Diamond Sawblades and Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2017-2018, 71308-71311 [2020-24800]
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71308
Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
be limited to those raised in the
respective case and rebuttal briefs. If a
request for a hearing is made, Commerce
intends to hold the hearing 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 issues
raised by the parties in the written
comments, within 120 days of
publication of these preliminary results
in the Federal Register, unless
otherwise extended.10
Assessment Rates
Upon issuance of the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.11 If Citrique Belge’s calculated
weighted-average dumping margin is
above de minimis (i.e., greater than or
equal to 0.5 percent) in the final results
of this review, we will calculate
importer-specific assessment ad
valorem rates based on the ratio of the
total amount of antidumping duties
calculated for the importer’s examined
sales and the total entered value of the
sales in accordance with 19 CFR
351.212(b)(1). If Citrique Belge’s
weighted-average dumping margin
continues to be zero or de minimis, or
the importer-specific assessment rate is
zero or de minimis in the final results
of review, we intend to instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.12
The final results of this review will be
the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review where applicable.
In accordance with our ‘‘automatic
assessment’’ practice, for entries of
subject merchandise during the POR
produced by Citrique Belge for which
Citrique Belge did not know that the
merchandise it sold to the intermediary
(e.g., a reseller, trading company, or
exporter) was destined for the United
States, we will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction.13 We intend to issue
instructions to CBP 15 days after
10 See
section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
11 See 19 CFR 351.212(b)(1).
12 See 19 CFR 351.106(c)(2).
13 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
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publication of the final results of this
review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of citric acid from Belgium
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for Citrique Belge will
be the rate established in the final
results of this administrative review,
except if the rate is less than 0.50
percent and, therefore, de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
merchandise exported by producers or
exporters not covered in this
administrative review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the producer or
exporter participated; (3) if the exporter
is not a firm covered in this review, a
prior review, or the original less-thanfair-value investigation but the producer
is, then the cash deposit rate will be the
rate established for the most recently
completed segment of the proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 19.30 percent, the all-others rate
established in the less-than-fair-value
investigation.14 These deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) 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 the
subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.221(b)(4).
14 See Citric Acid and Certain Citrate Salts from
Belgium, Colombia and Thailand: Antidumping
Duty Orders, 83 FR 35214 (July 25, 2018).
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Dated: November 3, 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. Discussion of the Methodology
V. Date of Sale
VI. Product Comparisons
VII. Export Price and Constructed Export
Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation
[FR Doc. 2020–24829 Filed 11–6–20; 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:
Final Results of Antidumping Duty
Administrative Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) 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.
DATES: Applicable November 9, 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
On January 16, 2020, Commerce
published in the Federal Register the
preliminary results of the 2017–2018
administrative review of the
antidumping duty order on diamond
sawblades and parts thereof from
China.1 We invited interested parties to
1 See 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, 85 FR 2705 (January 16, 2020) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
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Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / Notices
comment on the Preliminary Results
and we received a case brief from the
petitioner, the Diamond Sawblades
Manufacturers’ Coalition,2 and a
rebuttal brief from Chengdu Huifeng
New Material Technology Co., Ltd., the
Jiangsu Fengtai Single Entity, and
Wuhan Wanbang Laser Diamond Tools
Co., Ltd.3
On April 24, 2020, Commerce tolled
all deadlines in administrative reviews
by 50 days, thereby tolling the deadline
for the final results of review.4 On June
15, 2020, Commerce extended the
deadline for the final results of review,
thereby extending the deadline for the
final results of review.5 On July 21,
2020, Commerce tolled all deadlines in
administrative reviews by an additional
60 days, thereby tolling the deadline for
the final results of review until
November 2, 2020.6
Scope of the Order
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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
2 See Petitioner’s Letter, ‘‘Diamond Sawblades
and Parts Thereof from the People’s Republic of
China: DSMC’s Case Brief,’’ dated February 18,
2020.
3 See Chengdu Huifeng Diamond Tools Co., Ltd.,
the Jiangsu Fengtai Single Entity, and Wuhan
Wanbang Laser Diamond Tools Co., Ltd.’s Letter,
‘‘Diamond Sawblades and Parts Thereof from the
People’s Republic of China: Submission of Chengdu
Huifeng’s Administrative Rebuttal Brief,’’ dated
March 2, 2020. The Jiangsu Fengtai Single Entity is
comprised of Jiangsu Fengtai Diamond Tool
Manufacturer Co., Ltd., Jiangsu Fengtai Diamond
Tools Co., Ltd., and Jiangsu Fengtai Sawing
Industry Co., Ltd.
