81_FR_11219 81 FR 11177 - Diamond Sawblades and Parts Thereof From the People's Republic of China: Initiation and Preliminary Results of Changed Circumstances Review

81 FR 11177 - Diamond Sawblades and Parts Thereof From the People's Republic of China: Initiation and Preliminary Results of Changed Circumstances Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 42 (March 3, 2016)

Page Range11177-11179
FR Document2016-04711

Pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216 and 19 CFR 351.221(c)(3), the Department of Commerce (the Department) is initiating a changed circumstances review of the antidumping duty order on diamond sawblades and parts thereof (diamond sawblades) from the People's Republic of China (the PRC) with respect to Wuhan Wanbang Laser Diamond Tools Co., Ltd. Based on the information on the record, we preliminarily determine that Wuhan Wanbang Laser Diamond Tools Co., Ltd., is the successor-in- interest to Wuhan Wanbang Laser Diamond Tools Co. for purposes of determining antidumping duty liability. We invite interested parties to comment on these preliminary results.

Federal Register, Volume 81 Issue 42 (Thursday, March 3, 2016)
[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Notices]
[Pages 11177-11179]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04711]


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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: Initiation and Preliminary Results of Changed Circumstances 
Review

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

SUMMARY: Pursuant to section 751(b) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.216 and 19 CFR 351.221(c)(3), the 
Department of Commerce (the Department) is initiating a changed 
circumstances review of the antidumping duty order on diamond sawblades 
and parts thereof (diamond sawblades) from the People's Republic of 
China (the PRC) with respect to Wuhan Wanbang Laser Diamond Tools Co., 
Ltd. Based on the information on the record, we preliminarily determine 
that Wuhan Wanbang Laser Diamond Tools Co., Ltd., is the successor-in-
interest to Wuhan Wanbang Laser Diamond Tools Co. for purposes of 
determining antidumping duty liability. We invite interested parties to 
comment on these preliminary results.

DATES: Effective March 3, 2016.

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

SUPPLEMENTARY INFORMATION:

Background

    The Department published the antidumping duty order on diamond 
sawblades and parts thereof from the People's Republic of China on 
November 4, 2009.\1\ In its December 22, 2015, request for a changed 
circumstances review, Wuhan Wanbang Laser Diamond Tools Co., Ltd., 
informed the Department that, effective May 4, 2015, Wuhan Wanbang 
Laser Diamond Tools Co. (1) changed its legal status from a limited 
liability company to a joint-stock limited company and (2) changed its 
name to Wuhan Wanbang Laser Diamond Tools Co., Ltd.\2\ Wuhan Wanbang 
Laser Diamond Tools Co. is a respondent in the ongoing administrative 
review of the antidumping duty order on diamond sawblades from the PRC 
covering the period November 1, 2013, through October 31, 2014.\3\ Both 
Wuhan Wanbang Laser Diamond Tools Co. and Wuhan Wanbang Laser Diamond 
Tools Co., Ltd., are respondents in the ongoing administrative review 
of the same order covering the period November 1, 2014, through October 
31, 2015.\4\ Pursuant to section 751(b) of the Act, and 19 CFR 
351.216(c) and 19 CFR 351.221(c)(3), Wuhan Wanbang Laser Diamond Tools 
Co., Ltd., requested that the Department initiate an expedited changed 
circumstances review and determine that Wuhan Wanbang Laser Diamond 
Tools Co., Ltd., is the successor-in-interest to Wuhan Wanbang Laser 
Diamond Tools Co.
---------------------------------------------------------------------------

    \1\ See 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 Wuhan Wanbang Laser Diamond Tools Co., Ltd.'s request 
for a changed circumstances review dated December 22, 2015 (review 
request).
    \3\ See Diamond Sawblades and Parts Thereof From the People's 
Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review; 2013-2014, 80 FR 75854, 75855 (December 4, 
2015).
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 736, 738 (January 7, 2016).
---------------------------------------------------------------------------

    As explained in the memorandum from the Acting Assistant Secretary 
for Enforcement and Compliance, the Department has exercised its 
discretion to toll all administrative deadlines due to the recent 
closure of the Federal Government. All deadlines in this segment of the 
proceeding have been extended by four business days. The revised 
deadline for the initiation of this review is now February 25, 2016.\5\
---------------------------------------------------------------------------

    \5\ See Memorandum for the Record from Acting Assistant 
Secretary Ron Lorentzen entitled ``Tolling of Administrative 
Deadlines as a Result of the Government Closure during Snowstorm 
`Jonas' '' dated January 27, 2016.
---------------------------------------------------------------------------

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 semifinished 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

[[Page 11178]]

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, the Department 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).\6\ 
The tariff classification is provided for convenience and customs 
purposes; however, the written description of the scope of the order is 
dispositive.
---------------------------------------------------------------------------

