Diamond Sawblades and Parts Thereof From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Rescission of Review in Part; 2018-2019, 14873-14876 [2021-05741]

Download as PDF Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Notices Changes Since the Preliminary Results Based on the comments received, we made changes for these final results which are explained in the Issues and Decision Memorandum. Final Results of the Administrative Review We determine that the following weighted-average dumping margin exists for the period May 1, 2018, through April 30, 2019. Weightedaverage dumping margin (percent) Producer or exporter Garg Tube Export LLP and Garg Tube Limited ........................... 13.90 Disclosure We intend to disclose the calculations performed in connection with these final results to parties in this proceeding within five days after public announcement of the final results, in accordance with 19 CFR 351.224(b). Assessment Rates jbell on DSKJLSW7X2PROD with NOTICES Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b)(1), Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. For Garg Tube, we calculated importer-specific assessment rates on the basis of the ratio of the total amount of dumping calculated for each importer’s examined sales and the total entered value of those sales in accordance with 19 CFR 351.212(b)(1).6 Where an importerspecific assessment rate is de minimis (i.e., less than 0.5 percent), the entries by that importer will be liquidated without reference to antidumping duties. For entries of subject merchandise during the POR produced by Garg Tube for which it did not know the merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the allothers rate if there is no rate for the intermediate company(ies) involved in the transaction.7 6 In these final results, Commerce applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012). 7 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). VerDate Sep<11>2014 19:13 Mar 18, 2021 Jkt 253001 Consistent with its recent notice,8 Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements The following cash deposit requirements will be effective upon publication in the Federal Register of this notice for all shipments of pipe and tube from India entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for Garg Tube will be equal to the weighted-average dumping margin established in the final results of the review; (2) for merchandise exported by producers or exporters not covered in this review but covered in a prior completed segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published in the completed segment for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation but the producer has been covered in a priorcompleted segment of this proceeding, then the cash deposit rate will be the rate established in the completed segment for the most recent period for the producer of the merchandise; (4) the cash deposit rate for all other producers or exporters will continue to be 7.08 percent, the allothers rate established in the less-thanfair-value investigation for this proceeding.9 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Secretary’s presumption that 8 See Notice of Discontinuation of Policy to Issue Liquidation Instructions After 15 Days in Applicable Antidumping and Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 15, 2021). 9 See Antidumping Duty Order; Certain Welded Carbon Steel Standard Pipes and Tubes from India, 51 FR 17384 (May 12, 1986). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 14873 reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation subject to sanction. Notification to Interested Parties We are issuing and publishing these results of administrative review in accordance with sections 751(a) and 777(i) of the Act and 19 CFR 351.221(b)(5). Dated: March 15, 2020. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: Particular Market Situation and Quantifying an Adjustment Comment 2: Partial Adverse Facts Available for Non-Cooperative Unaffiliated Suppliers’ Costs VI. Recommendation [FR Doc. 2021–05740 Filed 3–18–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–900] Diamond Sawblades and Parts Thereof From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Rescission of Review in Part; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines AGENCY: E:\FR\FM\19MRN1.SGM 19MRN1 14874 Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Notices that diamond sawblades and parts thereof from the People’s Republic of China (China) were sold at less than normal value during the period of review (POR) November 1, 2018, through October 31, 2019. Interested parties are invited to comment on these preliminary results of review. DATES: Applicable March 19, 2021. FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Thomas Schauer, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3683 and (202) 482–0410, respectively. SUPPLEMENTARY INFORMATION: Background On January 17, 2020, Commerce initiated the administrative review of the antidumping duty order on diamond sawblades and parts thereof from China.1 The administrative review covers two mandatory respondents, Chengdu Huifeng New Material Technology Co., Ltd. (Chengdu Huifeng) and Wuhan Wanbang Laser Diamond Tools Co., Ltd. (Wuhan Wanbang). On April 24, 2020, Commerce tolled all deadlines in administrative reviews by 50 days, thereby tolling the deadline for the preliminary results of review.2 On July 21, 2020, Commerce tolled all deadlines in administrative reviews by an additional 60 days, thereby tolling the deadline for the preliminary results of review until November 19, 2020.3 On October 19, 2020, Commerce extended the time limit for issuing the preliminary results of this review by 120 days, to no later than March 19, 2021.4 jbell on DSKJLSW7X2PROD with NOTICES Scope of the Order The merchandise subject to the antidumping duty order is diamond sawblades and parts thereof, which is typically imported under heading 8202.39.00.00 of the Harmonized Tariff Schedule of the United States (HTSUS). When packaged together as a set for retail sale with an item that is separately 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 3014 (January 17, 2020). 