‘Diamond Sawblades and
Parts Thereof from the People’s Republic of China:
Extension of Time Limit for Preliminary Results of
Antidumping Duty Administrative Review, 2017–
2018,’’ dated August 14, 2019.
4 See Memorandum, ‘‘Diamond Sawblades and
Parts Thereof from the People’s Republic of China:
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Continued
16JAN1
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Federal Register / Vol. 85, No. 11 / Thursday, January 16, 2020 / Notices
Preliminary Determination of No
Shipments
Three 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.5 We requested that CBP
report any contrary information.6 To
date, we have not received any contrary
information from either CBP in response
to our inquiry or any other sources that
these companies had any shipments of
the subject merchandise sold to the
United States during the POR.7 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.8
Separate Rates
Commerce preliminarily determines
that six respondents are eligible to
receive separate rates in this review.9
Separate Rate for Eligible Non-Selected
Respondents
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Commerce preliminarily determines
that the respondents not selected for
individual examination, Bosun Tools
Co., Ltd. (Bosun Tools), the Jiangsu
Fengtai Single Entity,10 Wuhan
Wanbang Laser Diamond Tools Co., Ltd.
(Wuhan Wanbang), Xiamen ZL
Diamond Technology Co., Ltd. (Xiamen
ZL), and Zhejiang Wanli Tools Group
Co., Ltd. (Zhejiang Wanli), are eligible to
receive a separate rate in the
Decision Memorandum for the Preliminary Results
of the Antidumping Duty Administrative Review;
2017–2018,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
5 See No-Shipment Letters from Weihai
Xiangguang Mechanical Industrial Co., Ltd., dated
March 5, 2019, and from Danyang Hantronic Import
& Export Co., Ltd., and Danyang Weiwang Tools
Manufacturing Co., Ltd., dated March 8, 2019.
6 See CBP message numbers 9352317, 9352319
and 9352320, dated December 18, 2019, available at
https://aceservices.cbp.dhs.gov/adcvdweb/.
7 See Preliminary Decision Memorandum at
3–4 f.
8 See, e.g., Certain Steel Threaded Rod From the
People’s Republic of China: Preliminary Results of
the Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2018–
2019, 84 FR 71900 (December 30, 2019).
9 See Preliminary Decision Memorandum at 8–10.
10 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 Diamond
Sawblades and Parts Thereof from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review; 2014–2015, 82 FR
26912, 26913, n.5 (June 12, 2017). We received
review requests for Jiangsu Fengtai Diamond Tool
Manufacture Co., Ltd., Jiangsu Fengtai Diamond
Tools Co., Ltd., and Jiangsu Fengtai Tools Co., Ltd.
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17:49 Jan 15, 2020
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administrative review.11 Consistent
with our practice, we assigned to Bosun
Tools, the Jiangsu Fengtai Single Entity,
Wuhan Wanbang, Xiamen ZL, and
Zhejiang Wanli the weighted-average
margin calculated for Chengdu Huifeng
as the separate rate for the preliminary
results of this review.12
China-Wide Entity
Under Commerce’s policy regarding
the conditional review of the Chinawide entity,13 the China-wide entity
will not be under review unless a party
specifically requests, or Commerce selfinitiates, a review of the entity. Because
no party requested a review of the
China-wide entity in this review, the
entity is not under review, and the
entity’s rate (i.e., 82.05 percent) is not
subject to change.14 Aside from the noshipment and separate rate companies
discussed above, Commerce considers
all other companies for which a review
was requested (which did not file a
separate rate application) to be part of
the China-wide entity.15
11 See Preliminary Decision Memorandum at 10–
11 for more details.
12 Id.
13 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).
14 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).