    \6\ See Diamond Sawblades and Parts Thereof From the Republic of 
Korea: Preliminary Results of Antidumping Duty Administrative 
Review, 76 FR 76128, 76130 (December 6, 2011).
---------------------------------------------------------------------------

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), the 
Department will conduct a changed circumstances review upon receipt of 
a request from an interested party or receipt of information concerning 
an antidumping duty order which shows changed circumstances sufficient 
to warrant a review of the order. Based on the request from Wuhan 
Wanbang Laser Diamond Tools Co., Ltd. (Wuhan Wanbang Co., Ltd.) and in 
accordance with section 751(b)(1) of Act and 19 CFR 351.216(b), we are 
initiating a changed circumstances review to determine whether Wuhan 
Wanbang Co., Ltd., is the successor-in-interest to Wuhan Wanbang Laser 
Diamond Tools Co. (Wuhan Wanbang Co.). If we conclude that an expedited 
action is warranted, we may combine the notices of initiation and 
preliminary results of a changed circumstances review under 19 CFR 
351.221(c)(3)(ii). In this instance, because we have on the record the 
information necessary to make a preliminary finding, we find that 
expedited action is warranted and have combined the notices of 
initiation and preliminary results.

Preliminary Results of Expedited Changed Circumstances Review

    In making a successor-in-interest determination, the Department 
examines several factors including, but not limited to, changes in 
management, production facilities, supplier relationships, and customer 
base.\7\ While no single factor or combination of these factors will 
necessarily provide a dispositive indication of a successor-in-interest 
relationship, the Department will generally consider the new company to 
be the successor to the previous company if the new company's 
operations are not materially dissimilar to those of its 
predecessor.\8\ Thus, if the evidence demonstrates that, with respect 
to the production and sales of the subject merchandise, the new company 
operates as the same business entity as the former company, the 
Department will accord the new company the same antidumping treatment 
as its predecessor.\9\
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    \7\ See, e.g., Pressure Sensitive Plastic Tape from Italy: 
Preliminary Results of Antidumping Duty Changed Circumstances 
Review, 75 FR 8925 (February 26, 2010), unchanged in Pressure 
Sensitive Plastic Tape From Italy: Final Results of Antidumping Duty 
Changed Circumstances Review, 75 FR 27706 (May 18, 2010); and Brake 
Rotors From the People's Republic of China: Final Results of Changed 
Circumstances Antidumping Duty Administrative Review, 70 FR 69941 
(November 18, 2005) (Brake Rotors), citing Brass Sheet and Strip 
from Canada; Final Results of Antidumping Duty Administrative 
Review, 57 FR 20460 (May 13, 1992).
    \8\ See, e.g., Brake Rotors.
    \9\ Id. See also e.g., Notice of Initiation and Preliminary 
Results of Antidumping Duty Changed Circumstances Review: Certain 
Frozen Warmwater Shrimp From India, 77 FR 64953 (October 24, 2012), 
unchanged in Final Results of Antidumping Duty Changed Circumstances 
Review: Certain Frozen Warmwater Shrimp From India, 77 FR 73619 
(December 11, 2012).
---------------------------------------------------------------------------

    In its review request and in its responses to our two supplemental 
questionnaires,\10\ Wuhan Wanbang Co., Ltd., has provided evidence for 
us to preliminarily determine that it is the successor-in-interest to 
Wuhan Wanbang Co. Wuhan Wanbang Co., Ltd., states that its management, 
production facilities, and customer/supplier relationships have not 
changed as a result of changes to the legal status and name of the 
company.\11\ Wuhan Wanbang Co., Ltd., provided documents showing 
changes to the legal status and name of the company.\12\ Further, Wuhan 
Wanbang Co., Ltd., provided internal documents evidencing that: its 
domestic and overseas customers and suppliers have been the same before 
and after the changes to the company's legal status and name.\13\ Wuhan 
Wanbang Co., Ltd., also provided a list of members of the management 
team and supporting documentation indicating that Wuhan Wanbang Co.'s 
managers hold the same position in Wuhan Wanbang Co., Ltd., and 
documentation showing only small, insignificant changes to the members 
of the board of directors.\14\
---------------------------------------------------------------------------

    \10\ See the review request and Wuhan Wanbang Co., Ltd.'s 
supplemental responses dated January 21, 2016, and February 3, 2016.
    \11\ Id.
    \12\ See, e.g., the review request at Exhibits 4 and 5.
    \13\ See the review request at Exhibit 3, the January 21, 2016, 
supplemental response at Exhibits S-1 through S-3, and the February 
3, 2016, supplemental response at Exhibits S2-1 through S2-3.
    \14\ See the review request at Exhibit 3 and the January 21, 
2016, supplemental response at Exhibit S-4.
---------------------------------------------------------------------------

