83 FR 55520 - Diamond Sawblades and Parts Thereof From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results of Review and Amended Final Results of the Antidumping Duty Administrative Review; 2012-2013
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 215 (November 6, 2018)
International Trade Administration
Federal Register Volume 83, Issue 215 (November 6, 2018)
| Page Range | 55520-55522 | |
| FR Document | 2018-24251 |
[Federal Register Volume 83, Number 215 (Tuesday, November 6, 2018)] [Notices] [Pages 55520-55522] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24251] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-900] Diamond Sawblades and Parts Thereof From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results of Review and Amended Final Results of the Antidumping Duty Administrative Review; 2012-2013 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On October 23, 2018, the United States Court of International Trade (CIT) sustained the final remand redetermination pertaining to the administrative review of the antidumping duty order on diamond sawblades and parts thereof from the People's Republic of China covering the period November 1, 2012, through October 31, 2013. The Department of Commerce (Commerce) is notifying the public that the CIT's final judgment in this case is not in harmony with the final results of the administrative review and that Commerce is amending the final results with respect to the respondents eligible for separate rates. DATES: Applicable November 2, 2018. FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Minoo Hatten, 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 or (202) 482-1690, respectively. SUPPLEMENTARY INFORMATION: Background On June 8, 2015, Commerce published the Final Results, in which we valued cores produced by Weihai Xiangguang Mechanical Industrial Co., Ltd., using a build-up methodology and calculated surrogate financial ratios using Philippine financial statements.\1\ On [[Page 55521]] March 31, 2017, the CIT remanded the Final Results to Commerce to reconsider the valuation of cores and the use of certain financial statements.\2\ In the first final remand redetermination, we revised the valuation of cores and used other available financial statements to calculate surrogate financial ratios.\3\ On March 22, 2018, the CIT remanded the Final Results to further examine the revisions to the valuation of cores and our decision not to use certain financial statements in the first final remand redetermination.\4\ In the second final remand redetermination, we further revised the valuation of cores and we used additional financial statements to calculate surrogate financial ratios.\5\ On October 23, 2018, the CIT sustained our second final remand redetermination in its entirety.\6\ --------------------------------------------------------------------------- \1\ See Diamond Sawblades and Parts Thereof from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2012-2013, 80 FR 32344 (June 8, 2015) (Final Results) and accompanying Issues and Decision Memorandum at Comments 14 and 16. \2\ See Diamond Sawblades Manufacturers' Coalition v. United States, 219 F. Supp. 3d 1368 (CIT 2017). \3\ See Final Remand Redetermination dated September 21, 2017, pursuant to Diamond Sawblades Manufacturers' Coalition v. United States, 219 F. Supp. 3d 1368 (CIT 2017), and available at https://enforcement.trade.gov/remands/17-36.pdf. \4\ See Diamond Sawblades Manufacturers' Coalition v. United States, 299 F. Supp. 3d 1374 (CIT 2018). \5\ See Final Second Remand Redetermination dated July 20, 2018, pursuant to Diamond Sawblades Manufacturers' Coalition v. United States, 299 F. Supp. 3d 1374 (CIT 2018), and available at https://enforcement.trade.gov/remands/18-26.pdf. \6\ See Diamond Sawblades Manufacturers' Coalition v. United States, Consol. Court No. 15-00164, slip op. 18-145 (CIT Oct. 23, 2018). --------------------------------------------------------------------------- Timken Notice In its decision in Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (Timken), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010), the United States Court of Appeals for the Federal Circuit held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of a court decision that is not ``in harmony'' with a Commerce determination and must suspend liquidation of entries pending a ``conclusive'' court decision. The CIT's October 23, 2018, final judgment sustaining the second final remand redetermination constitutes the CIT's final decision which is not ``in harmony'' with the Final Results. This notice is published in fulfillment of the publication requirements of Timken. Accordingly, Commerce will continue the suspension of liquidation of the subject merchandise pending expiration of the period to appeal or, if appealed, pending a final and conclusive court decision. Amended Final Results of Review Because there is now a final court decision, Commerce is amending the Final Results with respect to the separate rate respondents as follows: ------------------------------------------------------------------------ Weighted-average Exporter dumping margin (percent) ------------------------------------------------------------------------ Bosun Tools Co., Ltd................................ 3.45 Chengdu Huifeng Diamond Tools Co., Ltd \7\.......... 