15 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
1329, 1331–32 (January 11, 2018) (‘‘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 China-wide entity are: ASHINE Diamond
Tools Co., Ltd., Danyang City Ou Di Ma Tools Co.,
Ltd., Danyang Huachang Diamond Tool
Manufacturing Co., Ltd., Danyang Like Tools
Manufacturing Co., Ltd., Danyang NYCL Tools
Manufacturing Co., Ltd., Danyang Tsunda Diamond
Tools Co., Ltd., Guilin Tebon Superhard Material
Co., Ltd., Hangzhou Deer King Industrial and
Trading 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, Hubei
Changjiang Precision Engineering Materials
Technology Co., Ltd., Hubei Sheng Bai Rui
Diamond Tools Co., Ltd., Huzhou Gu’s Import &
Export Co., Ltd., Jiangsu Huachang Diamond Tools
Manufacturing Co., Ltd., Jiangsu Inter-China Group
Corporation, Jiangsu Youhe Tool Manufacturer Co.,
Ltd., Orient Gain International Limited, Pantos
Logistics (HK) Company Limited, Pujiang Talent
Diamond Tools Co., Ltd., Qingdao Hyosung
Diamond Tools Co., Ltd., Qingyuan Shangtai
Diamond Tools Co., Ltd., Qingdao Shinhan
Diamond Industrial Co., Ltd., Quanzhou Zhongzhi
Diamond Tool Co., Ltd., Rizhao Hein Saw Co., Ltd.,
Saint-Gobain Abrasives (Shanghai) Co., Ltd.,
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Verification
As provided in section 782(i) of the
Act, we verified the information
provided by Chengdu Huifeng in this
review of diamond sawblades from
China using standard verification
procedures, including on-site inspection
of the producer/exporter’s facilities and
examination of relevant sales and
financial records. Our verification
results are outlined in the verification
report for Chengdu Huifeng dated
concurrently with this notice.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
and (a)(2) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.213.
Export price is calculated in accordance
with section 772(c) of the Act. Because
China is a non-market economy within
the meaning of section 771(18) of the
Act, normal value has been calculated
in accordance with section 773(c) 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 made available
to the public 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 Preliminary Decision
Memorandum can be found at https://
enforcement.trade.gov/frn/. A list of the
topics discussed in the Preliminary
Decision Memorandum is attached as an
appendix to this notice. The signed and
electronic versions of Preliminary
Decision Memorandum are identical in
content.
Preliminary Results of Administrative
Review
Commerce preliminarily determines
that the following weighted-average
Shanghai Jingquan Industrial Trade Co., Ltd.,
Shanghai Starcraft Tools Co. Ltd., Sino Tools Co.,
Ltd., Wuhan Baiyi Diamond Tools Co., Ltd., Wuhan
Sadia Trading Co., Ltd., Wuhan ZhaoHua
Technology Co., Ltd., Zhenjiang Inter-China Import
& Export Co., Ltd., ZL Diamond Technology Co.,
Ltd., and ZL Diamond Tools Co., Ltd. Although
Shanghai Starcraft Tools Co. Ltd. submitted
comments stating that its shipments listed in the
CBP import data placed on the record by Commerce
were not subject merchandise, we did not treat the
submission as a no-shipment statement and,
therefore, we consider Shanghai Starcraft Tools Co.
Ltd. to be part of the China-wide Entity. See the
‘‘Preliminary Determination of No Shipments’’
section of the Prelminary Decision Memorandum.
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16JAN1
Federal Register / Vol. 85, No. 11 / Thursday, January 16, 2020 / Notices
dumping margins exist for the
administrative review covering the
period November 1, 2017 through
October 31, 2018:
Weightedaverage
dumping
margin
(percent)
Exporter
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Bosun Tools Co., Ltd ..................
Chengdu Huifeng New Material
Technology Co., Ltd ................
Jiangsu Fengtai Single Entity .....
Wuhan Wanbang Laser Diamond Tools Co., Ltd ...............
Xiamen ZL Diamond Technology
Co., Ltd ...................................
Zhejiang Wanli Tools Group Co.,
Ltd ...........................................
0.00
Unless the deadline is extended,
Commerce intends to issue the final
results of these reviews, 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).
