Diamond Sawblades and Parts Thereof From the People's Republic of China: Notice of Covered Merchandise Referral and Initiation of Scope Inquiry, 4947-4949 [2020-01433]
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Federal Register / Vol. 85, No. 18 / Tuesday, January 28, 2020 / Notices
Administrative Protective Order (APO)
This notice serves as the only
reminder to parties subject to APO of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a). Timely written
notification of the destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
Notification to Interested Parties
Commerce is issuing and publishing
the final results and notice in
accordance with sections 751(c), 752(b),
and 777(i)(1) of the Act.
Dated: January 22, 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. History of the Order
V. Legal Framework
VI. Discussion of the Issues
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2020–01434 Filed 1–27–20; 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:
Notice of Covered Merchandise
Referral and Initiation of Scope Inquiry
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Pursuant to the Enforce and
Protect Act of 2015 (EAPA), the
Department of Commerce (Commerce)
received a covered merchandise referral
from U.S. Customs and Border
Protection (CBP) in connection with a
CBP EAPA investigation concerning the
antidumping duty order on diamond
sawblades and parts thereof (diamond
sawblades) from the People’s Republic
of China (China). In accordance with
EAPA, Commerce intends to determine
whether the merchandise subject to the
referral is covered by the scope of this
order and promptly transmit its
determination to CBP. Commerce is
providing notice of the referral and
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AGENCY:
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inviting participation from interested
parties.
DATES: Applicable January 28, 2020.
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 February 24, 2016, the Trade
Facilitation and Trade Enforcement Act
of 2015 was signed into law, which
contains Title IV—Prevention of
Evasion of Antidumping and
Countervailing Duty Orders (short title
‘‘Enforce and Protect Act of 2015’’ or
‘‘EAPA’’) (Pub. L. 114–125, 130 Stat.
122, 155, Feb. 24, 2016). Effective
August 22, 2016, section 421 of the
EAPA added section 517 to the Tariff
Act of 1930, as amended (the Act),
which establishes a formal process for
CBP to investigate allegations of the
evasion of antidumping duty and/or
countervailing duty orders. Section
517(b)(4)(A) of the Act provides that if,
during the course of an EAPA
investigation, CBP is unable to
determine whether the merchandise at
issue is covered merchandise within the
meaning of section 517(a)(3) of the Act,
it shall refer the matter to Commerce to
make such a determination. Section
517(a)(3) of the Act defines covered
merchandise as merchandise that is
subject to an antidumping duty order
issued under section 736 of the Act or
a countervailing duty order issued
under section 706 of the Act. Section
517(b)(4)(B) of the Act states that
Commerce, after receiving a covered
merchandise referral from CBP, shall
determine whether the merchandise is
covered merchandise and promptly
transmit its determination to CBP. The
Act does not establish a deadline within
which Commerce must issue its
determination.
On September 26, 2019, Commerce
received a covered merchandise referral
from CBP regarding CBP EAPA
Investigation No. 7250,1 which concerns
the antidumping duty order on diamond
1 See
CBP’s Letter, ‘‘Covered Merchandise
Referral Request for Merchandise under EAPA
Investigation 7250, Imported by Lyke Industrial
Tool, LLC, and Concerning the Investigation of
Evasion of the Antidumping Duty Order on
Diamond Sawblades and Parts Thereof from the
People’s Republic of China (A–570–900),’’ dated
September 19, 2019. Commerce intends to make
available this document and any supporting
documents on Enforcement and Compliance’s
Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS)
within five days of publication of this notice.
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4947
sawblades from China. CBP explained
that the petitioner’s allegation involves
diamond sawblades from China
transshipped through Thailand and
imported by Lyke Industrial Tool, LLC
(Lyke). In response to the petitioner’s
allegation, CBP requested and obtained
information from Lyke and Lyke’s
supplier of cores and segments, Like
Tools Co. Ltd. (Like Thailand). CBP has
requested that Commerce issue a
determination as to whether the
following categories of diamond
sawblades are covered merchandise
subject to the antidumping duty order:
Category 1: Core sourced from Thailand;
segments from China; joined in
Thailand.
Category 2: Core and segments both
sourced from China; joined in
Thailand.