12.05 Danyang City Ou Di Ma Tools Co., Ltd................ 12.05 Danyang Huachang Diamond Tools Manufacturing Co., 12.05 Ltd................................................ Danyang NYCL Tools Manufacturing Co., Ltd........... 12.05 Danyang Tsunda Diamond Tools Co., Ltd............... 12.05 Danyang Weiwang Tools Manufacturing Co., Ltd........ 12.05 Guilin Tebon Superhard Material Co., Ltd............ 12.05 Hangzhou Deer King Industrial and Trading Co., Ltd.. 12.05 Hangzhou Kingburg Import & Export Co., Ltd.......... 12.05 Huzhou Gu's Import & Export Co., Ltd................ 12.05 Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd 12.05 \8\................................................ Jiangsu Inter-China Group Corporation............... 12.05 Jiangsu Youhe Tool Manufacturer Co., Ltd............ 12.05 Pujiang Talent Diamond Tools Co., Ltd............... 12.05 Qingdao Hyosung Diamond Tools Co., Ltd.............. 12.05 Qingyuan Shangtai Diamond Tools Co., Ltd............ 12.05 Quanzhou Zhongzhi Diamond Tool Co., Ltd............. 12.05 Rizhao Hein Saw Co., Ltd............................ 12.05 Saint-Gobain Abrasives (Shanghai) Co., Ltd.......... 12.05 Shanghai Jingquan Ind. Trade Co., Ltd............... 12.05 Shanghai Starcraft Tools Company Limited............ 12.05 Weihai Xiangguang Mechanical Industrial Co., Ltd.... 22.57 Wuhan Wanbang Laser Diamond Tools Co \9\............ 12.05 Xiamen ZL Diamond Technology Co., Ltd............... 12.05 Zhejiang Wanli Tools Group Co., Ltd................. 12.05 ------------------------------------------------------------------------ In the event the CIT's ruling is not appealed or, if appealed, upheld by a final and conclusive court decision, Commerce will instruct the U.S. Customs and Border Protection (CBP) to assess antidumping duties on unliquidated entries of subject merchandise based on the revised rates Commerce determined and listed above. --------------------------------------------------------------------------- \7\ Commerce determined that Chengdu Huifeng New Material Technology Co., Ltd., is the successor-in-interest to Chengdu Huifeng Diamond Tools Co., Ltd. See Diamond Sawblades and Parts Thereof from the People's Republic of China: Final Results of Antidumping Duty Changed Circumstances Review, 82 FR 60177 (December 19, 2017). \8\ Commerce found Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd., Jiangsu Fengtai Tools Co., Ltd., and Jiangsu Fengtai Sawing Industry Co., Ltd., affiliated and Commerce collapsed these three companies into the Jiangsu Fengtai Single Entity. See, e.g., Diamond Sawblades and Parts Thereof from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2014-2015, 82 FR 26912, 26913 n.5 (June 12, 2017). \9\ Commerce determined that 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). --------------------------------------------------------------------------- [[Page 55522]] Cash Deposit Requirements As the cash deposit rates for Danyang City Ou Di Ma Tools Co., Ltd., and Danyang Tsunda Diamond Tools Co., Ltd., have not been subject to subsequent administrative reviews, Commerce will issue revised cash deposit instructions to CBP adjusting the rate from 2.34 percent to 12.05 percent, effective November 2, 2018. For all other respondents listed above, because the cash deposit rates have been updated in subsequent administrative reviews,\10\ we will not update their cash deposit rates as a result of these amended final results. --------------------------------------------------------------------------- \10\ See Diamond Sawblades and Parts Thereof from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2014-2015, 82 FR 26912, 26913 (June 12, 2017), for Jiangsu Inter-China Group Corporation, Diamond Sawblades and Parts Thereof from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014, 81 FR 38673, 38674-75 n.15 (June 14, 2016), for Pujiang Talent Diamond Tools Co., Ltd., which we identified as part of the China-wide entity, and Diamond Sawblades and Parts Thereof from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2015- 2016, 82 FR 57585, 57586 (December 6, 2017), and accompanying Preliminary Decision Memorandum at 3-4. 9, unchanged in Diamond Sawblades and Parts Thereof from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2015-2016, 83 FR 17527 (April 20, 2018), for all other respondents listed above for which the cash deposit rates will not be updated as a result of these amended final results. --------------------------------------------------------------------------- Notification to Interested Parties This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act. Dated: October 31, 2018. 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. 2018-24251 Filed 11-5-18; 8:45 am] BILLING CODE 3510-DS-P
![55520 Federal Register / Vol. 83, No. 215 / Tuesday, November 6, 2018 / Notices
and allocate sales resulting from such Members from and admission of export sales by Members (including
arrangements among the Members. Members to AGC. export price information).