Assessment Rates
Upon issuing the final results,
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
0.00
appropriate entries covered by these
21
0.00 reviews. If a respondent’s weightedaverage dumping margin is above de
0.00 minimis (i.e., 0.50 percent) in the final
results of these reviews, we will
calculate an importer-specific
Disclosure
assessment rate on the basis of the ratio
of the total amount of dumping
We intend to disclose calculations
calculated for each importer’s examined
performed in these preliminary results
sales and, where possible, the total
to parties within five days after public
entered value of sales. Specifically,
announcement of the preliminary
Commerce will apply the assessment
results.16
rate calculation method adopted in
Public Comment
Final Modification for Reviews.22 Where
an
importer- (or customer-) specific ad
Pursuant to 19 CFR 351.309(c)(ii),
valorem
rate is zero or de minimis, we
interested parties may submit case briefs
will instruct CBP to liquidate
no later than 30 days after the date of
appropriate entries without regard to
publication of this notice.17 Rebuttal
antidumping duties.23
briefs, limited to issues raised in the
For entries that were not reported in
case briefs, may be filed no later than
the U.S. sales databases submitted by
five days after the date for filing case
exporters individually examined during
briefs.18 Parties who submit case briefs
this review, Commerce will instruct
or rebuttal briefs in this proceeding are
CBP to liquidate such entries at the
encouraged to submit with each
China-wide rate. If Commerce
argument: (1) A statement of the issue;
determines that an exporter under
(2) a brief summary of the argument;
review had no shipments of the subject
19
and (3) a table of authorities.
merchandise, any suspended entries
Interested parties who wish to request that entered under that exporter’s case
a hearing must submit a written request number (i.e., at that exporter’s rate) will
to the Assistant Secretary for
be liquidated at the China-wide rate.24
Enforcement and Compliance, U.S.
We intend to issue assessment
Department of Commerce, filed
instructions to CBP 15 days after the
electronically using ACCESS. An
date of publication of the final results of
electronically filed document must be
these reviews.
received successfully in its entirety by
Cash Deposit Requirements
ACCESS by 5:00 p.m. Eastern Time
within 30 days after the date of
The following cash deposit
publication of this notice.20 Hearing
requirements will be effective upon
requests should contain: (1) The party’s
publication of the final results of these
name, address, and telephone number;
reviews for shipments of the subject
(2) the number of participants; and (3)
merchandise from China entered, or
a list of issues to be discussed. Issues
21 See 19 CFR 351.212(b)(1).
raised in the hearing will be limited to
22 See Antidumping Proceeding: Calculation of
those raised in the respective case
the Weighted-Average Dumping Margin and
briefs.
16 See
0.00
0.00
19 CFR 351.224(b).
19 CFR 351.309(c).
18 See 19 CFR 351.309(d).
19 See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR
351.303 (for general filing requirements).
20 See 19 CFR 351.310(c).
17 See
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17:49 Jan 15, 2020
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Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8103
(February 14, 2012) (Final Modification for
Reviews).
23 See 19 CFR 351.106(c)(2).
24 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65695 (October 24, 2011).
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2707
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by section 751(a)(2)(C)
of the Act: (1) For the subject
merchandise exported by the companies
listed above that have separate rates, the
cash deposit rate will be equal to the
weighted-average dumping margin
established for Chengdu Huifeng in the
final results of this administrative
review; (2) for previously investigated or
reviewed Chinese and non-Chinese
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 exporterspecific rate; (3) for all Chinese
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 China-wide entity; and
(4) for all non-Chinese exporters of
subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
Chinese exporter that supplied that nonChinese 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 these
PORs. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Commerce is issuing and publishing the
preliminary results of this review in
accordance with sections 751(a)(1)(B),
751(a)(3) and 777(i) of the Act, and 19
CFR 351.213 and 351.221(b)(4).
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Federal Register / Vol. 85, No. 11 / Thursday, January 16, 2020 / Notices
Dated: January 9, 2020.
Jeffrey I. Kessler,
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. Verification
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2020–00639 Filed 1–15–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–964]
Seamless Refined Copper Pipe and
Tube From the People’s Republic of
China: Final Results of Antidumping
Duty Administrative Review; 2017–
2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) finds that sales of seamless
refined copper pipe and tube (copper
pipe and tube) from the People’s
Republic of China (China) were made at
less than normal value during the
period of review (POR), November 1,
2017 through October 31, 2018. We
further find that each of the companies
for which an administrative review was
requested, and not withdrawn, failed to
demonstrate eligibility for a separate
rate; therefore, each is part of the Chinawide entity.
DATES: Applicable January 16, 2020.
FOR FURTHER INFORMATION CONTACT:
Maisha Cryor, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5831.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Background
Commerce initiated this review on
February 6, 2019.1 On September 18,
2019, Commerce published the
Preliminary Results of this
administrative review and invited
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
2159 (February 6, 2019) (Initiation Notice).
