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

 
CONTENT
74315
Federal Register / Vol. 85, No. 225 / Friday, November 20, 2020 / Notices
1
See Diamond Sawblades and Parts Thereof from
the People’s Republic of China: Final Determination
of Anti-Circumvention Inquiry, 85 FR 9737, 9738
(February 20, 2020) (Final Determination); see also
Diamond Sawblades and Parts Thereof from the
People’s Republic of China and the Republic of
Korea: Antidumping Duty Orders, 74 FR 57145
(November 4, 2009).
2
See Final Determination, 85 FR at 9739.
3
Id.
4
See Protech’s Letters, ‘‘Request for Changed
Circumstances Review,’’ dated August 19, 2020
(CCR Request) at 1–2, and ‘‘Response of Protech
Diamond Tools Inc. to the Department’s September
1, 2020, Supplemental Questionnaire’’ dated
September 15, 2020 (Protech’s First Supplemental
Response) at 1.
5
See DSMC’s Letter, ‘‘Comments in Support of
Protech’s Request for Changed Circumstances
Review,’’ dated August 26, 2020. DSMC is the
petitioner in this proceeding.
6
See Protech’s First Supplemental Response.
7
See Protech’s Letter, ‘‘Response of Protech
Diamond Tools Inc. to the Department’s September
28, 2020, Second Supplemental Questionnaire,’’
dated October 1, 2020.
L
IST OF
P
ETITIONS
R
ECEIVED BY
EDA
FOR
C
ERTIFICATION OF
E
LIGIBILITY
T
O
A
PPLY FOR
T
RADE
A
DJUSTMENT
A
SSISTANCE
[10/27/2020 through 11/12/2020]
Firm name Firm address Date accepted
for
investigation Product(s)
Hoff Enterprises, Inc ............ 151 Friedhoff Lane, Johnstown, PA 15902 ....................... 10/27/2020 The firm manufactures wooden furniture and cabinetry.
Dura-Cast, Inc ...................... 201 North Industrial Park Road, Enterprise, AL 36330 ..... 10/29/2020 The firm manufactures miscellaneous metal die castings.
Chewbarka, Inc .................... 165 Dyerville Avenue, Johnston, RI 02919 ....................... 11/9/2020 The firm manufactures metal identification tags, name
plates, ball chains, lapel pins, and military medals.
Hartman Enterprises, Inc ..... 455 Elizabeth Street, Oneida, NY 13421 .......................... 11/12/2020 The firm manufactures miscellaneous metal parts.
Nova Molecular Tech-
nologies, Inc. 1 Parker Place, Janesville, WI 53545 ............................... 11/12/2020 The firm manufactures acetonitrile and other chemical
compounds.
Any party having a substantial
interest in these proceedings may
request a public hearing on the matter.
A written request for a hearing must be
submitted to the Trade Adjustment
Assistance Division, Room 71030,
Economic Development Administration,
U.S. Department of Commerce,
Washington, DC 20230, no later than ten
(10) calendar days following publication
of this notice. These petitions are
received pursuant to section 251 of the
Trade Act of 1974, as amended.
Please follow the requirements set
forth in EDA’s regulations at 13 CFR
315.9 for procedures to request a public
hearing. The Catalog of Federal
Domestic Assistance official number
and title for the program under which
these petitions are submitted is 11.313,
Trade Adjustment Assistance for Firms.
Bryan Borlik,
Director.
[FR Doc. 2020–25632 Filed 11–19–20; 8:45 am]
BILLING CODE 3510–WH–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–900]
Diamond Sawblades and Parts Thereof
From the People’s Republic of China:
Initiation and Preliminary Results of
Antidumping Duty Changed
Circumstances Review
AGENCY
: Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY
: The Department of Commerce
(Commerce) is simultaneously initiating
and issuing the preliminary results of a
changed circumstances review (CCR) of
the antidumping duty order on diamond
sawblades and parts thereof (diamond
sawblades) from the People’s Republic
of China (China) to determine whether
Protech Diamond Tools Inc. (Protech) is
eligible to participate in a certification
process because Protech has
demonstrated that it can identify
diamond sawblades that it produced in
Canada using non-Chinese cores and
Chinese segments. We invite interested
parties to comment on these preliminary
results.
DATES
: Applicable November 20, 2020.
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 February 20, 2020, Commerce
found ‘‘that diamond sawblades made
with Chinese cores and Chinese
segments joined in Canada by Protech
and then subsequently exported from
Canada to the United States are
circumventing the antidumping duty
order on diamond sawblades from
China.’’
