Diamond Sawblades and Parts Thereof From the People's Republic of China: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 74315-74319 [2020-25682]

Download as PDF Federal Register / Vol. 85, No. 225 / Friday, November 20, 2020 / Notices 74315 LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE [10/27/2020 through 11/12/2020] Firm address Hoff Enterprises, Inc ............ Dura-Cast, Inc ...................... Chewbarka, Inc .................... 151 Friedhoff Lane, Johnstown, PA 15902 ....................... 201 North Industrial Park Road, Enterprise, AL 36330 ..... 165 Dyerville Avenue, Johnston, RI 02919 ....................... 10/27/2020 10/29/2020 11/9/2020 Hartman Enterprises, Inc ..... Nova Molecular Technologies, Inc. 455 Elizabeth Street, Oneida, NY 13421 .......................... 1 Parker Place, Janesville, WI 53545 ............................... 11/12/2020 11/12/2020 Any party having a substantial interest in these proceedings may request a public hearing on the matter. A written request for a hearing must be submitted to the Trade Adjustment Assistance Division, Room 71030, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230, no later than ten (10) calendar days following publication of this notice. These petitions are received pursuant to section 251 of the Trade Act of 1974, as amended. Please follow the requirements set forth in EDA’s regulations at 13 CFR 315.9 for procedures to request a public hearing. The Catalog of Federal Domestic Assistance official number and title for the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance for Firms. Bryan Borlik, Director. [FR Doc. 2020–25632 Filed 11–19–20; 8:45 am] BILLING CODE 3510–WH–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–900] Diamond Sawblades and Parts Thereof From the People’s Republic of China: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is simultaneously initiating and issuing the preliminary results of a changed circumstances review (CCR) of the antidumping duty order on diamond sawblades and parts thereof (diamond sawblades) from the People’s Republic of China (China) to determine whether Protech Diamond Tools Inc. (Protech) is eligible to participate in a certification process because Protech has demonstrated that it can identify AGENCY: khammond on DSKJM1Z7X2PROD with NOTICES Date accepted for investigation Firm name VerDate Sep<11>2014 17:08 Nov 19, 2020 Jkt 253001 Product(s) The firm manufactures wooden furniture and cabinetry. The firm manufactures miscellaneous metal die castings. The firm manufactures metal identification tags, name plates, ball chains, lapel pins, and military medals. The firm manufactures miscellaneous metal parts. The firm manufactures acetonitrile and other chemical compounds. diamond sawblades that it produced in Canada using non-Chinese cores and Chinese segments. We invite interested parties to comment on these preliminary results. DATES: Applicable November 20, 2020. FOR FURTHER INFORMATION CONTACT: Yang Jin Chun, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5760. SUPPLEMENTARY INFORMATION: Background On February 20, 2020, Commerce found ‘‘that diamond sawblades made with Chinese cores and Chinese segments joined in Canada by Protech and then subsequently exported from Canada to the United States are circumventing the antidumping duty order on diamond sawblades from China.’’ 1 In the Final Determination, Commerce found that diamond sawblades ‘‘assembled or completed in Canada using non-Chinese origin cores and/or non-Chinese origin segments are not subject to this anti-circumvention inquiry,’’ but because Protech was unable ‘‘to identify diamond sawblades produced with non-Chinese origin cores and/or non-Chinese origin segments,’’ Commerce decided not to ‘‘implement a certification process for diamond sawblades already suspended,’’ and required ‘‘cash deposits on all entries of diamond sawblades produced and exported by Protech in Canada.’’ 2 However, Commerce indicated that Protech could at some future point request reconsideration of Commerce’s 1 See Diamond Sawblades and Parts Thereof from the People’s Republic of China: Final Determination of Anti-Circumvention Inquiry, 85 FR 9737, 9738 (February 20, 2020) (Final Determination); see also Diamond Sawblades and Parts Thereof from the People’s Republic of China and the Republic of Korea: Antidumping Duty Orders, 74 FR 57145 (November 4, 2009). 2 See Final Determination, 85 FR at 9739. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 denial of the certification process in, e.g., a CCR.3 On August 19, 2020, Protech submitted a request for a CCR, in which Protech claims that it is able to identify and segregate diamond sawblades made with non-Chinese cores and Chinese segments joined in Canada by Protech and then subsequently exported from Canada by Protech, its affiliate Gogo International Inc. (Gogo), or a third party, to the United States.4 Protech requests that Commerce find it eligible for certification of these diamond sawblades as non-subject merchandise. On August 26, 2020, Diamond Sawblades Manufacturers’ Coalition (DSMC) submitted a letter supporting the CCR Request.5 In response to our request for additional information, Protech submitted its supplemental responses on September 15, 2020,6 and October 1, 2020.7 Scope of the Order The products covered by the order are all finished circular sawblades, whether slotted or not, with a working part that is comprised of a diamond segment or segments, and parts thereof, regardless of specification or size, except as specifically excluded below. Within the scope of the order are semi-finished diamond sawblades, including diamond sawblade cores and diamond sawblade segments. Diamond sawblade cores are circular steel plates, whether or not attached to non-steel plates, with slots. Diamond sawblade cores are 3 Id. 4 See Protech’s Letters, ‘‘Request for Changed Circumstances Review,’’ dated August 19, 2020 (CCR Request) at 1–2, and ‘‘Response of Protech Diamond Tools Inc. to the Department’s September 1, 2020, Supplemental Questionnaire’’ dated September 15, 2020 (Protech’s First Supplemental Response) at 1. 5 See DSMC’s Letter, ‘‘Comments in Support of Protech’s Request for Changed Circumstances Review,’’ dated August 26, 2020. DSMC is the petitioner in this proceeding. 6 See Protech’s First Supplemental Response. 7 See Protech’s Letter, ‘‘Response of Protech Diamond Tools Inc. to the Department’s September 28, 2020, Second Supplemental Questionnaire,’’ dated October 1, 2020. E:\FR\FM\20NON1.SGM 20NON1 74316 Federal Register / Vol. 85, No. 225 / Friday, November 20, 2020 / Notices khammond on DSKJM1Z7X2PROD with NOTICES manufactured principally, but not exclusively, from alloy steel. A diamond sawblade segment consists of a mixture of diamonds (whether natural or synthetic, and regardless of the quantity of diamonds) and metal powders (including, but not limited to, iron, cobalt, nickel, tungsten carbide) that are formed together into a solid shape (from generally, but not limited to, a heating and pressing process). Sawblades with diamonds directly attached to the core with a resin or electroplated bond, which thereby do not contain a diamond segment, are not included within the scope of the order. Diamond sawblades and/or sawblade cores with a thickness of less than 0.025 inches, or with a thickness greater than 1.1 inches, are excluded from the scope of the order. Circular steel plates that have a cutting edge of non-diamond material, such as external teeth that protrude from the outer diameter of the plate, whether or not finished, are excluded from the scope of the order. Diamond sawblade cores with a Rockwell C hardness of less than 25 are excluded from the scope of the order. Diamond sawblades and/or diamond segment(s) with diamonds that predominantly have a mesh size number greater than 240 (such as 250 or 260) are excluded from the scope of the order. Merchandise subject to the order is typically imported under heading 8202.39.00.00 of the Harmonized Tariff Schedule of the United States (HTSUS). When packaged together as a set for retail sale with an item that is separately classified under headings 8202 to 8205 of the HTSUS, diamond sawblades or parts thereof may be imported under heading 8206.00.00.00 of the HTSUS. On October 11, 2011, Commerce included the 6804.21.00.00 HTSUS classification number to the customs case reference file, pursuant to a request by U.S. Customs and Border Protection (CBP).8 Pursuant to requests by CBP, Commerce included to the customs case reference file the following HTSUS classification numbers: 8202.39.0040 and 8202.39.0070 on January 22, 2015, and 6804.21.0010 and 6804.21.0080 on January 26, 2015.9 The tariff classification is provided for convenience and customs purposes; however, the written description of the scope of the order is dispositive. 