83_FR_57646 83 FR 57425 - Diamond Sawblades and Parts Thereof From the People's Republic of China: Preliminary Affirmative Determination of Circumvention

83 FR 57425 - Diamond Sawblades and Parts Thereof From the People's Republic of China: Preliminary Affirmative Determination of Circumvention

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 221 (November 15, 2018)

Page Range57425-57427
FR Document2018-24939

The Department of Commerce (Commerce) preliminarily determines that Diamond Tools Technology (Thailand) Co., Ltd. (Diamond Tools) is circumventing the antidumping duty order on diamond sawblades and parts thereof (diamond sawblades) from the People's Republic of China (China).

Federal Register, Volume 83 Issue 221 (Thursday, November 15, 2018)
[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Notices]
[Pages 57425-57427]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24939]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-900]


Diamond Sawblades and Parts Thereof From the People's Republic of 
China: Preliminary Affirmative Determination of Circumvention

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Diamond Tools Technology (Thailand) Co., Ltd. (Diamond Tools) is 
circumventing the antidumping duty order on diamond sawblades and parts 
thereof (diamond sawblades) from the People's Republic of China 
(China).

DATES: Applicable November 15, 2018.

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

    On December 7, 2017, in response to a request from Diamond 
Sawblades Manufacturers' Coalition (the petitioner), Commerce published 
the initiation of the anti-circumvention inquiry to determine whether 
certain imports of diamond sawblades comprised of cores and segments 
produced in China and joined into diamond sawblades in, and exported 
from, Thailand by Diamond Tools are circumventing the antidumping duty 
order on diamond sawblades from China.\1\
---------------------------------------------------------------------------

    \1\ See Diamond Sawblades and Parts Thereof from the People's 
Republic of China: Initiation of Anti-Circumvention Inquiry, 82 FR 
57709 (December 7, 2017) (Initiation Notice).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the order is diamond sawblades. The 
diamond sawblades subject to the order are currently classifiable under 
subheadings 8202 to 8206 of the Harmonized Tariff Schedule of the 
United States (HTSUS), and may also enter under subheading 6804.21.00. 
The HTSUS subheadings are provided for convenience and customs 
purposes. A full description of the scope of the order is contained in 
the Preliminary Decision Memorandum.\2\ The written description is 
dispositive.
---------------------------------------------------------------------------

    \2\ See the Memorandum, ``Diamond Sawblades and Parts Thereof 
from the People's Republic of China: Decision Memorandum for 
Preliminary Affirmative Determination of Circumvention,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum) at 2-3.
---------------------------------------------------------------------------

Scope of the Anti-Circumvention Inquiry

    We initiated this anti-circumvention inquiry to cover diamond 
sawblades produced in Thailand by Diamond Tools with cores and segments 
produced in China and subsequently exported from Thailand to the United 
States.\3\ During the conduct of this anti-circumvention inquiry, 
Diamond Tools reported that, in addition to diamond sawblades produced 
in Thailand with cores and segments produced in China, it also produced 
diamond sawblades with either Chinese cores and Thai segments or Thai 
cores and Chinese segments.\4\ Based on the additional information we 
received from Diamond Tools, and as further discussed in the 
Preliminary Analysis Memorandum,\5\ we are also examining whether 
diamond sawblades produced in Thailand by Diamond Tools with either 
cores or segments produced in China are circumventing the order.
---------------------------------------------------------------------------

    \3\ See Initiation Notice, 82 FR at 57710 (``This anti-
circumvention inquiry covers diamond sawblades exported from 
Thailand to the United States that are produced by Diamond Tools 
from cores and segments of {China{time}  origin.'').
    \4\ See, e.g., Diamond Tools' original response dated January 
18, 2018, at 4.
    \5\ See the Memorandum, ``Diamond Sawblades and Parts Thereof 
from the People's Republic of China: Preliminary Analysis Memorandum 
for Diamond Tools Technology (Thailand) Co., Ltd.'' dated 
concurrently with this memorandum (Preliminary Analysis Memorandum) 
for more information containing Diamond Tools' business proprietary 
information.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this anti-circumvention inquiry in 
accordance with section 781(b) of the Tariff Act of 1930, as amended 
(the Act), and 19 CFR 351.225(h). Because China is a non-market economy 
country within the meaning of section 771(18) of the Act, Commerce 
relied on surrogate values to value the purchases of Chinese cores and 
Chinese segments, as discussed in section 773(c) of the Act. For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum. The Preliminary Decision Memorandum is 
on file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov and 
to all parties in the Central Records Unit, Room B8024 of the main 
Department of Commerce building. In addition, a

[[Page 57426]]

complete version of the Preliminary Decision Memorandum can be accessed 
directly at http://enforcement.trade.gov/frn/.