4. The Members may refuse to deal 11. AGC may, for itself or on behalf Dated: October 31, 2018.
with export intermediaries other than of its Members, establish and implement
Joseph Flynn,
AGC and its Members. a quality assurance program for Export
Director, Office of Trade and Economic
5. AGC may, for itself and on behalf Product, including without limitation
Analysis, International Trade Administration,
of its Members, by agreement with its or establishing, staffing, and operating a U.S. Department of Commerce.
its Members’ distributors or agents, or laboratory to conduct quality testing,
[FR Doc. 2018–24220 Filed 11–5–18; 8:45 am]
on the basis of its own determination: promulgating quality standards or
BILLING CODE 3510–DR–P
(a) Establish the prices at which grades, inspecting Export Product
Export Product will be sold in export samples and publishing guidelines for
markets; and reports of the results of laboratory DEPARTMENT OF COMMERCE
(b) establish standard terms of sale of testing.
Export Product; 12. AGC may conduct meetings of its International Trade Administration
(c) establish standard quality grades Members to engage in the activities
described in paragraphs 1 through 11, [A–570–900]
for Export Product;
(d) establish target prices for sales of above.
13. AGC may compile for, collect Diamond Sawblades and Parts Thereof
Export Product by its Members in export From the People’s Republic of China:
markets, with each Member remaining from, and disseminate to its Members,
and the Members may discuss among Notice of Court Decision Not in
free to deviate from such target prices in Harmony With the Final Results of
its sole discretion; themselves, either in meetings
conducted by AGC or independently via Review and Amended Final Results of
(e) subject to the limitations set forth the Antidumping Duty Administrative
in paragraph 1, above, establish the telephone and other available and
appropriate modes of communication, Review; 2012–2013
quantity of Export Product to be sold in
export markets; the following types of information with AGENCY: Enforcement and Compliance,
(f) allocate among the Members export respect to the export of International Trade Administration,
markets or customers in the export Export Product to export markets Department of Commerce.
markets; only: SUMMARY: On October 23, 2018, the
(a) Sales and marketing efforts, and
(g) refuse to quote prices for, or to United States Court of International
activities and opportunities for sales of
market or sell, Export Product in export Trade (CIT) sustained the final remand
Export Product, including but not
markets; and redetermination pertaining to the
limited to selling strategies and pricing,
(h) engage in joint promotional administrative review of the
projected demand for Export Product,
activities aimed at developing existing antidumping duty order on diamond
standard or customary terms of sale in
or new export markets, such as sawblades and parts thereof from the
export markets, prices and availability
advertising and trade shows. People’s Republic of China covering the
of Export Product from competitors, and
6. AGC may, for itself and on behalf period November 1, 2012, through
specifications for Export Product by
of its Members, contact non-member October 31, 2013. The Department of
customers in export markets;
suppliers of Export Product to elicit (b) Price, quality, quantity, source, Commerce (Commerce) is notifying the
information relating to price, volume and delivery dates of Export Product public that the CIT’s final judgment in
delivery schedules, terms of sale, and available from the Members for export this case is not in harmony with the
other matters relating to such suppliers’ including but not limited to export final results of the administrative review
sales or prospective sales in export inventory levels and geographic and that Commerce is amending the
markets. availability; final results with respect to the
7. Subject to the limitations set forth (c) Terms and conditions of contracts respondents eligible for separate rates.
in paragraph 1, above, AGC and its for sales to be considered and/or bid on DATES: Applicable November 2, 2018.