    Based on record evidence, we preliminarily determine that Wuhan 
Wanbang Co., Ltd., is the successor-in-interest to Wuhan Wanbang Co. 
for purposes of antidumping duty liability because the changes to the 
legal status and name of the company resulted in no significant changes 
to management, production facilities, supplier relationships, and 
customers. As a result, we preliminarily determine that Wuhan Wanbang 
Co., Ltd., operates as the same business entity as Wuhan Wanbang Co. 
Thus, we preliminarily determine that Wuhan Wanbang Co., Ltd., should 
receive the same antidumping duty cash deposit rate with respect to the 
subject merchandise as Wuhan Wanbang Co., its predecessor company.
    Because cash deposits are only estimates of the amount of 
antidumping duties that will be due, changes in cash deposit rates are 
not made retroactive and, therefore, no change will be made to Wuhan 
Wanbang Co., Ltd.'s cash deposit rate as a result of these preliminary 
results. If Wuhan Wanbang Co., Ltd., believes that the deposits paid 
exceed the actual amount of dumping, it is entitled to request an 
administrative review during the anniversary month of the publication 
of the order of those entries, i.e., November, to determine the proper 
assessment rate and receive a refund of any excess deposits.\15\ As a 
result, if these preliminary results are adopted in our final results 
of this changed circumstances review, we will instruct CBP to suspend 
shipments of subject merchandise made by Wuhan Wanbang Co., Ltd., at 
Wuhan Wanbang Co.'s cash deposit rate effective on the publication date 
of our final results.
---------------------------------------------------------------------------

    \15\ See Certain Hot-Rolled Lead and Bismuth Carbon Steel 
Products From the United Kingdom: Final Results of Changed-
Circumstances Antidumping and Countervailing Duty Administrative 
Reviews, 64 FR 66880 (November 30, 1999).

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[[Page 11179]]

Public Comment

    Interested parties may submit case briefs no later than 14 days 
after the publication of this notice.\16\ Rebuttal briefs, which must 
be limited to issues raised in case briefs, may be filed not later than 
five days after the deadline for filing case briefs.\17\ Parties who 
submit case briefs or rebuttal briefs in this changed circumstance 
review are requested to submit with each argument: (1) A statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities. Interested parties who wish to comment on the preliminary 
results must file briefs electronically using Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
http://access.trade.gov. An electronically-filed document must be 
received successfully in its entirety by the ACCESS no later than 5:00 
p.m. Eastern Time on the date the document is due. Interested parties 
that wish to request a hearing must submit a written request to the 
Assistant Secretary for Enforcement and Compliance, filed 
electronically via ACCESS, within 14 days of publication of this 
notice.\18\ Parties will be notified of the time and date of any 
hearing, if requested.\19\
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    \16\ See 19 CFR 351.309(c)(ii).
    \17\ See 19 CFR 351.309(d).
    \18\ See 19 CFR 351.310(c). See also 19 CFR 351.303 for general 
filing requirements.
    \19\ See 19 CFR 351.310.
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Notifications to Interested Parties

    Consistent with 19 CFR 351.216(e), we intend to issue the final 
results of this changed circumstances review no later than 270 days 
after the date on which this review was initiated, or within 45 days 
after the publication of the preliminary results if all parties in this 
review agree to our preliminary results. The final results will include 
the Department's analysis of issues raised in any written comments.
    This notice of initiation and preliminary results is in accordance 
with section 751(b)(1) of the Act, 19 CFR 351.216(b) and (d), and 19 
CFR 351.221(b)(1).

    Dated: February 26, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-04711 Filed 3-2-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                            Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices                                                                                           11177

                                                                                                                                                                                                                                                          Weighted-
                                                                                                                                                                                                                                                           average
                                                                                                                                   Exporter/manufacturer                                                                                                  dumping
                                                                                                                                                                                                                                                           margin
                                                                                                                                                                                                                                                          (percent)

                                                  Portugal:
                                                      Portucel S.A.16 .............................................................................................................................................................................              7.80
                                                      All-Others ......................................................................................................................................................................................          7.80