Preliminary Determination

    As detailed in the Preliminary Decision Memorandum, Commerce 
preliminarily determines that diamond sawblades produced by Diamond 
Tools in Thailand using cores and/or segments from China and exported 
from Thailand to the United States are circumventing the antidumping 
duty order on diamond sawblades from China. We therefore preliminarily 
determine that it is appropriate to include this merchandise within the 
antidumping duty order on diamond sawblades from China and to instruct 
U.S. Customs and Border Protection (CBP) to suspend entries of 
merchandise produced using Chinese cores and/or Chinese segments by 
Diamond Tools in Thailand and exported to the United States.

Suspension of Liquidation

    As stated above, Commerce has made a preliminary affirmative 
finding of circumvention of the antidumping duty order on diamond 
sawblades from China for diamond sawblades assembled or completed using 
Chinese cores and/or Chinese segments as inputs by Diamond Tools in 
Thailand and exported to the United States. This preliminary 
circumvention finding applies to diamond sawblades assembled or 
completed using Chinese cores and/or Chinese segments as inputs by 
Diamond Tools in Thailand. In accordance with section 19 CFR 
351.225(l)(2), Commerce will direct CBP to suspend liquidation and to 
require a cash deposit of estimated duties on unliquidated entries of 
diamond sawblades produced (i.e., assembled or completed) using Chinese 
cores and/or Chinese segments by Diamond Tools in Thailand that were 
entered, or withdrawn from warehouse, for consumption on or after 
December 1, 2017, the date of initiation of this anti-circumvention 
inquiry. The suspension of liquidation instructions will remain in 
effect until further notice. For the reasons stated in the Preliminary 
Analysis Memorandum, which contains Diamond Tools' business proprietary 
information,\6\ Commerce will instruct CBP to require antidumping duty 
cash deposits equal to the rate established for the China-wide entity, 
i.e., 82.05 percent,\7\ for entries of such merchandise produced by 
Diamond Tools.
---------------------------------------------------------------------------

    \6\ See Preliminary Analysis Memorandum at 4 for Diamond Tools' 
accounting and production system in its normal course of business.
    \7\ See, e.g., Diamond Sawblades and Parts Thereof from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2015-2016, 83 FR 17527, 17528 (April 20, 
2018).
---------------------------------------------------------------------------

    Diamond sawblades assembled or completed in Thailand using both 
non-Chinese origin cores and non-Chinese origin segments are not 
subject to this anti-circumvention inquiry. However, for the reasons 
stated in the Preliminary Analysis Memorandum, Commerce finds that 
Diamond Tools is not currently able to identify diamond sawblades 
produced with non-Chinese origin cores and non-Chinese origin 
segments.\8\ Therefore, Commerce will not implement a certification 
process at this preliminary stage, and we will require cash deposits on 
all entries of diamond sawblades produced by Diamond Tools in Thailand. 
We invite parties to comment on this issue in their case briefs.
---------------------------------------------------------------------------

    \8\ See Preliminary Analysis Memorandum at 4 for Diamond Tools' 
accounting and production system in its normal course of business. 
Some, but not all, of the reasons stated contain business 
proprietary information.
---------------------------------------------------------------------------

Public Comment

    Commerce intends to disclose the analysis used in these preliminary 
findings within five days of publication of this notice. Interested 
parties are invited to comment on the preliminary determination of this 
anti-circumvention inquiry. Pursuant to 19 CFR 351.309(b)(2), 
interested parties may submit case briefs not later than 30 days after 
the date of publication of this notice. Rebuttal briefs, limited to 
issues raised in the case briefs, may not be filed later than five days 
after the time limit for filing case briefs.\9\ Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), parties who submit case or rebuttal briefs in 
this anti-circumvention inquiry are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.309(d)(1)-(2).
---------------------------------------------------------------------------

    Any interested party who wishes to request a hearing, or to 
participate if one is requested, must submit a written request to the 
Assistant Secretary for Enforcement and Compliance within 30 days after 
the day of publication of this notice pursuant to 19 CFR 351.310(c). A 
request should contain: (1) The party's name, address, and telephone 
number; (2) the number of participants; (3) whether any participant is 
a foreign national; and (4) a list of issues to be discussed. If a 
request for a hearing is made, then Commerce intends to hold the 
hearing at the U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230, at a time and date to be determined. Parties 
should confirm by telephone the date, time, and location of the hearing 
two days before the scheduled date. Issues raised in the hearing will 
be limited to those raised in case and rebuttal briefs.