Members may agree on the quantities of by AGC and its Members; FOR FURTHER INFORMATION CONTACT:
Export Product and the prices at which (d) Joint bidding or selling Yang Jin Chun or Minoo Hatten, AD/
AGC and its Members may sell Export arrangements and allocation of sales CVD Operations, Office I, Enforcement
Product in and for export markets, and resulting from such arrangements and Compliance, International Trade
may also agree on territorial and among the Members, including each Administration, U.S. Department of
customer allocations in export markets Member’s share of the previous calendar Commerce, 1401 Constitution Avenue
among the Members. year’s total foreign sales; NW, Washington, DC 20230; telephone
8. AGC and its Members may enter (e) Expenses specific to exporting to (202) 482–5760 or (202) 482–1690,
into exclusive and non-exclusive and within export markets, including respectively.
agreements appointing third parties as without limitation transportation, trans-
export intermediaries for the sale of SUPPLEMENTARY INFORMATION:
or intermodal shipments, cold storage,
Export Product in export markets. Such insurance, inland freight to port, port Background
agreements may contain the price, storage, commissions, export sales, On June 8, 2015, Commerce published
quantity, territorial and customer documentation, financing, customs the Final Results, in which we valued
restrictions for export markets contained duties, and taxes; cores produced by Weihai Xiangguang
in paragraph 5, above. (f) U.S. and foreign legislation
khammond on DSK30JT082PROD with NOTICES
Mechanical Industrial Co., Ltd., using a
9. AGC and its Members may solicit regulations and policies affecting export build-up methodology and calculated
individual non-Member suppliers of sales; and surrogate financial ratios using
Export Product to sell such Export (g) AGC’s and/or its Members’ export
Philippine financial statements.1 On
Product to AGC or Members for sale in operations, including without
export markets. limitation, sales and distribution 1 See Diamond Sawblades and Parts Thereof from
10. AGC and its Members may networks established by AGC or its the People’s Republic of China: Final Results of
prescribe conditions for withdrawal of Members in export markets, and prior Antidumping Duty Administrative Review; 2012–
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![55522 Federal Register / Vol. 83, No. 215 / Tuesday, November 6, 2018 / Notices
Cash Deposit Requirements OMB Control Number: #0693–0075. November 16, 2018, 10–12 p.m., Pacific
As the cash deposit rates for Danyang Form Number(s): None. Time.
City Ou Di Ma Tools Co., Ltd., and Type of Request: Regular submission ADDRESSES: The public meeting will be
Danyang Tsunda Diamond Tools Co., (revision and extension of a currently conducted by telephone conference call.
Ltd., have not been subject to approved information collection.
FOR FURTHER INFORMATION CONTACT:
subsequent administrative reviews, Number of Respondents: 120.
Average Hours per Response: 2 hours Katherine Cheney; NFMS West Coast
Commerce will issue revised cash Region; 503–231–6730; email:
deposit instructions to CBP adjusting per response.
Burden Hours: 240 Hours. Katherine.Cheney@noaa.gov.
the rate from 2.34 percent to 12.05
Needs and Uses: New collaborative SUPPLEMENTARY INFORMATION: Notice is
percent, effective November 2, 2018. For
projects to address specific hereby given of a meeting of MAFAC’s
all other respondents listed above,
cybersecurity challenges. Technology CBP Task Force. The MAFAC was
because the cash deposit rates have been
providers having an interest in established by the Secretary of
updated in subsequent administrative
participating in an announced project Commerce (Secretary), and, since 1971,
reviews,10 we will not update their cash
are invited to submit Letters of Interest advises the Secretary on all living
deposit rates as a result of these marine resource matters that are the
amended final results. (LoI) in participation. NIST provides a
LoI template to technology providers responsibility of the Department of
Notification to Interested Parties that express a desire to participate in a Commerce. The MAFAC charter and
This notice is issued and published in project. summaries of prior MAFAC meetings
accordance with sections 516A(e)(1), Affected Public: Business or other for are located online at https://
751(a)(1), and 777(i)(1) of the Act. profit. www.fisheries.noaa.gov/topic/
Frequency: Once per announcement. partners#marine-fisheries-advisory-
Dated: October 31, 2018. Respondent’s Obligation: Voluntary. committee-. The CBP Task Force reports
Gary Taverman, This information collection request to MAFAC and is being convened to
Deputy Assistant Secretary for Antidumping may be viewed at reginfo.gov. Follow develop recommendations for long-term
and Countervailing Duty Operations, the instructions to view Department of goals to meet Columbia Basin salmon
performing the non-exclusive functions and Commerce collections currently under recovery, conservation needs, and
duties of the Assistant Secretary for harvest opportunities, in the context of
Enforcement and Compliance.
review by OMB.
