Diamond Sawblades and Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Changed Circumstances Review, 86905-86908 [2020-28980]
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Federal Register / Vol. 85, No. 251 / Thursday, December 31, 2020 / Notices
hereby adopted by this notice.6 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. A list of
topics discussed in the Issues and
Decision Memorandum is included as
an appendix to this notice. In addition,
a complete version of the Issues and
Decision Memorandum can be accessed
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Issues and Decision
Memorandum are identical in content.
Final Results of Review
Pursuant to sections 752(b)(1) and (3)
of the Act, Commerce finds that
revocation of the Order would be likely
to lead to continuation or recurrence of
countervailable subsidies, at the
following rates:
Producer/exporter
Net subsidy rate
Fasten Group Corporation (Fasten Corp.), Fasten Group Import & Export Co., Ltd. (Fasten I&E), Jiangyin
Hongsheng Co. Ltd. (Hongsheng), Jiangyin Fasten Steel Products Co., Ltd. (Fasten Steel), Jiangyin Hongyu
Metal Products Co., Ltd. (Hongyu Metal), and Jiangyin Walsin Steel Cable Co., Ltd. (Walsin) (Collectively, the
Fasten Companies).
Xinhua Metal Products Company Ltd. (Xinhua), Xinyu Iron and Steel Joint Stock Limited Company (Xinyu), and
Xingang Iron and Steel Joint Stock Limited Liability Company (Xingang) (Collectively the Xinhua Companies).
All Others .......................................................................................................................................................................
Notification Regarding Administrative
Protective Order
This notice serves as the only
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.
Timely notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing the
results and notice in accordance with
sections 751(c), 752, and 777(i)(1) of the
Act and 19 CFR 351.218.
Dated: December 28, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
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List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. History of the Order
IV. Scope of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of a Countervailable Subsidy
2. Net Countervailable Subsidy Likely to
Prevail
3. Nature of the Subsidy
VII. Final Results of Review
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
Second Sunset Review of the Countervailing Duty
Order on Prestressed Concrete Steel Wire Strand
from the People’s Republic of China,’’ dated
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VIII. Recommendation
[FR Doc. 2020–28984 Filed 12–30–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
9.42 percent ad valorem.
45.85 percent ad valorem.
27.64 percent ad valorem.
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–9180.
SUPPLEMENTARY INFORMATION:
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 20, 2020, the
Department of Commerce (Commerce)
published the initiation and 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). For
these final results, Commerce continues
to find that Protech Diamond Tools Inc.
(Protech) and Gogo International Inc.
(Gogo) are affiliated. Additionally,
Commerce continues to find that
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.
DATES: Applicable December 31, 2020.
FOR FURTHER INFORMATION CONTACT:
Michael A. Romani, AD/CVD
Operations, Office I, Enforcement and
Compliance, International Trade
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.’’ However, 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 We
indicated that Protech could, at some
future point request reconsideration of
Commerce’s 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 claimed 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
concurrently with, and hereby adopted by, this
notice.
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.
International Trade Administration
[A–570–900]
Diamond Sawblades and Parts Thereof
From the People’s Republic of China:
Final Results of Antidumping Duty
Changed Circumstances Review
AGENCY:
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exported from Canada by Protech, its
affiliate Gogo, or a third party, to the
United States.4 Protech requested that
Commerce find it eligible for
certification of these diamond
sawblades as non-subject merchandise.
On August 26, 2020, the 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
Commerce preliminarily determined
that Protech is able to track and certify
the country of origin of the diamond
sawblade cores used in the production
of diamond sawblades produced at its
facility in Canada. Commerce further
determined that diamond sawblades
produced in Canada by Protech, using
Chinese cores and Chinese segments,
and exported by Protech or its affiliate,
Gogo, to the United States are subject to
the antidumping duty order on diamond
sawblades from China.8
No party commented on the Initiation
and Preliminary Results regarding
Commerce’s analysis of Protech’s
practices to track the country of origin
of the cores it uses to produce diamond
sawblades which are exported to the
United States, the determination that
Protech and Gogo are affiliated, the
sufficiency of the certification process,
or the certification language.
Scope of the Order
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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
4 See Protech’s Letters, ‘‘Request for Changed
Circumstances Review,’’ dated August 19, 2020
(CCR Request) at 1–2; see also ‘‘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.