International Trade Commission Notification

    Consistent with section 781(e) of the Act, Commerce will notify the 
International Trade Commission (ITC) of this preliminary determination 
to include the merchandise subject to this anti-circumvention inquiry 
within the antidumping duty order on diamond sawblades from China. 
Pursuant to section 781(e) of the Act, the ITC may request 
consultations concerning Commerce's proposed inclusion of the subject 
merchandise. If, after consultations, the ITC believes that a 
significant injury issue is presented by the proposed inclusion, it 
will have 60 days from the date of notification by Commerce to provide 
written advice.

Final Determination

    According to section 781(f) of the Act, Commerce shall, to the 
maximum extent practicable, make its anti-circumvention determination 
within 300 days from the date of the initiation of the inquiry.\10\ Due 
to the complicated nature of this anti-circumvention inquiry, we 
previously extended the deadline for the final determination of this 
anti-circumvention inquiry by 150 days. Therefore, Commerce intends to 
issue the final determination in this anti-circumvention inquiry by 
February 27, 2019.\11\
---------------------------------------------------------------------------

    \10\ See also 19 CFR 351.225(f)(iii)(5) (explaining that 
Commerce will issue a final anticircumvention ruling ``normally 
within 300 days from the date of the initiation of the . . . 
inquiry'').
    \11\ See the Memorandum, ``Diamond Sawblades and Parts Thereof 
from the People's Republic of China: Extension of Deadline for Final 
Determination of Anti-Circumvention Inquiry,'' dated September 27, 
2018.
---------------------------------------------------------------------------

    This preliminary affirmative circumvention determination is 
published in accordance with section 781(b) of the Act and 19 CFR 
351.225(f).

    Dated: November 8, 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.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Scope of the Anti-Circumvention Inquiry

[[Page 57427]]

V. The Period of Inquiry
VI. Surrogate Country and Valuation Methodology for Inputs from 
China
VII. Statutory Framework
VIII. Statutory Analysis
IX. Other Statutory Criteria
X. Summary of Statutory Analysis
XI. Recommendation

[FR Doc. 2018-24939 Filed 11-14-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                         Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Notices                                                     57425