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
5 See Memorandum, ‘‘Diamond Sawblades and
Parts Thereof from the People’s Republic of China;
2017–2018: Extension of Time Limit for Final
Results of Antidumping Duty Administrative
Review,’’ dated June 15, 2020.
6 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
Because the new deadline falls on November 1,
2020, which a Sunday, the deadline has been
moved to the next business day, in accordance with
our regulations. See Notice of Clarification:
Application of ‘‘Next Business Day’’ Rule for
Administrative Determination Deadlines Pursuant
to the Tariff Act of 1930, As Amended, 70 FR 24533
(May 10, 2005) (Next Business Day Rule).
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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
Issues and Decision Memorandum.7
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the Issues and
Decision Memorandum. A list of the
issues that parties raised, and to which
we responded in the Issues and
Decision Memorandum, follows as an
appendix to this notice. 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. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
Final Determination of No Shipments
We preliminarily found that Danyang
Weiwang Tools Manufacturing Co., Ltd.,
Danyang Hantronic Import & Export Co.,
Ltd., and Weihai Xiangguang
Mechanical Industrial Co., Ltd., which
have been eligible for separate rates in
previous segments of the proceeding
and are subject to this review, did not
have any shipments of subject
merchandise during the POR.8 On
February 21, 2020, we received
confirmation that U.S. Customs and
Border Protection (CBP) found no
shipments by any of these companies
during the POR.9 No party commented
on the Preliminary Results regarding the
no shipments decision. Therefore, for
these final results, we continue to find
that these companies did not have any
shipments of subject merchandise
7 See Memorandum, ‘‘Diamond Sawblades and
Parts Thereof from the People’s Republic of China:
Decision Memorandum for the Final Results of the
Antidumping Duty Administrative Review; 2017–
2018,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
8 See Preliminary Results, 85 FR at 2706.
9 See Memorandum, ‘‘Diamond sawblades and
parts thereof from China (A–570–900),’’ dated
February 21, 2020.
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71309
during the POR and will issue
appropriate instructions to CBP based
on these final results.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, and for the reasons explained in
the Issues and Decision Memorandum,
we made revisions to our preliminary
calculations of the weighted-average
dumping margin for the single
mandatory respondent, Chengdu
Huifeng, but the revisions did not result
in a change to the weighted-average
margin for Chengdu Huifeng and the
margin assigned to the separate rate
respondents.
Separate Rate for Non-Selected
Companies
In the Preliminary Results, we found
that evidence provided by Bosun Tools
Co., Ltd., Chengdu Huifeng New
Material Technology Co., Ltd., the
Jiangsu Fengtai Single Entity, Wuhan
Wanbang Laser Diamond Tools Co.,
Ltd., Xiamen ZL Diamond Technology
Co., Ltd., and Zhejiang Wanli Tools
Group Co., Ltd., supported finding an
absence of both de jure and de facto
government control, and, therefore, we
preliminarily granted a separate rate to
each of these companies/company
groups.10 We received no comments
since the issuance of the Preliminary
Results regarding our determination that
these six companies/company groups
are eligible for a separate rate. As in the
Preliminary Results, Commerce
calculated a rate for the mandatory
respondent Chengdu Huifeng that is
zero, de minimis, or based entirely on
facts available. Therefore, in accordance
with section 735(c)(5)(A) of the Act and
its prior practice, Commerce assigned
Chengdu Huifeng’s calculated rate (i.e.,
0.00 percent) as the separate rate for the
non-examined separate rate exporters
for these final results.11
China-Wide Entity
As stated in the Preliminary Results,
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 is not subject to change (i.e.,
82.05 percent).12 Aside from the no10 See the ‘‘Separate Rates’’ section of the
Preliminary Decision Memorandum.
11 For more details on our methodology in
selecting a rate for a non-examined separate rate
exporter, see the ‘‘Separate Rates’’ section of the
Issues and Decision Memorandum.