8 See Diamond Sawblades and Parts Thereof from
the People’s Republic of China: Initiation and
Preliminary Results of Antidumping Duty Changed
Circumstances Review, 85 FR 74315 (November 20,
2020) (Initiation and Preliminary Results).
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circular steel plates, whether or not
attached to non-steel plates, with slots.
Diamond sawblade cores are
manufactured principally, but not
exclusively, from alloy steel. A diamond
sawblade segment consists of a mixture
of diamonds (whether natural or
synthetic, and regardless of the quantity
of diamonds) and metal powders
(including, but not limited to, iron,
cobalt, nickel, tungsten carbide) that are
formed together into a solid shape (from
generally, but not limited to, a heating
and pressing process).
Sawblades with diamonds directly
attached to the core with a resin or
electroplated bond, which thereby do
not contain a diamond segment, are not
included within the scope of the order.
Diamond sawblades and/or sawblade
cores with a thickness of less than 0.025
inches, or with a thickness greater than
1.1 inches, are excluded from the scope
of the order. Circular steel plates that
have a cutting edge of non-diamond
material, such as external teeth that
protrude from the outer diameter of the
plate, whether or not finished, are
excluded from the scope of the order.
Diamond sawblade cores with a
Rockwell C hardness of less than 25 are
excluded from the scope of the order.
Diamond sawblades and/or diamond
segment(s) with diamonds that
predominantly have a mesh size number
greater than 240 (such as 250 or 260) are
excluded from the scope of the order.
Merchandise subject to the order is
typically imported under heading
8202.39.00.00 of the Harmonized Tariff
Schedule of the United States (HTSUS).
When packaged together as a set for
retail sale with an item that is separately
classified under headings 8202 to 8205
of the HTSUS, diamond sawblades or
parts thereof may be imported under
heading 8206.00.00.00 of the HTSUS.
On October 11, 2011, Commerce
included the 6804.21.00.00 HTSUS
classification number to the customs
case reference file, pursuant to a request
by U.S. Customs and Border Protection
(CBP).9 Pursuant to requests by CBP,
Commerce included to the customs case
reference file the following HTSUS
classification numbers: 8202.39.0040
and 8202.39.0070 on January 22, 2015,
and 6804.21.0010 and 6804.21.0080 on
January 26, 2015.10
9 See Diamond Sawblades and Parts Thereof from
the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review, 76 FR
76128 (December 6, 2011).
10 See Diamond Sawblades and Parts Thereof
from the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; 2016–
2017, 83 FR 64331 (December 14, 2018), and
accompanying Issues and Decision Memorandum at
3.
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The tariff classification is provided for
convenience and customs purposes;
however, the written description of the
scope of the order is dispositive.
Final Results of Changed
Circumstances Review
Commerce is conducting this CCR in
accordance with sections 751(b)(1) and
777(i) of the Act and 19 CFR 351.216.
For the reasons stated in the Initiation
and Preliminary Results, and because
we received no comments from
interested parties, Commerce continues
to find that, since the publication of the
Final Determination, Protech has
demonstrated in its CCR request and
supplemental responses 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. Based on information
provided by Protech, we also continue
to find that Protech and Gogo are
affiliated, in accordance with section
771(33)(F) of the Act and 19 CFR
351.102(b)(3).11 Therefore, we continue
to 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.
Accordingly, effective on the
publication date of these 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 an appendix to
this notice is the final certification
language. Commerce also determines,
based on the request in this CCR, that
no other exporters are eligible for this
certification process.12
Suspension of Liquidation and
Certification Requirements
In accordance with 19 CFR
351.225(l)(3), 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
11 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 November 17, 2020, for
details containing Protech’s business proprietary
information.
12 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.
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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
November 20, 2020, the date of
initiation of the CCR.13
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 the
appendix to this notice. 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.14 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
13 See
Final Determination, 85 FR at 9739.
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).
14 See,
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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.
Notification to Interested Parties
We are issuing and publishing these
final results and notice in accordance
with sections 751(b)(1) and 777(i) of the
Act, and 19 CFR 351.216 and 351.222.
Dated: December 28, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
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
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}.
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(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
(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
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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.
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
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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
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. 2020–28980 Filed 12–30–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–945]
Prestressed Concrete Steel Wire
Strand From the People’s Republic of
China: Final Results of the Expedited
Second Sunset Review of the
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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The Department of Commerce
(Commerce) finds that revocation of the
antidumping duty order on prestressed
concrete steel wire strand (PC strand)
from the People’s Republic of China
(China) would be likely to lead to
continuation or recurrence of dumping
at the levels indicated in the ‘‘Final
Results of Sunset Review’’ section of
this notice.