2 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews in Response to Operational Adjustments Due to COVID–19,’’ dated April 24, 2020. 3 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews,’’ dated July 21, 2020. 4 See Memorandum, ‘‘Diamond Sawblades and Parts Thereof from the People’s Republic of China: Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review, 2018– 2019,’’ dated October 19, 2020. VerDate Sep<11>2014 19:13 Mar 18, 2021 Jkt 253001 classified under headings 8202 to 8205 of the HTSUS, diamond sawblades or parts thereof may be imported under heading 8206.00.00.00 of the HTSUS. On October 11, 2011, Commerce included the 6804.21.00.00 HTSUS classification number to the customs case reference file, pursuant to a request by U.S. Customs and Border Protection (CBP). Pursuant to requests by CBP, Commerce included to the customs case reference file the following HTSUS classification numbers: 8202.39.0040 and 8202.39.0070 on January 22, 2015, and 6804.21.0010 and 6804.21.0080 on January 26, 2015. While the HTSUS numbers are provided for convenience and customs purposes, the written description is dispositive. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.5 Preliminary Determination of No Shipments Three companies that received a separate rate in previous segments of the proceeding and are subject to this review reported that they did not have any shipments of subject merchandise during the POR.6 We requested that CBP report any contrary information.7 To date, we have not received any contrary information from either CBP in response to our inquiry or any other sources that these companies had any shipments of the subject merchandise to the United States during the POR.8 Further, consistent with our practice, we find that it is not appropriate to rescind the review with respect to these companies, but rather to complete the review and issue appropriate instructions to CBP based on the final results of review.9 5 See Memorandum, ‘‘Diamond Sawblades and Parts Thereof from the People’s Republic of China: Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review; 2018–2019,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 6 See Bosun Tools Co., Ltd.’s Letter, ‘‘Diamond Sawblades from the People’s Republic of China Separate Rate Certification,’’ dated February 14, 2020; see also Danyang Weiwang Tools Manufacturing Co., Ltd.’s Letter, ‘‘Diamond Sawblades and Parts Thereof from the People’s Republic of China: Submission of Statement of No Shipments,’’ dated February 14, 2020; and Weihai Xiangguang Mechanical Industrial Co., Ltd.’s Letter, ‘‘No Shipment Letter for Weihai Xiangguang Mechanical Industrial Co., Ltd.: Diamond Sawblades and Parts Thereof from the People’s Republic of China (Review Period: 11/1/18–10/31/ 19),’’ dated February 14, 2020. 7 See CBP message numbers 0094406, 0094409, and 0094410, dated April 3, 2020 (ACCESS barcodes 3962143–01, 3962145–01, and 3962146– 01). 8 See Preliminary Decision Memorandum at 3–4. 9 See, e.g., Certain Steel Threaded Rod from the People’s Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Rescission of Review in Part Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the party that requested a review withdraws its request within 90 days of the date of publication of the notice of initiation. The request for an administrative review of Husqvarna (Hebei) Co., Ltd. was withdrawn within 90 days of the date of publication of the Initiation Notice.10 As a result, Commerce is rescinding this review with respect to this company in accordance with 19 CFR 351.213(d)(1). Separate Rates Commerce preliminarily determines that four respondents are eligible to receive separate rates in this review.11 Separate Rate for Eligible Non-Selected Respondents Commerce preliminarily determines that the respondents not selected for individual examination, the Jiangsu Fengtai Single Entity,12 and Zhejiang Wanli Tools Group Co., Ltd. (Zhejiang Wanli), are eligible to receive a separate rate in the administrative review.13 Consistent with our practice, we assigned to the Jiangsu Fengtai Single Entity, and Zhejiang Wanli, as the separate rate for the preliminary results of this review, a simple average of the rate calculated for Chengdu Huifeng and the rate assigned to Wuhan Wanbang based entirely on facts otherwise available with an adverse inference.14 China-Wide Entity Under Commerce’s policy regarding the conditional review of the Chinawide entity,15 the China-wide entity Preliminary Determination of No Shipments; 2018– 2019, 84 FR 71900 (December 30, 2019). 10 See Diamond Sawblades Manufacturers’ Coalition’s Letter, ‘‘Diamond Sawblades and Parts Thereof from the People’s Republic of China: Request to Withdraw Review of Certain Companies,’’ dated February 12, 2020; see also Husqvarna (Hebei) Co., Ltd.’s Letter, ‘‘Diamond Sawblades and Parts Thereof from the People’s Republic Of China: Withdrawal of Request for Administrative Review,’’ dated February 13, 2020. 