1
In the Final Determination,
Commerce found that diamond
sawblades ‘‘assembled or completed in
Canada using non-Chinese origin cores
and/or non-Chinese origin segments are
not subject to this anti-circumvention
inquiry,’’ but because Protech was
unable ‘‘to identify diamond sawblades
produced with non-Chinese origin cores
and/or non-Chinese origin segments,’’
Commerce decided not to ‘‘implement a
certification process for diamond
sawblades already suspended,’’ and
required ‘‘cash deposits on all entries of
diamond sawblades produced and
exported by Protech in Canada.’’
2
However, Commerce indicated that
Protech could at some future point
request reconsideration of Commerce’s
denial of the certification process in,
e.g., a CCR.
3
On August 19, 2020, Protech
submitted a request for a CCR, in which
Protech claims that it is able to identify
and segregate diamond sawblades made
with non-Chinese cores and Chinese
segments joined in Canada by Protech
and then subsequently exported from
Canada by Protech, its affiliate Gogo
International Inc. (Gogo), or a third
party, to the United States.
4
Protech
requests that Commerce find it eligible
for certification of these diamond
sawblades as non-subject merchandise.
On August 26, 2020, Diamond
Sawblades Manufacturers’ Coalition
(DSMC) submitted a letter supporting
the CCR Request.
5
In response to our
request for additional information,
Protech submitted its supplemental
responses on September 15, 2020,
6
and
October 1, 2020.
7
Scope of the Order
The products covered by the order are
all finished circular sawblades, whether
slotted or not, with a working part that
is comprised of a diamond segment or
segments, and parts thereof, regardless
of specification or size, except as
specifically excluded below. Within the
scope of the order are semi-finished
diamond sawblades, including diamond
sawblade cores and diamond sawblade
segments. Diamond sawblade cores are
circular steel plates, whether or not
attached to non-steel plates, with slots.
Diamond sawblade cores are
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8
See Diamond Sawblades and Parts Thereof from
the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review, 76 FR
76128 (December 6, 2011).
9
See Diamond Sawblades and Parts Thereof from
the People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2016–
2017, 83 FR 64331 (December 14, 2018), and
accompanying Issues and Decision Memorandum at
3.
10
See CCR Request at 2.
11
See Commerce’s First Supplemental
Questionnaire to Protech dated September 1, 2020.
12
See Protech’s First Supplemental Response at
2 and Exhibits 1, 2, and 3.
13
See Protech’s First Supplemental Response at
2 (‘‘Shortly after the Department issued its
preliminary anti-circumvention determination,
Protech held internal meetings . . . Protech
recorded the results of its meeting in an internal
memorandum, see Exhibit 1, and Protech’s
shareholders shortly thereafter issued a resolution
adopting this determination, see Exhibit 2.’’); see
also Diamond Sawblades and Parts Thereof from
the People’s Republic of China: Preliminary
Affirmative Determination of Circumvention, 84 FR
58130 (October 30, 2019) (Preliminary
Determination).
14
See CCR Request at 2–3 and Exhibits 1 and 2.
15
See Protech’s First Supplemental Response at
5 and Exhibit 5.
16
See CCR Request at Exhibits 1 and 2, and
Protech’s First Supplemental Response at Exhibit 4.
17
See CCR Request at 3 and Exhibit 3 for non-
Chinese cores and Exhibit 4 for Chinese cores; see
also Protech’s First Supplemental Response at 5–6
and Exhibits 6–9.
18
See CCR Request at 3 and Exhibit 3 for non-
Chinese cores and Exhibit 4 for Chinese cores; see
also Protech’s First Supplemental Response at 5–6
and Exhibits 6–9.
19
See CCR Request at Exhibit 3 for non-Chinese
cores and Exhibit 4 for Chinese cores; see also
Protech’s First Supplemental Response at Exhibits
6–9.
20
See CCR Request at 3 and Exhibits 5–6.
manufactured principally, but not
exclusively, from alloy steel. A diamond
sawblade segment consists of a mixture
of diamonds (whether natural or
synthetic, and regardless of the quantity
of diamonds) and metal powders
(including, but not limited to, iron,
cobalt, nickel, tungsten carbide) that are
formed together into a solid shape (from
generally, but not limited to, a heating
and pressing process).
Sawblades with diamonds directly
attached to the core with a resin or
electroplated bond, which thereby do
not contain a diamond segment, are not
included within the scope of the order.
