[Federal Register Volume 85, Number 217 (Monday, November 9, 2020)]
[Notices]
[Pages 71308-71311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24800]
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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: Final Results of Antidumping Duty Administrative Review; 2017-
2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that diamond
sawblades and parts thereof from the People's Republic of China (China)
were not sold at less than normal value during the period of review
(POR) November 1, 2017 through October 31, 2018.
DATES: Applicable November 9, 2020.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3683.
SUPPLEMENTARY INFORMATION:
Background
On January 16, 2020, Commerce published in the Federal Register the
preliminary results of the 2017-2018 administrative review of the
antidumping duty order on diamond sawblades and parts thereof from
China.\1\ We invited interested parties to
[[Page 71309]]
comment on the Preliminary Results and we received a case brief from
the petitioner, the Diamond Sawblades Manufacturers' Coalition,\2\ and
a rebuttal brief from Chengdu Huifeng New Material Technology Co.,
Ltd., the Jiangsu Fengtai Single Entity, and Wuhan Wanbang Laser
Diamond Tools Co., Ltd.\3\
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\1\ See Diamond Sawblades and Parts Thereof from the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments;
2017-2018, 85 FR 2705 (January 16, 2020) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Petitioner's Letter, ``Diamond Sawblades and Parts
Thereof from the People's Republic of China: DSMC's Case Brief,''
dated February 18, 2020.
\3\ See Chengdu Huifeng Diamond Tools Co., Ltd., the Jiangsu
Fengtai Single Entity, and Wuhan Wanbang Laser Diamond Tools Co.,
Ltd.'s Letter, ``Diamond Sawblades and Parts Thereof from the
People's Republic of China: Submission of Chengdu Huifeng's
Administrative Rebuttal Brief,'' dated March 2, 2020. The Jiangsu
Fengtai Single Entity is comprised of Jiangsu Fengtai Diamond Tool
Manufacturer Co., Ltd., Jiangsu Fengtai Diamond Tools Co., Ltd., and
Jiangsu Fengtai Sawing Industry Co., Ltd.
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On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days, thereby tolling the deadline for the final results
of review.\4\ On June 15, 2020, Commerce extended the deadline for the
final results of review, thereby extending the deadline for the final
results of review.\5\ On July 21, 2020, Commerce tolled all deadlines
in administrative reviews by an additional 60 days, thereby tolling the
deadline for the final results of review until November 2, 2020.\6\
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\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\5\ See Memorandum, ``Diamond Sawblades and Parts Thereof from
the People's Republic of China; 2017-2018: Extension of Time Limit
for Final Results of Antidumping Duty Administrative Review,'' dated
June 15, 2020.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
Because the new deadline falls on November 1, 2020, which a Sunday,
the deadline has been moved to the next business day, in accordance
with our regulations. See Notice of Clarification: Application of
``Next Business Day'' Rule for Administrative Determination
Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR
24533 (May 10, 2005) (Next Business Day Rule).
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Scope of the Order
The merchandise subject to the antidumping duty order is diamond
sawblades and parts thereof, which 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, Commerce 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). Pursuant to requests by CBP, Commerce included to the customs
case reference file the following HTSUS classification numbers:
8202.39.0040 and 8202.39.0070 on January 22, 2015, and 6804.21.0010 and
6804.21.0080 on January 26, 2015.
While the HTSUS numbers are provided for convenience and customs
purposes, the written description is dispositive. A full description of
the scope of the order is contained in the Issues and Decision
Memorandum.\7\
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\7\ See Memorandum, ``Diamond Sawblades and Parts Thereof from
the People's Republic of China: Decision Memorandum for the Final
Results of the Antidumping Duty Administrative Review; 2017-2018,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum. A
list of the issues that parties raised, and to which we responded in
the Issues and Decision Memorandum, follows as an appendix to this
notice. The Issues and Decision Memorandum is a public document and is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at http://enforcement.trade.gov/frn/.
Final Determination of No Shipments
We preliminarily found that Danyang Weiwang Tools Manufacturing
Co., Ltd., Danyang Hantronic Import & Export Co., Ltd., and Weihai
Xiangguang Mechanical Industrial Co., Ltd., which have been eligible
for separate rates in previous segments of the proceeding and are
subject to this review, did not have any shipments of subject
merchandise during the POR.\8\ On February 21, 2020, we received
confirmation that U.S. Customs and Border Protection (CBP) found no
shipments by any of these companies during the POR.\9\ No party
commented on the Preliminary Results regarding the no shipments
decision. Therefore, for these final results, we continue to find that
these companies did not have any shipments of subject merchandise
during the POR and will issue appropriate instructions to CBP based on
these final results.
