82_FR_51819 82 FR 51605 - Diamond Sawblades and Parts Thereof From the People's Republic of China: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review

82 FR 51605 - Diamond Sawblades and Parts Thereof From the People's Republic of China: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 214 (November 7, 2017)

Page Range51605-51607
FR Document2017-24183

The Department of Commerce is simultaneously initiating and issuing the preliminary results of a changed circumstances review of the antidumping duty order on diamond sawblades and parts thereof from the People's Republic of China to determine whether Chengdu Huifeng New Material Technology Co., Ltd. is the successor-in-interest to Chengdu Huifeng Diamond Tools Co., Ltd. Based on the information on the record, we preliminarily determine that Chengdu Huifeng New Material Technology Co., Ltd. is the successor-in-interest to Chengdu Huifeng Diamond Tools Co., Ltd. for purposes of determining antidumping duty liability. We invite interested parties to comment on these preliminary results.

Federal Register, Volume 82 Issue 214 (Tuesday, November 7, 2017)
[Federal Register Volume 82, Number 214 (Tuesday, November 7, 2017)]
[Notices]
[Pages 51605-51607]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24183]


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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 Antidumping Duty Changed 
Circumstances Review

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

SUMMARY: The Department of Commerce is simultaneously initiating and 
issuing the preliminary results of a changed circumstances review of 
the antidumping duty order on diamond sawblades and parts thereof from 
the People's Republic of China to determine whether Chengdu Huifeng New 
Material Technology Co., Ltd. is the successor-in-interest to Chengdu 
Huifeng Diamond Tools Co., Ltd. Based on the information on the record, 
we preliminarily determine that Chengdu Huifeng New Material Technology 
Co., Ltd. is the successor-in-interest to Chengdu Huifeng Diamond Tools 
Co., Ltd. for purposes of determining antidumping duty liability. We 
invite interested parties to comment on these preliminary results.

DATES: Applicable November 7, 2017.

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 September 20, 2017, request for a changed 
circumstances review, Chengdu Huifeng New Material Technology Co., 
Ltd., informed the Department that, effective August 16, 2016, Chengdu 
Huifeng Diamond Tools Co., Ltd. (1) changed its legal status from a 
limited liability company to a joint-stock limited company and (2) 
changed its name to Chengdu Huifeng New Material Technology Co., 
Ltd.\2\ Chengdu Huifeng Diamond Tools Co., Ltd., is a respondent in the 
ongoing administrative review of the same order covering the period 
November 1, 2015, through October 31, 2016.\3\ Pursuant to section 
751(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 
351.216(c) and 19 CFR 351.221(c)(3), Chengdu Huifeng New Material 
Technology Co., Ltd. requested that the Department initiate an 
expedited changed circumstances review and determine that Chengdu 
Huifeng New Material Technology Co., Ltd. is the successor-in-interest 
to Chengdu Huifeng Diamond Tools Co., Ltd.
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    \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 Chengdu Huifeng New Material Technology Co., Ltd.'s 
request for a changed circumstances review dated September 20, 2017 
(CCR Request).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 4294 (January 13, 2017) (Initiation 
Notice).
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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

[[Page 51606]]

synthetic, and regardless of the quantity of diamonds) and metal 
powders (including, but not limited to, iron, cobalt, nickel, tungsten 
carbide) that are formed together into a solid shape (from generally, 
but not limited to, a heating and pressing process).
    Sawblades with diamonds directly attached to the core with a resin 
or electroplated bond, which thereby do not contain a diamond segment, 
are not included within the scope of the order. Diamond sawblades and/
or sawblade cores with a thickness of less than 0.025 inches, or with a 
thickness greater than 1.1 inches, are excluded from the scope of the 
order. Circular steel plates that have a cutting edge of non-diamond 
material, such as external teeth that protrude from the outer diameter 
of the plate, whether or not finished, are excluded from the scope of 
the order. Diamond sawblade cores with a Rockwell C hardness of less 
than 25 are excluded from the scope of the order. Diamond sawblades 
and/or diamond segment(s) with diamonds that predominantly have a mesh 
size number greater than 240 (such as 250 or 260) are excluded from the 
scope of the order. Merchandise subject to the order is typically 
imported under heading 8202.39.00.00 of the Harmonized Tariff Schedule 
of the United States (HTSUS). When packaged together as a set for 
retail sale with an item that is separately classified under headings 
8202 to 8205 of the HTSUS, diamond sawblades or parts thereof may be 
imported under heading 8206.00.00.00 of the HTSUS. On October 11, 2011, 
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).\4\ The tariff classification is 
provided for convenience and customs purposes; however, the written 
description of the scope of the order is dispositive.
---------------------------------------------------------------------------