11 See Preliminary Decision Memorandum at ‘‘Separate Rates’’ section. 12 Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd., Jiangsu Fengtai Tools Co., Ltd., and Jiangsu Fengtai Sawing Industry Co., Ltd., comprise the Jiangsu Fengtai Single Entity. See Diamond Sawblades and Parts Thereof from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2014–2015, 82 FR 26912, 26913 (June 12, 2017). We received review requests for Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd., Jiangsu Fengtai Diamond Tools Co., Ltd., and Jiangsu Fengtai Tools Co., Ltd. 13 For more details, see Preliminary Decision Memorandum at 10–11. 14 Id. 15 See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent E:\FR\FM\19MRN1.SGM 19MRN1 Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Notices will not be under review unless a party specifically requests, or Commerce selfinitiates, a review of the entity. Because no party requested a review of the China-wide entity in this review, the entity is not under review, and the entity’s rate (i.e., 82.05 percent) is not subject to change.16 Aside from the noshipment and separate rate companies discussed above, Commerce considers all other companies for which a review was requested (which did not file a separate rate application) to be part of the China-wide entity.17 Methodology Commerce is conducting this review in accordance with section 751(a)(1)(B) and (a)(2) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213. Export price is calculated in accordance with section 772(c) of the Act. Because China is a non-market economy within the meaning of section 771(18) of the Act, normal value has been calculated in accordance with section 773(c) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized 14875 Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be found at https://enforcement.trade.gov/frn/. A list of the topics discussed in the Preliminary Decision Memorandum is attached as Appendix I to this notice. Preliminary Results of Administrative Review We are assigning the following weighted-average dumping margins to the firms listed below for the period November 1, 2018, through October 31, 2019: Weighted-average dumping\margin (percent) Exporters Chengdu Huifeng New Material Technology Co., Ltd ................................................................................................................... Wuhan Wanbang Laser Diamond Tools Co., Ltd ......................................................................................................................... 0.00 82.05 Review-Specific Average Rate Applicable to the Following Companies: 18 Jiangsu Fengtai Single Entity ........................................................................................................................................................ Zhejiang Wanli Tools Group Co., Ltd ............................................................................................................................................ Disclosure We intend to disclose calculations performed in these preliminary results to parties within five days after public announcement of the preliminary results.19 Public Comment jbell on DSKJLSW7X2PROD with NOTICES Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit case briefs no later than 30 days after the date of publication of this notice.20 Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than seven days after the date for filing case briefs.21 Commerce modified certain of its requirements for serving documents containing business proprietary information until further notice.22 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). 16 See, e.g., Diamond Sawblades and Parts Thereof from the People’s Republic of China; Final Results of Antidumping Duty Administrative Review; 2012–2013, 80 FR 32344, 32345 (June 8, 2015). 17 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 3014, 3019–20 (January 17, 2020) (‘‘All firms listed below that wish to qualify for separate rate status VerDate Sep<11>2014 19:13 Mar 18, 2021 Jkt 253001 41.03 41.03 (2) a brief summary of the argument; and (3) a table of authorities.23 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, filed electronically using ACCESS. Hearing requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. An electronically filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice.24 Unless the deadline is extended, Commerce intends to issue the final results of these reviews, including the results of its analysis of issues raised by parties in their comments, within 120 days after the publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h). in the administrative reviews involving NME countries must complete, as appropriate, either a separate rate application or certification, as described below’’); see also Appendix II of this notice for a list of companies that are subject to this administrative review that are considered to be part of the China-wide entity. 18 This rate is based on the simple average of the rates for the respondents that were selected for individual review as described in ‘‘Separate Rate for Eligible Non-Selected Respondents,’’ above. 19 See 19 CFR 351.224(b). 20 See 19 CFR 351.309(c). 21 See 19 CFR 351.309(d). 22 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 23 See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for general filing requirements). 24 See 19 CFR 351.310(c). 