Diamond sawblades and/or sawblade
cores with a thickness of less than 0.025
inches, or with a thickness greater than
1.1 inches, are excluded from the scope
of the order. Circular steel plates that
have a cutting edge of non-diamond
material, such as external teeth that
protrude from the outer diameter of the
plate, whether or not finished, are
excluded from the scope of the order.
Diamond sawblade cores with a
Rockwell C hardness of less than 25 are
excluded from the scope of the order.
Diamond sawblades and/or diamond
segment(s) with diamonds that
predominantly have a mesh size number
greater than 240 (such as 250 or 260) are
excluded from the scope of the order.
Merchandise subject to the order is
typically imported under heading
8202.39.00.00 of the Harmonized Tariff
Schedule of the United States (HTSUS).
When packaged together as a set for
retail sale with an item that is separately
classified under headings 8202 to 8205
of the HTSUS, diamond sawblades or
parts thereof may be imported under
heading 8206.00.00.00 of the HTSUS.
On October 11, 2011, 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).
8
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.
9
The tariff classification is provided for
convenience and customs purposes;
however, the written description of the
scope of the order is dispositive.
Initiation of Changed Circumstances
Review
Pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.216(d), Commerce will
conduct a CCR upon receipt of a request
from an interested party or receipt of
information concerning an antidumping
duty order which shows changed
circumstances sufficient to warrant a
review of the order. In accordance with
19 CFR 351.216(d), Commerce finds that
Protech provided sufficient information
to initiate a CCR. Therefore, we are
initiating a CCR pursuant to section
751(b)(1) of the Act and 19 CFR
351.216(d) to determine whether
Protech is: (1) Able to identify diamond
sawblades produced in Canada by
Protech using non-Chinese cores and
Chinese segments and exported to the
United States; and (2) eligible for the
certification process.
Preliminary Results of Changed
Circumstances Review
Commerce is conducting this CCR in
accordance with section 751(b)(1) of the
Act. We preliminarily determine that,
since the publication of the Final
Determination, Protech has
demonstrated in its CCR request that it
is able to identify and segregate
diamond sawblades produced in Canada
by Protech, using non-Chinese cores and
Chinese segments and exported to the
United States.
Protech claims that, since the
publication of the Final Determination,
it ‘‘has implemented numerous
safeguards at its production facility to
. . . ensure that Protech will use only
non-Chinese origin cores in any of its
diamond sawblades that are exported to
the United States.’’
10
Commerce
requested Protech to provide a written
document describing these
implementation plans that were
approved by the company, its
shareholders, and/or board members, if
it is available.
11
In response, Protech
provided a company meeting
memorandum, a shareholder resolution,
and a memorandum to its staff that
memorialized the company’s new cores
coding system.
12
The company meeting
and the shareholder resolution took
place around the time of the publication
of the Preliminary Determination.
13
Protech claims that it can identify
non-Chinese cores and Chinese cores
with the logos and additional
information that the suppliers of cores
engraved in the cores, e.g., the part
number associated with Protech and the
supplier’s order number.
14
Further,
Protech explains that it identifies the
country of origin of each shipment of
these cores using a certificate of origin
that identifies the manufacturer of the
merchandise and the manufacturer’s
address, a commercial invoice that
identifies the manufacturer’s country of
origin, a bill of lading, and a packing
list, as applicable.
15
To support these
assertions, Protech provided photos of
cores with logos and additional
information and documents used to
identify the country of origin.
16
Protech claims that it stores: (1) Non-
Chinese cores separately in
manufacturer-specific separate storage
zones in its production facility; and (2)
Chinese cores on shelves in an entirely
separate section of its facility.
17
Protech
explains that maintaining these separate
storage zones helps to ensure that
Protech uses only cores stored in certain
areas when it produces and exports
diamond sawblades to the United
States.
18
To support these assertions,
Protech provided photos of these storage
zones and the blueprint of the
production facility with identification of
specific storage zones.
19
Protech claims that it maintains: (1)
Production records that track the
sources of the cores that it incorporates
into diamond sawblades that it
produces and exports; and (2) a
monitoring system that tracks all aspects
of its inventory (including cores) and
classifies its suppliers, which also
provides details on each item in
inventory, including cores.
20
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21
See CCR Request at 3–4 and Exhibits 5–7; see
also Protech’s First Supplemental Response at 6 and
Exhibits 10–16.
22
See Protech’s First Supplemental Response at
6–7 and Exhibit 11.
23
See CCR Request at Exhibits 5–7 for non-
Chinese cores and Exhibit 4 for Chinese cores; see
also Protech’s First Supplemental Response at
Exhibits 10–16.