                                               f. Blue North Fisheries, Inc, Seattle, WA               DEPARTMENT OF COMMERCE                                Scope of the Anti-Circumvention
                                                  changes to Blue North Fisheries, Inc.,                                                                     Inquiry
                                                  Seattle, WA                                          International Trade Administration                       We initiated this anti-circumvention
                                               g. Clipper Group, Ltd, Seattle, WA                      [A–570–900]                                           inquiry to cover diamond sawblades
                                                  changes to Clipper Group, Ltd.,                                                                            produced in Thailand by Diamond
                                                  Seattle, WA                                          Diamond Sawblades and Parts Thereof                   Tools with cores and segments
                                                                                                       From the People’s Republic of China:                  produced in China and subsequently
                                               h. Liberator Fisheries, LLC, Seattle, WA                Preliminary Affirmative Determination                 exported from Thailand to the United
                                                  changes to Liberator Fisheries LLC,                  of Circumvention                                      States.3 During the conduct of this anti-
                                                  Seattle, WA                                                                                                circumvention inquiry, Diamond Tools
                                                                                                       AGENCY:   Enforcement and Compliance,
                                               i. Siberian Sea Fisheries, LLC, Seattle,                                                                      reported that, in addition to diamond
                                                                                                       International Trade Administration,
                                                  WA changes to Siberian Sea Fisheries                                                                       sawblades produced in Thailand with
                                                                                                       Department of Commerce.
                                                  LLC, Seattle, WA                                                                                           cores and segments produced in China,
                                                                                                       SUMMARY: The Department of Commerce                   it also produced diamond sawblades
                                                 ALCC’s Membership, as amended, is                     (Commerce) preliminarily determines                   with either Chinese cores and Thai
                                               below: Alaskan Leader Fisheries LLC,                    that Diamond Tools Technology                         segments or Thai cores and Chinese
                                               Lynden, Washington; Alaskan Leader                      (Thailand) Co., Ltd. (Diamond Tools) is               segments.4 Based on the additional
                                               Seafoods LLC, Lynden, Washington;                       circumventing the antidumping duty                    information we received from Diamond
                                               Alaskan Leader Vessel LLC, Lynden,                      order on diamond sawblades and parts                  Tools, and as further discussed in the
                                               Washington; Bristol Leader Fisheries                    thereof (diamond sawblades) from the                  Preliminary Analysis Memorandum,5
                                               LLC, Lynden, Washington; Bering                         People’s Republic of China (China).                   we are also examining whether diamond
                                               Leader Fisheries LLC, Lynden,                           DATES: Applicable November 15, 2018.                  sawblades produced in Thailand by
                                               Washington; Northern Leader Fisheries                   FOR FURTHER INFORMATION CONTACT:                      Diamond Tools with either cores or
                                               LLC, Lynden, Washington; Gulf Mist,                     Yang Jin Chun, AD/CVD Operations                      segments produced in China are
                                               Inc., Everett, Washington; Deep Sea                     Office I, Enforcement and Compliance,                 circumventing the order.
                                               Fisheries, Inc., Everett, Washington;                   International Trade Administration,                   Methodology
                                               Aleutian Spray Fisheries, Inc., Seattle,                U.S. Department of Commerce, 1401
                                               Washington; Liberator Fisheries LLC,                    Constitution Avenue NW, Washington,                      Commerce is conducting this anti-
                                                                                                       DC 20230; telephone: (202) 482–5760.                  circumvention inquiry in accordance
                                               Seattle, Washington; Siberian Sea
                                                                                                                                                             with section 781(b) of the Tariff Act of
                                               Fisheries LLC, Seattle, Washington;                     SUPPLEMENTARY INFORMATION:
                                                                                                                                                             1930, as amended (the Act), and 19 CFR
                                               Akulurak LLC, Seattle, Washington;                                                                            351.225(h). Because China is a non-
                                                                                                       Background
                                               Romanzof Fishing Company, L.L.C.,                                                                             market economy country within the
                                               Seattle, Washington; Beauty Bay                            On December 7, 2017, in response to
                                                                                                                                                             meaning of section 771(18) of the Act,
                                               Washington, LLC, Edmonds,                               a request from Diamond Sawblades
                                                                                                                                                             Commerce relied on surrogate values to
                                               Washington; Tatoosh Seafoods, LLC,                      Manufacturers’ Coalition (the
                                                                                                                                                             value the purchases of Chinese cores
                                               Edmonds, Washington; Blue North                         petitioner), Commerce published the
                                                                                                                                                             and Chinese segments, as discussed in
                                               Fisheries, Inc., Seattle, Washington;                   initiation of the anti-circumvention
                                                                                                                                                             section 773(c) of the Act. For a full
                                               Blue North Trading Company, LLC,                        inquiry to determine whether certain
                                                                                                                                                             description of the methodology
                                                                                                       imports of diamond sawblades
                                               Seattle, Washington; Clipper Group,                                                                           underlying our conclusions, see the
                                                                                                       comprised of cores and segments                       Preliminary Decision Memorandum.
                                               Ltd., Seattle, Washington; Clipper
                                                                                                       produced in China and joined into                     The Preliminary Decision Memorandum
                                               Seafoods, Ltd., Seattle, Washington (a
                                                                                                       diamond sawblades in, and exported                    is on file electronically via Enforcement
                                               wholly-owned subsidiary of Clipper                      from, Thailand by Diamond Tools are
                                               Group, Ltd.); Shelford’s Boat, Ltd., Mill                                                                     and Compliance’s Antidumping and
                                                                                                       circumventing the antidumping duty                    Countervailing Duty Centralized
                                               Creek, Washington; Siu Alaska                           order on diamond sawblades from
                                               Corporation, Anchorage, Alaska; Coastal                                                                       Electronic Service System (ACCESS).
                                                                                                       China.1                                               ACCESS is available to registered users
                                               Villages Longline LLC, Anchorage,
                                               Alaska; and Prowler Fisheries, LLC,                     Scope of the Order                                    at http://access.trade.gov and to all
                                               Seattle, Washington.                                                                                          parties in the Central Records Unit,
                                                                                                          The merchandise subject to the order
                                                                                                                                                             Room B8024 of the main Department of
                                                 The effective date of the amended                     is diamond sawblades. The diamond
                                                                                                                                                             Commerce building. In addition, a
                                               Certificate is August 9, 2018, the date on              sawblades subject to the order are
                                               which ALCC’s application to amend                       currently classifiable under subheadings
                                                                                                                                                             China: Decision Memorandum for Preliminary
                                               was deemed submitted.                                   8202 to 8206 of the Harmonized Tariff                 Affirmative Determination of Circumvention,’’
                                                                                                       Schedule of the United States (HTSUS),                dated concurrently with, and hereby adopted by,
                                                 Dated: November 8, 2018.                              and may also enter under subheading                   this notice (Preliminary Decision Memorandum) at
                                               Joseph Flynn,                                           6804.21.00. The HTSUS subheadings                     2–3.
                                                                                                                                                               3 See Initiation Notice, 82 FR at 57710 (‘‘This anti-
                                               Director, Office of Trade and Economic                  are provided for convenience and                      circumvention inquiry covers diamond sawblades
                                               Analysis, International Trade Administration,           customs purposes. A full description of               exported from Thailand to the United States that are
                                               U.S. Department of Commerce.                            the scope of the order is contained in                produced by Diamond Tools from cores and
                                               [FR Doc. 2018–24947 Filed 11–14–18; 8:45 am]            the Preliminary Decision                              segments of {China} origin.’’).
                                                                                                                                                               4 See, e.g., Diamond Tools’ original response
                                                                                                       Memorandum.2 The written description
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                                               BILLING CODE 3510–DR–P                                                                                        dated January 18, 2018, at 4.
                                                                                                       is dispositive.                                         5 See the Memorandum, ‘‘Diamond Sawblades