25 See 19 CFR 351.212(b)(1). 26 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 2012). 27 See 19 CFR 351.106(c)(2). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Assessment Rates Upon issuing the final results, Commerce will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.25 If a respondent’s weightedaverage dumping margin is above de minimis (i.e., 0.50 percent) in the final results of this review, we will calculate an importer-specific assessment rate on the basis of the ratio of the total amount of dumping calculated for each importer’s examined sales and, where possible, the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1).26 Where an importer- (or customer-) specific ad valorem rate is zero or de minimis, we will instruct CBP to liquidate appropriate entries without regard to antidumping duties.27 E:\FR\FM\19MRN1.SGM 19MRN1 14876 Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Notices For entries that were not reported in the U.S. sales databases submitted by exporters individually examined during this review, Commerce will instruct CBP to liquidate such entries at the China-wide rate. If Commerce determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s rate) will be liquidated at the China-wide rate.28 Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). jbell on DSKJLSW7X2PROD with NOTICES Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of these reviews for shipments of the subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For the subject merchandise exported by the companies listed above that have separate rates, the cash deposit rate will be that established in the final results of review (except, if the rates are zero, de minimis, or based entirely on AFA, then the cash deposit to be required will be the simple average of the rates we determine for the final results); (2) for previously investigated or reviewed Chinese and non-Chinese exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporterspecific rate; (3) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the China-wide entity; and (4) for all non-Chinese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Chinese exporter that supplied that nonChinese exporter. These deposit requirements, when imposed, shall remain in effect until further notice. 28 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011). VerDate Sep<11>2014 19:13 Mar 18, 2021 Jkt 253001 Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during these PORs. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties Commerce is issuing and publishing the preliminary results of this review in accordance with sections 751(a)(1)(B), 751(a)(3) and 777(i) of the Act, and 19 CFR 351.213 and 351.221(b)(4). Dated: March 15, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Preliminary Determination of No Shipments V. Discussion of the Methodology VI. Currency Conversion VII. Recommendation Appendix II DEPARTMENT OF COMMERCE National Institute of Standards and Technology National Voluntary Laboratory Accreditation Program—Proposed Revisions to the Personal Body Armor Laboratory Accreditation Program National Institute of Standards and Technology, Commerce. ACTION: Notice; request for comment. AGENCY: Companies Preliminarily Not Eligible for a Separate Rate and Treated as Part of the China-Wide Entity 1. ASHINE Diamond Tools Co., Ltd. 2. Danyang City Ou Di Ma Tools Co., Ltd. 3. Danyang Hantronic Import & Export Co., Ltd. 4. Danyang Huachang Diamond Tools Manufacturing Co., Ltd. 5. Danyang Like Tools Manufacturing Co., Ltd. 6. Danyang NYCL Tools Manufacturing Co., Ltd. 7. Danyang Tsunda Diamond Tools Co., Ltd. 8. Guilin Tebon Superhard Material Co., Ltd. Frm 00012 [FR Doc. 2021–05741 Filed 3–18–21; 8:45 am] BILLING CODE 3510–DS–P Appendix I PO 00000 9. Hangzhou Deer King Industrial and Trading Co., Ltd. 10. Hangzhou Kingburg Import & Export Co., Ltd. 11. Hebei XMF Tools Group Co., Ltd. 12. Henan Huanghe Whirlwind Co., Ltd. 13. Henan Huanghe Whirlwind International Co., Ltd. 14. Hong Kong Hao Xin International Group Limited 15. Hubei Changjiang Precision Engineering Materials Technology Co., Ltd. 16. Hubei Sheng Bai Rui Diamond Tools Co., Ltd. 17. Huzhou Gu’s Import & Export Co., Ltd. 18. Jiangsu Huachang Diamond Tools Manufacturing Co., Ltd. 19. Jiangsu Inter-China Group Corporation 20. Jiangsu Youhe Tool Manufacturer Co., Ltd. 21. Orient Gain International Limited 22. Pantos Logistics (HK) Company Limited 23. Pujiang Talent Diamond Tools Co., Ltd. 24. Qingdao Hyosung Diamond Tools Co., Ltd. 25. Qingyuan Shangtai Diamond Tools Co., Ltd. 26. Qingdao Shinhan Diamond Industrial Co., Ltd. 27. Quanzhou Zhongzhi Diamond Tool Co., Ltd. 28. Rizhao Hein Saw Co., Ltd. 29. Saint-Gobain Abrasives (Shanghai) Co., Ltd. 30. Shanghai Jingquan Industrial Trade Co., Ltd. 31. Shanghai Starcraft Tools Co., Ltd. 32. Sino Tools Co., Ltd. 33. Wuhan Baiyi Diamond Tools Co., Ltd. 34. Wuhan Sadia Trading Co., Ltd. 35. Wuhan ZhaoHua Technology Co., Ltd. 36. Xiamen ZL Diamond Technology Co., Ltd. 37. ZL Diamond Technology Co., Ltd. 38. ZL Diamond Tools Co., Ltd. Fmt 4703 Sfmt 4703 The Chief of the National Institute of Standards and Technology’s (NIST) National Voluntary Laboratory Accreditation Program (NVLAP) may approve modifications to a specific Laboratory Accreditation Program (LAP) when a request to modify the LAP is received. Modifications may include addition of tests, types of tests or standards that are directly relevant to the LAP. NVLAP has received a request SUMMARY: E:\FR\FM\19MRN1.SGM 19MRN1