Category 3: Core sourced from China;
segments from Thailand; joined in
Thailand.
In addition, on September 6, 2019,
Lyke requested a scope ruling with
respect to certain diamond sawblades
that Lyke imported from Thailand.2
Specifically, Lyke requested that
Commerce determine whether diamond
sawblades made by Like Thailand using
Thai segments (regardless of the origin
of the cores) are outside the scope of the
antidumping duty order on diamond
sawblades from China.3 On September
19, 2019, the petitioner filed a response
letter in opposition to Lyke’s scope
request.4 We extended the time period
for issuing a scope ruling or initiating a
formal scope inquiry to January 21,
2020.5
Notification to Interested Parties
Commerce is hereby notifying
interested parties that it has received the
covered merchandise referral referenced
above and will begin a new segment of
the proceeding by initiating a scope
inquiry concerning the merchandise
imported by Lyke that were supplied by
Like Thailand, in accordance with 19
CFR 351.225(b). Based on our finding in
that scope inquiry, we intend to notify
CBP as to whether the merchandise
subject to the referral is covered
merchandise within the meaning of
2 See Lyke’s Letter, ‘‘Diamond Sawblades and
Parts Thereof from The People’s Republic of China:
Scope Inquiry Request,’’ dated September 6, 2019.
3 See Diamond Sawblades and Parts Thereof from
the People’s Republic of China and the Republic of
Korea: Antidumping Duty Orders, 74 FR 57145
(November 4, 2009).
4 See Petitioner’s Letter, ‘‘Diamond Sawblades
and Parts Thereof from the People’s Republic of
China: Response to Request for Scope Ruling,’’
dated September 19, 2019. The petitioner is
Diamond Sawblades Manufacturers’ Coalition.
5 See Commerce’s Letters to All Interested Parties
dated October 21, 2019, and December 5, 2019.
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Federal Register / Vol. 85, No. 18 / Tuesday, January 28, 2020 / Notices
section 517(a)(3) of the Act. Because the
merchandise in Lyke’s scope request
overlaps with Category 3 above,
information contained in Lyke’s scope
request will be incorporated into this
new segment of the proceeding and
considered in the context of the scope
inquiry, which will cover all three
categories of diamond sawblades
described in the EAPA referral.
Additionally, Commerce intends to
provide interested parties with the
opportunity to participate in this
segment of the proceeding, including
through the submission of comments,
and, if appropriate, new factual
information and verification.
Specifically, Commerce will notify
parties on the segment-specific service
list for this segment of the proceeding of
a schedule for comments. In addition,
Commerce may request factual
information from any party to assist in
making its determination, including
soliciting information directly from
Lyke and Like Thailand to conduct our
analysis, and may verify submissions of
factual information, if Commerce
determines that such verification is
appropriate. Commerce intends to issue
a final determination within 120 days of
the publication of this notice (this
deadline may be extended if it is not
practicable to complete the final
determination within 120 days) and will
promptly transmit its final
determination to CBP in accordance
with section 517(b)(4)(B) of the Act.
Commerce may consider conducting a
separate anti-circumvention inquiry
regarding the merchandise described in
CBP’s covered merchandise referral, if
parties submit the necessary
information addressing the criteria for
an anti-circumvention inquiry in
accordance with section 781 of the Act.
Interested parties are requested to file
such comments and information onto
the record of this proceeding within 30
days of the publication of this notice in
the Federal Register.
Interested parties that wish to
participate in the scope inquiry being
initiated now, and receive notice of the
final determination, must submit their
letters of appearance as discussed
below. Further, any party desiring
access to business proprietary
information in this segment of the
proceeding must file an application for
access to business proprietary
information under administrative
protective order (APO), as discussed
below.
Finally, we note that scope inquiries
initiated in response to a CBP covered
merchandise referral are a new type of
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17:02 Jan 27, 2020
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proceeding at Commerce.6 Commerce
intends to develop its practice and
procedures in this area as it gains more
experience.
Scope of the Order
For a complete description of the
scope of the orders, see the Appendix to
this notice.