8 See Diamond Sawblades and Parts Thereof from the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review, 76 FR 76128 (December 6, 2011). 9 See Diamond Sawblades and Parts Thereof from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2016– 2017, 83 FR 64331 (December 14, 2018), and accompanying Issues and Decision Memorandum at 3. VerDate Sep<11>2014 17:08 Nov 19, 2020 Jkt 253001 Initiation of Changed Circumstances Review Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216(d), Commerce will conduct a CCR upon receipt of a request from an interested party or receipt of information concerning an antidumping duty order which shows changed circumstances sufficient to warrant a review of the order. In accordance with 19 CFR 351.216(d), Commerce finds that Protech provided sufficient information to initiate a CCR. Therefore, we are initiating a CCR pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d) to determine whether Protech is: (1) Able to identify diamond sawblades produced in Canada by Protech using non-Chinese cores and Chinese segments and exported to the United States; and (2) eligible for the certification process. Preliminary Results of Changed Circumstances Review Commerce is conducting this CCR in accordance with section 751(b)(1) of the Act. We preliminarily determine that, since the publication of the Final Determination, Protech has demonstrated in its CCR request that it is able to identify and segregate diamond sawblades produced in Canada by Protech, using non-Chinese cores and Chinese segments and exported to the United States. Protech claims that, since the publication of the Final Determination, it ‘‘has implemented numerous safeguards at its production facility to . . . ensure that Protech will use only non-Chinese origin cores in any of its diamond sawblades that are exported to the United States.’’ 10 Commerce requested Protech to provide a written document describing these implementation plans that were approved by the company, its shareholders, and/or board members, if it is available.11 In response, Protech provided a company meeting memorandum, a shareholder resolution, and a memorandum to its staff that memorialized the company’s new cores coding system.12 The company meeting and the shareholder resolution took place around the time of the publication of the Preliminary Determination.13 10 See CCR Request at 2. Commerce’s First Supplemental Questionnaire to Protech dated September 1, 2020. 12 See Protech’s First Supplemental Response at 2 and Exhibits 1, 2, and 3. 13 See Protech’s First Supplemental Response at 2 (‘‘Shortly after the Department issued its preliminary anti-circumvention determination, Protech held internal meetings . . . Protech recorded the results of its meeting in an internal 11 See PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Protech claims that it can identify non-Chinese cores and Chinese cores with the logos and additional information that the suppliers of cores engraved in the cores, e.g., the part number associated with Protech and the supplier’s order number.14 Further, Protech explains that it identifies the country of origin of each shipment of these cores using a certificate of origin that identifies the manufacturer of the merchandise and the manufacturer’s address, a commercial invoice that identifies the manufacturer’s country of origin, a bill of lading, and a packing list, as applicable.15 To support these assertions, Protech provided photos of cores with logos and additional information and documents used to identify the country of origin.16 Protech claims that it stores: (1) NonChinese cores separately in manufacturer-specific separate storage zones in its production facility; and (2) Chinese cores on shelves in an entirely separate section of its facility.17 Protech explains that maintaining these separate storage zones helps to ensure that Protech uses only cores stored in certain areas when it produces and exports diamond sawblades to the United States.18 To support these assertions, Protech provided photos of these storage zones and the blueprint of the production facility with identification of specific storage zones.19 Protech claims that it maintains: (1) Production records that track the sources of the cores that it incorporates into diamond sawblades that it produces and exports; and (2) a monitoring system that tracks all aspects of its inventory (including cores) and classifies its suppliers, which also provides details on each item in inventory, including cores.20 memorandum, see Exhibit 1, and Protech’s shareholders shortly thereafter issued a resolution adopting this determination, see Exhibit 2.’’); see also Diamond Sawblades and Parts Thereof from the People’s Republic of China: Preliminary Affirmative Determination of Circumvention, 84 FR 58130 (October 30, 2019) (Preliminary Determination). 14 See CCR Request at 2–3 and Exhibits 1 and 2. 15 See Protech’s First Supplemental Response at 5 and Exhibit 5. 16 See CCR Request at Exhibits 1 and 2, and Protech’s First Supplemental Response at Exhibit 4. 17 See CCR Request at 3 and Exhibit 3 for nonChinese cores and Exhibit 4 for Chinese cores; see also Protech’s First Supplemental Response at 5–6 and Exhibits 6–9. 18 See CCR Request at 3 and Exhibit 3 for nonChinese cores and Exhibit 4 for Chinese cores; see also Protech’s First Supplemental Response at 5–6 and Exhibits 6–9. 19 See CCR Request at Exhibit 3 for non-Chinese cores and Exhibit 4 for Chinese cores; see also Protech’s First Supplemental Response at Exhibits 6–9. 20 See CCR Request at 3 and Exhibits 5–6. E:\FR\FM\20NON1.SGM 20NON1 Federal Register / Vol. 85, No. 225 / Friday, November 20, 2020 / Notices khammond on DSKJM1Z7X2PROD with NOTICES Specifically, Protech explains that, when it receives a shipment of cores at its warehouse, its staff will input information related to that shipment, e.g., core size, core specifications, core supplier, stock-keeping unit numbers, storage zone in Protech’s warehouse, and quantity received, in its inventory database.21 Protech also explains that its production orders, work sheets, and material sheets issued for the production of diamond sawblades trace the country of origin of the cores used in the production process.22 To support these assertions, Protech provided production and inventory records and computer screenshots of inventory data maintained in its computer record system showing the inventory of cores on a supplier-specific basis.23 Protech also reported that, during production and quality control and before shipment of finished diamond sawblades, it conducts multiple checks using production orders, worksheets, and material sheets to identify and confirm the country of origin of cores in the finished diamond sawblades.24 Based on the information provided by Protech, we preliminarily find that Protech is able to identify and effectively segregate diamond sawblades produced in Canada by Protech using non-Chinese cores and Chinese segments from other diamond sawblades produced at its facility. Based on information provided by Protech, we also preliminarily find that Protech and Gogo are affiliated, in accordance with section 771(33)(F) of the Act and 19 CFR 351.102(b)(3).25 Therefore, we preliminarily find that diamond sawblades produced in Canada by Protech using Chinese cores and Chinese segments and exported by Gogo to the United States are subject to the antidumping duty order on diamond sawblades from China. If these preliminary results are adopted in our final results of this CCR, effective on the publication date of our final results, Protech, Gogo and their importers will be eligible, where appropriate, to certify that the diamond sawblades produced in Canada by 21 See CCR Request at 3–4 and Exhibits 5–7; see also Protech’s First Supplemental Response at 6 and Exhibits 10–16. 22 See Protech’s First Supplemental Response at 6–7 and Exhibit 11. 23 See CCR Request at Exhibits 5–7 for nonChinese cores and Exhibit 4 for Chinese cores; see also Protech’s First Supplemental Response at Exhibits 10–16. 24 See Protech’s First Supplemental Response at 3–4, 6–7, and Exhibits 4, 11. 