                                                     This notice constitutes the                                             FOR FURTHER INFORMATION CONTACT:                                            Tools Co., Ltd., is the successor-in-
                                                  antidumping duty orders with respect to                                    Yang Jin Chun AD/CVD Operations,                                            interest to Wuhan Wanbang Laser
                                                  certain uncoated paper from Australia,                                     Office I, Enforcement and Compliance,                                       Diamond Tools Co.
                                                  Brazil, Indonesia, the PRC, and Portugal                                   International Trade Administration,                                            As explained in the memorandum
                                                  pursuant to section 736(a) of the Act.                                     U.S. Department of Commerce, 1401                                           from the Acting Assistant Secretary for
                                                  Interested parties can find a list of                                      Constitution Avenue NW., Washington,                                        Enforcement and Compliance, the
                                                  antidumping duty orders currently in                                       DC 20230; telephone: (202) 482–5760.                                        Department has exercised its discretion
                                                  effect at http://enforcement.trade.gov/                                    SUPPLEMENTARY INFORMATION:                                                  to toll all administrative deadlines due
                                                  stats/iastats1.html.                                                                                                                                   to the recent closure of the Federal
                                                     These orders are published in                                           Background                                                                  Government. All deadlines in this
                                                  accordance with section 736(a) of the                                        The Department published the                                              segment of the proceeding have been
                                                  Act and 19 CFR 351.211(b).                                                 antidumping duty order on diamond                                           extended by four business days. The
                                                                                                                             sawblades and parts thereof from the                                        revised deadline for the initiation of this
                                                    Dated: February 25, 2016.
                                                                                                                             People’s Republic of China on                                               review is now February 25, 2016.5
                                                  Paul Piquado,
                                                                                                                             November 4, 2009.1 In its December 22,
                                                  Assistant Secretary for Enforcement and                                    2015, request for a changed                                                 Scope of the Order
                                                  Compliance.
                                                                                                                             circumstances review, Wuhan Wanbang                                            The products covered by the order are
                                                  [FR Doc. 2016–04699 Filed 3–2–16; 8:45 am]                                 Laser Diamond Tools Co., Ltd.,                                              all finished circular sawblades, whether
                                                  BILLING CODE 3510–DS–P                                                     informed the Department that, effective                                     slotted or not, with a working part that
                                                                                                                             May 4, 2015, Wuhan Wanbang Laser                                            is comprised of a diamond segment or
                                                                                                                             Diamond Tools Co. (1) changed its legal                                     segments, and parts thereof, regardless
                                                  DEPARTMENT OF COMMERCE                                                     status from a limited liability company                                     of specification or size, except as
                                                                                                                             to a joint-stock limited company and (2)                                    specifically excluded below. Within the
                                                  International Trade Administration
                                                                                                                             changed its name to Wuhan Wanbang                                           scope of the order are semifinished
                                                  [A–570–900]                                                                Laser Diamond Tools Co., Ltd.2 Wuhan                                        diamond sawblades, including diamond
                                                                                                                             Wanbang Laser Diamond Tools Co. is a                                        sawblade cores and diamond sawblade
                                                  Diamond Sawblades and Parts Thereof                                        respondent in the ongoing                                                   segments. Diamond sawblade cores are
                                                  From the People’s Republic of China:                                       administrative review of the                                                circular steel plates, whether or not
                                                  Initiation and Preliminary Results of                                      antidumping duty order on diamond                                           attached to non-steel plates, with slots.
                                                  Changed Circumstances Review                                               sawblades from the PRC covering the                                         Diamond sawblade cores are
                                                  AGENCY:   Enforcement and Compliance,                                      period November 1, 2013, through                                            manufactured principally, but not
                                                  International Trade Administration,                                        October 31, 2014.3 Both Wuhan                                               exclusively, from alloy steel. A diamond
                                                  Department of Commerce.                                                    Wanbang Laser Diamond Tools Co. and                                         sawblade segment consists of a mixture
                                                                                                                             Wuhan Wanbang Laser Diamond Tools                                           of diamonds (whether natural or
                                                  SUMMARY: Pursuant to section 751(b) of
                                                                                                                             Co., Ltd., are respondents in the ongoing                                   synthetic, and regardless of the quantity
                                                  the Tariff Act of 1930, as amended (the                                    administrative review of the same order
                                                  Act), and 19 CFR 351.216 and 19 CFR                                                                                                                    of diamonds) and metal powders
                                                                                                                             covering the period November 1, 2014,                                       (including, but not limited to, iron,
                                                  351.221(c)(3), the Department of                                           through October 31, 2015.4 Pursuant to
                                                  Commerce (the Department) is initiating                                                                                                                cobalt, nickel, tungsten carbide) that are
                                                                                                                             section 751(b) of the Act, and 19 CFR                                       formed together into a solid shape (from
                                                  a changed circumstances review of the                                      351.216(c) and 19 CFR 351.221(c)(3),
                                                  antidumping duty order on diamond                                                                                                                      generally, but not limited to, a heating
                                                                                                                             Wuhan Wanbang Laser Diamond Tools                                           and pressing process).
                                                  sawblades and parts thereof (diamond                                       Co., Ltd., requested that the Department
                                                  sawblades) from the People’s Republic                                                                                                                     Sawblades with diamonds directly
                                                                                                                             initiate an expedited changed                                               attached to the core with a resin or
                                                  of China (the PRC) with respect to                                         circumstances review and determine
                                                  Wuhan Wanbang Laser Diamond Tools                                                                                                                      electroplated bond, which thereby do
                                                                                                                             that Wuhan Wanbang Laser Diamond                                            not contain a diamond segment, are not
                                                  Co., Ltd. Based on the information on
                                                  the record, we preliminarily determine                                                                                                                 included within the scope of the order.
                                                                                                                                1 See Diamond Sawblades and Parts Thereof