Filing Requirements
All submissions to Commerce must be
filed electronically using ACCESS.7 An
electronically filed document must be
received successfully in its entirety by
the time and date it is due. Documents
exempted from the electronic
submission requirements must be filed
manually (i.e., in paper form) with
Enforcement and Compliance’s APO/
Dockets Unit, Room 18022, U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, and stamped with the date of
receipt by the applicable deadlines.
Letters of Appearance and APO
Interested parties that wish to
participate in this segment of the
proceeding and be added to the public
service list for this segment of the
proceeding must file a letter of
appearance in accordance with 19 CFR
351.103(d)(1), with one exception: The
parties publicly identified by CBP in the
covered merchandise referral
(referenced above) are not required to
submit a letter of appearance, and will
be added to the public service list for
this segment of the proceeding by
Commerce.
Within 24 hours of this notice being
signed, Commerce placed a request for
an APO segment on the record 8 and
established an APO segment for use in
this proceeding. Commerce intends to
place the business proprietary versions
of the documents contained in the
covered merchandise referral on the
record of this proceeding in ACCESS
6 We initiated one such proceeding recently. See
Certain Hardwood Plywood From the People’s
Republic of China: Notice of Covered Merchandise
Referral and Initiation of Scope Inquiry, 85 FR 3024
(January 17, 2020).
7 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011), as amended in Enforcement
and Compliance; Change of Electronic Filing
System Name, 79 FR 69046 (November 20, 2014),
for details of Commerce’s electronic filing
requirements. Information on help using ACCESS
can be found at https://access.trade.gov/help.aspx
and a handbook can be found at https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
8 See Memorandum, ‘‘Diamond Sawblades and
Parts Thereof from the People’s Republic of China:
APO Request,’’ dated January 21, 2020.
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within five days of publication of this
notice.
Interested parties must submit
applications for disclosure under the
APO in accordance with the procedures
outlined in Commerce’s regulations at
19 CFR 351.305. Those procedures
apply to this segment of the proceeding,
with one exception: APO applicants
representing the parties that have been
identified by CBP as an importer in the
covered merchandise referral
(referenced above) are exempt from the
additional filing requirements for
importers pursuant to 19 CFR
351.305(d).
Dated: January 21, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Scope of the Order
The products covered by the order are all
finished circular sawblades, whether slotted
or not, with a working part that is comprised
of a diamond segment or segments, and parts
thereof, regardless of specification or size,
except as specifically excluded below.
Within the scope of the order are semifinished diamond sawblades, including
diamond sawblade cores and diamond
sawblade segments. Diamond sawblade cores
are circular steel plates, whether or not
attached to non-steel plates, with slots.
Diamond sawblade cores are manufactured
principally, but not exclusively, from alloy
steel. A diamond sawblade segment consists
of a mixture of diamonds (whether natural or
synthetic, and regardless of the quantity of
diamonds) and metal powders (including,
but not limited to, iron, cobalt, nickel,
tungsten carbide) that are formed together
into a solid shape (from generally, but not
limited to, a heating and pressing process).
Sawblades with diamonds directly
attached to the core with a resin or
electroplated bond, which thereby do not
contain a diamond segment, are not included
within the scope of the order. Diamond
sawblades and/or sawblade cores with a
thickness of less than 0.025 inches, or with
a thickness greater than 1.1 inches, are
excluded from the scope of the order.
Circular steel plates that have a cutting edge
of non-diamond material, such as external
teeth that protrude from the outer diameter
of the plate, whether or not finished, are
excluded from the scope of the order.
Diamond sawblade cores with a Rockwell C
hardness of less than 25 are excluded from
the scope of the order. Diamond sawblades
and/or diamond segment(s) with diamonds
that predominantly have a mesh size number
greater than 240 (such as 250 or 260) are
excluded from the scope of the order.
Merchandise subject to the order is
typically imported under heading
8202.39.00.00 of the Harmonized Tariff
Schedule of the United States (HTSUS).
When packaged together as a set for retail
sale with an item that is separately classified
under headings 8202 to 8205 of the HTSUS,
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Federal Register / Vol. 85, No. 18 / Tuesday, January 28, 2020 / Notices
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.9 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, 2015.10
The tariff classification is provided for
convenience and customs purposes;
however, the written description of the scope
of the order is dispositive.