Agencies

[Federal Register Volume 86, Number 52 (Friday, March 19, 2021)]
[Notices]
[Pages 14873-14876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05741]


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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: Preliminary Results of Antidumping Duty Administrative Review, 
Preliminary Determination of No Shipments, and Rescission of Review in 
Part; 2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines

[[Page 14874]]

that diamond sawblades and parts thereof from the People's Republic of 
China (China) were sold at less than normal value during the period of 
review (POR) November 1, 2018, through October 31, 2019. Interested 
parties are invited to comment on these preliminary results of review.

DATES: Applicable March 19, 2021.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Thomas Schauer, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3683 and (202) 482-0410, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 17, 2020, Commerce initiated the administrative review 
of the antidumping duty order on diamond sawblades and parts thereof 
from China.\1\ The administrative review covers two mandatory 
respondents, Chengdu Huifeng New Material Technology Co., Ltd. (Chengdu 
Huifeng) and Wuhan Wanbang Laser Diamond Tools Co., Ltd. (Wuhan 
Wanbang).
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 3014 (January 17, 2020).
---------------------------------------------------------------------------

    On April 24, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days, thereby tolling the deadline for the preliminary 
results of review.\2\ On July 21, 2020, Commerce tolled all deadlines 
in administrative reviews by an additional 60 days, thereby tolling the 
deadline for the preliminary results of review until November 19, 
2020.\3\ On October 19, 2020, Commerce extended the time limit for 
issuing the preliminary results of this review by 120 days, to no later 
than March 19, 2021.\4\
---------------------------------------------------------------------------

    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \4\ See Memorandum, ``Diamond Sawblades and Parts Thereof from 
the People's Republic of China: Extension of Time Limit for 
Preliminary Results of Antidumping Duty Administrative Review, 2018-
2019,'' dated October 19, 2020.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the antidumping duty order is diamond 
sawblades and parts thereof, which is typically imported under heading 
8202.39.00.00 of the Harmonized Tariff Schedule of the United States 
(HTSUS). When packaged together as a set for retail sale with an item 
that is separately classified under headings 8202 to 8205 of the HTSUS, 
diamond sawblades or parts thereof may be imported under heading 
8206.00.00.00 of the HTSUS. On October 11, 2011, Commerce included the 
6804.21.00.00 HTSUS classification number to the customs case reference 
file, pursuant to a request by U.S. Customs and Border Protection 
(CBP). Pursuant to requests by CBP, Commerce included to the customs 
case reference file the following HTSUS classification numbers: 
8202.39.0040 and 8202.39.0070 on January 22, 2015, and 6804.21.0010 and 
6804.21.0080 on January 26, 2015.
    While the HTSUS numbers are provided for convenience and customs 
purposes, the written description is dispositive. A full description of 
the scope of the order is contained in the Preliminary Decision 
Memorandum.\5\
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    \5\ See Memorandum, ``Diamond Sawblades and Parts Thereof from 
the People's Republic of China: Decision Memorandum for the 
Preliminary Results of the Antidumping Duty Administrative Review; 
2018-2019,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Preliminary Determination of No Shipments

    Three companies that received a separate rate in previous segments 
of the proceeding and are subject to this review reported that they did 
not have any shipments of subject merchandise during the POR.\6\ We 
requested that CBP report any contrary information.\7\ To date, we have 
not received any contrary information from either CBP in response to 
our inquiry or any other sources that these companies had any shipments 
of the subject merchandise to the United States during the POR.\8\ 
Further, consistent with our practice, we find that it is not 
appropriate to rescind the review with respect to these companies, but 
rather to complete the review and issue appropriate instructions to CBP 
based on the final results of review.\9\
---------------------------------------------------------------------------