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17:49 Jan 15, 2020
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interested parties to comment on the
Preliminary Results.2 These final results
of administrative review cover two
companies for which an administrative
review was initiated and not rescinded.3
No party submitted case or rebuttal
briefs.
containing at least 97.5 percent by
weight of copper, provided that the
content by weight of any other element
does not exceed the following limits:
Scope of the Order 4
For the purpose of this order, the
products covered are all seamless
circular refined copper pipes and tubes,
including redraw hollows, greater than
or equal to six inches (152.4 mm) in
length and measuring less than 12.130
inches (308.102 mm) (actual) in outside
diameter (‘‘OD’’), regardless of wall
thickness, bore (e.g., smooth, enhanced
with inner grooves or ridges),
manufacturing process (e.g., hot
finished, cold-drawn, annealed), outer
surface (e.g., plain or enhanced with
grooves, ridges, fins, or gills), end finish
(e.g., plain end, swaged end, flared end,
expanded end, crimped end, threaded),
coating (e.g., plastic, paint), insulation,
attachments (e.g., plain, capped,
plugged, with compression or other
fitting), or physical configuration (e.g.,
straight, coiled, bent, wound on spools).
The scope of this order covers, but is
not limited to, seamless refined copper
pipe and tube produced or comparable
to the American Society for Testing and
Materials (‘‘ASTM’’) ASTM–B42,
ASTM–B68, ASTM–B75, ASTM–B88,
ASTM–B88M, ASTM–B188, ASTM–
B251, ASTM–B251M, ASTM–B280,
ASTM–B302, ASTM–B306, ASTM–359,
ASTM–B743, ASTM–B819, and ASTM–
B903 specifications and meeting the
physical parameters described therein.
Also included within the scope of this
order are all sets of covered products,
including ‘‘line sets’’ of seamless refined
copper tubes (with or without fittings or
insulation) suitable for connecting an
outdoor air conditioner or heat pump to
an indoor evaporator unit. The phrase
‘‘all sets of covered products’’ denotes
any combination of items put up for sale
that is comprised of merchandise
subject to the scope.
‘‘Refined copper’’ is defined as: (1)
Metal containing at least 99.85 percent
by weight of copper; or (2) metal
Ag—Silver .......................
As—Arsenic ....................
Cd—Cadmium ................
Cr—Chromium ................
Mg—Magnesium .............
Pb—Lead ........................
S—Sulfur ........................
Sn—Tin ...........................
Te—Tellurium .................
Zn—Zinc .........................
Zr—Zirconium .................
Other elements (each) ....
2 See Seamless Refined Copper Pipe and Tube
from the People’s Republic of China: Preliminary
Results of Antidumping Duty Administrative
Review and Rescission of Review, in Part; 2017–
2018, 84 FR 49095 (September 18, 2019)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
3 See Preliminary Results, 84 FR at 49096–49097.
4 See Seamless Refined Copper Pipe and Tube
from Mexico and the People’s Republic of China:
Antidumping Duty Orders and Amended Final
Determination of Sales at Less Than Fair Value
from Mexico, 75 FR 71070 (November 20, 2010)
(Order).
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
Element
Limiting content
percent by weight
0.25
0.5
1.3
1.4
0.8
1.5
0.7
0.8
0.8
1.0
0.3
0.3
Excluded from the scope of this order
are all seamless circular hollows of
refined copper less than 12 inches in
length whose OD (actual) exceeds its
length. The products subject to this
order are currently classifiable under
subheadings 7411.10.1030 and
7411.10.1090 of the HTSUS. Products
subject to this order may also enter
under HTSUS subheadings
7407.10.1500, 7419.99.5050,
8415.90.8065, and 8415.90.8085.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of this order is dispositive.
Analysis of Comments Received
No interested party submitted
comments on the Preliminary Results.
Accordingly, Commerce did not modify
its analysis from that presented in the
Preliminary Results, and no decision
memorandum accompanies this Federal
Register notice.5
China-Wide Entity
For the purposes of the final results of
this administrative review, we continue
to find that the Golden Dragon Entity 6
is part of the China-wide entity because:
(1) It failed to respond to Commerce’s
antidumping questionnaire after being
selected as a mandatory respondent; and
(2) we are unable to verify its separate
rate status.7 We also continue to find
that Sinochem Ningbo Import & Export
Co., Ltd. is a part of the China-wide
entity because it did not file a separate
5 For a detailed discussion of Commerce’s
analysis, see Preliminary Results and accompanying
Preliminary Decision Memorandum.