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\8\ See Preliminary Results, 85 FR at 2706.
\9\ See Memorandum, ``Diamond sawblades and parts thereof from
China (A-570-900),'' dated February 21, 2020.
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Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we made
revisions to our preliminary calculations of the weighted-average
dumping margin for the single mandatory respondent, Chengdu Huifeng,
but the revisions did not result in a change to the weighted-average
margin for Chengdu Huifeng and the margin assigned to the separate rate
respondents.
Separate Rate for Non-Selected Companies
In the Preliminary Results, we found that evidence provided by
Bosun Tools Co., Ltd., Chengdu Huifeng New Material Technology Co.,
Ltd., the Jiangsu Fengtai Single Entity, Wuhan Wanbang Laser Diamond
Tools Co., Ltd., Xiamen ZL Diamond Technology Co., Ltd., and Zhejiang
Wanli Tools Group Co., Ltd., supported finding an absence of both de
jure and de facto government control, and, therefore, we preliminarily
granted a separate rate to each of these companies/company groups.\10\
We received no comments since the issuance of the Preliminary Results
regarding our determination that these six companies/company groups are
eligible for a separate rate. As in the Preliminary Results, Commerce
calculated a rate for the mandatory respondent Chengdu Huifeng that is
zero, de minimis, or based entirely on facts available. Therefore, in
accordance with section 735(c)(5)(A) of the Act and its prior practice,
Commerce assigned Chengdu Huifeng's calculated rate (i.e., 0.00
percent) as the separate rate for the non-examined separate rate
exporters for these final results.\11\
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\10\ See the ``Separate Rates'' section of the Preliminary
Decision Memorandum.
\11\ For more details on our methodology in selecting a rate for
a non-examined separate rate exporter, see the ``Separate Rates''
section of the Issues and Decision Memorandum.
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China-Wide Entity
As stated in the Preliminary Results, because no party requested a
review of the China-wide entity in this review, the entity is not under
review and the entity's rate is not subject to change (i.e., 82.05
percent).\12\ Aside from the no-
[[Page 71310]]
shipment and separate rate companies discussed above, Commerce
considers all other companies for which a review was requested and
which did not file a separate rate application to be part of the China-
wide entity.\13\
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\12\ 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).
\13\ See Initiation Notice, 85 FR at 2160 (``All firms listed
below that wish to qualify for separate rate status in the
administrative reviews involving NME countries must complete, as
appropriate, either a separate rate application or certification, as
described below. . . .''). Companies that are subject to this
administrative review that are considered to be part of the China-
wide entity are: ASHINE Diamond Tools Co., Ltd.; Danyang City Ou Di
Ma Tools Co. Ltd.; Danyang Huachang Diamond Tool Manufacturing Co.,
Ltd.; Danyang Like Tools Manufacturing Co., Ltd.; Danyang NYCL Tools
Manufacturing Co., Ltd.; Danyang Tsunda Diamond Tools Co., Ltd.;
Guilin Tebon Superhard Material Co., Ltd.; Hangzhou Deer King
Industrial and Trading Co., Ltd.; Hangzhou Kingburg Import & Export
Co., Ltd.; Hebei XMF Tools Group Co., Ltd.; Henan Huanghe Whirlwind
Co., Ltd.,; Henan Huanghe Whirlwind International Co., Ltd.; Hong
Kong Hao Xin International Group Limited, Hubei Changjiang Precision
Engineering Materials Technology Co., Ltd.; Hubei Sheng Bai Rui
Diamond Tools Co., Ltd.; Huzhou Gu's Import & Export Co., Ltd.;
Jiangsu Huachang Diamond Tools Manufacturing Co., Ltd.; Jiangsu
Inter-China Group Corporation; Jiangsu Youhe Tool Manufacturer Co.,
Ltd.; Orient Gain International Limited, Pantos Logistics (HK)
Company Limited; Pujiang Talent Diamond Tools Co., Ltd.; Qingdao
Hyosung Diamond Tools Co., Ltd.; Qingyuan Shangtai Diamond Tools
Co., Ltd.; Qingdao Shinhan Diamond Industrial Co., Ltd.; Quanzhou
Zhongzhi Diamond Tool Co., Ltd.; Rizhao Hein Saw Co., Ltd.; Saint-
Gobain Abrasives (Shanghai) Co., Ltd.; Shanghai Jingquan Industrial
Trade Co., Ltd.; Shanghai Starcraft Tools Co. Ltd.; Sino Tools Co.,
Ltd.; Wuhan Baiyi Diamond Tools Co., Ltd.; Wuhan Sadia Trading Co.,
Ltd.; Wuhan ZhaoHua Technology Co., Ltd.; Zhenjiang Inter-China
Import & Export Co., Ltd.; ZL Diamond Technology Co., Ltd.; and ZL
Diamond Tools Co., Ltd. Although Shanghai Starcraft Tools Co. Ltd.