SUMMARY:
DATES:
Applicable December 31, 2020.
FOR FURTHER INFORMATION CONTACT:
Emily Halle, AD/CVD Operations, Office
V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW,
Washington, DC 20230; telephone: (202)
482–0176.
SUPPLEMENTARY INFORMATION:
Background
On June 29, 2010, the Department of
Commerce (Commerce) published the
antidumping duty order on PC strand
from China.1 On September 1, 2020,
Commerce initiated the second sunset
review of the Order pursuant to section
751(c) of the Tariff Act of 1930, as
amended (the Act).2 On September 14,
2020, Commerce received a notice of
intent to participate in this sunset
review from Insteel Wire Products
Company, Sumiden Wire Products
Corporation, and Wire Mesh
Corporation (collectively, ‘‘Domestic
Industry’’), within the deadline
specified in 19 CFR 351.218(d)(1)(i).3
The members of the Domestic Industry
claimed interested party status under
section 771(9)(C) of the Act as producers
of the domestic like product in the
United States. On September 30, 2020,
Commerce received a substantive
response from the Domestic Industry
within the 30-day deadline specified in
19 CFR 351.218(d)(3)(i).4 Commerce
received no substantive responses from
respondent interested parties, nor was a
hearing requested. On October 27, 2020,
Commerce notified the U.S.
International Trade Commission (ITC)
that it did not receive an adequate
substantive response from respondent
1 See Notice of Antidumping Duty Order:
Prestressed Concrete Steel Wire Strand from the
People’s Republic of China, 75 FR 37382 (June 29,
2010) (Order).
2 See Initiation of Five-Year (Sunset) Reviews, 85
FR 54348 (September 1, 2020).
3 See Domestic Industry’s Letter, ‘‘Prestressed
Concrete Steel Wire Strand from the People’s
Republic of China—Domestic Industry’s Notice of
Intent to Participate,’’ dated September 14, 2020.
4 See Domestic Industry’s Letter, ‘‘Prestressed
Concrete Steel Wire Strand from the People’s
Republic of China—Domestic Industry’s
Substantive Response,’’ dated September 30, 2020.
E:\FR\FM\31DEN1.SGM
31DEN1
]]>Agencies
[Federal Register Volume 85, Number 251 (Thursday, December 31, 2020)]
[Notices]
[Pages 86905-86908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28980]
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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 Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On November 20, 2020, the Department of Commerce (Commerce)
published the initiation and 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). For these final results, Commerce continues
to find that Protech Diamond Tools Inc. (Protech) and Gogo
International Inc. (Gogo) are affiliated. Additionally, Commerce
continues to find that 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.
DATES: Applicable December 31, 2020.
FOR FURTHER INFORMATION CONTACT: Michael A. Romani, 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) 482-9180.
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.'' However, 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\ We indicated that Protech
could, at some future point request reconsideration of Commerce's
denial of the certification process in, e.g., a CCR.\3\
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\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.
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On August 19, 2020, Protech submitted a request for a CCR, in which
Protech claimed 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
[[Page 86906]]
exported from Canada by Protech, its affiliate Gogo, or a third party,
to the United States.\4\ Protech requested that Commerce find it
eligible for certification of these diamond sawblades as non-subject
merchandise. On August 26, 2020, the 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\
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\4\ See Protech's Letters, ``Request for Changed Circumstances
Review,'' dated August 19, 2020 (CCR Request) at 1-2; see also
``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.
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Commerce preliminarily determined that Protech is able to track and
certify the country of origin of the diamond sawblade cores used in the
production of diamond sawblades produced at its facility in Canada.
Commerce further determined that diamond sawblades produced in Canada
by Protech, using Chinese cores and Chinese segments, and exported by
Protech or its affiliate, Gogo, to the United States are subject to the
antidumping duty order on diamond sawblades from China.\8\
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\8\ See Diamond Sawblades and Parts Thereof from the People's
Republic of China: Initiation and Preliminary Results of Antidumping
Duty Changed Circumstances Review, 85 FR 74315 (November 20, 2020)
(Initiation and Preliminary Results).
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No party commented on the Initiation and Preliminary Results
regarding Commerce's analysis of Protech's practices to track the
country of origin of the cores it uses to produce diamond sawblades
which are exported to the United States, the determination that Protech
and Gogo are affiliated, the sufficiency of the certification process,
or the certification language.