12 See Diamond Sawblades and Parts Thereof
From the People’s Republic of China; Final Results
of Antidumping Duty Administrative Review; 2012–
2013, 80 FR 32344 (June 8, 2015).
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Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / Notices
of the Act: (1) For the subject
merchandise exported by the companies
Exporters
listed above that have separate rates, the
cash deposit rate will be equal to the
weighted-average dumping margin
Bosun Tools Co., Ltd ..........
0.00 established for Chengdu Huifeng in the
Jiangsu Fengtai Single
final results of this administrative
Final Results of Administrative Review
Entity ............................
0.00 review; (2) for previously investigated or
As a result of this administrative
Wuhan Wanbang Laser Diamond Tools Co., Ltd ........
0.00 reviewed Chinese and non-Chinese
review, Commerce determines that the
exporters not listed above that received
Xiamen
ZL
Diamond
Techfollowing weighted-average dumping
nology Co., Ltd ................
0.00 a separate rate in a prior segment of this
margins exist for the period November
Zhejiang Wanli Tools Group
proceeding, the cash deposit rate will
1, 2017 through October 31, 2018:
Co., Ltd ............................
0.00 continue to be the existing exporterspecific rate; (3) for all Chinese
WeightedDisclosure
average
exporters of subject merchandise that
Exporters
dumping
Commerce intends to disclose the
have not been found to be entitled to a
margin
calculations performed for these final
separate rate, the cash deposit rate will
(percent)
results within five days of publication of be that for the China-wide entity; and
Chengdu Huifeng New Material
this notice in the Federal Register in
(4) for all non-Chinese exporters of
Technology Co., Ltd ................
0.00 accordance with 19 CFR 351.224(b).
subject merchandise which have not
Separate Rate Applicable to the
received their own rate, the cash deposit
Assessment Rates
Following Non-Selected Comrate will be the rate applicable to the
panies:
Pursuant to section 751(a)(2)(A) of the
Chinese exporter that supplied that nonAct and 19 CFR 351.212(b), and the
13 See Initiation Notice, 85 FR at 2160 (‘‘All firms
Chinese exporter. These deposit
Final Modification for Reviews,14
listed below that wish to qualify for separate rate
requirements, when imposed, shall
Commerce intends to instruct CBP to
status in the administrative reviews involving NME
liquidate without regard to antidumping remain in effect until further notice.
countries must complete, as appropriate, either a
separate rate application or certification, as
duties all appropriate entries for
Notification to Importers
described below. . . .’’). Companies that are
respondents eligible for a separate
subject to this administrative review that are
rate.15 For all other companies, we will
This notice serves as a final reminder
considered to be part of the China-wide entity are:
instruct CBP to apply the antidumping
to importers of their responsibility
ASHINE Diamond Tools Co., Ltd.; Danyang City Ou
Di Ma Tools Co. Ltd.; Danyang Huachang Diamond
duty assessment rate of the China-wide
under 19 CFR 351.402(f)(2) to file a
Tool Manufacturing Co., Ltd.; Danyang Like Tools
entity, 82.05 percent, to all entries of
certificate regarding the reimbursement
Manufacturing Co., Ltd.; Danyang NYCL Tools
subject merchandise exported by these
of antidumping duties prior to
Manufacturing Co., Ltd.; Danyang Tsunda Diamond
companies.16 For the three companies
Tools Co., Ltd.; Guilin Tebon Superhard Material
liquidation of the relevant entries
Co., Ltd.; Hangzhou Deer King Industrial and
that we determined had no reviewable
during this POR. Failure to comply with
Trading Co., Ltd.; Hangzhou Kingburg Import &
entries of the subject merchandise in
this requirement could result in
Export Co., Ltd.; Hebei XMF Tools Group Co., Ltd.;
this review period, any suspended
Henan Huanghe Whirlwind Co., Ltd.,; Henan
Commerce’s presumption that
entries that entered under that
Huanghe Whirlwind International Co., Ltd.; Hong
reimbursement of the antidumping
exporter’s case number (i.e., at that
Kong Hao Xin International Group Limited, Hubei
duties occurred and the subsequent
Changjiang Precision Engineering Materials
exporter’s rate) will be liquidated at the
assessment of doubled antidumping
Technology Co., Ltd.; Hubei Sheng Bai Rui
China-wide
rate.