24
See Protech’s First Supplemental Response at
3–4, 6–7, and Exhibits 4, 11.
25
See Memorandum, ‘‘Diamond Sawblades and
Parts Thereof from the People’s Republic of China:
Affiliation of Protech Diamond Tools Inc. and Gogo
International Inc.’’ dated concurrently with this
notice, for details containing Protech’s business
proprietary information.
26
The circumvention determination covered
diamond sawblades produced in Canada by Protech
with Chinese cores and Chinese segments and
exported by Protech. See Final Determination, 85
FR at 9738. Other exporters are not covered by the
circumvention determination.
27
See Final Determination, 85 FR at 9739.
28
See, e.g., Diamond Sawblades and Parts
Thereof from the People’s Republic of China: Final
Results of Antidumping Duty Administrative
Review; 2016–2017, 83 FR 64331, 64332 (December
14, 2018).
29
See 19 CFR 351.309(c)(1)(ii). (‘‘Any interested
party may submit a ‘case brief’ within . . . 30 days
after the date of publication of the preliminary
results of {a changed circumstances} review, unless
the Secretary alters the time limit . . .’’) (Emphasis
added).
30
See 19 CFR 351.309(d).
31
See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
Specifically, Protech explains that,
when it receives a shipment of cores at
its warehouse, its staff will input
information related to that shipment,
e.g., core size, core specifications, core
supplier, stock-keeping unit numbers,
storage zone in Protech’s warehouse,
and quantity received, in its inventory
database.
21
Protech also explains that its
production orders, work sheets, and
material sheets issued for the
production of diamond sawblades trace
the country of origin of the cores used
in the production process.
22
To support
these assertions, Protech provided
production and inventory records and
computer screenshots of inventory data
maintained in its computer record
system showing the inventory of cores
on a supplier-specific basis.
23
Protech
also reported that, during production
and quality control and before shipment
of finished diamond sawblades, it
conducts multiple checks using
production orders, worksheets, and
material sheets to identify and confirm
the country of origin of cores in the
finished diamond sawblades.
24
Based
on the information provided by Protech,
we preliminarily find that Protech is
able to identify and effectively segregate
diamond sawblades produced in Canada
by Protech using non-Chinese cores and
Chinese segments from other diamond
sawblades produced at its facility.
Based on information provided by
Protech, we also preliminarily find that
Protech and Gogo are affiliated, in
accordance with section 771(33)(F) of
the Act and 19 CFR 351.102(b)(3).
25
Therefore, we preliminarily find that
diamond sawblades produced in Canada
by Protech using Chinese cores and
Chinese segments and exported by Gogo
to the United States are subject to the
antidumping duty order on diamond
sawblades from China.
If these preliminary results are
adopted in our final results of this CCR,
effective on the publication date of our
final results, Protech, Gogo and their
importers will be eligible, where
appropriate, to certify that the diamond
sawblades produced in Canada by
Protech and exported by either Protech
or Gogo were produced using non-
Chinese cores and Chinese segments.
Attached as Appendix I is draft
certification language. Commerce also
preliminarily determines, based on the
request in this CCR, that no other
exporters are eligible for this
certification process.
26
Suspension of Liquidation and
Certification Requirements
In accordance with 19 CFR
351.225(l)(3), if the final results of this
review remain unchanged from the
preliminary results, the suspension of
liquidation instructions will remain in
effect until further notice. 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 Chinese segments by Protech
in Canada and exported by Gogo that
were entered, or withdrawn from
warehouse, for consumption on or after
the date of initiation of the CCR.
27
Diamond sawblades produced by
Protech in Canada using non-Chinese
cores and Chinese segments and
exported from Canada by either Protech
or Gogo are not subject to the
antidumping duty order on diamond
sawblades from China. However,
imports of such merchandise are subject
to certification requirements, and cash
deposits may be required if the
certification requirements are not
satisfied. Accordingly, if an importer
imports finished diamond sawblades
produced in Canada by Protech and
exported from Canada by either Protech
or Gogo and claims that the finished
diamond sawblades were produced
from non-Chinese cores and Chinese
segments, in order not to be subject to
cash deposit requirements, the importer
and exporter are required to meet the
certification and documentation
requirements described herein and in
the certifications contained in Appendix
I. Where no certification is provided for
an entry of diamond sawblades
produced by Protech in Canada and
exported by Protech or Gogo to the
United States, and the antidumping
duty order on diamond sawblades from
China potentially applies to that entry,
Commerce intends to instruct CBP to
suspend the entry and collect cash
deposits at the China-wide rate of 82.05
percent of the entered value of the
merchandise.