6 The Golden Dragon Entity is a collapsed entity
that encompasses three of the companies initiated
upon in the Initiation Notice, i.e., Golden Dragon
Holding (Hong Kong) International Co., Ltd.,
Golden Dragon Precise Copper Tube Group, Inc.,
and Hong Kong GD Trading Co, Ltd. See
Preliminary Results, 84 FR at 49095.
7 Id.
E:\FR\FM\16JAN1.SGM
16JAN1
]]>Agencies
[Federal Register Volume 85, Number 11 (Thursday, January 16, 2020)]
[Notices]
[Pages 2705-2708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00639]
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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: Preliminary Results of Antidumping Duty Administrative Review
and Preliminary Determination of No Shipments; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that diamond sawblades and parts thereof from the People's Republic of
China (China) were not sold at less than normal value during the period
of review (POR) November 1, 2017 through October 31, 2018. Interested
parties are invited to comment on these preliminary results of review.
DATES: Applicable January 16, 2020.
FOR FURTHER INFORMATION CONTACT: 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) 482-3683.
SUPPLEMENTARY INFORMATION:
Background
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.\1\ Because the
deadlines in administrative reviews are determined based on the last
day of the anniversary month, which, in this case, is November 30,
2018, prior to the beginning of the federal government closure, the
tolling memo applies to this administrative review. As a result, the
revised deadline for the preliminary results of this administrative
review became September 11, 2019. On February 6, 2019, Commerce
initiated the administrative review of the antidumping duty order on
diamond sawblades and parts thereof from China.\2\ The administrative
review covers one mandatory respondent, Chengdu Huifeng New Material
Technology Co., Ltd. (Chengdu Huifeng). On August 14, 2019, Commerce
extended the time limit for issuing the preliminary results of this
review by 120 days, to no later than January 9, 2020.\3\
---------------------------------------------------------------------------
\1\ 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.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 2159 (February 6, 2019).
\3\ See Memorandum, ``Diamond Sawblades and Parts Thereof from
the People's Republic of China: Extension of Time Limit for
Preliminary Results of Antidumping Duty Administrative Review, 2017-
2018,'' dated August 14, 2019.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the antidumping duty order is diamond
sawblades and parts thereof, which is typically imported under heading
8202.39.00.00 of the Harmonized Tariff Schedule of the United States
(HTSUS). When packaged together as a set for retail sale with an item
that is separately classified under headings 8202 to 8205 of the HTSUS,
diamond sawblades or parts thereof may be imported under heading
8206.00.00.00 of the HTSUS. On October 11, 2011, Commerce included the
6804.21.00.00 HTSUS classification number to the customs case reference
file, pursuant to a request by U.S. Customs and Border Protection
(CBP). Pursuant to requests by CBP, Commerce included to the customs
case reference file the following HTSUS classification numbers:
8202.39.0040 and 8202.39.0070 on January 22, 2015, and 6804.21.0010 and
6804.21.0080 on January 26, 2015.
While the HTSUS numbers 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.\4\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Diamond Sawblades and Parts Thereof from
the People's Republic of China: Decision Memorandum for the
Preliminary Results of the Antidumping Duty Administrative Review;
2017-2018,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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[[Page 2706]]
Preliminary Determination of No Shipments
Three 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.\5\ We
requested that CBP report any contrary information.\6\ To date, we have
not received any contrary information from either CBP in response to
our inquiry or any other sources that these companies had any shipments
of the subject merchandise sold to the United States during the POR.\7\
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.\8\
---------------------------------------------------------------------------
\5\ See No-Shipment Letters from Weihai Xiangguang Mechanical
Industrial Co., Ltd., dated March 5, 2019, and from Danyang
Hantronic Import & Export Co., Ltd., and Danyang Weiwang Tools
Manufacturing Co., Ltd., dated March 8, 2019.
\6\ See CBP message numbers 9352317, 9352319 and 9352320, dated
December 18, 2019, available at https://aceservices.cbp.dhs.gov/adcvdweb/.
\7\ See Preliminary Decision Memorandum at 3-4 f.
