| Page Range | 89045-89047 | |
| FR Document | 2016-29542 |
[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)] [Notices] [Pages 89045-89047] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29542] ----------------------------------------------------------------------- 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; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on diamond sawblades and parts thereof (diamond sawblades) from the People's Republic of China (the PRC). The period of review (POR) is November 1, 2014, through October 31, 2015. The Department has preliminarily determined that certain companies covered by this review made sales of subject merchandise at less than normal value. Interested parties are invited to comment on these preliminary results. DATES: Effective December 9, 2016. FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Bryan Hansen, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5760 and (202) 482- 3683, respectively. Scope of the Order The merchandise subject to the order is diamond sawblades and parts thereof. The diamond sawblades subject to the order are currently classifiable under subheadings 8202 to 8206 of the Harmonized Tariff Schedule of the United States (HTSUS), and may also enter under 6804.21.00. While the HTSUS subheadings 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.\1\ --------------------------------------------------------------------------- \1\ See the Memorandum from Deputy Assistant Secretary Christian Marsh to Assistant Secretary Paul Piquado entitled, ``Diamond Sawblades and Parts Thereof from the People's Republic of China: Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review; 2014-2015,'' dated concurrently with and hereby adopted by this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Preliminary Determination of No Shipments Five 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 exports of subject merchandise during the POR.\2\ U.S. Customs and Border Protection (CBP) data for the POR indicated that these companies had no shipments.\3\ Additionally, we requested that CBP report any contrary information.\4\ To date, CBP has not responded to our inquiry with any contrary information and we have not received any evidence that these companies had any shipments of the subject merchandise sold to the United States during the POR. 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.\5\ --------------------------------------------------------------------------- \2\ See the February 11, 2016, no-shipment letters from Danyang City Ou Di Ma Tools Co., Ltd., Qingdao Hyosung Diamond Tools Co., Ltd., and Shanghai Starcraft Tools Company Limited, the February 12, 2016, no-shipment letter from Qingdao Shinhan Diamond Industrial Co., Ltd., and the April 1, 2016, letter correcting the separate rate certification and certifying no shipment from Danyang Tsunda Diamond Tools Co., Ltd. \3\ See the CBP data attached to the letter to all interested parties dated January 15, 2016. \4\ See CBP message numbers 6294301, 6294302, 6294305, 6294306, and 6294307 dated October 20, 2016, available at http://adcvd.cbp.dhs.gov/adcvdweb/. \5\ See, e.g., Wooden Bedroom Furniture from the People's Republic of China: Final Results and Final Rescission, In Part, of Administrative Review and Final Results of New Shipper Review; 2013, 80 FR 34619 (June 17, 2015). --------------------------------------------------------------------------- Separate Rates The Department preliminarily determines that 24 respondents are eligible to receive separate rates in this review.\6\ --------------------------------------------------------------------------- \6\ See Preliminary Decision Memorandum at 4-8, for more details. --------------------------------------------------------------------------- Separate Rates for Eligible Non-Selected Respondents Consistent with our practice, we assigned to eligible non-selected respondents the weighted-average margin calculated for Bosun Tools Co., Ltd. as the separate rate for the preliminary results of this review.\7\ --------------------------------------------------------------------------- \7\ Id. --------------------------------------------------------------------------- [[Page 89046]] PRC-Wide Entity The Department's change in policy regarding conditional review of the PRC-wide entity applies to this administrative review.\8\ Under this policy, the PRC-wide entity will not be under review unless a party specifically requests, or the Department self-initiates, a review of the entity. Because no party requested a review of the PRC-wide entity in this review, the entity is not under review and the entity's rate is not subject to change (i.e., 82.05 percent).\9\ Aside from the no-shipments and separate rate companies discussed above, and the company for which the review is being rescinded, the Department considers all other companies for which a review was requested (which did not file a separate rate application) to be part of the PRC-wide entity.\10\ --------------------------------------------------------------------------- \8\ 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). \9\ 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). \10\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 736, 737 (January 7, 2016) (``All firms listed below that wish to qualify for separate rate status in the administrative reviews involving NME countries must complete, as appropriate, either a separate rate application or certification, as described below.''). Companies that are subject to this administrative review that are considered to be part of the PRC-wide entity are ASHINE Diamond Tools Co., Ltd., Hebei XMF Tools Group Co., Ltd., Henan Huanghe Whirlwind Co., Ltd., Henan Huanghe Whirlwind International Co., Ltd., and Pujiang Talent Diamond Tools Co., Ltd. --------------------------------------------------------------------------- Methodology The Department conducted this review in accordance with section 751(a)(1)(B) of the Act. For Bosun Tools Co., Ltd., constructed export price was calculated in accordance with section 772 of the Act. Because the PRC is a non-market economy within the meaning of section 771(18) of the Act, normal value was calculated in accordance with section 773(c) of the Act. For the Jiangsu Fengtai Single Entity,\11\ we assigned a margin based on adverse facts available pursuant to section 776(b) of the Act. --------------------------------------------------------------------------- \11\ We preliminarily treat Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd., Jiangsu Fengtai Tools Co., Ltd., and Jiangsu Fengtai Sawing Industry Co., Ltd., as a single entity. See Preliminary