    \4\ 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. In the past, the Department has used 
changed circumstances reviews to address the applicability of cash 
deposit rates after there have been changes in the name or structure of 
a respondent, such as a merger or spinoff (``successor-in-interest,'' 
or ``successorship,'' determinations).\5\ Based on the request from 
Chengdu Huifeng New Material Technology 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 Chengdu Huifeng New 
Material Technology Co., Ltd. is the successor-in-interest to Chengdu 
Huifeng Diamond Tools Co., Ltd. for purposes of antidumping duty 
liability.
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    \5\ See, e.g., Crystalline Silicon Photovoltaic Celols, Whether 
or Not Assembled Into Modules, from the People's Republic of China: 
Final Results of Changed Circumstances Review, 81 FR 91909 (December 
19, 2016).
---------------------------------------------------------------------------

Preliminary Results of Changed Circumstances Review

    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). The Department has 
combined the notice of initiation and preliminary results in successor-
in-interest cases when sufficient documentation has been provided 
supporting the request to make a preliminary determination.\6\ In this 
instance, we have on the record the information necessary to make a 
preliminary finding. Thus, we find that expedited action is warranted 
and have combined the notices of initiation and preliminary results 
pursuant to 19 CFR 351.221(c)(3)(ii).
---------------------------------------------------------------------------

    \6\ See, e.g., Initiation and Preliminary Results of Antidumping 
Duty Changed Circumstances Review: Crystalline Silicon Photovoltaic 
Cells, Whether or Not Assembled Into Modules, from the People's 
Republic of China, 81 FR 76561 (November 3, 2016).
---------------------------------------------------------------------------

    In making a successor-in-interest determination for purposes of 
antidumping duty liability, 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 essentially the 
same business entity as the former company, the Department will accord 
the new company the same antidumping treatment as its predecessor.\9\
---------------------------------------------------------------------------

    \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 CCR Request and Supplemental Response,\10\ Chengdu Huifeng 
New Material Technology Co., Ltd. has provided evidence for us to 
preliminarily determine that it is the successor-in-interest to Chengdu 
Huifeng Diamond Tools Co., Ltd. Chengdu Huifeng New Material Technology 
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\ Chengdu Huifeng New 
Material Technology Co., Ltd., provided documents showing changes to 
the legal status and name of the company.\12\ Further, Chengdu Huifeng 
New Material Technology Co., Ltd., provided documents demonstrating 
that its production facilities and their location and domestic and 
overseas customers and suppliers were the same before and after the 
changes to the company's legal status and name.\13\ Chengdu Huifeng New 
Material Technology Co., Ltd. also provided a list of members of the 
management team and supporting documentation indicating that Chengdu 
Huifeng Diamond Tools Co., Ltd.'s managers hold the same positions in 
Chengdu Huifeng New Material Technology Co., Ltd., as well as 
documentation showing nominal changes to the members of the board of 
directors made as a result of internal

[[Page 51607]]

shifts among existing management and board members.\14\
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    \10\ See CCR Request and Chengdu Huifeng New Material Technology 
Co., Ltd.'s supplemental response dated October 10, 2017 
(Supplemental Response).
    \11\ Id.
    \12\ See, e.g., CCR Request at Exhibits 1, 2, 8, and 9.
    \13\ See CCR Request at Exhibits 1 through 6, and Supplemental 
Response at 1 and Exhibits S1-1, S1-2, S1-3, and S1-5.
    \14\ See CCR Request at Exhibit 3, 7, and 8, and Supplemental 
Response at Exhibit S1-4.
---------------------------------------------------------------------------

    Based on record evidence, we preliminarily determine that Chengdu 
Huifeng New Material Technology Co., Ltd. is the successor-in-interest 
to Chengdu Huifeng Diamond Tools Co., Ltd. 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, or customers. As a result, we 
preliminarily determine that Chengdu Huifeng New Material Technology 
Co., Ltd. operates as essentially the same business entity as Chengdu 
Huifeng Diamond Tools Co., Ltd. Thus, we preliminarily determine that 
Chengdu Huifeng New Material Technology Co., Ltd. should receive the 
same antidumping duty cash deposit rate with respect to the subject 
merchandise as Chengdu Huifeng Diamond Tools Co., Ltd., its predecessor 
company.
    If these preliminary results are adopted in our final results of 
this changed circumstances review, effective on the publication date of 
our final results, we will instruct CBP to suspend liquidation of 
entries of subject merchandise exported by Chengdu Huifeng New Material 
Technology Co., Ltd. at Chengdu Huifeng Diamond Tools Co., Ltd.'s cash 
deposit rate.