Written comments and habitat capacity and other factors that
[FR Doc. 2018–24251 Filed 11–5–18; 8:45 am]
recommendations for the proposed affect salmon mortality. More
BILLING CODE 3510–DS–P information is available at the CBP Task
information collection should be sent
within 30 days of publication of this Force web page: http://
notice to OIRA_Submission@ www.westcoast.fisheries.noaa.gov/
DEPARTMENT OF COMMERCE
omb.eop.gov or fax to (202) 395–5806. columbia_river/index.html.
Submission for OMB Review; Sheleen Dumas, Matters To Be Considered
Comment Request Departmental Lead PRA Officer, Office of the The Committee is convening to
The Department of Commerce will Chief Information Officer. discuss updates to the shared
submit to the Office of Management and [FR Doc. 2018–24263 Filed 11–5–18; 8:45 am] provisional salmon and steelhead
Budget (OMB) for clearance the BILLING CODE 3510–13–P quantitative goals, the draft
following proposal for collection of recommendations report, and planning
information under the provisions of the for the next phase of work for the CBP
Paperwork Reduction Act (44 U.S.C. DEPARTMENT OF COMMERCE Task Force.
Chapter 35).
Agency: National Institute of National Oceanic and Atmospheric Time and Date
Standards and Technology (NIST). Administration
The meeting is scheduled for
Title: National Cybersecurity Center of RIN 0648–XG603 November 15, 2018, 1–4 p.m. and
Excellence (NCCoE) Participant Letter(s) November 16, 2018, 10 a.m.–12 p.m.,
of Interest (LoI). Meeting of the Columbia Basin Pacific Time by conference call and
Partnership Task Force of the Marine webinar. Access information for the
10 See Diamond Sawblades and Parts Thereof Fisheries Advisory Committee public will be posted at http://
from the People’s Republic of China: Final Results www.westcoast.fisheries.noaa.gov/
of Antidumping Duty Administrative Review; 2014– AGENCY: National Marine Fisheries
2015, 82 FR 26912, 26913 (June 12, 2017), for Service (NMFS), National Oceanic and columbia_river/index.html by
Jiangsu Inter-China Group Corporation, Diamond Atmospheric Administration (NOAA), November 9, 2018.
Sawblades and Parts Thereof from the People’s
Republic of China: Final Results of Antidumping Commerce. Special Accommodations
Duty Administrative Review; 2013–2014, 81 FR ACTION: Notice of open public meeting.
38673, 38674–75 n.15 (June 14, 2016), for Pujiang These meetings are physically
Talent Diamond Tools Co., Ltd., which we SUMMARY: This notice sets forth the accessible to people with disabilities.
identified as part of the China-wide entity, and
proposed schedule and agenda of two Requests for auxiliary aids should be
Diamond Sawblades and Parts Thereof from the directed to Katherine Cheney, 503–231–
People’s Republic of China: Preliminary Results of forthcoming meetings of the Marine
Antidumping Duty Administrative Review; 2015– Fisheries Advisory Committee’s 6730 by November 8, 2018.
khammond on DSK30JT082PROD with NOTICES
2016, 82 FR 57585, 57586 (December 6, 2017), and (MAFAC’s) Columbia Basin Partnership Dated: October 31, 2018.
accompanying Preliminary Decision Memorandum
at 3–4. 9, unchanged in Diamond Sawblades and
Task Force (CBP Task Force). The CBP Jennifer L. Lukens,
Parts Thereof from the People’s Republic of China: Task Force will discuss the issues Federal Program Officer, Marine Fisheries
Final Results of Antidumping Duty Administrative outlined in the SUPPLEMENTARY Advisory Committee, National Marine
Review; 2015–2016, 83 FR 17527 (April 20, 2018), INFORMATION below. Fisheries Service.
for all other respondents listed above for which the
cash deposit rates will not be updated as a result DATES: The meetings are scheduled for [FR Doc. 2018–24237 Filed 11–5–18; 8:45 am]
of these amended final results. November 15, 2018, 1–4 p.m. and BILLING CODE 3510–22–P
VerDate Sep<11>2014 17:05 Nov 05, 2018 Jkt 247001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\06NON1.SGM 06NON1](https://thefederalregister.org/doc/83_FR_55735/page/3.svg)
Document Created: 2018-11-06 00:18:40
Document Modified: 2018-11-06 00:18:40
| 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 | Applicable November 2, 2018. | |
| Contact | Yang Jin Chun or Minoo Hatten, 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 or (202) 482-1690, respectively. | |
| FR Citation | 83 FR 55520 |
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