                                                                                                                                                             and Parts Thereof from the People’s Republic of
                                                                                                         1 See Diamond Sawblades and Parts Thereof from
                                                                                                                                                             China: Preliminary Analysis Memorandum for
                                                                                                       the People’s Republic of China: Initiation of Anti-   Diamond Tools Technology (Thailand) Co., Ltd.’’
                                                                                                       Circumvention Inquiry, 82 FR 57709 (December 7,       dated concurrently with this memorandum
                                                                                                       2017) (Initiation Notice).                            (Preliminary Analysis Memorandum) for more
                                                                                                         2 See the Memorandum, ‘‘Diamond Sawblades           information containing Diamond Tools’ business
                                                                                                       and Parts Thereof from the People’s Republic of       proprietary information.



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                                               57426                     Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Notices

                                               complete version of the Preliminary                     merchandise produced by Diamond                        and date to be determined. Parties
                                               Decision Memorandum can be accessed                     Tools.                                                 should confirm by telephone the date,
                                               directly at http://enforcement.trade.gov/                  Diamond sawblades assembled or                      time, and location of the hearing two
                                               frn/.                                                   completed in Thailand using both non-                  days before the scheduled date. Issues
                                                                                                       Chinese origin cores and non-Chinese                   raised in the hearing will be limited to
                                               Preliminary Determination                               origin segments are not subject to this                those raised in case and rebuttal briefs.
                                                  As detailed in the Preliminary                       anti-circumvention inquiry. However,
                                               Decision Memorandum, Commerce                           for the reasons stated in the Preliminary              International Trade Commission
                                               preliminarily determines that diamond                   Analysis Memorandum, Commerce                          Notification
                                               sawblades produced by Diamond Tools                     finds that Diamond Tools is not                          Consistent with section 781(e) of the
                                               in Thailand using cores and/or segments                 currently able to identify diamond                     Act, Commerce will notify the
                                               from China and exported from Thailand                   sawblades produced with non-Chinese                    International Trade Commission (ITC) of
                                               to the United States are circumventing                  origin cores and non-Chinese origin                    this preliminary determination to
                                               the antidumping duty order on diamond                   segments.8 Therefore, Commerce will                    include the merchandise subject to this
                                               sawblades from China. We therefore                      not implement a certification process at               anti-circumvention inquiry within the
                                               preliminarily determine that it is                      this preliminary stage, and we will                    antidumping duty order on diamond
                                               appropriate to include this merchandise                 require cash deposits on all entries of                sawblades from China. Pursuant to
                                               within the antidumping duty order on                    diamond sawblades produced by                          section 781(e) of the Act, the ITC may
                                               diamond sawblades from China and to                     Diamond Tools in Thailand. We invite                   request consultations concerning
                                               instruct U.S. Customs and Border                        parties to comment on this issue in their              Commerce’s proposed inclusion of the
                                               Protection (CBP) to suspend entries of                  case briefs.                                           subject merchandise. If, after
                                               merchandise produced using Chinese                                                                             consultations, the ITC believes that a
                                               cores and/or Chinese segments by                        Public Comment                                         significant injury issue is presented by
                                               Diamond Tools in Thailand and                              Commerce intends to disclose the                    the proposed inclusion, it will have 60
                                               exported to the United States.                          analysis used in these preliminary                     days from the date of notification by
                                                                                                       findings within five days of publication               Commerce to provide written advice.
                                               Suspension of Liquidation
                                                                                                       of this notice. Interested parties are
                                                 As stated above, Commerce has made                                                                           Final Determination
                                                                                                       invited to comment on the preliminary
                                               a preliminary affirmative finding of                    determination of this anti-                               According to section 781(f) of the Act,
                                               circumvention of the antidumping duty                   circumvention inquiry. Pursuant to 19                  Commerce shall, to the maximum extent