[FR Doc. 2020–01433 Filed 1–27–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF DEFENSE
Department of the Air Force
[Docket ID: USAF–2018–HQ–0004]
Submission for OMB Review;
Comment Request
AGENCY:
Department of the Air Force,
DoD.
ACTION:
30-Day information collection
notice.
The Department of Defense
has submitted to OMB for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act.
DATES: Consideration will be given to all
comments received by February 27,
2020.
ADDRESSES: Comments and
recommendations on the proposed
information collection should be
emailed to Ms. Jasmeet Seehra, DoD
Desk Officer, at oira_submission@
omb.eop.gov. Please identify the
proposed information collection by DoD
Desk Officer, Docket ID number, and
title of the information collection.
FOR FURTHER INFORMATION CONTACT:
Angela James, 571–372–7574, or
whs.mc-alex.esd.mbx.dd-dodinformation-collections@mail.mil.
SUPPLEMENTARY INFORMATION:
Title; Associated Form; and OMB
Number: Air Force Recruiting.
Information Support System—Total
Force (AFRISS–TF); OMB Control
Number 0701–0150.
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
9 See Diamond Sawblades and Parts Thereof from
the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review, 76 FR
76128 (December 6, 2011).
10 See 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) and
accompanying Issues and Decision Memorandum at
3.
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17:02 Jan 27, 2020
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Type of Request: Reinstatement with
change.
Number of Respondents: 100,000.
Responses per Respondent: 15.
Annual Responses: 1,500,000.
Average Burden per Response: 3
hours.
Annual Burden Hours: 4,500,000.
Needs and Uses: Recruiting requires
the collection of specific information on
prospective Air Force, Air National
Guard, and Air Force Reserve Command
enlistees, officers, and health profession
personnel entering into duty. The
information is used to create the initial
personnel record that is used to
prescreen and qualify enlistees, line
officers, and health professionals fit for
service and ultimately induction into
one of the three Air Force commands.
The information is also collected to
process security clearances for those
individuals requiring clearances for
sensitive and classified positions. The
respondents are recruiting applicants of
the Air Force who may seek more
information or request copies of their
personal information. The collection
instrument is by various forms as
applicable. Form names and numbers
are listed in accompanying System of
Record Notice. Collections instruments
are completed by applicants and
recruiters into the system of record as
applicable to their recruiting and
application purposes. Forms are
collected by recruiters after completion
by the applicants. All completed
instruments of collection reside in the
system of record which has safeguards
in place to protect privacy information.
The end result of a successful
information collection is the successful
accession of an applicant in the Air
Force and the safe keeping of said
applicant’s personal information.
Affected Public: Individuals or
Households.
Frequency: On occasion.
Respondent’s Obligation: Required to
Obtain or Retain Benefits.
OMB Desk Officer: Ms. Jasmeet
Seehra.
You may also submit comments and
recommendations, identified by Docket
ID number and title, by the following
method:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name, Docket
ID number, and title for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the internet at https://
www.regulations.gov as they are
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4949
received without change, including any
personal identifiers or contact
information.
DOD Clearance Officer: Ms. Angela
James.
Requests for copies of the information
collection proposal should be sent to
Ms. James at whs.mc-alex.esd.mbx.dddod-information-collections@mail.mil.
Dated: January 23, 2020.
Morgan E. Park,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2020–01394 Filed 1–27–20; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD–2020–OS–0014]
Privacy Act of 1974; System of
Records
Office of the Secretary,
Department of Defense (DoD).
ACTION: Notice of a modified System of
Records.
AGENCY:
The Office of the Secretary of
Defense (OSD) is modifying an existing
System of Records, Defense Civilian
Personnel Data System (DCPDS), DPR
34 DoD, by changing the system name
and number to the Defense Civilian
Human Resource Management System
(DCHRMS), DHRA 23 DoD. The
DCHRMS serves as the Department’s
enterprise civilian human resources
(HR) automated system and supports
one-third of the Federal work force. The
Defense Civilian Personnel Advisory
Service will manage the development,
deployment, and administration of the
DCHRMS operation. DCHRMS’
operational activities will include the
processing of all personnel transactions,
position management, providing
workforce analysis and reporting for the
DoD and external government agencies,
support for health insurance programs,
managing benefits, performance
management and reporting certification
and training. DCHRMS will support the
entire civilian HR life cycle, with
transactions and information reflecting
acquiring, assigning, training and
development, sustaining and managing
HR compensation, managing
organizations, supporting benefits
management, and separation or
termination of civilian personnel.