\8\ See, e.g., Certain Steel Threaded Rod From the People's
Republic of China: Preliminary Results of the Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments;
2018-2019, 84 FR 71900 (December 30, 2019).
---------------------------------------------------------------------------
Separate Rates
Commerce preliminarily determines that six respondents are eligible
to receive separate rates in this review.\9\
---------------------------------------------------------------------------
\9\ See Preliminary Decision Memorandum at 8-10.
---------------------------------------------------------------------------
Separate Rate for Eligible Non-Selected Respondents
Commerce preliminarily determines that the respondents not selected
for individual examination, Bosun Tools Co., Ltd. (Bosun Tools), the
Jiangsu Fengtai Single Entity,\10\ Wuhan Wanbang Laser Diamond Tools
Co., Ltd. (Wuhan Wanbang), Xiamen ZL Diamond Technology Co., Ltd.
(Xiamen ZL), and Zhejiang Wanli Tools Group Co., Ltd. (Zhejiang Wanli),
are eligible to receive a separate rate in the administrative
review.\11\ Consistent with our practice, we assigned to Bosun Tools,
the Jiangsu Fengtai Single Entity, Wuhan Wanbang, Xiamen ZL, and
Zhejiang Wanli the weighted-average margin calculated for Chengdu
Huifeng as the separate rate for the preliminary results of this
review.\12\
---------------------------------------------------------------------------
\10\ 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 Diamond
Sawblades and Parts Thereof from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; 2014-2015,
82 FR 26912, 26913, n.5 (June 12, 2017). We received review requests
for Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd., Jiangsu
Fengtai Diamond Tools Co., Ltd., and Jiangsu Fengtai Tools Co., Ltd.
\11\ See Preliminary Decision Memorandum at 10-11 for more
details.
\12\ Id.
---------------------------------------------------------------------------
China-Wide Entity
Under Commerce's policy regarding the conditional review of the
China-wide entity,\13\ the China-wide entity will not be under review
unless a party specifically requests, or Commerce self-initiates, a
review of the entity. Because no party requested a review of the China-
wide entity in this review, the entity is not under review, and the
entity's rate (i.e., 82.05 percent) is not subject to change.\14\ Aside
from the no-shipment and separate rate companies discussed above,
Commerce considers all other companies for which a review was requested
(which did not file a separate rate application) to be part of the
China-wide entity.\15\
---------------------------------------------------------------------------
\13\ 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).
\14\ 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).
\15\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 1329, 1331-32 (January 11, 2018)
(``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
China-wide entity are: ASHINE Diamond Tools Co., Ltd., Danyang City
Ou Di Ma Tools Co., Ltd., Danyang Huachang Diamond Tool
Manufacturing Co., Ltd., Danyang Like Tools Manufacturing Co., Ltd.,
Danyang NYCL Tools Manufacturing Co., Ltd., Danyang Tsunda Diamond
Tools Co., Ltd., Guilin Tebon Superhard Material Co., Ltd., Hangzhou
Deer King Industrial and Trading 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, Hubei
Changjiang Precision Engineering Materials Technology Co., Ltd.,
Hubei Sheng Bai Rui Diamond Tools Co., Ltd., Huzhou Gu's Import &
Export Co., Ltd., Jiangsu Huachang Diamond Tools Manufacturing Co.,
Ltd., Jiangsu Inter-China Group Corporation, Jiangsu Youhe Tool
Manufacturer Co., Ltd., Orient Gain International Limited, Pantos
Logistics (HK) Company Limited, Pujiang Talent Diamond Tools Co.,
Ltd., Qingdao Hyosung Diamond Tools Co., Ltd., Qingyuan Shangtai
Diamond Tools Co., Ltd., Qingdao Shinhan Diamond Industrial 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 Co. Ltd., Sino
Tools Co., Ltd., Wuhan Baiyi Diamond Tools Co., Ltd., Wuhan Sadia
Trading Co., Ltd., Wuhan ZhaoHua Technology Co., Ltd., Zhenjiang
Inter-China Import & Export Co., Ltd., ZL Diamond Technology Co.,
Ltd., and ZL Diamond Tools Co., Ltd. Although Shanghai Starcraft
Tools Co. Ltd. submitted comments stating that its shipments listed
in the CBP import data placed on the record by Commerce were not
subject merchandise, we did not treat the submission as a no-
shipment statement and, therefore, we consider Shanghai Starcraft
Tools Co. Ltd. to be part of the China-wide Entity. See the
``Preliminary Determination of No Shipments'' section of the
Prelminary Decision Memorandum.
