Diamond Sawblades and Parts Thereof From the People's Republic of China: Notice of Covered Merchandise Referral and Initiation of Scope Inquiry, 11951-11953 [2020-04118]
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Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Notices
COMMISSION ON CIVIL RIGHTS
Sunshine Act Meeting Notice
United States.
Notice of Commission
subcommittee meeting.
AGENCY:
ACTION:
Wednesday March 3, 2020,
12:00–1:30 p.m. ET.
ADDRESSES: Meeting to take place by
telephone.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION: This
business meeting is open to the public
by telephone only: 1–800–353–6461,
Conference ID 337–1130. Persons with
disabilities who are requesting an
accommodation for the call should
contact Pamela Dunston at (202) 376–
8105 or at access@usccr.gov at least
three (3) business days before the
scheduled date of the meeting.
DATES:
Meeting Agenda
I. Approval of Agenda
II. Subcommittee Meeting: Roundtable
to discuss business practices with
employers and staff officials
regarding workers with disabilities
at a variety of work sites in Virgina.
• Opening Statements by roundtable
participants
• Commissioner Questions
III. Adjourn Meeting.
Dated: February 26, 2020.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2020–04233 Filed 2–26–20; 4:15 pm]
BILLING CODE P
COMMISSION ON CIVIL RIGHTS
Sunshine Act Meeting Notice
United States Commission on
Civil Rights.
ACTION: Notice of Commission
subcommittee meeting.
AGENCY:
II. Subcommittee Meeting: Roundtable
to discuss business practices with
employers and staff officials
regarding workers with disabilities
at a variety of work sites in Vermont
• Opening Statements by roundtable
participants
• Commissioner Questions
III. Adjourn Meeting
Dated: February 26, 2020.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2020–04234 Filed 2–26–20; 4:15 pm]
BILLING CODE 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
inviting participation from interested
parties.
AGENCY:
DATES:
Wednesday March 4, 2020, 1:00–
2:30 p.m. ET.
ADDRESSES: Meeting to take place by
telephone.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION: This
business meeting is open to the public
by telephone only: 1–800–353–6461,
Conference ID 601–0676. Persons with
disabilities who are requesting an
accommodation for the call should
contact Pamela Dunston at (202) 376–
8105 or at access@usccr.gov at least
three (3) business days before the
scheduled date of the meeting.
jbell on DSKJLSW7X2PROD with NOTICES
DATES:
Meeting Agenda
I. Approval of Agenda
VerDate Sep<11>2014
17:27 Feb 27, 2020
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Applicable February 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.
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11951
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 December 17, 2019, Commerce
received a covered merchandise referral
from CBP regarding CBP EAPA
Investigation No. 7354,1 which concerns
the antidumping duty order on diamond
sawblades from China.2 CBP explained
that the petitioner’s allegation involves
diamond sawblades from China
transshipped through Canada in one of
the two channels of transshipment
below:
Channel 1: Produced and exported by
Protech Diamond Tools Inc. (Protech)
and imported by Gogo International,
Inc. (Gogo).
Channel 2: Produced by Protech and
exported by Gogo.
CBP requested and obtained
information from Gogo. CBP has
requested that Commerce issue a
determination as to whether the
following categories of diamond
1 See CBP’s Letter, ‘‘Covered Merchandise
Referral Request for EAPA Investigation 7354,
Imported by Gogo International, Inc., 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 December 17, 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.
2 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) (order).
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Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Notices
sawblades exported through either one
of the two channels are covered
merchandise subject to the antidumping
duty order:
Category 1: Core and segments both
sourced from China; joined in Canada.
Category 2: Core sourced from China
and segments not sourced from China;
joined in Canada.
Category 3: Segments sourced from
China and core not sourced from
China; joined in Canada.
On February 20, 2020, Commerce
published the affirmative final
determination of the anti-circumvention
inquiry on the antidumping duty order
on diamond sawblades from China.3 In
the Final Determination, Commerce
found that diamond sawblades
produced in Canada by Protech with
cores and segments produced in China
and subsequently exported from Canada
by Protech to the United States were
circumventing the antidumping duty
order.4 The Final Determination covers
Category 1 exported through Channel 1.
jbell on DSKJLSW7X2PROD with NOTICES
Notification to Interested Parties
In accordance with 19 CFR
351.225(b), 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 covered under all
categories and exported through either
one of the two channels, with the
exception of Category 1 exported
through Channel 1, which is covered by
the Final Determination. Based on our
finding in the scope inquiry, we intend
to notify CBP as to whether the
merchandise subject to the referral is
covered merchandise within the
meaning of section 517(a)(3) of the Act.
We will inform CBP of our Final
Determination which covers
merchandise under Category 1 exported
through Channel 1.