25 See Memorandum, ‘‘Diamond Sawblades and Parts Thereof from the People’s Republic of China: Affiliation of Protech Diamond Tools Inc. and Gogo International Inc.’’ dated concurrently with this notice, for details containing Protech’s business proprietary information. VerDate Sep<11>2014 17:08 Nov 19, 2020 Jkt 253001 Protech and exported by either Protech or Gogo were produced using nonChinese cores and Chinese segments. Attached as Appendix I is draft certification language. Commerce also preliminarily determines, based on the request in this CCR, that no other exporters are eligible for this certification process.26 Suspension of Liquidation and Certification Requirements In accordance with 19 CFR 351.225(l)(3), if the final results of this review remain unchanged from the preliminary results, the suspension of liquidation instructions will remain in effect until further notice. Commerce will direct CBP to suspend liquidation and to require a cash deposit of estimated duties on unliquidated entries of diamond sawblades produced (i.e., assembled or completed) using Chinese cores and Chinese segments by Protech in Canada and exported by Gogo that were entered, or withdrawn from warehouse, for consumption on or after the date of initiation of the CCR.27 Diamond sawblades produced by Protech in Canada using non-Chinese cores and Chinese segments and exported from Canada by either Protech or Gogo are not subject to the antidumping duty order on diamond sawblades from China. However, imports of such merchandise are subject to certification requirements, and cash deposits may be required if the certification requirements are not satisfied. Accordingly, if an importer imports finished diamond sawblades produced in Canada by Protech and exported from Canada by either Protech or Gogo and claims that the finished diamond sawblades were produced from non-Chinese cores and Chinese segments, in order not to be subject to cash deposit requirements, the importer and exporter are required to meet the certification and documentation requirements described herein and in the certifications contained in Appendix I. Where no certification is provided for an entry of diamond sawblades produced by Protech in Canada and exported by Protech or Gogo to the United States, and the antidumping duty order on diamond sawblades from China potentially applies to that entry, Commerce intends to instruct CBP to suspend the entry and collect cash deposits at the China-wide rate of 82.05 26 The circumvention determination covered diamond sawblades produced in Canada by Protech with Chinese cores and Chinese segments and exported by Protech. See Final Determination, 85 FR at 9738. Other exporters are not covered by the circumvention determination. 27 See Final Determination, 85 FR at 9739. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 74317 percent of the entered value of the merchandise.28 For shipments and/or entry summaries made on or after the date of publication of the initiation of the CCR through 30 days after the date of publication of the final results of CCR for which certifications are required, importers and exporters should complete the required certification within 30 days after the publication of the final results of this CCR in the Federal Register. Accordingly, where appropriate, the relevant bullet in the certification should be edited to reflect that the certification was completed within the time frame specified above. For such entries/shipments, importers and exporters each have the option to complete a blanket certification covering multiple entries/shipments, individual certifications for each entry/ shipment, or a combination thereof. For shipments and/or entries made on or after 31 days after the date of publication of the final results of this CCR in the Federal Register, for which certifications are required, importers should complete the required certification at or prior to the date of entry summary, and exporters should complete the required certification and provide it to the importer at or prior to the date of shipment. Public Comment Interested parties may submit case briefs no later than 14 days after the publication of this notice.29 Rebuttal briefs, which must be limited to issues raised in case briefs, may be filed not later than seven days after the deadline for filing case briefs.30 Commerce has modified certain of its requirements for serving documents containing business proprietary information until further notice.31 Parties who submit case briefs or rebuttal briefs in this changed circumstance review are requested to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Interested parties that wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and 28 See, e.g., Diamond Sawblades and Parts Thereof from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2016–2017, 83 FR 64331, 64332 (December 14, 2018). 29 See 19 CFR 351.309(c)(1)(ii). (‘‘Any interested party may submit a ‘case brief’ within . . . 30 days after the date of publication of the preliminary results of {a changed circumstances} review, unless the Secretary alters the time limit . . .’’) (Emphasis added). 30 See 19 CFR 351.309(d). 31 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). E:\FR\FM\20NON1.SGM 20NON1 74318 Federal Register / Vol. 85, No. 225 / Friday, November 20, 2020 / Notices Compliance, filed electronically via ACCESS, within 14 days of publication of this notice.32 The hearing request should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations at the hearing will be limited to issues raised in the 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. All submissions, with limited exceptions, must be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. An electronically filed document must be received successfully in its entirety by no later than 5:00 p.m. Eastern Time on the date the document is due. Notifications to Interested Parties Consistent with 19 CFR 351.216(e), we intend to issue the final results of this CCR no later than 270 days after the date on which this review was initiated, or within 45 days after the publication of the preliminary results if all parties in this review agree to our preliminary results. The final results will include Commerce’s analysis of issues raised in any written comments. We are issuing and publishing this initiation and preliminary results notice in accordance with sections 751(b)(1) and 777(i) of the Act, 19 CFR 351.216, and 19 CFR 351.221(c)(3)(i). Dated: November 16, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. khammond on DSKJM1Z7X2PROD with NOTICES Appendix I—Exporter Certification Special Instructions: The party that made the sale to the United States should fill out the exporter certification. Only Protech Diamond Tools Inc., and Gogo International Inc., are eligible for this certification process. I hereby certify that: (A) My name is {COMPANY OFFICIAL’S NAME} and I am an official of {NAME OF EXPORTING COMPANY}, located at {ADDRESS}; (B) I have direct personal knowledge of the facts regarding the production and 32 See 19 CFR 351.310(c) (‘‘Any interested party may request that the Secretary hold a public hearing on arguments to be raised in case or rebuttal briefs within 30 days after the date of publication of the . . . preliminary results of review, unless the Secretary alters this time limit . . .’’) (Emphasis added); see also 19 CFR 351.303 for general filing requirements. VerDate Sep<11>2014 17:08 Nov 19, 2020 Jkt 253001 exportation of the finished diamond sawblades identified below. ‘‘Direct personal knowledge’’ refers to facts the certifying party is expected to have in its own books and records. For example, an exporter should have direct personal knowledge of the producer’s identity and location. (C) Finished diamond sawblades produced in Canada and covered by this certification were not manufactured using cores produced in China. (D) This certification applies to the following sales to {NAME OF U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER}. (repeat this block as many times as necessary): Foreign Seller’s Invoice # to U.S. Customer: Foreign Seller’s Invoice to U.S. Customer Line item #: Producer Name: Protech Diamond Tools Inc. Producer’s Address: Unit 105, 1626–115 Avenue NE, Calgary, Alberta, Canada T3K 2E4 Producer’s Invoice # to Foreign Seller: (If the foreign seller and the producer are the same party, put NA here.) (E) The finished diamond sawblades covered by this certification were shipped to {NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED}, located at U.S. {ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}. (F) I understand that {NAME OF EXPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, mill certificates, production records, invoices, etc.) for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries. (G) I understand that {NAME OF EXPORTING COMPANY} must provide a copy of this Exporter Certification to the U.S. importer by the date of shipment. (H) I understand that {NAME OF EXPORTING COMPANY} is required to provide a copy of this certification and supporting records, upon request, to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (Commerce). (I) I