DATES: This System of Records
modification is effective upon
publication; however, comments on the
Routine Uses will be accepted on or
before February 27, 2020. The Routine
SUMMARY:
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Agencies
[Federal Register Volume 85, Number 18 (Tuesday, January 28, 2020)]
[Notices]
[Pages 4947-4949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01433]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-900]
Diamond Sawblades and Parts Thereof From the People's Republic of
China: Notice of Covered Merchandise Referral and Initiation of Scope
Inquiry
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Pursuant to the Enforce and Protect Act of 2015 (EAPA), the
Department of Commerce (Commerce) received a covered merchandise
referral from U.S. Customs and Border Protection (CBP) in connection
with a CBP EAPA investigation concerning the antidumping duty order on
diamond sawblades and parts thereof (diamond sawblades) from the
People's Republic of China (China). In accordance with EAPA, Commerce
intends to determine whether the merchandise subject to the referral is
covered by the scope of this order and promptly transmit its
determination to CBP. Commerce is providing notice of the referral and
inviting participation from interested parties.
DATES: Applicable January 28, 2020.
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 February 24, 2016, the Trade Facilitation and Trade Enforcement
Act of 2015 was signed into law, which contains Title IV--Prevention of
Evasion of Antidumping and Countervailing Duty Orders (short title
``Enforce and Protect Act of 2015'' or ``EAPA'') (Pub. L. 114-125, 130
Stat. 122, 155, Feb. 24, 2016). Effective August 22, 2016, section 421
of the EAPA added section 517 to the Tariff Act of 1930, as amended
(the Act), which establishes a formal process for CBP to investigate
allegations of the evasion of antidumping duty and/or countervailing
duty orders. Section 517(b)(4)(A) of the Act provides that if, during
the course of an EAPA investigation, CBP is unable to determine whether
the merchandise at issue is covered merchandise within the meaning of
section 517(a)(3) of the Act, it shall refer the matter to Commerce to
make such a determination. Section 517(a)(3) of the Act defines covered
merchandise as merchandise that is subject to an antidumping duty order
issued under section 736 of the Act or a countervailing duty order
issued under section 706 of the Act. Section 517(b)(4)(B) of the Act
states that Commerce, after receiving a covered merchandise referral
from CBP, shall determine whether the merchandise is covered
merchandise and promptly transmit its determination to CBP. The Act
does not establish a deadline within which Commerce must issue its
determination.
On September 26, 2019, Commerce received a covered merchandise
referral from CBP regarding CBP EAPA Investigation No. 7250,\1\ which
concerns the antidumping duty order on diamond sawblades from China.
CBP explained that the petitioner's allegation involves diamond
sawblades from China transshipped through Thailand and imported by Lyke
Industrial Tool, LLC (Lyke). In response to the petitioner's
allegation, CBP requested and obtained information from Lyke and Lyke's
supplier of cores and segments, Like Tools Co. Ltd. (Like Thailand).
CBP has requested that Commerce issue a determination as to whether the
following categories of diamond sawblades are covered merchandise
subject to the antidumping duty order:
---------------------------------------------------------------------------
\1\ See CBP's Letter, ``Covered Merchandise Referral Request for
Merchandise under EAPA Investigation 7250, Imported by Lyke
Industrial Tool, LLC, and Concerning the Investigation of Evasion of
the Antidumping Duty Order on Diamond Sawblades and Parts Thereof
from the People's Republic of China (A-570-900),'' dated September
19, 2019. Commerce intends to make available this document and any
supporting documents on Enforcement and Compliance's Antidumping
Duty and Countervailing Duty Centralized Electronic Service System
(ACCESS) within five days of publication of this notice.
Category 1: Core sourced from Thailand; segments from China; joined in
Thailand.