submitted comments stating that its shipments listed in the CBP
import data placed on the record by Commerce were not subject
merchandise, we did not treat the submission as a no-shipment
statement in the Preliminary Results and, therefore, we
preliminarily considered Shanghai Starcraft Tools Co. Ltd. to be
part of the China-wide Entity. See the ``Preliminary Determination
of No Shipments'' section of the Preliminary Decision Memorandum. We
received no additional comments or information since the Preliminary
Results and, therefore, consider Shanghai Starcraft Tools Co. Ltd.
to be part of the China-wide Entity for the final results.
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Final Results of Administrative Review
As a result of this administrative review, Commerce determines that
the following weighted-average dumping margins exist for the period
November 1, 2017 through October 31, 2018:
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Weighted-
average
Exporters dumping
margin
(percent)
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Chengdu Huifeng New Material Technology Co., Ltd............ 0.00
Separate Rate Applicable to the Following Non-Selected
Companies:
Bosun Tools Co., Ltd.................................... 0.00
Jiangsu Fengtai Single 0.00
Entity..................................................
Wuhan Wanbang Laser Diamond Tools Co., Ltd.............. 0.00
Xiamen ZL Diamond Technology Co., Ltd................... 0.00
Zhejiang Wanli Tools Group Co., Ltd..................... 0.00
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Disclosure
Commerce intends to disclose the calculations performed for these
final results within five days of publication of this notice in the
Federal Register in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
and the Final Modification for Reviews,\14\ Commerce intends to
instruct CBP to liquidate without regard to antidumping duties all
appropriate entries for respondents eligible for a separate rate.\15\
For all other companies, we will instruct CBP to apply the antidumping
duty assessment rate of the China-wide entity, 82.05 percent, to all
entries of subject merchandise exported by these companies.\16\ For the
three companies that we determined had no reviewable entries of the
subject merchandise in this review period, any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
rate) will be liquidated at the China-wide rate. We intend to issue
assessment instructions to CBP 15 days after the date of publication of
the final results of these reviews in the Federal Register.
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\14\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14,
2012) (Final Modification for Reviews).
\15\ See 19 CFR 351.212(b)(1).
\16\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 2159 (February 6, 2019) (``All firms
listed below that wish to qualify for separate rate status in the
administrative reviews involving NME countries must complete, as
appropriate, either a separate rate application or certification, as
described below.'')
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of these reviews for shipments of the
subject merchandise from China entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
section 751(a)(2)(C) of the Act: (1) For the subject merchandise
exported by the companies listed above that have separate rates, the
cash deposit rate will be equal to the weighted-average dumping margin
established for Chengdu Huifeng in the final results of this
administrative review; (2) for previously investigated or reviewed
Chinese and non-Chinese exporters not listed above that received a
separate rate in a prior segment of this proceeding, the cash deposit
rate will continue to be the existing exporter-specific rate; (3) for
all Chinese exporters of subject merchandise that have not been found
to be entitled to a separate rate, the cash deposit rate will be that
for the China-wide entity; and (4) for all non-Chinese exporters of
subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the Chinese exporter that
supplied that non-Chinese exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of the antidumping duties occurred and the subsequent assessment of
doubled antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation subject
to sanction.
Notification to Interested Parties
This notice is published in accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR 351.221(b)(5). Note that Commerce has
temporarily modified certain of its requirements for serving documents
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containing business proprietary information.\17\
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\17\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
Dated: November 2, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Surrogate Country
V. Discussion of the Issues
Comment 1: Selection of Primary Surrogate Country
Comment 2: Valuation of Diamond Input
Comment 3: Selection of Financial Statements for Surrogate
Financial Ratios
Comment 4: Whether to Apply Partial AFA to Chengdu Huifeng's
Reported Labor FOPs
Comment 5: Conversions of Surrogate Values
VI. Recommendation
[FR Doc. 2020-24800 Filed 11-6-20; 8:45 am]
BILLING CODE 3510-DS-P