    \6\ See Bosun Tools Co., Ltd.'s Letter, ``Diamond Sawblades from 
the People's Republic of China Separate Rate Certification,'' dated 
February 14, 2020; see also Danyang Weiwang Tools Manufacturing Co., 
Ltd.'s Letter, ``Diamond Sawblades and Parts Thereof from the 
People's Republic of China: Submission of Statement of No 
Shipments,'' dated February 14, 2020; and Weihai Xiangguang 
Mechanical Industrial Co., Ltd.'s Letter, ``No Shipment Letter for 
Weihai Xiangguang Mechanical Industrial Co., Ltd.: Diamond Sawblades 
and Parts Thereof from the People's Republic of China (Review 
Period: 11/1/18-10/31/19),'' dated February 14, 2020.
    \7\ See CBP message numbers 0094406, 0094409, and 0094410, dated 
April 3, 2020 (ACCESS barcodes 3962143-01, 3962145-01, and 3962146-
01).
    \8\ See Preliminary Decision Memorandum at 3-4.
    \9\ See, e.g., Certain Steel Threaded Rod from the People's 
Republic of China: Preliminary Results of the Antidumping Duty 
Administrative Review and Preliminary Determination of No Shipments; 
2018-2019, 84 FR 71900 (December 30, 2019).
---------------------------------------------------------------------------

Rescission of Review in Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the party that requested 
a review withdraws its request within 90 days of the date of 
publication of the notice of initiation. The request for an 
administrative review of Husqvarna (Hebei) Co., Ltd. was withdrawn 
within 90 days of the date of publication of the Initiation Notice.\10\ 
As a result, Commerce is rescinding this review with respect to this 
company in accordance with 19 CFR 351.213(d)(1).
---------------------------------------------------------------------------

    \10\ See Diamond Sawblades Manufacturers' Coalition's Letter, 
``Diamond Sawblades and Parts Thereof from the People's Republic of 
China: Request to Withdraw Review of Certain Companies,'' dated 
February 12, 2020; see also Husqvarna (Hebei) Co., Ltd.'s Letter, 
``Diamond Sawblades and Parts Thereof from the People's Republic Of 
China: Withdrawal of Request for Administrative Review,'' dated 
February 13, 2020.
---------------------------------------------------------------------------

Separate Rates

    Commerce preliminarily determines that four respondents are 
eligible to receive separate rates in this review.\11\
---------------------------------------------------------------------------

    \11\ See Preliminary Decision Memorandum at ``Separate Rates'' 
section.
---------------------------------------------------------------------------

Separate Rate for Eligible Non-Selected Respondents

    Commerce preliminarily determines that the respondents not selected 
for individual examination, the Jiangsu Fengtai Single Entity,\12\ and 
Zhejiang Wanli Tools Group Co., Ltd. (Zhejiang Wanli), are eligible to 
receive a separate rate in the administrative review.\13\ Consistent 
with our practice, we assigned to the Jiangsu Fengtai Single Entity, 
and Zhejiang Wanli, as the separate rate for the preliminary results of 
this review, a simple average of the rate calculated for Chengdu 
Huifeng and the rate assigned to Wuhan Wanbang based entirely on facts 
otherwise available with an adverse inference.\14\
---------------------------------------------------------------------------

    \12\ Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd., Jiangsu 
Fengtai Tools Co., Ltd., and Jiangsu Fengtai Sawing Industry Co., 
Ltd., comprise the Jiangsu Fengtai Single Entity. See Diamond 
Sawblades and Parts Thereof from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review; 2014-2015, 
82 FR 26912, 26913 (June 12, 2017). We received review requests for 
Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd., Jiangsu Fengtai 
Diamond Tools Co., Ltd., and Jiangsu Fengtai Tools Co., Ltd.
    \13\ For more details, see Preliminary Decision Memorandum at 
10-11.
    \14\ Id.
---------------------------------------------------------------------------

China-Wide Entity

    Under Commerce's policy regarding the conditional review of the 
China-wide entity,\15\ the China-wide entity