We
intend
to
issue
Diamond Tools Co., Ltd.; Huzhou Gu’s Import &
duties.
assessment instructions to CBP 15 days
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shipment and separate rate companies
discussed above, Commerce considers
all other companies for which a review
was requested and which did not file a
separate rate application to be part of
the China-wide entity.13
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 in the
Preliminary Results and, therefore, we preliminarily
considered Shanghai Starcraft Tools Co. Ltd. to be
part of the China-wide Entity. See the ‘‘Preliminary
Determination of No Shipments’’ section of the
Preliminary Decision Memorandum. We received
no additional comments or information since the
Preliminary Results and, therefore, consider
Shanghai Starcraft Tools Co. Ltd. to be part of the
China-wide Entity for the final results.
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Weightedaverage
dumping
margin
(percent)
after the date of publication of the final
results of these reviews in the Federal
Register.
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)
14 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012) (Final Modification for
Reviews).
15 See 19 CFR 351.212(b)(1).
16 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
2159 (February 6, 2019) (‘‘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.’’)
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Notification Regarding Administrative
Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction 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 terms of an
APO is a violation subject to sanction.
Notification to Interested Parties
This notice is published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.221(b)(5). Note that Commerce has
temporarily modified certain of its
requirements for serving documents
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Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / Notices
containing business proprietary
information.17
Dated: November 2, 2020.
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. Surrogate Country
V. Discussion of the Issues
Comment 1: Selection of Primary Surrogate
Country
Comment 2: Valuation of Diamond Input
Comment 3: Selection of Financial
Statements for Surrogate Financial Ratios
Comment 4: Whether to Apply Partial AFA
to Chengdu Huifeng’s Reported Labor
FOPs
Comment 5: Conversions of Surrogate
Values
VI. Recommendation
injury to an industry in the United
States, Commerce is publishing a notice
of continuation of the AD finding/orders
on PC strand from the six countries and
the CVD order on PC strand from India.
DATES: Applicable November 9, 2020.
FOR FURTHER INFORMATION CONTACT:
Samantha Kinney or Brian Smith, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW,
Washington, DC 20230; telephone: (202)
482–2285 or (202) 482–1766,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 8, 1978, and January 28,
2004, Commerce published in the
Federal Register notices of the AD
finding on PC strand from Japan and of
the AD orders on PC strand from Brazil,
India, Mexico, Korea, and Thailand,
[FR Doc. 2020–24800 Filed 11–6–20; 8:45 am]
respectively.1 On February 4, 2004,
BILLING CODE 3510–DS–P
Commerce published the CVD order on
PC strand from India in the Federal
Register.2 On March 2, 2020, Commerce
DEPARTMENT OF COMMERCE
initiated 3 and the ITC instituted 4 sunset
reviews of the AD Finding/Orders on PC
International Trade Administration
strand from the six countries and the
[A–351–837, A–533–828, A–588–068, A–580– CVD Order on PC strand from India,
852, A–201–831, A–549–820, C–533–829]
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act). As
Prestressed Concrete Steel Wire
a result of its review, Commerce
Strand From Brazil, India, Japan, the
determined that revocation of the AD
Republic of Korea, Mexico, and
Finding/Orders on PC strand from the
Thailand: Continuation of the
six countries would likely lead to a
Antidumping Duty Finding/Orders and
continuation or recurrence of dumping
Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the Department of
Commerce (Commerce) and the U.S.