Category 2: Core and segments both sourced from China; joined in
Thailand.
Category 3: Core sourced from China; segments from Thailand; joined in
Thailand.
In addition, on September 6, 2019, Lyke requested a scope ruling
with respect to certain diamond sawblades that Lyke imported from
Thailand.\2\ Specifically, Lyke requested that Commerce determine
whether diamond sawblades made by Like Thailand using Thai segments
(regardless of the origin of the cores) are outside the scope of the
antidumping duty order on diamond sawblades from China.\3\ On September
19, 2019, the petitioner filed a response letter in opposition to
Lyke's scope request.\4\ We extended the time period for issuing a
scope ruling or initiating a formal scope inquiry to January 21,
2020.\5\
---------------------------------------------------------------------------
\2\ See Lyke's Letter, ``Diamond Sawblades and Parts Thereof
from The People's Republic of China: Scope Inquiry Request,'' dated
September 6, 2019.
\3\ See Diamond Sawblades and Parts Thereof from the People's
Republic of China and the Republic of Korea: Antidumping Duty
Orders, 74 FR 57145 (November 4, 2009).
\4\ See Petitioner's Letter, ``Diamond Sawblades and Parts
Thereof from the People's Republic of China: Response to Request for
Scope Ruling,'' dated September 19, 2019. The petitioner is Diamond
Sawblades Manufacturers' Coalition.
\5\ See Commerce's Letters to All Interested Parties dated
October 21, 2019, and December 5, 2019.
---------------------------------------------------------------------------
Notification to Interested Parties
Commerce is hereby notifying interested parties that it has
received the covered merchandise referral referenced above and will
begin a new segment of the proceeding by initiating a scope inquiry
concerning the merchandise imported by Lyke that were supplied by Like
Thailand, in accordance with 19 CFR 351.225(b). Based on our finding in
that scope inquiry, we intend to notify CBP as to whether the
merchandise subject to the referral is covered merchandise within the
meaning of
[[Page 4948]]
section 517(a)(3) of the Act. Because the merchandise in Lyke's scope
request overlaps with Category 3 above, information contained in Lyke's
scope request will be incorporated into this new segment of the
proceeding and considered in the context of the scope inquiry, which
will cover all three categories of diamond sawblades described in the
EAPA referral.
Additionally, Commerce intends to provide interested parties with
the opportunity to participate in this segment of the proceeding,
including through the submission of comments, and, if appropriate, new
factual information and verification. Specifically, Commerce will
notify parties on the segment-specific service list for this segment of
the proceeding of a schedule for comments. In addition, Commerce may
request factual information from any party to assist in making its
determination, including soliciting information directly from Lyke and
Like Thailand to conduct our analysis, and may verify submissions of
factual information, if Commerce determines that such verification is
appropriate. Commerce intends to issue a final determination within 120
days of the publication of this notice (this deadline may be extended
if it is not practicable to complete the final determination within 120
days) and will promptly transmit its final determination to CBP in
accordance with section 517(b)(4)(B) of the Act.
Commerce may consider conducting a separate anti-circumvention
inquiry regarding the merchandise described in CBP's covered
merchandise referral, if parties submit the necessary information
addressing the criteria for an anti-circumvention inquiry in accordance
with section 781 of the Act. Interested parties are requested to file
such comments and information onto the record of this proceeding within
30 days of the publication of this notice in the Federal Register.
Interested parties that wish to participate in the scope inquiry
being initiated now, and receive notice of the final determination,
must submit their letters of appearance as discussed below. Further,
any party desiring access to business proprietary information in this
segment of the proceeding must file an application for access to
business proprietary information under administrative protective order
(APO), as discussed below.
Finally, we note that scope inquiries initiated in response to a
CBP covered merchandise referral are a new type of proceeding at
Commerce.\6\ Commerce intends to develop its practice and procedures in
this area as it gains more experience.
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\6\ We initiated one such proceeding recently. See Certain
Hardwood Plywood From the People's Republic of China: Notice of
Covered Merchandise Referral and Initiation of Scope Inquiry, 85 FR
3024 (January 17, 2020).