                                                  that Wuhan Wanbang Laser Diamond                                           From the People’s Republic of China and the
                                                                                                                                                                                                         Diamond sawblades and/or sawblade
                                                  Tools Co., Ltd., is the successor-in-                                      Republic of Korea: Antidumping Duty Orders, 74 FR                           cores with a thickness of less than 0.025
                                                  interest to Wuhan Wanbang Laser                                            57145 (November 4, 2009).                                                   inches, or with a thickness greater than
                                                  Diamond Tools Co. for purposes of
                                                                                                                                2 See Wuhan Wanbang Laser Diamond Tools Co.,
                                                                                                                                                                                                         1.1 inches, are excluded from the scope
                                                                                                                             Ltd.’s request for a changed circumstances review                           of the order. Circular steel plates that
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  determining antidumping duty liability.                                    dated December 22, 2015 (review request).
                                                  We invite interested parties to comment                                       3 See Diamond Sawblades and Parts Thereof
                                                                                                                                                                                                         have a cutting edge of non-diamond
                                                  on these preliminary results.                                              From the People’s Republic of China: Preliminary                            material, such as external teeth that
                                                                                                                             Results of Antidumping Duty Administrative
                                                  DATES: Effective March 3, 2016.                                            Review; 2013–2014, 80 FR 75854, 75855 (December                               5 See Memorandum for the Record from Acting
                                                                                                                             4, 2015).                                                                   Assistant Secretary Ron Lorentzen entitled ‘‘Tolling
                                                    16 In Portugal Final, we determined to treat                                4 See Initiation of Antidumping and                                      of Administrative Deadlines as a Result of the
                                                  several companies as a single entity with Portucel                         Countervailing Duty Administrative Reviews, 81 FR                           Government Closure during Snowstorm ‘Jonas’ ’’
                                                  S.A.                                                                       736, 738 (January 7, 2016).                                                 dated January 27, 2016.



                                             VerDate Sep<11>2014         19:17 Mar 02, 2016         Jkt 238001       PO 00000       Frm 00005        Fmt 4703       Sfmt 4703      E:\FR\FM\03MRN1.SGM               03MRN1


                                                  11178                         Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices

                                                  protrude from the outer diameter of the                 Preliminary Results of Expedited                        have been the same before and after the
                                                  plate, whether or not finished, are                     Changed Circumstances Review                            changes to the company’s legal status
                                                  excluded from the scope of the order.                      In making a successor-in-interest                    and name.13 Wuhan Wanbang Co., Ltd.,
                                                  Diamond sawblade cores with a                           determination, the Department                           also provided a list of members of the
                                                  Rockwell C hardness of less than 25 are                 examines several factors including, but                 management team and supporting
                                                  excluded from the scope of the order.                   not limited to, changes in management,                  documentation indicating that Wuhan
                                                  Diamond sawblades and/or diamond                        production facilities, supplier                         Wanbang Co.’s managers hold the same
                                                  segment(s) with diamonds that                           relationships, and customer base.7                      position in Wuhan Wanbang Co., Ltd.,
                                                  predominantly have a mesh size number                   While no single factor or combination of                and documentation showing only small,
                                                  greater than 240 (such as 250 or 260) are               these factors will necessarily provide a                insignificant changes to the members of
                                                  excluded from the scope of the order.                   dispositive indication of a successor-in-               the board of directors.14
                                                  Merchandise subject to the order is                     interest relationship, the Department                      Based on record evidence, we
                                                  typically imported under heading                        will generally consider the new                         preliminarily determine that Wuhan
                                                  8202.39.00.00 of the Harmonized Tariff                  company to be the successor to the                      Wanbang Co., Ltd., is the successor-in-
                                                  Schedule of the United States (HTSUS).                  previous company if the new company’s                   interest to Wuhan Wanbang Co. for
                                                  When packaged together as a set for                     operations are not materially dissimilar                purposes of antidumping duty liability
                                                  retail sale with an item that is separately             to those of its predecessor.8 Thus, if the              because the changes to the legal status
                                                  classified under headings 8202 to 8205                  evidence demonstrates that, with                        and name of the company resulted in no
                                                  of the HTSUS, diamond sawblades or                      respect to the production and sales of                  significant changes to management,
                                                  parts thereof may be imported under                     the subject merchandise, the new                        production facilities, supplier
                                                  heading 8206.00.00.00 of the HTSUS.                     company operates as the same business                   relationships, and customers. As a
                                                  On October 11, 2011, the Department                     entity as the former company, the                       result, we preliminarily determine that
                                                  included the 6804.21.00.00 HTSUS                        Department will accord the new                          Wuhan Wanbang Co., Ltd., operates as
                                                  classification number to the customs                    company the same antidumping                            the same business entity as Wuhan
                                                  case reference file, pursuant to a request              treatment as its predecessor.9                          Wanbang Co. Thus, we preliminarily
                                                  by U.S. Customs and Border Protection                      In its review request and in its                     determine that Wuhan Wanbang Co.,
                                                  (CBP).6 The tariff classification is                    responses to our two supplemental                       Ltd., should receive the same
                                                  provided for convenience and customs                    questionnaires,10 Wuhan Wanbang Co.,                    antidumping duty cash deposit rate
                                                  purposes; however, the written                          Ltd., has provided evidence for us to                   with respect to the subject merchandise
                                                  description of the scope of the order is                preliminarily determine that it is the                  as Wuhan Wanbang Co., its predecessor
                                                  dispositive.                                            successor-in-interest to Wuhan                          company.
                                                  Initiation of Changed Circumstances                     Wanbang Co. Wuhan Wanbang Co., Ltd.,                       Because cash deposits are only
                                                  Review                                                  states that its management, production                  estimates of the amount of antidumping
                                                                                                          facilities, and customer/supplier                       duties that will be due, changes in cash
                                                    Pursuant to section 751(b)(1) of the
                                                                                                          relationships have not changed as a                     deposit rates are not made retroactive
                                                  Act and 19 CFR 351.216(d), the
                                                                                                          result of changes to the legal status and               and, therefore, no change will be made
                                                  Department will conduct a changed
                                                                                                          name of the company.11 Wuhan                            to Wuhan Wanbang Co., Ltd.’s cash
                                                  circumstances review upon receipt of a
                                                                                                          Wanbang Co., Ltd., provided documents                   deposit rate as a result of these
                                                  request from an interested party or