Public Comment

    Interested parties may submit case briefs no later than 14 days 
after the publication of this notice.\15\ 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.\16\ Parties who 
submit case briefs or rebuttal briefs in this changed circumstance 
review are requested to submit with each argument: (1) A statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities. Interested parties that wish to request a hearing must 
submit a written request to the Assistant Secretary for Enforcement and 
Compliance, filed electronically via ACCESS, within 14 days of 
publication of this notice.\17\ The hearing request should contain: (1) 
The party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed. Oral 
presentations at the hearing will be limited to issues raised in the 
briefs. If a request for a hearing is made, parties will be notified of 
the time and date for the hearing to be held at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230 in a room 
to be determined. Parties will be notified of the time and date of any 
hearing, if requested.\18\
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.309(c)(1)(ii). (``Any interested party may 
submit a `case brief ' within . . . 30 days after the date of 
publication of the preliminary results of {a changed 
circumstances{time}  review, unless the Secretary alters the time 
limit. . . .'') (Emphasis added).
    \16\ See 19 CFR 351.309(d).
    \17\ See 19 CFR 351.310(c) (``Any interested party may request 
that the Secretary hold a public hearing on arguments to be raised 
in case or rebuttal briefs within 30 days after the date of 
publication of the . . . preliminary results of review, unless the 
Secretary alters this time limit. . . .'') (Emphasis added). See 
also 19 CFR 351.303 for general filing requirements.
    \18\ See 19 CFR 351.310.
---------------------------------------------------------------------------

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

Notifications to Interested Parties

    Consistent with 19 CFR 351.216(e), we intend to issue the final 
results of this 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.
    We are issuing and publishing this initiation and preliminary 
results notice in accordance with sections 751(b)(1) and 777(i)(1) of 
the Act, 19 CFR 351.216(b) and (d), and 19 CFR 351.221(c)(3).

    Dated: November 1, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-24183 Filed 11-6-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                          Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Notices                                                   51605