[[Page 14875]]

will not be under review unless a party specifically requests, or 
Commerce self-initiates, a review of the entity. Because no party 
requested a review of the China-wide entity in this review, the entity 
is not under review, and the entity's rate (i.e., 82.05 percent) is not 
subject to change.\16\ Aside from the no-shipment and separate rate 
companies discussed above, Commerce considers all other companies for 
which a review was requested (which did not file a separate rate 
application) to be part of the China-wide entity.\17\
---------------------------------------------------------------------------

    \15\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \16\ See, e.g., Diamond Sawblades and Parts Thereof from the 
People's Republic of China; Final Results of Antidumping Duty 
Administrative Review; 2012-2013, 80 FR 32344, 32345 (June 8, 2015).
    \17\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 3014, 3019-20 (January 17, 2020) 
(``All firms listed below that wish to qualify for separate rate 
status in the administrative reviews involving NME countries must 
complete, as appropriate, either a separate rate application or 
certification, as described below''); see also Appendix II of this 
notice for a list of companies that are subject to this 
administrative review that are considered to be part of the China-
wide entity.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) and (a)(2) of the Tariff Act of 1930, as amended (the 
Act), and 19 CFR 351.213. Export price is calculated in accordance with 
section 772(c) of the Act. Because China is a non-market economy within 
the meaning of section 771(18) of the Act, normal value has been 
calculated in accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum is a public document and is made available to the 
public via Enforcement and Compliance's Antidumping and Countervailing 
Duty Centralized Electronic Service System (ACCESS). ACCESS is 
available to registered users at https://access.trade.gov. In addition, 
a complete version of the Preliminary Decision Memorandum can be found 
at https://enforcement.trade.gov/frn/. A list of the topics discussed in 
the Preliminary Decision Memorandum is attached as Appendix I to this 
notice.

Preliminary Results of Administrative Review

    We are assigning the following weighted-average dumping margins to 
the firms listed below for the period November 1, 2018, through October 
31, 2019:
---------------------------------------------------------------------------

    \18\ This rate is based on the simple average of the rates for 
the respondents that were selected for individual review as 
described in ``Separate Rate for Eligible Non-Selected 
Respondents,'' above.

------------------------------------------------------------------------
                                                        Weighted-average
                      Exporters                          dumping\margin
                                                           (percent)
------------------------------------------------------------------------
Chengdu Huifeng New Material Technology Co., Ltd.....               0.00
Wuhan Wanbang Laser Diamond Tools Co., Ltd...........              82.05
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies: \18\
------------------------------------------------------------------------
Jiangsu Fengtai Single Entity........................              41.03
Zhejiang Wanli Tools Group Co., Ltd..................              41.03
------------------------------------------------------------------------

Disclosure

    We intend to disclose calculations performed in these preliminary 
results to parties within five days after public announcement of the 
preliminary results.\19\
---------------------------------------------------------------------------

    \19\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

Public Comment

    Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit 
case briefs no later than 30 days after the date of publication of this 
notice.\20\ Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed no later than seven days after the date for filing 
case briefs.\21\ Commerce modified certain of its requirements for 
serving documents containing business proprietary information until 
further notice.\22\ Parties who submit case briefs or rebuttal briefs 
in this proceeding are encouraged to submit with each argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.\23\
---------------------------------------------------------------------------

    \20\ See 19 CFR 351.309(c).
    \21\ See 19 CFR 351.309(d).
    \22\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
    \23\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for 
general filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
filed electronically using ACCESS. Hearing requests should contain: (1) 
The party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Issues raised 
in the hearing will be limited to those raised in the respective case 
briefs. An electronically filed document must be received successfully 
in its entirety by ACCESS by 5:00 p.m. Eastern Time within 30 days 
after the date of publication of this notice.\24\
---------------------------------------------------------------------------

    \24\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless the deadline is extended, Commerce intends to issue the 
final results of these reviews, including the results of its analysis 
of issues raised by parties in their comments, within 120 days after 
the publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h).

Assessment Rates

    Upon issuing the final results, Commerce will determine, and CBP 
shall assess, antidumping duties on all appropriate entries covered by 
this review.\25\ If a respondent's weighted-average dumping margin is 
above de minimis (i.e., 0.50 percent) in the final results of this 
review, we will calculate an importer-specific assessment rate on the 
basis of the ratio of the total amount of dumping calculated for each 
importer's examined sales and, where possible, the total entered value 
of those same sales in accordance with 19 CFR 351.212(b)(1).\26\ Where 
an importer- (or customer-) specific ad valorem rate is zero or de 
minimis, we will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.\27\
---------------------------------------------------------------------------

    \25\ See 19 CFR 351.212(b)(1).
    \26\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \27\ See 19 CFR 351.106(c)(2).