Decision Memorandum at 2, n. 4 for details. --------------------------------------------------------------------------- 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 on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. Preliminary Results of Review The Department preliminarily determines that the following weighted-average dumping margins exist: ------------------------------------------------------------------------ Exporter Margin (percent) ------------------------------------------------------------------------ Bosun Tools Co., Ltd................................. 6.20 Chengdu Huifeng Diamond Tools Co., Ltd............... 6.20 Danyang Hantronic Import & Export Co., Ltd........... 6.20 Danyang Huachang Diamond Tools Manufacturing Co., Ltd 6.20 Danyang Like Tools Manufacturing Co., Ltd............ 6.20 Danyang NYCL Tools Manufacturing Co., Ltd............ 6.20 Danyang Weiwang Tools Manufacturing Co., Ltd......... 6.20 Guilin Tebon Superhard Material Co., Ltd............. 6.20 Hangzhou Deer King Industrial and Trading Co., Ltd... 6.20 Hangzhou Kingburg Import & Export Co., Ltd........... 6.20 Huzhou Gu's Import & Export Co., Ltd................. 6.20 Jiangsu Fengtai Single Entity........................ 82.05 Jiangsu Inter-China Group Corporation................ 6.20 Jiangsu Youhe Tool Manufacturer Co., Ltd............. 6.20 Qingyuan Shangtai Diamond Tools Co., Ltd............. 6.20 Quanzhou Zhongzhi Diamond Tool Co., Ltd.............. 6.20 Rizhao Hein Saw Co., Ltd............................. 6.20 Saint-Gobain Abrasives (Shanghai) Co., Ltd........... 6.20 Shanghai Jingquan Industrial Trade Co., Ltd.......... 6.20 Sino Tools Co., Ltd.................................. 6.20 Weihai Xiangguang Mechanical Industrial Co., Ltd..... 6.20 Wuhan Wanbang Laser Diamond Tools Co., Ltd. \12\..... 6.20 Xiamen ZL Diamond Technology Co., Ltd................ 6.20 Zhejiang Wanli Tools Group Co., Ltd.................. 6.20 ------------------------------------------------------------------------ Disclosure and Public Comment --------------------------------------------------------------------------- \12\ Wuhan Wanbang Laser Diamond Tools Co., Ltd., is the successor-in-interest to Wuhan Wanbang Laser Diamond Tools Co. See Diamond Sawblades and Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Changed Circumstances Review, 81 FR 20618 (April 8, 2016). --------------------------------------------------------------------------- The Department intends to disclose calculations performed for these preliminary results to the parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs no later than 30 days after the date of publication of these preliminary results of review.\13\ 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.\14\ Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the cases briefs are filed.\15\ --------------------------------------------------------------------------- \13\ See 19 CFR 351.309(c). \14\ See 19 CFR 351.309(c)(2). \15\ See 19 CFR 351.309(d). --------------------------------------------------------------------------- Interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for [[Page 89047]] Enforcement and Compliance, U.S. Department of Commerce, filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety by the Department's ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice.\16\ 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. Unless extended, the Department intends to issue the final results of this review, 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)(1). --------------------------------------------------------------------------- \16\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Assessment Rates Upon issuing the final results of review, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.\17\ If a respondent's weighted-average dumping margin is above de minimis (i.e., 0.5 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 the importer's examined sales and the total entered value of those sales in accordance with 19 CFR 351.212(b)(1). Specifically, the Department will apply the assessment rate calculation method adopted in Final Modification for Reviews.\18\ 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.\19\ --------------------------------------------------------------------------- \17\ See 19 CFR 351.212(b)(1). \18\ See Antidumping Proceeding: Calculation of the Weighted- Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012) (Final Modification for Reviews). \19\ See 19 CFR 351.106(c)(2). --------------------------------------------------------------------------- For entries that were not reported in the U.S. sales databases submitted by exporters individually examined during this review, the Department will instruct CBP to liquidate such entries at the PRC-wide rate. In addition, if the Department 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 PRC-wide rate.\20\ The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of review. --------------------------------------------------------------------------- \20\ Id. --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for shipments of the subject merchandise from the PRC 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 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 rate is zero or de minimis, then zero cash deposit will be required); (2) for previously investigated or reviewed PRC and non-PRC 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 PRC 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 PRC-wide entity; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC 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 this POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213. Dated: December 5, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix--List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Preliminary Determination of No Shipments V. Discussion of the Methodology A. Non-Market Economy Country Status B. Separate Rates C. Surrogate Country VI. Application of Facts Available and Adverse Inferences A. Use of Facts Available B. Application of Facts Available With an Adverse Inference C. Selection of the AFA Rate VII. Fair Value Comparisons A. Determination of Comparison Method B. Results of the Differential Pricing Analysis C. U.S. Price D. Normal Value E. Factor Valuations VIII. Currency Conversion IX. Recommendation [FR Doc. 2016-29542 Filed 12-8-16; 8:45 am] BILLING CODE 3510-DS-P
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective December 9, 2016. | |
| Contact | Yang Jin Chun or Bryan Hansen, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5760 and (202) 482- 3683, respectively. | |
| FR Citation | 81 FR 89045 |