Scope of the Order
The products covered by the order are all finished circular
sawblades, whether slotted or not, with a working part that is
comprised of a diamond segment or segments, and parts thereof,
regardless of specification or size, except as specifically excluded
below. Within the scope of the order are semi-finished diamond
sawblades, including diamond sawblade cores and diamond sawblade
segments. Diamond sawblade cores are circular steel plates, whether or
not attached to non-steel plates, with slots. Diamond sawblade cores
are manufactured principally, but not exclusively, from alloy steel. A
diamond sawblade segment consists of a mixture of diamonds (whether
natural or synthetic, and regardless of the quantity of diamonds) and
metal powders (including, but not limited to, iron, cobalt, nickel,
tungsten carbide) that are formed together into a solid shape (from
generally, but not limited to, a heating and pressing process).
Sawblades with diamonds directly attached to the core with a resin
or electroplated bond, which thereby do not contain a diamond segment,
are not included within the scope of the order. Diamond sawblades and/
or sawblade cores with a thickness of less than 0.025 inches, or with a
thickness greater than 1.1 inches, are excluded from the scope of the
order. Circular steel plates that have a cutting edge of non-diamond
material, such as external teeth that protrude from the outer diameter
of the plate, whether or not finished, are excluded from the scope of
the order. Diamond sawblade cores with a Rockwell C hardness of less
than 25 are excluded from the scope of the order. Diamond sawblades
and/or diamond segment(s) with diamonds that predominantly have a mesh
size number greater than 240 (such as 250 or 260) are excluded from the
scope of the order.
Merchandise subject to the order is typically imported under
heading 8202.39.00.00 of the Harmonized Tariff Schedule of the United
States (HTSUS). When packaged together as a set for retail sale with an
item that is separately classified under headings 8202 to 8205 of the
HTSUS, diamond sawblades or parts thereof may be imported under heading
8206.00.00.00 of the HTSUS. On October 11, 2011, Commerce included the
6804.21.00.00 HTSUS classification number to the customs case reference
file, pursuant to a request by U.S. Customs and Border Protection
(CBP).\9\ Pursuant to requests by CBP, Commerce included to the customs
case reference file the following HTSUS classification numbers:
8202.39.0040 and 8202.39.0070 on January 22, 2015, and 6804.21.0010 and
6804.21.0080 on January 26, 2015.\10\
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\9\ See Diamond Sawblades and Parts Thereof from the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative
Review, 76 FR 76128 (December 6, 2011).
\10\ See Diamond Sawblades and Parts Thereof from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; 2016-2017, 83 FR 64331 (December 14, 2018), and accompanying
Issues and Decision Memorandum at 3.
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The tariff classification is provided for convenience and customs
purposes; however, the written description of the scope of the order is
dispositive.
Final Results of Changed Circumstances Review
Commerce is conducting this CCR in accordance with sections
751(b)(1) and 777(i) of the Act and 19 CFR 351.216. For the reasons
stated in the Initiation and Preliminary Results, and because we
received no comments from interested parties, Commerce continues to
find that, since the publication of the Final Determination, Protech
has demonstrated in its CCR request and supplemental responses 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. Based on information provided by Protech, we also
continue to find that Protech and Gogo are affiliated, in accordance
with section 771(33)(F) of the Act and 19 CFR 351.102(b)(3).\11\
Therefore, we continue to 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.
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\11\ 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 November 17, 2020, for
details containing Protech's business proprietary information.
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Accordingly, effective on the publication date of these 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 an appendix to this
notice is the final certification language. Commerce also determines,
based on the request in this CCR, that no other exporters are eligible
for this certification process.\12\
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\12\ 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.
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Suspension of Liquidation and Certification Requirements
In accordance with 19 CFR 351.225(l)(3), 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
[[Page 86907]]
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 November 20,
2020, the date of initiation of the CCR.\13\
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\13\ See Final Determination, 85 FR at 9739.
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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 the appendix to this notice. 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.\14\ 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.
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\14\ 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).
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Notification to Interested Parties
We are issuing and publishing these final results and notice in
accordance with sections 751(b)(1) and 777(i) of the Act, and 19 CFR
351.216 and 351.222.
Dated: December 28, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
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
[[Page 86908]]
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.
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. 2020-28980 Filed 12-30-20; 8:45 am]
BILLING CODE 3510-DS-P