                                               transformers, and power rectifier                         We are issuing and publishing these                 International Trade Administration,
                                               transformers.                                           results and notice in accordance with                 U.S. Department of Commerce, 1401
                                                  The LPTs subject to this order are                   sections 751(c), 752(c), and 777(i)(1) of             Constitution Avenue NW., Washington,
                                               currently classifiable under subheadings                the Act and 19 CFR 351.218.                           DC 20230; telephone: (202) 482–5760.
                                               8504.23.0040, 8504.23.0080 and                            Dated: October 31, 2017.                            SUPPLEMENTARY INFORMATION:
                                               8504.90.9540 of the Harmonized Tariff                   Gary Taverman,                                        Background
                                               Schedule of the United States (HTSUS).                  Deputy Assistant Secretary for Antidumping
                                               Although the HTSUS subheadings are                      and Countervailing Duty Operations,                     The Department published the
                                               provided for convenience and customs                    performing the non-exclusive functions and            antidumping duty order on diamond
                                               purposes, the written description of the                duties of the Assistant Secretary for                 sawblades and parts thereof from the
                                               scope of this order is dispositive.                     Enforcement and Compliance.                           People’s Republic of China on
                                                                                                                                                             November 4, 2009.1 In its September 20,
                                               Analysis of Comments Received                           Appendix                                              2017, request for a changed
                                                  All issues raised in this review,                    List of Topics Discussed in the Issues and            circumstances review, Chengdu Huifeng
                                               including the likelihood of continuation                Decision Memorandum                                   New Material Technology Co., Ltd.,
                                               or recurrence of dumping in the event                   I. Summary                                            informed the Department that, effective
                                               of revocation and the magnitude of the                  II. Background                                        August 16, 2016, Chengdu Huifeng
                                               margins likely to prevail if the order                  III. Scope of the Order                               Diamond Tools Co., Ltd. (1) changed its
                                               were revoked, are addressed in the                      IV. History of the Order                              legal status from a limited liability
                                                                                                       V. Legal Framework                                    company to a joint-stock limited
                                               accompanying Issues and Decision                        VI. Discussion of the Issues
                                               Memorandum, which is hereby adopted                                                                           company and (2) changed its name to
                                                                                                          1. Likelihood of Continuation or
                                               by this notice. The Issues and Decision                       Recurrence of Dumping
                                                                                                                                                             Chengdu Huifeng New Material
                                               Memorandum is a public document and                        2. Magnitude of the Margins Likely to              Technology Co., Ltd.2 Chengdu Huifeng
                                               is on file electronically via Enforcement                     Prevail                                         Diamond Tools Co., Ltd., is a
                                               and Compliance’s Antidumping and                        VII. Final Results of Sunset Review                   respondent in the ongoing
                                               Countervailing Duty Centralized                         VIII. Recommendation                                  administrative review of the same order
                                               Electronic Service System (ACCESS).                     [FR Doc. 2017–24187 Filed 11–6–17; 8:45 am]           covering the period November 1, 2015,
                                               ACCESS is available to registered users                 BILLING CODE 3510–DS–P
                                                                                                                                                             through October 31, 2016.3 Pursuant to
                                               at http://access.trade.gov, and to all                                                                        section 751(b) of the Tariff Act of 1930,
                                               parties in the Central Records Unit,                                                                          as amended (the Act), and 19 CFR
                                               Room B8024 of the main Department of                    DEPARTMENT OF COMMERCE                                351.216(c) and 19 CFR 351.221(c)(3),
                                               Commerce building. In addition, a                                                                             Chengdu Huifeng New Material
                                               complete version of the Issues and                      International Trade Administration                    Technology Co., Ltd. requested that the
                                               Decision Memorandum can be accessed                     [A–570–900]                                           Department initiate an expedited
                                               directly on the Internet at http://                                                                           changed circumstances review and
                                               enforcement.trade.gov/frn/. The signed                  Diamond Sawblades and Parts Thereof                   determine that Chengdu Huifeng New
                                               Issues and Decision Memorandum and                      From the People’s Republic of China:                  Material Technology Co., Ltd. is the
                                               the electronic version of the Issues and                Initiation and Preliminary Results of                 successor-in-interest to Chengdu
                                               Decision Memorandum are identical in                    Antidumping Duty Changed                              Huifeng Diamond Tools Co., Ltd.
                                               content.                                                Circumstances Review                                  Scope of the Order
                                               Final Results of Sunset Review                          AGENCY:   Enforcement and Compliance,                    The products covered by the order are
                                                                                                       International Trade Administration,                   all finished circular sawblades, whether
                                                 Pursuant to sections 751(c)(1) and
                                                                                                       Department of Commerce.                               slotted or not, with a working part that
                                               752(c)(1) and (3) of the Act, we
                                               determine that revocation of the                        SUMMARY: The Department of Commerce                   is comprised of a diamond segment or
                                               antidumping duty order on LPTs from                     is simultaneously initiating and issuing              segments, and parts thereof, regardless
                                               Korea would be likely to lead to                        the preliminary results of a changed                  of specification or size, except as
                                               continuation or recurrence of dumping,                  circumstances review of the                           specifically excluded below. Within the
                                               and that the magnitude of the dumping                   antidumping duty order on diamond                     scope of the order are semifinished
                                               margins likely to prevail would be                      sawblades and parts thereof from the                  diamond sawblades, including diamond
                                               weighted-average dumping margins up                     People’s Republic of China to determine               sawblade cores and diamond sawblade
                                               to 29.04 percent.                                       whether Chengdu Huifeng New Material                  segments. Diamond sawblade cores are
                                                                                                       Technology Co., Ltd. is the successor-in-             circular steel plates, whether or not
                                               Notification to Interested Parties                      interest to Chengdu Huifeng Diamond                   attached to non-steel plates, with slots.
                                                 This notice serves as the only                        Tools Co., Ltd. Based on the information              Diamond sawblade cores are
                                               reminder to parties subject to an                       on the record, we preliminarily                       manufactured principally, but not
                                               administrative protective order (APO) of                determine that Chengdu Huifeng New                    exclusively, from alloy steel. A diamond
                                               their responsibility concerning the                     Material Technology Co., Ltd. is the                  sawblade segment consists of a mixture
                                               return or destruction of proprietary                    successor-in-interest to Chengdu                      of diamonds (whether natural or
                                               information disclosed under APO in                      Huifeng Diamond Tools Co., Ltd. for
                                               accordance with 19 CFR 351.305.                         purposes of determining antidumping                     1 See Diamond Sawblades and Parts Thereof from
ethrower on DSK3G9T082PROD with NOTICES