International Trade Commission (ITC)
in their five year (sunset) reviews that
revocation of the antidumping duty
(AD) finding on prestressed concrete
steel wire strand (PC strand) from Japan,
and the AD orders on PC strand from
Brazil, India, the Republic of Korea
(Korea), Mexico, and Thailand (hereafter
referred to as the six countries) would
likely lead to a continuation or
recurrence of dumping and material
injury to an industry in the United
States, and that revocation of the
countervailing duty (CVD) order on PC
strand from India would likely lead to
continuation of recurrence of net
countervailable subsidies and material
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AGENCY:
17 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
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16:35 Nov 06, 2020
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1 See Steel Wire Strand for Prestressed Concrete
from Japan; Finding of Dumping, 43 FR 57599
(December 8, 1978) conducted by the Treasury
Department (at the time a determination of
dumping resulted in a ‘‘finding’’ rather than the
later applicable ‘‘order’’); see also Notice of
Antidumping Duty Order: Prestressed Concrete
Steel Wire Strand from Brazil, 69 FR 4112 (January
28, 2004); Notice of Antidumping Duty Order:
Prestressed Concrete Steel Wire Strand from India,
69 FR 4110 (January 28, 2004); Notice of
Antidumping Duty Order: Prestressed Concrete
Steel Wire Strand from the Republic of Korea, 69
FR 4109 (January 28, 2004); Notice of Antidumping
Duty Order: Prestressed Concrete Steel Wire Strand
from Mexico, 69 FR 4112 (January 28, 2004); and
Notice of Amended Final Determination of Sales at
Less Than Fair Value and Antidumping Duty Order:
Prestressed Concrete Steel Wire Strand from
Thailand, 69 FR 4111 (January 28, 2004). The AD
finding on Japan and the AD orders on Brazil, India,
Mexico, Korea, and Thailand are collectively
referred to as AD Finding/Orders for purposes of
this notice.
2 See Notice of Countervailing Duty Order:
Prestressed Concrete Steel Wire Strand from India,
69 FR 5319 (February 4, 2004) (CVD Order).
3 See Initiation of Five-Year (Sunset) Reviews, 85
FR 12253 (March 2, 2020).
4 See Prestressed Concrete Steel Wire Strand from
Brazil, India, Japan, Korea, Mexico, and Thailand;
Institution of Five-Year Reviews, 85 FR 12331
(March 2, 2020).
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71311
and that revocation of the CVD Order on
PC strand from India would likely lead
to continuation or recurrence of net
countervailable subsidies, and therefore,
notified the ITC of the magnitude of the
margins of dumping and the subsidy
rates likely to prevail should the
finding/orders be revoked.5
On November 3, 2020, the ITC
published its determination, pursuant to
sections 751(c) and 752(a) of the Act,
that revocation of the AD Finding/
Orders on PC strand from the six
countries, and the CVD Order on PC
strand from India would likely lead to
a continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time.6
Scope of the Order
The product covered in the sunset
reviews of the AD orders on PC strand
from Brazil, India, Korea, Mexico, and
Thailand, and the CVD Order on PC
strand from India is steel strand
produced from wire of non-stainless,
non-galvanized steel, which is suitable
for use in prestressed concrete (both
pre-tensioned and post-tensioned)
applications. The product definition
encompasses covered and uncovered
strand and all types, grades, and
diameters of PC strand.
The product covered in the sunset
review of the AD finding on PC strand
from Japan is steel wire strand, other
than alloy steel, not galvanized, which
is stress-relieved and suitable for use in
prestressed concrete.
The merchandise subject to the AD
Finding/Orders on PC strand from the
six countries and the CVD order on PC
strand from India is currently
classifiable under subheadings
7312.10.3010 and 7312.10.3012 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
is dispositive.
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the AD Finding/Orders on PC strand
from the six countries would likely lead
5 See Prestressed Concrete Steel Wire Strand from
Brazil, India, Japan, Mexico, Republic of Korea and
Thailand: Final Results of Expedited Sunset
Reviews of the Antidumping Duty Finding and
Orders, 85 FR 39164 (June 30, 2020); see also
Prestressed Concrete Steel Wire Strand from India:
Final Results of Expedited Sunset Review of
Countervailing Duty Order, 85 FR 38846 (June 29,
2020).
6 See Prestressed Concrete Steel Wire Strand from
Brazil, India, Japan, Korea, Mexico, and Thailand,
85 FR 69643 (November 3, 2020).
E:\FR\FM\09NON1.SGM
09NON1
]]>Agencies
[Federal Register Volume 85, Number 217 (Monday, November 9, 2020)]
[Notices]
[Pages 71308-71311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24800]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-900]
Diamond Sawblades and Parts Thereof From the People's Republic of
China: Final Results of Antidumping Duty Administrative Review; 2017-
2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) 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.