understand that the claims made herein, and the substantiating documentation are subject to verification by CBP and/or Commerce. (J) I understand that failure to maintain the required certification and/or failure to substantiate the claims made herein, and/or failure to allow CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all sales to which this certification applies are within the scope of the antidumping duty order on diamond sawblades and parts thereof from the People’s Republic of China. I understand that such finding will result in: (i) suspension of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; and (ii) the requirement that the importer post applicable antidumping duty cash deposits PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 (as appropriate) equal to the rates as determined by Commerce; and (iii) the revocation of {NAME OF EXPORTING COMPANY}’s privilege to certify future exports of finished diamond sawblades from Canada as not manufactured using cores from China. (K) This certification was completed at or prior to the date of shipment; (L) I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government. Signature NAME OF COMPANY OFFICIAL TITLE DATE Importer Certification I hereby certify that: (A) My name is {IMPORTING COMPANY OFFICIAL’S NAME} and I am an official of {NAME OF IMPORTING COMPANY}, located at {ADRESS OF IMPORTING COMPANY}. (B) I have direct personal knowledge of the facts regarding the importation into the Customs territory of the United States of finished diamond sawblades produced in Canada that entered under entry summary number(s) identified below and are covered by this certification. ‘‘Direct personal knowledge’’ refers to facts the certifying party is expected to have in its own records. For example, the importer should have direct personal knowledge of the importation of the product (e.g., the name of the exporter) in its records. (C) If the importer is acting on behalf of the first U.S. customer, complete this paragraph, if not put ‘‘NA’’ at the end of this paragraph: finished diamond sawblades covered by this certification were imported by {NAME OF IMPORTING COMPANY} on behalf of {NAME OF U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER}. (D) Finished diamond sawblades covered by this certification were shipped to {NAME OF PARTY TO WHOM MERCHANDISE WAS FIRST SHIPPED IN THE UNITED STATES}, located at {ADDRESS OF SHIPMENT}. (E) I have personal knowledge of the facts regarding the production of the finished diamond sawblades identified below. ‘‘Personal knowledge’’ includes facts obtained from another party, (e.g., correspondence received by the importer (or exporter) from the producer regarding the country of manufacture of the imported products). (F) Finished diamond sawblades covered by this certification were not manufactured using cores produced in China. (G) This certification applies to the following entries (repeat this block as many times as necessary): Entry Summary #: Entry Summary Line Item #: Foreign Seller: Foreign Seller’s address: Foreign Seller’s Invoice #: Foreign Seller’s Invoice Line Item #: Producer: Protech Diamond Tools Inc. E:\FR\FM\20NON1.SGM 20NON1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 225 / Friday, November 20, 2020 / Notices Producer’s Address: Unit 105, 1626 –115 Avenue NE, Calgary, Alberta, Canada T3K 2E4 (H) I understand that {NAME OF IMPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, mill certificates, production records, invoices, etc.) for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries. (I) I understand that {NAME OF IMPORTING COMPANY} is required to provide this certification and supporting records to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (Commerce), upon request by the respective agency. (J) I understand that {NAME OF IMPORTING COMPANY} is required to maintain a copy of the exporter’s certification (attesting to the production and/or export of the imported merchandise identified above), and any supporting records provided by the exporter to the importer, for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in United States courts regarding such entries. (K) I understand that {NAME OF IMPORTING COMPANY} is required, upon request, to provide a copy of the exporter’s certification and any supporting records provided by the exporter to the importer, to CBP and/or Commerce. (L) I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce. (M) I understand that failure to maintain the required certifications, and/or failure to substantiate the claims made herein, and/or failure to allow CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all entries to which this certification applies are within the scope of the antidumping duty order on diamond sawblades and parts thereof from the People’s Republic of China. I understand that such finding will result in: (i) suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; (ii) the requirement that the importer post applicable antidumping duty cash deposits (as appropriate) equal to the rates determined by Commerce; and (iii) the revocation of {NAME OF IMPORTING COMPANY}’s privilege to certify future imports of diamond sawblades from Canada as not manufactured using cores from China. (N) I understand that agents of the importer, such as brokers, are not permitted to make this certification. Where a broker or other party was used to facilitate the entry process, {NAME OF IMPORTING COMPANY} obtained the entry summary VerDate Sep<11>2014 17:08 Nov 19, 2020 Jkt 253001 number and date of entry summary from that party. (O) This certification was completed at or prior to the date of entry summary. (P) I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government. Signature NAME OF COMPANY OFFICIAL TITLE DATE [FR Doc. 2020–25682 Filed 11–19–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–557–820] Silicon Metal From Malaysia: Postponement of Preliminary Determination in the Less-Than-FairValue Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: DATES: Applicable November 20, 2020. FOR FURTHER INFORMATION CONTACT: Genevieve Coen at (202) 482–3251, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On July 20, 2020, the Department of Commerce (Commerce) initiated a lessthan-fair-value (LTFV) investigation of silicon metal from Malaysia.1 Currently, the preliminary determination is due no later than December 7, 2020. Postponement of Preliminary Determinations Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in an LTFV investigation within 140 days of the date on which Commerce initiated the investigation. However, section 733(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 190 days after the date on which Commerce initiated the investigation if: (A) The petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the 1 See Silicon Metal from Bosnia and Herzegovina, Iceland, and Malaysia: Initiation of Less-Than-FairValue Investigations, 85 FR 45177 (July 27, 2020). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 74319 investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request. On October 29, 2020, Globe Specialty Metals, Inc. and Mississippi Silicon LLC (the petitioners) submitted a timely request that Commerce postpone the preliminary determination in this LTFV investigation.2 The petitioners stated that the postponement request is due to the need for additional time to issue supplemental questionnaires, and to provide time to review and comment upon those responses prior to the preliminary determination. Under the current timeline, the petitioner believes that Commerce will not have complete responses or sufficient information to issue the preliminary determination.3 For the reasons stated above, and because there are no compelling reasons to deny the request, Commerce, in accordance with section 733(c)(1)(A) of the Act and 19 CFR 351.205(e), is postponing the deadline for the preliminary determination by 50 days (i.e., 190 days after the date on which this investigation was initiated). As a result, Commerce will issue its preliminary determination no later than January 26, 2020. In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination in this investigation will continue to be 75 days after the date of the preliminary determination, unless postponed at a later date. Notification to Interested Parties This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: November 16, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–25635 Filed 11–19–20; 8:45 am] BILLING CODE 3510–DS–P 2 See Petitioners’ Letter, ‘‘Silicon Metal from the Republic of Malaysia: Petitioners’ Request to Postpone Preliminary Antidumping Duty Determination,’’ dated October 29, 2020. 3 Id. E:\FR\FM\20NON1.SGM 20NON1