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[[Page 14876]]

    For entries that were not reported in the U.S. sales databases 
submitted by exporters individually examined during this review, 
Commerce will instruct CBP to liquidate such entries at the China-wide 
rate. If Commerce determines that an exporter under review had no 
shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number (i.e., at that exporter's 
rate) will be liquidated at the China-wide rate.\28\
---------------------------------------------------------------------------

    \28\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011).
---------------------------------------------------------------------------

    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of these reviews for shipments of the 
subject merchandise from China entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Act: (1) For the subject merchandise 
exported by the companies listed above that have separate rates, the 
cash deposit rate will be that established in the final results of 
review (except, if the rates are zero, de minimis, or based entirely on 
AFA, then the cash deposit to be required will be the simple average of 
the rates we determine for the final results); (2) for previously 
investigated or reviewed Chinese and non-Chinese exporters not listed 
above that received a separate rate in a prior segment of this 
proceeding, the cash deposit rate will continue to be the existing 
exporter-specific rate; (3) for all Chinese exporters of subject 
merchandise that have not been found to be entitled to a separate rate, 
the cash deposit rate will be that for the China-wide entity; and (4) 
for all non-Chinese exporters of subject merchandise which have not 
received their own rate, the cash deposit rate will be the rate 
applicable to the Chinese exporter that supplied that non-Chinese 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during these PORs. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    Commerce is issuing and publishing the preliminary results of this 
review in accordance with sections 751(a)(1)(B), 751(a)(3) and 777(i) 
of the Act, and 19 CFR 351.213 and 351.221(b)(4).

    Dated: March 15, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

Appendix II

Companies Preliminarily Not Eligible for a Separate Rate and Treated as 
Part of the China-Wide Entity

1. ASHINE Diamond Tools Co., Ltd.
2. Danyang City Ou Di Ma Tools Co., Ltd.
3. Danyang Hantronic Import & Export Co., Ltd.
4. Danyang Huachang Diamond Tools Manufacturing Co., Ltd.
5. Danyang Like Tools Manufacturing Co., Ltd.
6. Danyang NYCL Tools Manufacturing Co., Ltd.
7. Danyang Tsunda Diamond Tools Co., Ltd.
8. Guilin Tebon Superhard Material Co., Ltd.
9. Hangzhou Deer King Industrial and Trading Co., Ltd.
10. Hangzhou Kingburg Import & Export Co., Ltd.
11. Hebei XMF Tools Group Co., Ltd.
12. Henan Huanghe Whirlwind Co., Ltd.
13. Henan Huanghe Whirlwind International Co., Ltd.
14. Hong Kong Hao Xin International Group Limited
15. Hubei Changjiang Precision Engineering Materials Technology Co., 
Ltd.
16. Hubei Sheng Bai Rui Diamond Tools Co., Ltd.
17. Huzhou Gu's Import & Export Co., Ltd.
18. Jiangsu Huachang Diamond Tools Manufacturing Co., Ltd.
19. Jiangsu Inter-China Group Corporation
20. Jiangsu Youhe Tool Manufacturer Co., Ltd.
21. Orient Gain International Limited
22. Pantos Logistics (HK) Company Limited
23. Pujiang Talent Diamond Tools Co., Ltd.
24. Qingdao Hyosung Diamond Tools Co., Ltd.
25. Qingyuan Shangtai Diamond Tools Co., Ltd.
26. Qingdao Shinhan Diamond Industrial Co., Ltd.
27. Quanzhou Zhongzhi Diamond Tool Co., Ltd.
28. Rizhao Hein Saw Co., Ltd.
29. Saint-Gobain Abrasives (Shanghai) Co., Ltd.
30. Shanghai Jingquan Industrial Trade Co., Ltd.
31. Shanghai Starcraft Tools Co., Ltd.
32. Sino Tools Co., Ltd.
33. Wuhan Baiyi Diamond Tools Co., Ltd.
34. Wuhan Sadia Trading Co., Ltd.
35. Wuhan ZhaoHua Technology Co., Ltd.
36. Xiamen ZL Diamond Technology Co., Ltd.
37. ZL Diamond Technology Co., Ltd.
38. ZL Diamond Tools Co., Ltd.

[FR Doc. 2021-05741 Filed 3-18-21; 8:45 am]
BILLING CODE 3510-DS-P

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