DATES: Applicable November 9, 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
On January 16, 2020, Commerce published in the Federal Register the
preliminary results of the 2017-2018 administrative review of the
antidumping duty order on diamond sawblades and parts thereof from
China.\1\ We invited interested parties to
[[Page 71309]]
comment on the Preliminary Results and we received a case brief from
the petitioner, the Diamond Sawblades Manufacturers' Coalition,\2\ and
a rebuttal brief from Chengdu Huifeng New Material Technology Co.,
Ltd., the Jiangsu Fengtai Single Entity, and Wuhan Wanbang Laser
Diamond Tools Co., Ltd.\3\
---------------------------------------------------------------------------
\1\ See 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, 85 FR 2705 (January 16, 2020) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Petitioner's Letter, ``Diamond Sawblades and Parts
Thereof from the People's Republic of China: DSMC's Case Brief,''
dated February 18, 2020.
\3\ See Chengdu Huifeng Diamond Tools Co., Ltd., the Jiangsu
Fengtai Single Entity, and Wuhan Wanbang Laser Diamond Tools Co.,
Ltd.'s Letter, ``Diamond Sawblades and Parts Thereof from the
People's Republic of China: Submission of Chengdu Huifeng's
Administrative Rebuttal Brief,'' dated March 2, 2020. The Jiangsu
Fengtai Single Entity is comprised of Jiangsu Fengtai Diamond Tool
Manufacturer Co., Ltd., Jiangsu Fengtai Diamond Tools Co., Ltd., and
Jiangsu Fengtai Sawing Industry Co., Ltd.
---------------------------------------------------------------------------
On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days, thereby tolling the deadline for the final results
of review.\4\ On June 15, 2020, Commerce extended the deadline for the
final results of review, thereby extending the deadline for the final
results of review.\5\ On July 21, 2020, Commerce tolled all deadlines
in administrative reviews by an additional 60 days, thereby tolling the
deadline for the final results of review until November 2, 2020.\6\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\5\ See Memorandum, ``Diamond Sawblades and Parts Thereof from
the People's Republic of China; 2017-2018: Extension of Time Limit
for Final Results of Antidumping Duty Administrative Review,'' dated
June 15, 2020.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
Because the new deadline falls on November 1, 2020, which a Sunday,
the deadline has been moved to the next business day, in accordance
with our regulations. See Notice of Clarification: Application of
``Next Business Day'' Rule for Administrative Determination
Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR
24533 (May 10, 2005) (Next Business Day Rule).
---------------------------------------------------------------------------
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 Issues and Decision
Memorandum.\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Diamond Sawblades and Parts Thereof from
the People's Republic of China: Decision Memorandum for the Final
Results of the Antidumping Duty Administrative Review; 2017-2018,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum. A
list of the issues that parties raised, and to which we responded in
the Issues and Decision Memorandum, follows as an appendix to this
notice. 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. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/.
Final Determination of No Shipments
We preliminarily found that Danyang Weiwang Tools Manufacturing
Co., Ltd., Danyang Hantronic Import & Export Co., Ltd., and Weihai
Xiangguang Mechanical Industrial Co., Ltd., which have been eligible
for separate rates in previous segments of the proceeding and are
subject to this review, did not have any shipments of subject
merchandise during the POR.\8\ On February 21, 2020, we received
confirmation that U.S. Customs and Border Protection (CBP) found no
shipments by any of these companies during the POR.\9\ No party
commented on the Preliminary Results regarding the no shipments
decision. Therefore, for these final results, we continue to find that
these companies did not have any shipments of subject merchandise
during the POR and will issue appropriate instructions to CBP based on
these final results.
---------------------------------------------------------------------------
\8\ See Preliminary Results, 85 FR at 2706.
\9\ See Memorandum, ``Diamond sawblades and parts thereof from
China (A-570-900),'' dated February 21, 2020.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we made
revisions to our preliminary calculations of the weighted-average
dumping margin for the single mandatory respondent, Chengdu Huifeng,
but the revisions did not result in a change to the weighted-average
margin for Chengdu Huifeng and the margin assigned to the separate rate
respondents.