Agencies

[Federal Register Volume 85, Number 225 (Friday, November 20, 2020)]
[Notices]
[Pages 74315-74319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25682]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-900]


Diamond Sawblades and Parts Thereof From the People's Republic of 
China: Initiation and Preliminary Results of Antidumping Duty Changed 
Circumstances Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) is simultaneously 
initiating and issuing the preliminary results of a changed 
circumstances review (CCR) of the antidumping duty order on diamond 
sawblades and parts thereof (diamond sawblades) from the People's 
Republic of China (China) to determine whether Protech Diamond Tools 
Inc. (Protech) is eligible to participate in a certification process 
because Protech has demonstrated that it can identify diamond sawblades 
that it produced in Canada using non-Chinese cores and Chinese 
segments. We invite interested parties to comment on these preliminary 
results.

DATES: Applicable November 20, 2020.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5760.

SUPPLEMENTARY INFORMATION:

Background

    On February 20, 2020, Commerce found ``that diamond sawblades made 
with Chinese cores and Chinese segments joined in Canada by Protech and 
then subsequently exported from Canada to the United States are 
circumventing the antidumping duty order on diamond sawblades from 
China.'' \1\ In the Final Determination, Commerce found that diamond 
sawblades ``assembled or completed in Canada using non-Chinese origin 
cores and/or non-Chinese origin segments are not subject to this anti-
circumvention inquiry,'' but because Protech was unable ``to identify 
diamond sawblades produced with non-Chinese origin cores and/or non-
Chinese origin segments,'' Commerce decided not to ``implement a 
certification process for diamond sawblades already suspended,'' and 
required ``cash deposits on all entries of diamond sawblades produced 
and exported by Protech in Canada.'' \2\ However, Commerce indicated 
that Protech could at some future point request reconsideration of 
Commerce's denial of the certification process in, e.g., a CCR.\3\
---------------------------------------------------------------------------

    \1\ See Diamond Sawblades and Parts Thereof from the People's 
Republic of China: Final Determination of Anti-Circumvention 
Inquiry, 85 FR 9737, 9738 (February 20, 2020) (Final Determination); 
see also Diamond Sawblades and Parts Thereof from the People's 
Republic of China and the Republic of Korea: Antidumping Duty 
Orders, 74 FR 57145 (November 4, 2009).
    \2\ See Final Determination, 85 FR at 9739.
    \3\ Id.
---------------------------------------------------------------------------

    On August 19, 2020, Protech submitted a request for a CCR, in which 
Protech claims that it is able to identify and segregate diamond 
sawblades made with non-Chinese cores and Chinese segments joined in 
Canada by Protech and then subsequently exported from Canada by 
Protech, its affiliate Gogo International Inc. (Gogo), or a third 
party, to the United States.\4\ Protech requests that Commerce find it 
eligible for certification of these diamond sawblades as non-subject 
merchandise. On August 26, 2020, Diamond Sawblades Manufacturers' 
Coalition (DSMC) submitted a letter supporting the CCR Request.\5\ In 
response to our request for additional information, Protech submitted 
its supplemental responses on September 15, 2020,\6\ and October 1, 
2020.\7\
---------------------------------------------------------------------------

    \4\ See Protech's Letters, ``Request for Changed Circumstances 
Review,'' dated August 19, 2020 (CCR Request) at 1-2, and ``Response 
of Protech Diamond Tools Inc. to the Department's September 1, 2020, 
Supplemental Questionnaire'' dated September 15, 2020 (Protech's 
First Supplemental Response) at 1.
    \5\ See DSMC's Letter, ``Comments in Support of Protech's 
Request for Changed Circumstances Review,'' dated August 26, 2020. 
DSMC is the petitioner in this proceeding.
    \6\ See Protech's First Supplemental Response.
    \7\ See Protech's Letter, ``Response of Protech Diamond Tools 
Inc. to the Department's September 28, 2020, Second Supplemental 
Questionnaire,'' dated October 1, 2020.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the order are all finished circular 
sawblades, whether slotted or not, with a working part that is 
comprised of a diamond segment or segments, and parts thereof, 
regardless of specification or size, except as specifically excluded 
below. Within the scope of the order are semi-finished diamond 
sawblades, including diamond sawblade cores and diamond sawblade 
segments. Diamond sawblade cores are circular steel plates, whether or 
not attached to non-steel plates, with slots. Diamond sawblade cores 
are

[[Page 74316]]

manufactured principally, but not exclusively, from alloy steel. A 
diamond sawblade segment consists of a mixture of diamonds (whether 
natural or synthetic, and regardless of the quantity of diamonds) and 
metal powders (including, but not limited to, iron, cobalt, nickel, 
tungsten carbide) that are formed together into a solid shape (from 
generally, but not limited to, a heating and pressing process).
    Sawblades with diamonds directly attached to the core with a resin 
or electroplated bond, which thereby do not contain a diamond segment, 
are not included within the scope of the order. Diamond sawblades and/
or sawblade cores with a thickness of less than 0.025 inches, or with a 
thickness greater than 1.1 inches, are excluded from the scope of the 
order. Circular steel plates that have a cutting edge of non-diamond 
material, such as external teeth that protrude from the outer diameter 
of the plate, whether or not finished, are excluded from the scope of 
the order. Diamond sawblade cores with a Rockwell C hardness of less 
than 25 are excluded from the scope of the order. Diamond sawblades 
and/or diamond segment(s) with diamonds that predominantly have a mesh 
size number greater than 240 (such as 250 or 260) are excluded from the 
scope of the order.
    Merchandise subject to the order is typically imported under 
heading 8202.39.00.00 of the Harmonized Tariff Schedule of the United 
States (HTSUS). When packaged together as a set for retail sale with an 
item that is separately classified under headings 8202 to 8205 of the 
HTSUS, diamond sawblades or parts thereof may be imported under heading 
8206.00.00.00 of the HTSUS. On October 11, 2011, Commerce included the 
6804.21.00.00 HTSUS classification number to the customs case reference 
file, pursuant to a request by U.S. Customs and Border Protection 
(CBP).\8\ Pursuant to requests by CBP, Commerce included to the customs 
case reference file the following HTSUS classification numbers: 
8202.39.0040 and 8202.39.0070 on January 22, 2015, and 6804.21.0010 and 
6804.21.0080 on January 26, 2015.\9\
---------------------------------------------------------------------------

    \8\ See Diamond Sawblades and Parts Thereof from the Republic of 
Korea: Preliminary Results of Antidumping Duty Administrative 
Review, 76 FR 76128 (December 6, 2011).
    \9\ See Diamond Sawblades and Parts Thereof from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2016-2017, 83 FR 64331 (December 14, 2018), and accompanying 
Issues and Decision Memorandum at 3.
---------------------------------------------------------------------------

    The tariff classification is provided for convenience and customs 
purposes; however, the written description of the scope of the order is 
dispositive.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act), and 19 CFR 351.216(d), Commerce will conduct a CCR upon 
receipt of a request from an interested party or receipt of information 
concerning an antidumping duty order which shows changed circumstances 
sufficient to warrant a review of the order. In accordance with 19 CFR 
351.216(d), Commerce finds that Protech provided sufficient information 
to initiate a CCR. Therefore, we are initiating a CCR pursuant to 
section 751(b)(1) of the Act and 19 CFR 351.216(d) to determine whether 
Protech is: (1) Able to identify diamond sawblades produced in Canada 
by Protech using non-Chinese cores and Chinese segments and exported to 
the United States; and (2) eligible for the certification process.