                                                                                                       duty liability. We invite interested                  the People’s Republic of China and the Republic of
                                               Timely notification of the return or                                                                          Korea: Antidumping Duty Orders, 74 FR 57145
                                               destruction of APO materials or                         parties to comment on these preliminary               (November 4, 2009).
                                               conversion to judicial protective order is              results.                                                2 See Chengdu Huifeng New Material Technology

                                               hereby requested. Failure to comply                     DATES: Applicable November 7, 2017.                   Co., Ltd.’s request for a changed circumstances
                                                                                                                                                             review dated September 20, 2017 (CCR Request).
                                               with the regulations and terms of an                    FOR FURTHER INFORMATION CONTACT:                        3 See Initiation of Antidumping and
                                               APO is a violation which is subject to                  Yang Jin Chun, AD/CVD Operations,                     Countervailing Duty Administrative Reviews, 82 FR
                                               sanction.                                               Office I, Enforcement and Compliance,                 4294 (January 13, 2017) (Initiation Notice).



                                          VerDate Sep<11>2014   17:29 Nov 06, 2017   Jkt 244001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\07NON1.SGM   07NON1


                                               51606                      Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Notices

                                               synthetic, and regardless of the quantity               applicability of cash deposit rates after                  indication of a successor-in-interest
                                               of diamonds) and metal powders                          there have been changes in the name or                     relationship, the Department will
                                               (including, but not limited to, iron,                   structure of a respondent, such as a                       generally consider the new company to
                                               cobalt, nickel, tungsten carbide) that are              merger or spinoff (‘‘successor-in-                         be the successor to the previous
                                               formed together into a solid shape (from                interest,’’ or ‘‘successorship,’’                          company if the new company’s
                                               generally, but not limited to, a heating                determinations).5 Based on the request                     operations are not materially dissimilar
                                               and pressing process).                                  from Chengdu Huifeng New Material                          to those of its predecessor.8 Thus, if the
                                                  Sawblades with diamonds directly                     Technology Co., Ltd., and in accordance                    evidence demonstrates that, with
                                               attached to the core with a resin or                    with section 751(b)(1) of Act and 19                       respect to the production and sales of
                                               electroplated bond, which thereby do                    CFR 351.216(b), we are initiating a                        the subject merchandise, the new
                                               not contain a diamond segment, are not                  changed circumstances review to                            company operates as essentially the
                                               included within the scope of the order.                 determine whether Chengdu Huifeng                          same business entity as the former
                                               Diamond sawblades and/or sawblade                       New Material Technology Co., Ltd. is                       company, the Department will accord
                                               cores with a thickness of less than 0.025               the successor-in-interest to Chengdu                       the new company the same
                                               inches, or with a thickness greater than                Huifeng Diamond Tools Co., Ltd. for                        antidumping treatment as its
                                               1.1 inches, are excluded from the scope                 purposes of antidumping duty liability.                    predecessor.9
                                               of the order. Circular steel plates that                                                                              In its CCR Request and Supplemental
                                                                                                       Preliminary Results of Changed                             Response,10 Chengdu Huifeng New
                                               have a cutting edge of non-diamond
                                                                                                       Circumstances Review                                       Material Technology Co., Ltd. has
                                               material, such as external teeth that
                                               protrude from the outer diameter of the                   If we conclude that an expedited                         provided evidence for us to
                                               plate, whether or not finished, are                     action is warranted, we may combine                        preliminarily determine that it is the
                                               excluded from the scope of the order.                   the notices of initiation and preliminary                  successor-in-interest to Chengdu
                                               Diamond sawblade cores with a                           results of a changed circumstances                         Huifeng Diamond Tools Co., Ltd.
                                               Rockwell C hardness of less than 25 are                 review under 19 CFR 351.221(c)(3)(ii).                     Chengdu Huifeng New Material
                                               excluded from the scope of the order.                   The Department has combined the                            Technology Co., Ltd. states that its
                                               Diamond sawblades and/or diamond                        notice of initiation and preliminary                       management, production facilities, and
                                               segment(s) with diamonds that                           results in successor-in-interest cases                     customer/supplier relationships have
                                               predominantly have a mesh size number                   when sufficient documentation has been                     not changed as a result of changes to the
                                               greater than 240 (such as 250 or 260) are               provided supporting the request to make                    legal status and name of the company.11
                                               excluded from the scope of the order.                   a preliminary determination.6 In this                      Chengdu Huifeng New Material
                                               Merchandise subject to the order is                     instance, we have on the record the                        Technology Co., Ltd., provided
                                               typically imported under heading                        information necessary to make a                            documents showing changes to the legal
                                               8202.39.00.00 of the Harmonized Tariff                  preliminary finding. Thus, we find that                    status and name of the company.12
                                               Schedule of the United States (HTSUS).                  expedited action is warranted and have                     Further, Chengdu Huifeng New Material
                                               When packaged together as a set for                     combined the notices of initiation and                     Technology Co., Ltd., provided
                                               retail sale with an item that is separately             preliminary results pursuant to 19 CFR                     documents demonstrating that its