                                               order on diamond sawblades from                         CFR 351.309(b)(2), interested parties                  practicable, make its anti-circumvention
                                               China for diamond sawblades                             may submit case briefs not later than 30               determination within 300 days from the
                                               assembled or completed using Chinese                    days after the date of publication of this             date of the initiation of the inquiry.10
                                               cores and/or Chinese segments as inputs                 notice. Rebuttal briefs, limited to issues             Due to the complicated nature of this
                                               by Diamond Tools in Thailand and                        raised in the case briefs, may not be                  anti-circumvention inquiry, we
                                               exported to the United States. This                     filed later than five days after the time              previously extended the deadline for the
                                               preliminary circumvention finding                       limit for filing case briefs.9 Pursuant to             final determination of this anti-
                                               applies to diamond sawblades                            19 CFR 351.309(c)(2) and (d)(2), parties               circumvention inquiry by 150 days.
                                               assembled or completed using Chinese                    who submit case or rebuttal briefs in                  Therefore, Commerce intends to issue
                                               cores and/or Chinese segments as inputs                 this anti-circumvention inquiry are                    the final determination in this anti-
                                               by Diamond Tools in Thailand. In                        encouraged to submit with each                         circumvention inquiry by February 27,
                                               accordance with section 19 CFR                          argument: (1) A statement of the issue;                2019.11
                                               351.225(l)(2), Commerce will direct CBP                 (2) a brief summary of the argument;                      This preliminary affirmative
                                               to suspend liquidation and to require a                 and (3) a table of authorities.                        circumvention determination is
                                               cash deposit of estimated duties on                        Any interested party who wishes to                  published in accordance with section
                                               unliquidated entries of diamond                         request a hearing, or to participate if one            781(b) of the Act and 19 CFR 351.225(f).
                                               sawblades produced (i.e., assembled or                  is requested, must submit a written                      Dated: November 8, 2018.
                                               completed) using Chinese cores and/or                   request to the Assistant Secretary for                 Gary Taverman,
                                               Chinese segments by Diamond Tools in                    Enforcement and Compliance within 30                   Deputy Assistant Secretary for Antidumping
                                               Thailand that were entered, or                          days after the day of publication of this              and Countervailing Duty Operations,
                                               withdrawn from warehouse, for                           notice pursuant to 19 CFR 351.310(c). A                performing the non-exclusive functions and
                                               consumption on or after December 1,                     request should contain: (1) The party’s                duties of the Assistant Secretary for
                                               2017, the date of initiation of this anti-              name, address, and telephone number;                   Enforcement and Compliance.
                                               circumvention inquiry. The suspension                   (2) the number of participants; (3)                    Appendix
                                               of liquidation instructions will remain                 whether any participant is a foreign
                                               in effect until further notice. For the                                                                        List of Topics Discussed in the Preliminary
                                                                                                       national; and (4) a list of issues to be
                                               reasons stated in the Preliminary                                                                              Decision Memorandum
                                                                                                       discussed. If a request for a hearing is
                                               Analysis Memorandum, which contains                     made, then Commerce intends to hold                    I. Summary
                                               Diamond Tools’ business proprietary                                                                            II. Background
                                                                                                       the hearing at the U.S. Department of                  III. Scope of the Order
                                               information,6 Commerce will instruct                    Commerce, 1401 Constitution Avenue
                                               CBP to require antidumping duty cash                                                                           IV. Scope of the Anti-Circumvention Inquiry
                                                                                                       NW, Washington, DC 20230, at a time
                                               deposits equal to the rate established for
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                                                                                                                                                                10 See also 19 CFR 351.225(f)(iii)(5) (explaining
                                               the China-wide entity, i.e., 82.05                      of Antidumping Duty Administrative Review; 2015–       that Commerce will issue a final anticircumvention
                                               percent,7 for entries of such                           2016, 83 FR 17527, 17528 (April 20, 2018).             ruling ‘‘normally within 300 days from the date of
                                                                                                         8 See Preliminary Analysis Memorandum at 4 for       the initiation of the . . . inquiry’’).
                                                 6 See Preliminary Analysis Memorandum at 4 for        Diamond Tools’ accounting and production system          11 See the Memorandum, ‘‘Diamond Sawblades