Additionally, Commerce intends to
provide interested parties with the
opportunity to participate in this
segment of the proceeding, including
through the submission of comments,
3 See Diamond Sawblades and Parts Thereof from
the People’s Republic of China: Final Determination
of Anti-Circumvention Inquiry, 85 FR 9737
(February 20, 2020) (Final Determination).
4 Id., 85 FR at 9738–39. As explained in the Final
Determination, because Protech failed to cooperate
with Commerce’s request for information in that
anti-circumvention inquiry, Commerce found that
Protech is not currently able to identify diamond
sawblades produced with non-Chinese origin cores
and/or non-Chinese origin segments. Accordingly,
Commerce did not implement a certification
process for Protech and is requiring cash deposits
on all entries of diamond sawblades produced and
exported by Protech in Canada. Id., 85 FR at 9739.
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17:27 Feb 27, 2020
Jkt 250001
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
Protech and Gogo 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,
with the exception of the merchandise
already determined to have been
circumventing the order in the Final
Determination, 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.5 Commerce
intends to develop its practice and
procedures in this area as it gains more
experience.
5 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); Diamond
Sawblades and Parts Thereof from the People’s
Republic of China: Notice of Covered Merchandise
Referral and Initiation of Scope Inquiry, 85 FR 4947
(January 28, 2020).
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Scope of the Order
For a complete description of the
scope of the order, see the Appendix to
this notice.
Filing Requirements
All submissions to Commerce must be
filed electronically using ACCESS.6 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 7 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.
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
6 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.
7 See Memorandum, ‘‘Diamond Sawblades and
Parts Thereof from the People’s Republic of China:
APO Request,’’ dated concurrently with this notice.
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Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Notices
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: February 24, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–04118 Filed 2–27–20; 8:45 am]
BILLING CODE 3510–DS–P
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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,
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.8 Pursuant to
8 See Diamond Sawblades and Parts Thereof from
the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review, 76 FR
76128 (December 6, 2011).
VerDate Sep<11>2014
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, 2015.9
The tariff classification is provided for
convenience and customs purposes;
however, the written description of the scope
of the order is dispositive.
17:27 Feb 27, 2020
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–106]
Wooden Cabinets and Vanities and
Components Thereof From the
People’s Republic of China: Final
Affirmative Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that wooden
cabinets and vanities and components
thereof (wooden cabinets and vanities)
from the People’s Republic of China
(China) are being, or are likely to be,
sold in the United States at less than fair
value (LTFV). The final weightedaverage dumping margins are listed in
the ‘‘Final Determination Margins’’
section of this notice.
AGENCY:
Applicable February 28, 2020.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta, Rachel Greenberg, or
Eliza Siordia, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2593,
(202) 482–0652, or (202) 482–3878,
respectively.
DATES:
11953
November 14, 2019, Commerce
published the Amended Preliminary
Determination.2 The petitioner is the
American Kitchen Cabinet Alliance. The
mandatory respondents in this
investigation are The Ancientree
Cabinet Co., Ltd. (Ancientree), Dalian
Meisen Woodworking Co., Ltd.
(Meisen), and Rizhao Foremost
Woodwork Manufacturing Co., Ltd.
(Foremost).
A summary of the events that
occurred since Commerce published the
Amended Preliminary Determination, as
well as a full discussion of the issues
raised by parties for this final
determination, are discussed in the
Issues and Decision Memorandum.3 The
Issues and Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and to all
parties in the Central Records Unit,
Room B8024 of the main Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum is available at https://
enforcement.trade.gov/frn/.
The signed and electronic versions of
the Issues and Decision Memorandum
are identical in content.
Period of Investigation
The period of investigation is July 1,
2018 through December 31, 2018.
Scope of the Investigation
The scope of the investigation covers
wooden cabinets and vanities from
China. For a complete description of the
scope of the investigation, see Appendix
I.
Scope Comments
On October 2, 2019, Commerce issued
a Preliminary Scope Decision
SUPPLEMENTARY INFORMATION:
Background
On October 9, 2019, Commerce
published the Preliminary
Determination in this investigation.1 On
9 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.
1 See Wooden Cabinets and Vanities and
Components Thereof from the People’s Republic of
China: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Postponement of
Final Determination and Extension of Provisional
Measures, 84 FR 54106 (October 9, 2019)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum, as corrected by
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Wooden Cabinets and Vanities and Components
Thereof from the People’s Republic of China:
Preliminary Affirmative Determination of Sales at
Less than Fair Value, Postponement of Final
Determination and Extension of Provisional
Measures, 84 FR 56420 (October 22, 2019).