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Scope of the Order
For a complete description of the scope of the orders, see the
Appendix to this notice.
Filing Requirements
All submissions to Commerce must be filed electronically using
ACCESS.\7\ An electronically filed document must be received
successfully in its entirety by the time and date it is due. Documents
exempted from the electronic submission requirements must be filed
manually (i.e., in paper form) with Enforcement and Compliance's APO/
Dockets Unit, Room 18022, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, and stamped with the date
of receipt by the applicable deadlines.
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\7\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011), as amended in Enforcement
and Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements. Information on help using ACCESS can be found at
https://access.trade.gov/help.aspx and a handbook can be found at
https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Letters of Appearance and APO
Interested parties that wish to participate in this segment of the
proceeding and be added to the public service list for this segment of
the proceeding must file a letter of appearance in accordance with 19
CFR 351.103(d)(1), with one exception: The parties publicly identified
by CBP in the covered merchandise referral (referenced above) are not
required to submit a letter of appearance, and will be added to the
public service list for this segment of the proceeding by Commerce.
Within 24 hours of this notice being signed, Commerce placed a
request for an APO segment on the record \8\ and established an APO
segment for use in this proceeding. Commerce intends to place the
business proprietary versions of the documents contained in the covered
merchandise referral on the record of this proceeding in ACCESS within
five days of publication of this notice.
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\8\ See Memorandum, ``Diamond Sawblades and Parts Thereof from
the People's Republic of China: APO Request,'' dated January 21,
2020.
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Interested parties must submit applications for disclosure under
the APO in accordance with the procedures outlined in Commerce's
regulations at 19 CFR 351.305. Those procedures apply to this segment
of the proceeding, with one exception: APO applicants representing the
parties that have been identified by CBP as an importer in the covered
merchandise referral (referenced above) are exempt from the additional
filing requirements for importers pursuant to 19 CFR 351.305(d).
Dated: January 21, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The products covered by the order are all finished circular
sawblades, whether slotted or not, with a working part that is
comprised of a diamond segment or segments, and parts thereof,
regardless of specification or size, except as specifically excluded
below. Within the scope of the order are semi-finished diamond
sawblades, including diamond sawblade cores and diamond sawblade
segments. Diamond sawblade cores are circular steel plates, whether
or not attached to non-steel plates, with slots. Diamond sawblade
cores are manufactured principally, but not exclusively, from alloy
steel. A diamond sawblade segment consists of a mixture of diamonds
(whether natural or synthetic, and regardless of the quantity of
diamonds) and metal powders (including, but not limited to, iron,
cobalt, nickel, tungsten carbide) that are formed together into a
solid shape (from generally, but not limited to, a heating and
pressing process).
Sawblades with diamonds directly attached to the core with a
resin or electroplated bond, which thereby do not contain a diamond
segment, are not included within the scope of the order. Diamond
sawblades and/or sawblade cores with a thickness of less than 0.025
inches, or with a thickness greater than 1.1 inches, are excluded
from the scope of the order. Circular steel plates that have a
cutting edge of non-diamond material, such as external teeth that
protrude from the outer diameter of the plate, whether or not
finished, are excluded from the scope of the order. Diamond sawblade
cores with a Rockwell C hardness of less than 25 are excluded from
the scope of the order. Diamond sawblades and/or diamond segment(s)
with diamonds that predominantly have a mesh size number greater
than 240 (such as 250 or 260) are excluded from the scope of the
order.
Merchandise subject to the order is typically imported under
heading 8202.39.00.00 of the Harmonized Tariff Schedule of the
United States (HTSUS). When packaged together as a set for retail
sale with an item that is separately classified under headings 8202
to 8205 of the HTSUS,
[[Page 4949]]
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.\9\ 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.\10\
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\9\ See Diamond Sawblades and Parts Thereof from the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative
Review, 76 FR 76128 (December 6, 2011).
\10\ See 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) and accompanying
Issues and Decision Memorandum at 3.
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The tariff classification is provided for convenience and
customs purposes; however, the written description of the scope of
the order is dispositive.
[FR Doc. 2020-01433 Filed 1-27-20; 8:45 am]
BILLING CODE 3510-DS-P