Preliminary Results of Changed Circumstances Review

    Commerce is conducting this CCR in accordance with section 
751(b)(1) of the Act. We preliminarily determine that, since the 
publication of the Final Determination, Protech has demonstrated in its 
CCR request that it is able to identify and segregate diamond sawblades 
produced in Canada by Protech, using non-Chinese cores and Chinese 
segments and exported to the United States.
    Protech claims that, since the publication of the Final 
Determination, it ``has implemented numerous safeguards at its 
production facility to . . . ensure that Protech will use only non-
Chinese origin cores in any of its diamond sawblades that are exported 
to the United States.'' \10\ Commerce requested Protech to provide a 
written document describing these implementation plans that were 
approved by the company, its shareholders, and/or board members, if it 
is available.\11\ In response, Protech provided a company meeting 
memorandum, a shareholder resolution, and a memorandum to its staff 
that memorialized the company's new cores coding system.\12\ The 
company meeting and the shareholder resolution took place around the 
time of the publication of the Preliminary Determination.\13\
---------------------------------------------------------------------------

    \10\ See CCR Request at 2.
    \11\ See Commerce's First Supplemental Questionnaire to Protech 
dated September 1, 2020.
    \12\ See Protech's First Supplemental Response at 2 and Exhibits 
1, 2, and 3.
    \13\ See Protech's First Supplemental Response at 2 (``Shortly 
after the Department issued its preliminary anti-circumvention 
determination, Protech held internal meetings . . . Protech recorded 
the results of its meeting in an internal memorandum, see Exhibit 1, 
and Protech's shareholders shortly thereafter issued a resolution 
adopting this determination, see Exhibit 2.''); see also Diamond 
Sawblades and Parts Thereof from the People's Republic of China: 
Preliminary Affirmative Determination of Circumvention, 84 FR 58130 
(October 30, 2019) (Preliminary Determination).
---------------------------------------------------------------------------

    Protech claims that it can identify non-Chinese cores and Chinese 
cores with the logos and additional information that the suppliers of 
cores engraved in the cores, e.g., the part number associated with 
Protech and the supplier's order number.\14\ Further, Protech explains 
that it identifies the country of origin of each shipment of these 
cores using a certificate of origin that identifies the manufacturer of 
the merchandise and the manufacturer's address, a commercial invoice 
that identifies the manufacturer's country of origin, a bill of lading, 
and a packing list, as applicable.\15\ To support these assertions, 
Protech provided photos of cores with logos and additional information 
and documents used to identify the country of origin.\16\
---------------------------------------------------------------------------

    \14\ See CCR Request at 2-3 and Exhibits 1 and 2.
    \15\ See Protech's First Supplemental Response at 5 and Exhibit 
5.
    \16\ See CCR Request at Exhibits 1 and 2, and Protech's First 
Supplemental Response at Exhibit 4.
---------------------------------------------------------------------------

    Protech claims that it stores: (1) Non-Chinese cores separately in 
manufacturer-specific separate storage zones in its production 
facility; and (2) Chinese cores on shelves in an entirely separate 
section of its facility.\17\ Protech explains that maintaining these 
separate storage zones helps to ensure that Protech uses only cores 
stored in certain areas when it produces and exports diamond sawblades 
to the United States.\18\ To support these assertions, Protech provided 
photos of these storage zones and the blueprint of the production 
facility with identification of specific storage zones.\19\
---------------------------------------------------------------------------

    \17\ See CCR Request at 3 and Exhibit 3 for non-Chinese cores 
and Exhibit 4 for Chinese cores; see also Protech's First 
Supplemental Response at 5-6 and Exhibits 6-9.
    \18\ See CCR Request at 3 and Exhibit 3 for non-Chinese cores 
and Exhibit 4 for Chinese cores; see also Protech's First 
Supplemental Response at 5-6 and Exhibits 6-9.
    \19\ See CCR Request at Exhibit 3 for non-Chinese cores and 
Exhibit 4 for Chinese cores; see also Protech's First Supplemental 
Response at Exhibits 6-9.
---------------------------------------------------------------------------

    Protech claims that it maintains: (1) Production records that track 
the sources of the cores that it incorporates into diamond sawblades 
that it produces and exports; and (2) a monitoring system that tracks 
all aspects of its inventory (including cores) and classifies its 
suppliers, which also provides details on each item in inventory, 
including cores.\20\

[[Page 74317]]

Specifically, Protech explains that, when it receives a shipment of 
cores at its warehouse, its staff will input information related to 
that shipment, e.g., core size, core specifications, core supplier, 
stock-keeping unit numbers, storage zone in Protech's warehouse, and 
quantity received, in its inventory database.\21\ Protech also explains 
that its production orders, work sheets, and material sheets issued for 
the production of diamond sawblades trace the country of origin of the 
cores used in the production process.\22\ To support these assertions, 
Protech provided production and inventory records and computer 
screenshots of inventory data maintained in its computer record system 
showing the inventory of cores on a supplier-specific basis.\23\ 
Protech also reported that, during production and quality control and 
before shipment of finished diamond sawblades, it conducts multiple 
checks using production orders, worksheets, and material sheets to 
identify and confirm the country of origin of cores in the finished 
diamond sawblades.\24\ Based on the information provided by Protech, we 
preliminarily find that Protech is able to identify and effectively 
segregate diamond sawblades produced in Canada by Protech using non-
Chinese cores and Chinese segments from other diamond sawblades 
produced at its facility.
---------------------------------------------------------------------------

    \20\ See CCR Request at 3 and Exhibits 5-6.
    \21\ See CCR Request at 3-4 and Exhibits 5-7; see also Protech's 
First Supplemental Response at 6 and Exhibits 10-16.
    \22\ See Protech's First Supplemental Response at 6-7 and 
Exhibit 11.
    \23\ See CCR Request at Exhibits 5-7 for non-Chinese cores and 
Exhibit 4 for Chinese cores; see also Protech's First Supplemental 
Response at Exhibits 10-16.
    \24\ See Protech's First Supplemental Response at 3-4, 6-7, and 
Exhibits 4, 11.
---------------------------------------------------------------------------