                                                                                                          showing changes to the legal status and                 preliminary results. If Wuhan Wanbang
                                                  receipt of information concerning an
                                                                                                          name of the company.12 Further, Wuhan                   Co., Ltd., believes that the deposits paid
                                                  antidumping duty order which shows
                                                                                                          Wanbang Co., Ltd., provided internal                    exceed the actual amount of dumping,
                                                  changed circumstances sufficient to
                                                                                                          documents evidencing that: its domestic                 it is entitled to request an administrative
                                                  warrant a review of the order. Based on
                                                                                                          and overseas customers and suppliers                    review during the anniversary month of
                                                  the request from Wuhan Wanbang Laser
                                                  Diamond Tools Co., Ltd. (Wuhan                                                                                  the publication of the order of those
                                                                                                             7 See, e.g., Pressure Sensitive Plastic Tape from
                                                  Wanbang Co., Ltd.) and in accordance                                                                            entries, i.e., November, to determine the
                                                                                                          Italy: Preliminary Results of Antidumping Duty
                                                  with section 751(b)(1) of Act and 19                    Changed Circumstances Review, 75 FR 8925
                                                                                                                                                                  proper assessment rate and receive a
                                                  CFR 351.216(b), we are initiating a                     (February 26, 2010), unchanged in Pressure              refund of any excess deposits.15 As a
                                                  changed circumstances review to                         Sensitive Plastic Tape From Italy: Final Results of     result, if these preliminary results are
                                                                                                          Antidumping Duty Changed Circumstances Review,          adopted in our final results of this
                                                  determine whether Wuhan Wanbang                         75 FR 27706 (May 18, 2010); and Brake Rotors From
                                                  Co., Ltd., is the successor-in-interest to              the People’s Republic of China: Final Results of
                                                                                                                                                                  changed circumstances review, we will
                                                  Wuhan Wanbang Laser Diamond Tools                       Changed Circumstances Antidumping Duty                  instruct CBP to suspend shipments of
                                                  Co. (Wuhan Wanbang Co.). If we                          Administrative Review, 70 FR 69941 (November 18,        subject merchandise made by Wuhan
                                                                                                          2005) (Brake Rotors), citing Brass Sheet and Strip      Wanbang Co., Ltd., at Wuhan Wanbang
                                                  conclude that an expedited action is                    from Canada; Final Results of Antidumping Duty
                                                  warranted, we may combine the notices                   Administrative Review, 57 FR 20460 (May 13,
                                                                                                                                                                  Co.’s cash deposit rate effective on the
                                                  of initiation and preliminary results of                1992).                                                  publication date of our final results.
                                                                                                             8 See, e.g., Brake Rotors.
                                                  a changed circumstances review under                       9 Id. See also e.g., Notice of Initiation and          13 See the review request at Exhibit 3, the January
                                                  19 CFR 351.221(c)(3)(ii). In this                       Preliminary Results of Antidumping Duty Changed         21, 2016, supplemental response at Exhibits S–1
                                                  instance, because we have on the record                 Circumstances Review: Certain Frozen Warmwater          through S–3, and the February 3, 2016,
                                                  the information necessary to make a                     Shrimp From India, 77 FR 64953 (October 24,             supplemental response at Exhibits S2–1 through
                                                  preliminary finding, we find that                       2012), unchanged in Final Results of Antidumping        S2–3.
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                                                                                                          Duty Changed Circumstances Review: Certain                14 See the review request at Exhibit 3 and the
                                                  expedited action is warranted and have                  Frozen Warmwater Shrimp From India, 77 FR               January 21, 2016, supplemental response at Exhibit
                                                  combined the notices of initiation and                  73619 (December 11, 2012).                              S–4.
                                                  preliminary results.                                       10 See the review request and Wuhan Wanbang            15 See Certain Hot-Rolled Lead and Bismuth
                                                                                                          Co., Ltd.’s supplemental responses dated January        Carbon Steel Products From the United Kingdom:
                                                    6 See Diamond Sawblades and Parts Thereof             21, 2016, and February 3, 2016.                         Final Results of Changed-Circumstances
                                                                                                             11 Id.
                                                  From the Republic of Korea: Preliminary Results of                                                              Antidumping and Countervailing Duty
                                                  Antidumping Duty Administrative Review, 76 FR              12 See, e.g., the review request at Exhibits 4 and   Administrative Reviews, 64 FR 66880 (November
                                                  76128, 76130 (December 6, 2011).                        5.                                                      30, 1999).