                                               Diamond Tools’ accounting and production system         in its normal course of business. Some, but not all,   and Parts Thereof from the People’s Republic of
                                               in its normal course of business.                       of the reasons stated contain business proprietary     China: Extension of Deadline for Final
                                                 7 See, e.g., Diamond Sawblades and Parts Thereof      information.                                           Determination of Anti-Circumvention Inquiry,’’
                                               from the People’s Republic of China: Final Results        9 See 19 CFR 351.309(d)(1)–(2).                      dated September 27, 2018.



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                                                                         Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Notices                                                  57427

                                               V. The Period of Inquiry                                with this determination and hereby                    Verification
                                               VI. Surrogate Country and Valuation                     adopted by this notice.2
                                                    Methodology for Inputs from China                                                                           As provided in section 782(i) of the
                                               VII. Statutory Framework                                   The Issues and Decision                            Act, in June 2018, we conducted
                                               VIII. Statutory Analysis                                Memorandum is a public document and                   verification of the questionnaire
                                               IX. Other Statutory Criteria                            is on file electronically via Enforcement             responses submitted by Henan Mingtai
                                               X. Summary of Statutory Analysis                        and Compliance’s Antidumping and                      Industrial Co., Ltd. and Zhengzhou
                                               XI. Recommendation                                      Countervailing Duty Centralized                       Mingtai (collectively, Mingtai); and
                                               [FR Doc. 2018–24939 Filed 11–14–18; 8:45 am]            Electronic Service System (ACCESS).                   Yong Jie New Material Co., Ltd. (Yong
                                               BILLING CODE 3510–DS–P                                  ACCESS is available to registered users               Jie New Material). We issued
                                                                                                       at http://access.trade.gov, and is                    verification reports on July 3, 2018.5 We
                                                                                                       available to all parties in the Central               used standard verification procedures,
                                               DEPARTMENT OF COMMERCE                                  Records Unit, Room B8024 of the main                  including an examination of relevant
                                                                                                       Department of Commerce building. In                   accounting and financial records, and
                                               International Trade Administration                      addition, a complete version of the                   original source documents provided by
                                                                                                       Issues and Decision Memorandum can                    Mingtai and Yong Jie New Material.
                                               [C–570–074]                                             be accessed directly at http://                       Period of Investigation
                                                                                                       enforcement.trade.gov/frn/. The signed
                                               Countervailing Duty Investigation of                    Issues and Decision Memorandum and                      The POI is January 1, 2016, through
                                               Common Alloy Aluminum Sheet From                        the electronic version are identical in               December 31, 2016.
                                               the People’s Republic of China: Final                   content.                                              Analysis of Subsidy Programs and
                                               Affirmative Determination                                                                                     Comments Received
                                                                                                       Scope Comments
                                               AGENCY:  Enforcement and Compliance,                                                                            The subsidy programs under
                                                                                                         We invited parties to comment on                    investigation, and the issues raised in
                                               International Trade Administration,                     Commerce’s Scope Comments
                                               Department of Commerce.                                                                                       the case and rebuttal briefs submitted by
                                                                                                       Preliminary Decision Memorandum.3                     the parties, are discussed in the Issues
                                               SUMMARY:   The Department of Commerce                   Commerce has reviewed the briefs                      and Decision Memorandum. A list of
                                               (Commerce) determines that                              submitted by interested parties,                      the issues that parties raised, and to
                                               countervailable subsidies are being                     considered the arguments therein, and                 which we responded in the Issues and
                                               provided to producers and exporters of                  has made no changes to the scope of the               Decision Memorandum, is attached to
                                               common alloy aluminum sheet                             investigation. For further discussion, see            this notice at Appendix II.
                                               (common alloy sheet) from the People’s                  Commerce’s Scope Comments Final
                                               Republic of China (China) for the period                Decision Memorandum.4                                 Final Affirmative Determination of
                                               of investigation (POI) January 1, 2016,                                                                       Critical Circumstances
                                                                                                       Methodology
                                               through December 31, 2016.                                                                                      In the Preliminary Determination, we
                                               DATES:   Applicable November 15, 2018.                    Commerce conducted this                             found that critical circumstances exist
                                                                                                       countervailing duty (CVD) investigation               for the Chalco companies and ‘‘all-
                                               FOR FURTHER INFORMATION CONTACT:                        in accordance with section 701 of the                 others.’’ For this final determination,
                                               Yasmin Bordas, Lana Nigro, or John                      Tariff Act of 1930, as amended (Act).                 pursuant to section 705(a)(2) of the Act,
                                               Anwesen, Enforcement and                                For each of the subsidy programs found                we continue to find that critical
                                               Compliance, International Trade                         to be countervailable, we determine that              circumstances exist for the Chalco
                                               Administration, U.S. Department of                      there is a subsidy (i.e., a financial                 companies and ‘‘all-others.’’ For a full
                                               Commerce, 1401 Constitution Avenue                      contribution by an ‘‘authority’’ that                 description of the methodology and
                                               NW, Washington, DC 20230; telephone:                    gives rise to a benefit to the recipient)             results of Commerce’s critical
                                               (202) 482–3813, (202) 482–1779, or                      and that the subsidy is specific. For a               circumstances analysis, see Final
                                               (202) 482–0131, respectively.                           full description of the methodology                   Determination Critical Circumstances
                                               SUPPLEMENTARY INFORMATION:                              underlying our final determination, see               Analysis Memo 6 and Issues and
                                                                                                       the Issues and Decisions Memorandum.                  Decision Memorandum at ‘‘Final
                                               Background                                                                                                    Determination of Critical
                                                                                                       Scope of the Investigation
                                                 On April 23, 2018, Commerce
                                                                                                                                                                5 See Commerce Memoranda, ‘‘Verification of the
                                               published in the Federal Register the                     The merchandise covered by this
                                                                                                                                                             Questionnaire Responses of Henan Mingtai Al
                                               Preliminary Determination and invited                   investigation is common alloy sheet                   Industrial Co., ltd. and Zhengzhou Mingtai Industry
                                               interested parties to comment.1 A                       from China. For a complete description                Co., Ltd.: Countervailing Duty Investigation of
                                               summary of the events that occurred                     of the scope of this investigation, see               Common Alloy Sheet from the People’s Republic of
                                               since Commerce published Preliminary                    Appendix I.                                           China,’’ (Mingtai Verification Report) and
                                                                                                                                                             ‘‘Verification of the Questionnaire Responses of
                                               Determination, as well as a full                                                                              Yong Jie New Material: Countervailing Duty
                                               discussion of the issues raised by parties                2 See Memorandum, ‘‘Issues and Decision
                                                                                                                                                             Investigation of Common Alloy Sheet from the
                                               for this final determination, may be                    Memorandum for the Final Determination in the         People’s Republic of China,’’ (Yong Jie New
                                               found in the Issues and Decision                        Countervailing Duty Investigation of Common Alloy     Material Verification Report), both dated July 3,
                                                                                                       Aluminum Sheet from the People’s Republic of          2018.
                                               Memorandum that is dated concurrently                   China,’’ dated concurrently with this determination      6 See Memorandum, ‘‘Calculations for Final
                                                                                                       and hereby adopted by this notice (Issues and         Determination of Critical Circumstances in the
khammond on DSK30JT082PROD with NOTICES