Separate Rate for Non-Selected Companies
In the Preliminary Results, we found that evidence provided by
Bosun Tools Co., Ltd., Chengdu Huifeng New Material Technology Co.,
Ltd., the Jiangsu Fengtai Single Entity, Wuhan Wanbang Laser Diamond
Tools Co., Ltd., Xiamen ZL Diamond Technology Co., Ltd., and Zhejiang
Wanli Tools Group Co., Ltd., supported finding an absence of both de
jure and de facto government control, and, therefore, we preliminarily
granted a separate rate to each of these companies/company groups.\10\
We received no comments since the issuance of the Preliminary Results
regarding our determination that these six companies/company groups are
eligible for a separate rate. As in the Preliminary Results, Commerce
calculated a rate for the mandatory respondent Chengdu Huifeng that is
zero, de minimis, or based entirely on facts available. Therefore, in
accordance with section 735(c)(5)(A) of the Act and its prior practice,
Commerce assigned Chengdu Huifeng's calculated rate (i.e., 0.00
percent) as the separate rate for the non-examined separate rate
exporters for these final results.\11\
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\10\ See the ``Separate Rates'' section of the Preliminary
Decision Memorandum.
\11\ For more details on our methodology in selecting a rate for
a non-examined separate rate exporter, see the ``Separate Rates''
section of the Issues and Decision Memorandum.
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China-Wide Entity
As stated in the Preliminary Results, 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 is not subject to change (i.e., 82.05
percent).\12\ Aside from the no-
[[Page 71310]]
shipment and separate rate companies discussed above, Commerce
considers all other companies for which a review was requested and
which did not file a separate rate application to be part of the China-
wide entity.\13\
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\12\ See Diamond Sawblades and Parts Thereof From the People's
Republic of China; Final Results of Antidumping Duty Administrative
Review; 2012-2013, 80 FR 32344 (June 8, 2015).
\13\ See Initiation Notice, 85 FR at 2160 (``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 in the Preliminary Results and, therefore, we
preliminarily considered Shanghai Starcraft Tools Co. Ltd. to be
part of the China-wide Entity. See the ``Preliminary Determination
of No Shipments'' section of the Preliminary Decision Memorandum. We
received no additional comments or information since the Preliminary
Results and, therefore, consider Shanghai Starcraft Tools Co. Ltd.
to be part of the China-wide Entity for the final results.
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Final Results of Administrative Review
As a result of this administrative review, Commerce determines that
the following weighted-average dumping margins exist for the period
November 1, 2017 through October 31, 2018:
------------------------------------------------------------------------
Weighted-
average
Exporters dumping
margin
(percent)
------------------------------------------------------------------------
Chengdu Huifeng New Material Technology Co., Ltd............ 0.00
Separate Rate Applicable to the Following Non-Selected
Companies:
Bosun Tools Co., Ltd.................................... 0.00
Jiangsu Fengtai Single 0.00
Entity..................................................
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
Commerce intends to disclose the calculations performed for these
final results within five days of publication of this notice in the
Federal Register in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
and the Final Modification for Reviews,\14\ Commerce intends to
instruct CBP to liquidate without regard to antidumping duties all
appropriate entries for respondents eligible for a separate rate.\15\
For all other companies, we will instruct CBP to apply the antidumping
duty assessment rate of the China-wide entity, 82.05 percent, to all
entries of subject merchandise exported by these companies.\16\ For the
three companies that we determined had no reviewable entries of the
subject merchandise in this review period, 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. We intend to issue
assessment instructions to CBP 15 days after the date of publication of
the final results of these reviews in the Federal Register.
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\14\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14,
2012) (Final Modification for Reviews).
\15\ See 19 CFR 351.212(b)(1).
\16\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 2159 (February 6, 2019) (``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.'')
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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 final 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 POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of the antidumping duties occurred and the subsequent assessment of
doubled antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction 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 terms of an APO is a violation subject
to sanction.
Notification to Interested Parties
This notice is published in accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR 351.221(b)(5). Note that Commerce has
temporarily modified certain of its requirements for serving documents
[[Page 71311]]
containing business proprietary information.\17\
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\17\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
Dated: November 2, 2020.
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. Surrogate Country
V. Discussion of the Issues
Comment 1: Selection of Primary Surrogate Country
Comment 2: Valuation of Diamond Input
Comment 3: Selection of Financial Statements for Surrogate
Financial Ratios
Comment 4: Whether to Apply Partial AFA to Chengdu Huifeng's
Reported Labor FOPs
Comment 5: Conversions of Surrogate Values
VI. Recommendation
[FR Doc. 2020-24800 Filed 11-6-20; 8:45 am]
BILLING CODE 3510-DS-P
