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]

Download as PDF 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). VerDate Sep<11>2014 16:35 Nov 06, 2020 Jkt 253001 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). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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. E:\FR\FM\09NON1.SGM 09NON1 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 khammond on DSKJM1Z7X2PROD with NOTICES 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). VerDate Sep<11>2014 16:35 Nov 06, 2020 Jkt 253001 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 http://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. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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). E:\FR\FM\09NON1.SGM 09NON1 71310 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 khammond on DSKJM1Z7X2PROD with NOTICES 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. VerDate Sep<11>2014 16:35 Nov 06, 2020 Jkt 253001 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.’’) PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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 E:\FR\FM\09NON1.SGM 09NON1 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 khammond on DSKJM1Z7X2PROD with NOTICES AGENCY: 17 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). VerDate Sep<11>2014 16:35 Nov 06, 2020 Jkt 253001 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). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 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\
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    \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 http://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.
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    \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