                                                 1 See Common Alloy Aluminum Sheet from the            Decision Memorandum).                                 Countervailing Duty Investigation of Common Alloy
                                                                                                         3 See Memorandum, ‘‘Common Alloy Aluminum
                                               People’s Republic of China: Preliminary Affirmative                                                           Aluminum Sheet from the People’s Republic of
                                               Countervailing Duty (CVD) Determination,                Sheet from the People’s Republic of China: Scope      China,’’ dated concurrently with final
                                               Alignment of Final CVD Determination with Final         Comments Preliminary Decision Memorandum,’’           determination; see also Memorandum,
                                               Antidumping Duty Determination, and Preliminary         dated June 15, 2018.                                  ‘‘Calculations for Preliminary Determination of
                                               CVD Determination of Critical Circumstances, 83           4 See Memorandum, ‘‘Common Alloy Aluminum           Critical Circumstances in the Countervailing Duty
                                               FR 17651 (April 23, 2018) (Preliminary                  Sheet from the People’s Republic of China: Scope      Investigation of Common Alloy Aluminum Sheet
                                               Determination), and accompanying Preliminary            Comments Final Decision Memorandum,’’ dated           from the People’s Republic of China,’’ dated April
                                               Decision Memorandum (PDM).                              concurrently with this memorandum.                    16, 2018.



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Document Created: 2018-11-15 04:00:22
Document Modified: 2018-11-15 04:00:22
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 15, 2018.
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 Citation83 FR 57425 

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