    Based on information provided by Protech, we also preliminarily 
find that Protech and Gogo are affiliated, in accordance with section 
771(33)(F) of the Act and 19 CFR 351.102(b)(3).\25\ Therefore, we 
preliminarily find that diamond sawblades produced in Canada by Protech 
using Chinese cores and Chinese segments and exported by Gogo to the 
United States are subject to the antidumping duty order on diamond 
sawblades from China.
---------------------------------------------------------------------------

    \25\ See Memorandum, ``Diamond Sawblades and Parts Thereof from 
the People's Republic of China: Affiliation of Protech Diamond Tools 
Inc. and Gogo International Inc.'' dated concurrently with this 
notice, for details containing Protech's business proprietary 
information.
---------------------------------------------------------------------------

    If these preliminary results are adopted in our final results of 
this CCR, effective on the publication date of our final results, 
Protech, Gogo and their importers will be eligible, where appropriate, 
to certify that the diamond sawblades produced in Canada by Protech and 
exported by either Protech or Gogo were produced using non-Chinese 
cores and Chinese segments. Attached as Appendix I is draft 
certification language. Commerce also preliminarily determines, based 
on the request in this CCR, that no other exporters are eligible for 
this certification process.\26\
---------------------------------------------------------------------------

    \26\ The circumvention determination covered diamond sawblades 
produced in Canada by Protech with Chinese cores and Chinese 
segments and exported by Protech. See Final Determination, 85 FR at 
9738. Other exporters are not covered by the circumvention 
determination.
---------------------------------------------------------------------------

Suspension of Liquidation and Certification Requirements

    In accordance with 19 CFR 351.225(l)(3), if the final results of 
this review remain unchanged from the preliminary results, the 
suspension of liquidation instructions will remain in effect until 
further notice. Commerce will direct CBP to suspend liquidation and to 
require a cash deposit of estimated duties on unliquidated entries of 
diamond sawblades produced (i.e., assembled or completed) using Chinese 
cores and Chinese segments by Protech in Canada and exported by Gogo 
that were entered, or withdrawn from warehouse, for consumption on or 
after the date of initiation of the CCR.\27\
---------------------------------------------------------------------------

    \27\ See Final Determination, 85 FR at 9739.
---------------------------------------------------------------------------

    Diamond sawblades produced by Protech in Canada using non-Chinese 
cores and Chinese segments and exported from Canada by either Protech 
or Gogo are not subject to the antidumping duty order on diamond 
sawblades from China. However, imports of such merchandise are subject 
to certification requirements, and cash deposits may be required if the 
certification requirements are not satisfied. Accordingly, if an 
importer imports finished diamond sawblades produced in Canada by 
Protech and exported from Canada by either Protech or Gogo and claims 
that the finished diamond sawblades were produced from non-Chinese 
cores and Chinese segments, in order not to be subject to cash deposit 
requirements, the importer and exporter are required to meet the 
certification and documentation requirements described herein and in 
the certifications contained in Appendix I. Where no certification is 
provided for an entry of diamond sawblades produced by Protech in 
Canada and exported by Protech or Gogo to the United States, and the 
antidumping duty order on diamond sawblades from China potentially 
applies to that entry, Commerce intends to instruct CBP to suspend the 
entry and collect cash deposits at the China-wide rate of 82.05 percent 
of the entered value of the merchandise.\28\ For shipments and/or entry 
summaries made on or after the date of publication of the initiation of 
the CCR through 30 days after the date of publication of the final 
results of CCR for which certifications are required, importers and 
exporters should complete the required certification within 30 days 
after the publication of the final results of this CCR in the Federal 
Register. Accordingly, where appropriate, the relevant bullet in the 
certification should be edited to reflect that the certification was 
completed within the time frame specified above. For such entries/
shipments, importers and exporters each have the option to complete a 
blanket certification covering multiple entries/shipments, individual 
certifications for each entry/shipment, or a combination thereof. For 
shipments and/or entries made on or after 31 days after the date of 
publication of the final results of this CCR in the Federal Register, 
for which certifications are required, importers should complete the 
required certification at or prior to the date of entry summary, and 
exporters should complete the required certification and provide it to 
the importer at or prior to the date of shipment.
---------------------------------------------------------------------------

    \28\ See, e.g., Diamond Sawblades and Parts Thereof from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2016-2017, 83 FR 64331, 64332 (December 14, 
2018).
---------------------------------------------------------------------------

Public Comment

    Interested parties may submit case briefs no later than 14 days 
after the publication of this notice.\29\ Rebuttal briefs, which must 
be limited to issues raised in case briefs, may be filed not later than 
seven days after the deadline for filing case briefs.\30\ Commerce has 
modified certain of its requirements for serving documents containing 
business proprietary information until further notice.\31\ Parties who 
submit case briefs or rebuttal briefs in this changed circumstance 
review are requested to submit with each argument: (1) A statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities. Interested parties that wish to request a hearing must 
submit a written request to the Assistant Secretary for Enforcement and

[[Page 74318]]

Compliance, filed electronically via ACCESS, within 14 days of 
publication of this notice.\32\ The hearing request should contain: (1) 
The party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed. Oral 
presentations at the hearing will be limited to issues raised in the 
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.
---------------------------------------------------------------------------

    \29\ See 19 CFR 351.309(c)(1)(ii). (``Any interested party may 
submit a `case brief' within . . . 30 days after the date of 
publication of the preliminary results of {a changed 
circumstances{time}  review, unless the Secretary alters the time 
limit . . .'') (Emphasis added).
    \30\ See 19 CFR 351.309(d).
    \31\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
    \32\ See 19 CFR 351.310(c) (``Any interested party may request 
that the Secretary hold a public hearing on arguments to be raised 
in case or rebuttal briefs within 30 days after the date of 
publication of the . . . preliminary results of review, unless the 
Secretary alters this time limit . . .'') (Emphasis added); see also 
19 CFR 351.303 for general filing requirements.
---------------------------------------------------------------------------

    All submissions, with limited exceptions, must be filed 
electronically using Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. An 
electronically filed document must be received successfully in its 
entirety by no later than 5:00 p.m. Eastern Time on the date the 
document is due.

Notifications to Interested Parties

    Consistent with 19 CFR 351.216(e), we intend to issue the final 
results of this CCR no later than 270 days after the date on which this 
review was initiated, or within 45 days after the publication of the 
preliminary results if all parties in this review agree to our 
preliminary results. The final results will include Commerce's analysis 
of issues raised in any written comments.
    We are issuing and publishing this initiation and preliminary 
results notice in accordance with sections 751(b)(1) and 777(i) of the 
Act, 19 CFR 351.216, and 19 CFR 351.221(c)(3)(i).