                                               classified under headings 8202 to 8205                  351.221(c)(3)(ii).                                         production facilities and their location
                                               of the HTSUS, diamond sawblades or                        In making a successor-in-interest                        and domestic and overseas customers
                                               parts thereof may be imported under                     determination for purposes of                              and suppliers were the same before and
                                                                                                       antidumping duty liability, the                            after the changes to the company’s legal
                                               heading 8206.00.00.00 of the HTSUS.
                                                                                                       Department examines several factors                        status and name.13 Chengdu Huifeng
                                               On October 11, 2011, the Department
                                                                                                       including, but not limited to, changes in                  New Material Technology Co., Ltd. also
                                               included the 6804.21.00.00 HTSUS
                                                                                                       management, production facilities,                         provided a list of members of the
                                               classification number to the customs
                                                                                                       supplier relationships, and customer                       management team and supporting
                                               case reference file, pursuant to a request
                                                                                                       base.7 While no single factor or                           documentation indicating that Chengdu
                                               by U.S. Customs and Border Protection
                                                                                                       combination of these factors will                          Huifeng Diamond Tools Co., Ltd.’s
                                               (CBP).4 The tariff classification is
                                                                                                       necessarily provide a dispositive                          managers hold the same positions in
                                               provided for convenience and customs
                                                                                                                                                                  Chengdu Huifeng New Material
                                               purposes; however, the written
                                                                                                          5 See, e.g., Crystalline Silicon Photovoltaic Celols,   Technology Co., Ltd., as well as
                                               description of the scope of the order is                                                                           documentation showing nominal
                                                                                                       Whether or Not Assembled Into Modules, from the
                                               dispositive.                                            People’s Republic of China: Final Results of               changes to the members of the board of
                                               Initiation of Changed Circumstances                     Changed Circumstances Review, 81 FR 91909                  directors made as a result of internal
                                                                                                       (December 19, 2016).
                                               Review                                                     6 See, e.g., Initiation and Preliminary Results of
                                                                                                                                                                    8 See,  e.g., Brake Rotors.
                                                 Pursuant to section 751(b)(1) of the                  Antidumping Duty Changed Circumstances Review:
                                                                                                                                                                    9 Id. See also, e.g., Notice of Initiation and
                                                                                                       Crystalline Silicon Photovoltaic Cells, Whether or
                                               Act and 19 CFR 351.216(d), the                          Not Assembled Into Modules, from the People’s              Preliminary Results of Antidumping Duty Changed
                                               Department will conduct a changed                       Republic of China, 81 FR 76561 (November 3,                Circumstances Review: Certain Frozen Warmwater
                                               circumstances review upon receipt of a                  2016).                                                     Shrimp from India, 77 FR 64953 (October 24, 2012),
                                                                                                                                                                  unchanged in Final Results of Antidumping Duty
                                               request from an interested party or                        7 See, e.g., Pressure Sensitive Plastic Tape from
                                                                                                                                                                  Changed Circumstances Review: Certain Frozen
                                               receipt of information concerning an                    Italy: Preliminary Results of Antidumping Duty
                                                                                                                                                                  Warmwater Shrimp from India, 77 FR 73619
                                                                                                       Changed Circumstances Review, 75 FR 8925
                                               antidumping duty order which shows                      (February 26, 2010), unchanged in Pressure
                                                                                                                                                                  (December 11, 2012).
                                                                                                                                                                     10 See CCR Request and Chengdu Huifeng New
                                               changed circumstances sufficient to                     Sensitive Plastic Tape from Italy: Final Results of
                                                                                                                                                                  Material Technology Co., Ltd.’s supplemental
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                                               warrant a review of the order. In the                   Antidumping Duty Changed Circumstances Review,
                                                                                                                                                                  response dated October 10, 2017 (Supplemental
                                               past, the Department has used changed                   75 FR 27706 (May 18, 2010); and Brake Rotors from
                                                                                                       the People’s Republic of China: Final Results of           Response).
                                               circumstances reviews to address the                    Changed Circumstances Antidumping Duty
                                                                                                                                                                     11 Id.
                                                                                                                                                                     12 See, e.g., CCR Request at Exhibits 1, 2, 8, and
                                                                                                       Administrative Review, 70 FR 69941 (November 18,
                                                 4 See Diamond Sawblades and Parts Thereof from        2005) (Brake Rotors), citing Brass Sheet and Strip         9.
                                               the Republic of Korea: Preliminary Results of           from Canada; Final Results of Antidumping Duty                13 See CCR Request at Exhibits 1 through 6, and