2 See Wooden Cabinets and Vanities and
Components Thereof from the People’s Republic of
China: Amended Preliminary Determination of
Sales at Less Than Fair Value, 84 FR 61875
(November 14, 2019) (Amended Preliminary
Determination).
3 See Memorandum, ‘‘Wooden Cabinets and
Vanities and Components Thereof from the People’s
Republic of China: Issues and Decision
Memorandum for the Final Affirmative
Determination of Sales at Less Than Fair Value,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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Agencies
[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Notices]
[Pages 11951-11953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04118]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-900]
Diamond Sawblades and Parts Thereof From the People's Republic of
China: Notice of 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 February 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 December 17, 2019, Commerce received a covered merchandise
referral from CBP regarding CBP EAPA Investigation No. 7354,\1\ which
concerns the antidumping duty order on diamond sawblades from China.\2\
CBP explained that the petitioner's allegation involves diamond
sawblades from China transshipped through Canada in one of the two
channels of transshipment below:
---------------------------------------------------------------------------
\1\ See CBP's Letter, ``Covered Merchandise Referral Request for
EAPA Investigation 7354, Imported by Gogo International, Inc., 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 December 17, 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.
\2\ 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) (order).
Channel 1: Produced and exported by Protech Diamond Tools Inc.
(Protech) and imported by Gogo International, Inc. (Gogo).
Channel 2: Produced by Protech and exported by Gogo.
CBP requested and obtained information from Gogo. CBP has requested
that Commerce issue a determination as to whether the following
categories of diamond
[[Page 11952]]
sawblades exported through either one of the two channels are covered
merchandise subject to the antidumping duty order:
Category 1: Core and segments both sourced from China; joined in
Canada.
Category 2: Core sourced from China and segments not sourced from
China; joined in Canada.
Category 3: Segments sourced from China and core not sourced from
China; joined in Canada.
On February 20, 2020, Commerce published the affirmative final
determination of the anti-circumvention inquiry on the antidumping duty
order on diamond sawblades from China.\3\ In the Final Determination,
Commerce found that diamond sawblades produced in Canada by Protech
with cores and segments produced in China and subsequently exported
from Canada by Protech to the United States were circumventing the
antidumping duty order.\4\ The Final Determination covers Category 1
exported through Channel 1.
---------------------------------------------------------------------------
\3\ See Diamond Sawblades and Parts Thereof from the People's
Republic of China: Final Determination of Anti-Circumvention
Inquiry, 85 FR 9737 (February 20, 2020) (Final Determination).
\4\ Id., 85 FR at 9738-39. As explained in the Final
Determination, because Protech failed to cooperate with Commerce's
request for information in that anti-circumvention inquiry, Commerce
found that Protech is not currently able to identify diamond
sawblades produced with non-Chinese origin cores and/or non-Chinese
origin segments. Accordingly, Commerce did not implement a
certification process for Protech and is requiring cash deposits on
all entries of diamond sawblades produced and exported by Protech in
Canada. Id., 85 FR at 9739.
---------------------------------------------------------------------------
Notification to Interested Parties
In accordance with 19 CFR 351.225(b), 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
covered under all categories and exported through either one of the two
channels, with the exception of Category 1 exported through Channel 1,
which is covered by the Final Determination. Based on our finding in
the scope inquiry, we intend to notify CBP as to whether the
merchandise subject to the referral is covered merchandise within the
meaning of section 517(a)(3) of the Act. We will inform CBP of our
Final Determination which covers merchandise under Category 1 exported
through Channel 1.
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 Protech
and Gogo 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, with the exception of the merchandise already
determined to have been circumventing the order in the Final
Determination, 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.\5\ Commerce intends to develop its practice and procedures in
this area as it gains more experience.
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\5\ 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); Diamond Sawblades and
Parts Thereof from the People's Republic of China: Notice of Covered
Merchandise Referral and Initiation of Scope Inquiry, 85 FR 4947
(January 28, 2020).
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Scope of the Order
For a complete description of the scope of the order, see the
Appendix to this notice.
Filing Requirements
All submissions to Commerce must be filed electronically using
ACCESS.\6\ 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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\6\ 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 \7\ 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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\7\ See Memorandum, ``Diamond Sawblades and Parts Thereof from
the People's Republic of China: APO Request,'' dated concurrently
with this notice.
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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
[[Page 11953]]
identified by CBP as an importer in the covered merchandise referral
(referenced above) are exempt from the additional filing requirements
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for importers pursuant to 19 CFR 351.305(d).
Dated: February 24, 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, 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.\8\ 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.\9\
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\8\ See Diamond Sawblades and Parts Thereof from the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative
Review, 76 FR 76128 (December 6, 2011).
\9\ 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. 2020-04118 Filed 2-27-20; 8:45 am]
BILLING CODE 3510-DS-P