    Dated: November 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Exporter Certification

    Special Instructions: The party that made the sale to the United 
States should fill out the exporter certification. Only Protech 
Diamond Tools Inc., and Gogo International Inc., are eligible for 
this certification process.
    I hereby certify that:
    (A) My name is {COMPANY OFFICIAL'S NAME{time}  and I am an 
official of {NAME OF EXPORTING COMPANY{time} , located at 
{ADDRESS{time} ;
    (B) I have direct personal knowledge of the facts regarding the 
production and exportation of the finished diamond sawblades 
identified below. ``Direct personal knowledge'' refers to facts the 
certifying party is expected to have in its own books and records. 
For example, an exporter should have direct personal knowledge of 
the producer's identity and location.
    (C) Finished diamond sawblades produced in Canada and covered by 
this certification were not manufactured using cores produced in 
China.
    (D) This certification applies to the following sales to {NAME 
OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. 
CUSTOMER{time} . (repeat this block as many times as necessary):

Foreign Seller's Invoice # to U.S. Customer:
Foreign Seller's Invoice to U.S. Customer Line item #:
Producer Name: Protech Diamond Tools Inc.
Producer's Address: Unit 105, 1626-115 Avenue NE, Calgary, Alberta, 
Canada T3K 2E4
Producer's Invoice # to Foreign Seller: (If the foreign seller and 
the producer are the same party, put NA here.)

    (E) The finished diamond sawblades covered by this certification 
were shipped to {NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS 
SHIPPED{time} , located at U.S. {ADDRESS TO WHICH MERCHANDISE WAS 
SHIPPED{time} .
    (F) I understand that {NAME OF EXPORTING COMPANY{time}  is 
required to maintain a copy of this certification and sufficient 
documentation supporting this certification (i.e., documents 
maintained in the normal course of business, or documents obtained 
by the certifying party, for example, mill certificates, production 
records, invoices, etc.) for the later of (1) a period of five years 
from the date of entry or (2) a period of three years after the 
conclusion of any litigation in the United States courts regarding 
such entries.
    (G) I understand that {NAME OF EXPORTING COMPANY{time}  must 
provide a copy of this Exporter Certification to the U.S. importer 
by the date of shipment.
    (H) I understand that {NAME OF EXPORTING COMPANY{time}  is 
required to provide a copy of this certification and supporting 
records, upon request, to U.S. Customs and Border Protection (CBP) 
and/or the Department of Commerce (Commerce).
    (I) I understand that the claims made herein, and the 
substantiating documentation are subject to verification by CBP and/
or Commerce.
    (J) I understand that failure to maintain the required 
certification and/or failure to substantiate the claims made herein, 
and/or failure to allow CBP and/or Commerce to verify the claims 
made herein, may result in a de facto determination that all sales 
to which this certification applies are within the scope of the 
antidumping duty order on diamond sawblades and parts thereof from 
the People's Republic of China. I understand that such finding will 
result in:
    (i) suspension of all unliquidated entries (and entries for 
which liquidation has not become final) for which these requirements 
were not met; and
    (ii) the requirement that the importer post applicable 
antidumping duty cash deposits (as appropriate) equal to the rates 
as determined by Commerce; and
    (iii) the revocation of {NAME OF EXPORTING COMPANY{time} 's 
privilege to certify future exports of finished diamond sawblades 
from Canada as not manufactured using cores from China.
    (K) This certification was completed at or prior to the date of 
shipment;
    (L) I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make material false statements to the U.S. government.

Signature
NAME OF COMPANY OFFICIAL
TITLE
DATE

Importer Certification

    I hereby certify that:
    (A) My name is {IMPORTING COMPANY OFFICIAL'S NAME{time}  and I 
am an official of {NAME OF IMPORTING COMPANY{time} , located at 
{ADRESS OF IMPORTING COMPANY{time} .
    (B) I have direct personal knowledge of the facts regarding the 
importation into the Customs territory of the United States of 
finished diamond sawblades produced in Canada that entered under 
entry summary number(s) identified below and are covered by this 
certification. ``Direct personal knowledge'' refers to facts the 
certifying party is expected to have in its own records. For 
example, the importer should have direct personal knowledge of the 
importation of the product (e.g., the name of the exporter) in its 
records.
    (C) If the importer is acting on behalf of the first U.S. 
customer, complete this paragraph, if not put ``NA'' at the end of 
this paragraph: finished diamond sawblades covered by this 
certification were imported by {NAME OF IMPORTING COMPANY{time}  on 
behalf of {NAME OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. 
CUSTOMER{time} .
    (D) Finished diamond sawblades covered by this certification 
were shipped to {NAME OF PARTY TO WHOM MERCHANDISE WAS FIRST SHIPPED 
IN THE UNITED STATES{time} , located at {ADDRESS OF SHIPMENT{time} .
    (E) I have personal knowledge of the facts regarding the 
production of the finished diamond sawblades identified below. 
``Personal knowledge'' includes facts obtained from another party, 
(e.g., correspondence received by the importer (or exporter) from 
the producer regarding the country of manufacture of the imported 
products).
    (F) Finished diamond sawblades covered by this certification 
were not manufactured using cores produced in China.
    (G) This certification applies to the following entries (repeat 
this block as many times as necessary):

Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller's address:
Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:
Producer: Protech Diamond Tools Inc.

[[Page 74319]]

Producer's Address: Unit 105, 1626 -115 Avenue NE, Calgary, Alberta, 
Canada T3K 2E4
    (H) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to maintain a copy of this certification and sufficient 
documentation supporting this certification (i.e., documents 
maintained in the normal course of business, or documents obtained 
by the certifying party, for example, mill certificates, production 
records, invoices, etc.) for the later of (1) a period of five years 
from the date of entry or (2) a period of three years after the 
conclusion of any litigation in the United States courts regarding 
such entries.
    (I) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to provide this certification and supporting records to 
U.S. Customs and Border Protection (CBP) and/or the Department of 
Commerce (Commerce), upon request by the respective agency.
    (J) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to maintain a copy of the exporter's certification 
(attesting to the production and/or export of the imported 
merchandise identified above), and any supporting records provided 
by the exporter to the importer, for the later of (1) a period of 
five years from the date of entry or (2) a period of three years 
after the conclusion of any litigation in United States courts 
regarding such entries.
    (K) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required, upon request, to provide a copy of the exporter's 
certification and any supporting records provided by the exporter to 
the importer, to CBP and/or Commerce.
    (L) I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce.
    (M) I understand that failure to maintain the required 
certifications, and/or failure to substantiate the claims made 
herein, and/or failure to allow CBP and/or Commerce to verify the 
claims made herein, may result in a de facto determination that all 
entries to which this certification applies are within the scope of 
the antidumping duty order on diamond sawblades and parts thereof 
from the People's Republic of China. I understand that such finding 
will result in:
    (i) suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met;
    (ii) the requirement that the importer post applicable 
antidumping duty cash deposits (as appropriate) equal to the rates 
determined by Commerce; and
    (iii) the revocation of {NAME OF IMPORTING COMPANY{time} 's 
privilege to certify future imports of diamond sawblades from Canada 
as not manufactured using cores from China.
    (N) I understand that agents of the importer, such as brokers, 
are not permitted to make this certification. Where a broker or 
other party was used to facilitate the entry process, {NAME OF 
IMPORTING COMPANY{time}  obtained the entry summary number and date 
of entry summary from that party.
    (O) This certification was completed at or prior to the date of 
entry summary.
    (P) I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make material false statements to the U.S. government.
Signature
NAME OF COMPANY OFFICIAL
TITLE
DATE

[FR Doc. 2020-25682 Filed 11-19-20; 8:45 am]
BILLING CODE 3510-DS-P

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