                                               Antidumping Duty Administrative Review, 76 FR           Administrative Review, 57 FR 20460 (May 13,                Supplemental Response at 1 and Exhibits S1–1, S1–
                                               76128, 76130 (December 6, 2011).                        1992).                                                     2, S1–3, and S1–5.



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                                                                           Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Notices                                                   51607

                                               shifts among existing management and                    should contain: (1) The party’s name,                  DEPARTMENT OF COMMERCE
                                               board members.14                                        address, and telephone number; (2) the
                                                  Based on record evidence, we                         number of participants; and (3) a list of              International Trade Administration
                                               preliminarily determine that Chengdu                    the issues to be discussed. Oral
                                               Huifeng New Material Technology Co.,                    presentations at the hearing will be                   [A–570–904]
                                               Ltd. is the successor-in-interest to                    limited to issues raised in the briefs. If
                                               Chengdu Huifeng Diamond Tools Co.,                      a request for a hearing is made, parties               Certain Activated Carbon From the
                                               Ltd. for purposes of antidumping duty                   will be notified of the time and date for              People’s Republic of China: Final
                                               liability because the changes to the legal                                                                     Results of Antidumping Duty
                                                                                                       the hearing to be held at the U.S.
                                               status and name of the company                                                                                 Administrative Review; 2015–2016
                                                                                                       Department of Commerce, 1401
                                               resulted in no significant changes to
                                               management, production facilities,                      Constitution Avenue NW., Washington,
                                                                                                       DC 20230 in a room to be determined.                   AGENCY:  Enforcement and Compliance,
                                               supplier relationships, or customers. As                                                                       International Trade Administration,
                                               a result, we preliminarily determine that               Parties will be notified of the time and
                                                                                                       date of any hearing, if requested.18                   Department of Commerce.
                                               Chengdu Huifeng New Material
                                               Technology Co., Ltd. operates as                           All submissions, with limited                       SUMMARY: On May 5, 2017 the
                                               essentially the same business entity as                 exceptions, must be filed electronically               Department of Commerce (the
                                               Chengdu Huifeng Diamond Tools Co.,                      using Enforcement and Compliance’s                     Department) published the preliminary
                                               Ltd. Thus, we preliminarily determine                   Antidumping and Countervailing Duty                    results of the 9th administrative review
                                               that Chengdu Huifeng New Material                       Centralized Electronic Service System                  of the antidumping duty order on
                                               Technology Co., Ltd. should receive the                 (ACCESS). ACCESS is available to                       certain activated carbon from the
                                               same antidumping duty cash deposit                      registered users at http://                            People’s Republic of China (PRC). We
                                               rate with respect to the subject                        access.trade.gov. An electronically-filed              gave interested parties an opportunity to
                                               merchandise as Chengdu Huifeng                                                                                 comment on the preliminary results.
                                                                                                       document must be received successfully
                                               Diamond Tools Co., Ltd., its predecessor                                                                       Based on our analysis of the comments
                                                                                                       in its entirety by no later than 5:00 p.m.
                                               company.                                                                                                       received, we made changes to the
                                                  If these preliminary results are                     Eastern Time on the date the document
                                                                                                       is due.                                                margin calculations for these final
                                               adopted in our final results of this                                                                           results of the antidumping duty
                                               changed circumstances review, effective                 Notifications to Interested Parties                    administrative review. The final
                                               on the publication date of our final
                                                                                                                                                              weighted-average dumping margins are
                                               results, we will instruct CBP to suspend                   Consistent with 19 CFR 351.216(e),
                                                                                                                                                              listed below in the ‘‘Final Results of the
                                               liquidation of entries of subject                       we intend to issue the final results of
                                               merchandise exported by Chengdu                                                                                Review’’ section of this notice. The
                                                                                                       this changed circumstances review no
                                               Huifeng New Material Technology Co.,                                                                           period of review (POR) is April 1, 2015,
                                                                                                       later than 270 days after the date on