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Act, we verified the
information provided by Chengdu Huifeng in this review of diamond
sawblades from China using standard verification procedures, including
on-site inspection of the producer/exporter's facilities and
examination of relevant sales and financial records. Our verification
results are outlined in the verification report for Chengdu Huifeng
dated concurrently with this notice.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and (a)(2) of the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.213. Export price is calculated in accordance with
section 772(c) of the Act. Because China is a non-market economy within
the meaning of section 771(18) of the Act, normal value has been
calculated in accordance with section 773(c) 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 made available to the
public 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 Preliminary Decision
Memorandum can be found at https://enforcement.trade.gov/frn/. A list of
the topics discussed in the Preliminary Decision Memorandum is attached
as an appendix to this notice. The signed and electronic versions of
Preliminary Decision Memorandum are identical in content.
Preliminary Results of Administrative Review
Commerce preliminarily determines that the following weighted-
average
[[Page 2707]]
dumping margins exist for the administrative review covering the period
November 1, 2017 through October 31, 2018:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Bosun Tools Co., Ltd........................................ 0.00
Chengdu Huifeng New Material Technology Co., Ltd............ 0.00
Jiangsu Fengtai Single Entity............................... 0.00
Wuhan Wanbang Laser Diamond Tools Co., Ltd.................. 0.00
Xiamen ZL Diamond Technology Co., Ltd....................... 0.00
Zhejiang Wanli Tools Group Co., Ltd......................... 0.00
------------------------------------------------------------------------
Disclosure
We intend to disclose calculations performed in these preliminary
results to parties within five days after public announcement of the
preliminary results.\16\
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\16\ See 19 CFR 351.224(b).
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Public Comment
Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit
case briefs no later than 30 days after the date of publication of this
notice.\17\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than five days after the date for filing
case briefs.\18\ 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.\19\
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\17\ See 19 CFR 351.309(c).
\18\ See 19 CFR 351.309(d).
\19\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
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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 ACCESS by 5:00 p.m. Eastern Time within 30 days
after the date of publication of this notice.\20\ 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.
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\20\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Unless the deadline is extended, Commerce intends to issue the
final results of these reviews, 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).
Assessment Rates
Upon issuing the final results, Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries covered by these reviews.\21\ If a respondent's
weighted-average dumping margin is above de minimis (i.e., 0.50
percent) in the final results of these reviews, we will calculate an
importer-specific assessment rate on the basis of the ratio of the
total amount of dumping calculated for each importer's examined sales
and, where possible, the total entered value of sales. Specifically,
Commerce will apply the assessment rate calculation method adopted in
Final Modification for Reviews.\22\ Where an importer- (or customer-)
specific ad valorem rate is zero or de minimis, we will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\23\
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\21\ See 19 CFR 351.212(b)(1).
\22\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012)
(Final Modification for Reviews).
\23\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
For entries that were not reported in the U.S. sales databases
submitted by exporters individually examined during this review,
Commerce will instruct CBP to liquidate such entries at the China-wide
rate. If Commerce 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 China-wide rate.\24\
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\24\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011).
---------------------------------------------------------------------------
We intend to issue assessment instructions to CBP 15 days after the
date of publication of the final results of these reviews.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of these reviews for shipments of the
subject merchandise from China 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 the subject merchandise
exported by the companies listed above that have separate rates, the
cash deposit rate will be equal to the weighted-average dumping margin
established for Chengdu Huifeng in the final results of this
administrative review; (2) for previously investigated or reviewed
Chinese and non-Chinese 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 Chinese 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 China-wide entity; and (4) for all non-Chinese exporters of
subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the Chinese exporter that
supplied that non-Chinese 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 these PORs. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation. Commerce is issuing and publishing the preliminary results
of this review in accordance with sections 751(a)(1)(B), 751(a)(3) and
777(i) of the Act, and 19 CFR 351.213 and 351.221(b)(4).
[[Page 2708]]
Dated: January 9, 2020.
Jeffrey I. Kessler,
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. Verification
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2020-00639 Filed 1-15-20; 8:45 am]
BILLING CODE 3510-DS-P