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                                                                                Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices                                                    11179

                                                  Public Comment                                          DEPARTMENT OF COMMERCE                                On February 9, 2016, Petitioners 3
                                                                                                                                                                submitted a timely request pursuant to
                                                     Interested parties may submit case                   International Trade Administration                    section 733(c)(1)(A) of the Act and 19
                                                  briefs no later than 14 days after the                                                                        CFR 351.205(e).4
                                                  publication of this notice.16 Rebuttal                  [A–533–867]                                             The Department finds that because
                                                  briefs, which must be limited to issues                                                                       there are no compelling reasons to deny
                                                                                                          Welded Stainless Pressure Pipe From
                                                  raised in case briefs, may be filed not                                                                       Petitioners’ request, the Department is
                                                                                                          India: Postponement of Preliminary
                                                  later than five days after the deadline for                                                                   postponing the deadline for the
                                                                                                          Determination of Antidumping Duty
                                                  filing case briefs.17 Parties who submit                                                                      preliminary determination to no later
                                                                                                          Investigation                                         than 190 days after the day on which
                                                  case briefs or rebuttal briefs in this
                                                  changed circumstance review are                         AGENCY:  Enforcement and Compliance,                  the investigation was initiated, in
                                                  requested to submit with each                           International Trade Administration,                   accordance with section 733(c)(1)(A) of
                                                  argument: (1) A statement of the issue;                 Department of Commerce.                               the Act, plus an additional four business
                                                  (2) a brief summary of the argument;                                                                          days in accordance with the Tolling
                                                                                                          DATES:   Effective Date: March 3, 2016.               Memorandum. Accordingly, the
                                                  and (3) a table of authorities. Interested              FOR FURTHER INFORMATION CONTACT:                      Department will issue the preliminary
                                                  parties who wish to comment on the                      James Terpstra, AD/CVD Operations,                    determination no later than May 3,
                                                  preliminary results must file briefs                    Office III, Enforcement and Compliance,               2016. In accordance with section
                                                  electronically using Enforcement and                    International Trade Administration,                   735(a)(1) of the Act and 19 CFR
                                                  Compliance’s Antidumping and                            U.S. Department of Commerce, 14th                     351.210(b)(1), the deadline for the final
                                                  Countervailing Duty Centralized                         Street and Constitution Avenue NW.,                   determination of this investigation will
                                                  Electronic Service System (ACCESS).                     Washington, DC 20230; telephone: (202)                continue to be 75 days after the date of
                                                  ACCESS is available to registered users                 482–3965.                                             the preliminary determination, unless
                                                  at http://access.trade.gov. An                          SUPPLEMENTARY INFORMATION:                            postponed at a later date.
                                                  electronically-filed document must be                                                                           This notice is issued and published
                                                  received successfully in its entirety by                Background                                            pursuant to section 733(c)(2) of the Act
                                                  the ACCESS no later than 5:00 p.m.                         On October 20, 2015, the Department                and 19 CFR 351.205(f)(1).
                                                  Eastern Time on the date the document                   of Commerce (‘‘Department’’) initiated                  Dated: February 26, 2016.
                                                  is due. Interested parties that wish to                 an antidumping duty investigation on                  Paul Piquado.
                                                  request a hearing must submit a written                 welded stainless pressure pipe from                   Assistant Secretary for Enforcement and
                                                  request to the Assistant Secretary for                  India.1 As explained in the                           Compliance.
                                                  Enforcement and Compliance, filed                       Memorandum from the Acting Assistant                  [FR Doc. 2016–04719 Filed 3–2–16; 8:45 am]
                                                  electronically via ACCESS, within 14                    Secretary for Enforcement and                         BILLING CODE 3510–DS–P
                                                  days of publication of this notice.18                   Compliance, the Department has
                                                  Parties will be notified of the time and                exercised its discretion to toll all
                                                  date of any hearing, if requested.19                    administrative deadlines due to the                   DEPARTMENT OF COMMERCE
                                                                                                          recent closure of the Federal
                                                  Notifications to Interested Parties                     Government. All deadlines in this                     International Trade Administration
                                                                                                          segment of the proceeding have been
                                                     Consistent with 19 CFR 351.216(e),                   extended by four business days. The                   Initiation of Antidumping and
                                                  we intend to issue the final results of                 revised deadline for the preliminary                  Countervailing Duty Administrative
                                                  this changed circumstances review no                    determination of this investigation is no             Reviews
                                                  later than 270 days after the date on                   later than March 14, 2016.2                           AGENCY:  Enforcement and Compliance,
                                                  which this review was initiated, or
                                                                                                          Postponement of Preliminary                           International Trade Administration,
                                                  within 45 days after the publication of
                                                                                                          Determination                                         Department of Commerce.
                                                  the preliminary results if all parties in
                                                                                                                                                                SUMMARY: The Department of Commerce
                                                  this review agree to our preliminary                      Section 733(b)(1) of the Tariff Act of
                                                                                                                                                                (‘‘the Department’’) has received
                                                  results. The final results will include                 1930, as amended (‘‘the Act’’), requires
                                                                                                                                                                requests to conduct administrative
                                                  the Department’s analysis of issues                     the Department to issue the preliminary
                                                                                                                                                                reviews of various antidumping and
                                                  raised in any written comments.                         determination in an antidumping duty
                                                                                                                                                                countervailing duty orders and findings
                                                     This notice of initiation and                        investigation within 140 days after the
                                                                                                                                                                with January anniversary dates. In
                                                                                                          date on which the Department initiated
                                                  preliminary results is in accordance                                                                          accordance with the Department’s
                                                                                                          the investigation. However, if the
                                                  with section 751(b)(1) of the Act, 19                                                                         regulations, we are initiating those
                                                                                                          petitioner makes a timely request for a
                                                  CFR 351.216(b) and (d), and 19 CFR                                                                            administrative reviews.
                                                                                                          postponement, section 733(c)(1)(A) of
                                                  351.221(b)(1).                                          the Act allows the Department to                      DATES: Effective: March 3, 2016.
                                                    Dated: February 26, 2016.                             postpone making the preliminary                       FOR FURTHER INFORMATION CONTACT:
                                                  Paul Piquado,                                           determination until no later than 190                 Brenda E. Waters, Office of AD/CVD
                                                                                                          days after the date on which the                      Operations, Customs Liaison Unit,
                                                  Assistant Secretary for Enforcement and
                                                                                                          Department initiated the investigation.               Enforcement and Compliance,
                                                  Compliance.
                                                                                                                                                                International Trade Administration,
                                                  [FR Doc. 2016–04711 Filed 3–2–16; 8:45 am]
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                                                                                                            1 See Welded Stainless Pressure Pipe from India:    U.S. Department of Commerce, 14th
                                                  BILLING CODE 3510–DS–P
                                                                                                          Initiation of Antidumping Duty Investigation, 80 FR
                                                                                                          65696 (October 27, 2015).                               3 Bristol Metals LLC, Felker Brothers Corporation,

                                                    16 See 19 CFR 351.309(c)(ii).
                                                                                                            2 See Memorandum to the File from Ron               Marcegaglia USA, Inc., and Outokumpu Stainless
                                                    17 See 19 CFR 351.309(d).                             Lorentzen, Acting Assistant Secretary for             Pipe, Inc. (collectively, ‘‘Petitioners’’).
                                                                                                          Enforcement and Compliance, ‘‘Tolling of                4 See letter from Petitioners, ‘‘Welded Stainless
                                                    18 See 19 CFR 351.310(c). See also 19 CFR
                                                                                                          Administrative Deadlines as a Result of the           Pressure Pipe from India: Request Extension for
                                                  351.303 for general filing requirements.                Government Closure during Snowstorm ‘Jonas’,’’        Preliminary Determination,’’ dated February 9,
                                                    19 See 19 CFR 351.310.                                dated January 27, 2016 (‘‘Tolling Memorandum’’).      2015.



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Document Created: 2016-03-03 03:51:08
Document Modified: 2016-03-03 03:51:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective March 3, 2016.
ContactYang Jin Chun AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5760.
FR Citation81 FR 11177 

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