                                               Ltd. at Chengdu Huifeng Diamond Tools                                                                          through March 31, 2016. The two
                                                                                                       which this review was initiated, or
                                               Co., Ltd.’s cash deposit rate.                                                                                 mandatory respondents in this
                                                                                                       within 45 days after the publication of
                                                                                                                                                              administrative review are Jacobi
                                               Public Comment                                          the preliminary results if all parties in
                                                                                                                                                              Carbons AB (Jacobi) and Datong Juqiang
                                                                                                       this review agree to our preliminary
                                                  Interested parties may submit case                                                                          Activated Carbon Co. Ltd. (Datong
                                                                                                       results. The final results will include
                                               briefs no later than 14 days after the                                                                         Juqiang).
                                                                                                       the Department’s analysis of issues
                                               publication of this notice.15 Rebuttal
                                               briefs, which must be limited to issues                 raised in any written comments.                        DATES:   Applicable November 7, 2017.
                                               raised in case briefs, may be filed not                    We are issuing and publishing this                  FOR FURTHER INFORMATION CONTACT:
                                               later than five days after the deadline for             initiation and preliminary results notice              Robert Palmer or John Anwesen, AD/
                                               filing case briefs.16 Parties who submit                in accordance with sections 751(b)(1)                  CVD Operations, Office VIII,
                                               case briefs or rebuttal briefs in this                  and 777(i)(1) of the Act, 19 CFR                       Enforcement and Compliance,
                                               changed circumstance review are                         351.216(b) and (d), and 19 CFR                         International Trade Administration,
                                               requested to submit with each                           351.221(c)(3).                                         Department of Commerce, 14th Street
                                               argument: (1) A statement of the issue;
                                                                                                         Dated: November 1, 2017.                             and Constitution Avenue NW.,
                                               (2) a brief summary of the argument;
                                               and (3) a table of authorities. Interested              Gary Taverman,                                         Washington, DC 20230; telephone: (202)
                                               parties that wish to request a hearing                  Deputy Assistant Secretary for Antidumping             482–9068, or (202) 482–0131,
                                               must submit a written request to the                    and Countervailing Duty Operations,                    respectively.
                                               Assistant Secretary for Enforcement and                 performing the non-exclusive functions and
                                                                                                       duties of the Assistant Secretary for                  SUPPLEMENTARY INFORMATION:
                                               Compliance, filed electronically via
                                               ACCESS, within 14 days of publication                   Enforcement and Compliance.                            Background
                                               of this notice.17 The hearing request                   [FR Doc. 2017–24183 Filed 11–6–17; 8:45 am]
                                                                                                       BILLING CODE 3510–DS–P                                   The Department published the
                                                 14 See  CCR Request at Exhibit 3, 7, and 8, and                                                              Preliminary Results 1 on May 5, 2017.
                                               Supplemental Response at Exhibit S1–4.                                                                         For events subsequent to the
                                                  15 See 19 CFR 351.309(c)(1)(ii). (‘‘Any interested
                                                                                                                                                              Preliminary Results, see the
                                               party may submit a ‘case brief ’ within . . . 30 days
                                                                                                                                                              Department’s Issues and Decision
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                                               after the date of publication of the preliminary
                                               results of {a changed circumstances} review, unless
                                               the Secretary alters the time limit. . . .’’)
                                                                                                                                                                1 See Certain Activated Carbon from the People’s
                                               (Emphasis added).
                                                  16 See 19 CFR 351.309(d).                            . . . preliminary results of review, unless the        Republic of China: Preliminary Results of
                                                  17 See 19 CFR 351.310(c) (‘‘Any interested party     Secretary alters this time limit. . . .’’) (Emphasis   Antidumping Duty Administrative Review; 2015–
                                               may request that the Secretary hold a public hearing    added). See also 19 CFR 351.303 for general filing     2016, 82 FR 21195 (May 5, 2017), and
                                               on arguments to be raised in case or rebuttal briefs    requirements.                                          accompanying Preliminary Decision Memorandum
                                               within 30 days after the date of publication of the        18 See 19 CFR 351.310.                              (Preliminary Results).



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Document Created: 2018-10-25 10:26:30
Document Modified: 2018-10-25 10:26:30
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
DatesApplicable November 7, 2017.
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 Citation82 FR 51605 

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