28
For shipments and/or
entry summaries made on or after the
date of publication of the initiation of
the CCR through 30 days after the date
of publication of the final results of CCR
for which certifications are required,
importers and exporters should
complete the required certification
within 30 days after the publication of
the final results of this CCR in the
Federal Register. Accordingly, where
appropriate, the relevant bullet in the
certification should be edited to reflect
that the certification was completed
within the time frame specified above.
For such entries/shipments, importers
and exporters each have the option to
complete a blanket certification
covering multiple entries/shipments,
individual certifications for each entry/
shipment, or a combination thereof. For
shipments and/or entries made on or
after 31 days after the date of
publication of the final results of this
CCR in the Federal Register, for which
certifications are required, importers
should complete the required
certification at or prior to the date of
entry summary, and exporters should
complete the required certification and
provide it to the importer at or prior to
the date of shipment.
Public Comment
Interested parties may submit case
briefs no later than 14 days after the
publication of this notice.
29
Rebuttal
briefs, which must be limited to issues
raised in case briefs, may be filed not
later than seven days after the deadline
for filing case briefs.
30
Commerce has
modified certain of its requirements for
serving documents containing business
proprietary information until further
notice.
31
Parties who submit case briefs
or rebuttal briefs in this changed
circumstance review are requested to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities. Interested parties
that wish to request a hearing must
submit a written request to the Assistant
Secretary for Enforcement and
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32
See 19 CFR 351.310(c) (‘‘Any interested party
may request that the Secretary hold a public hearing
on arguments to be raised in case or rebuttal briefs
within 30 days after the date of publication of the
. . . preliminary results of review, unless the
Secretary alters this time limit . . .’’) (Emphasis
added); see also 19 CFR 351.303 for general filing
requirements.
Compliance, filed electronically via
ACCESS, within 14 days of publication
of this notice.
32
The hearing request
should contain: (1) The party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
the issues to be discussed. Oral
presentations at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made,
Commerce intends to hold the hearing
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.
All submissions, with limited
exceptions, must be filed electronically
using Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at http://
access.trade.gov. An electronically filed
document must be received successfully
in its entirety by no later than 5:00 p.m.
Eastern Time on the date the document
is due.
Notifications to Interested Parties
Consistent with 19 CFR 351.216(e),
we intend to issue the final results of
this CCR no later than 270 days after the
date on which this review was initiated,
or within 45 days after the publication
of the preliminary results if all parties
in this review agree to our preliminary
results. The final results will include
Commerce’s analysis of issues raised in
any written comments.
We are issuing and publishing this
initiation and preliminary results notice
in accordance with sections 751(b)(1)
and 777(i) of the Act, 19 CFR 351.216,
and 19 CFR 351.221(c)(3)(i).
Dated: November 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Exporter Certification
Special Instructions: The party that made
the sale to the United States should fill out
the exporter certification. Only Protech
Diamond Tools Inc., and Gogo International
Inc., are eligible for this certification process.
I hereby certify that:
(A) My name is {COMPANY OFFICIAL’S
NAME} and I am an official of {NAME OF
EXPORTING COMPANY}, located at
{ADDRESS};
(B) I have direct personal knowledge of the
facts regarding the production and
exportation of the finished diamond
sawblades identified below. ‘‘Direct personal
knowledge’’ refers to facts the certifying party
is expected to have in its own books and
records. For example, an exporter should
have direct personal knowledge of the
producer’s identity and location.
(C) Finished diamond sawblades produced
in Canada and covered by this certification
were not manufactured using cores produced
in China.
(D) This certification applies to the
following sales to {NAME OF U.S.
CUSTOMER}, located at {ADDRESS OF U.S.
CUSTOMER}. (repeat this block as many
times as necessary):
Foreign Seller’s Invoice # to U.S. Customer:
Foreign Seller’s Invoice to U.S. Customer
Line item #:
Producer Name: Protech Diamond Tools Inc.
Producer’s Address: Unit 105, 1626–115
Avenue NE, Calgary, Alberta, Canada T3K
2E4
Producer’s Invoice # to Foreign Seller: (If the
foreign seller and the producer are the
same party, put NA here.)
(E) The finished diamond sawblades
covered by this certification were shipped to
{NAME OF U.S. PARTY TO WHOM
MERCHANDISE WAS SHIPPED}, located at
U.S. {ADDRESS TO WHICH MERCHANDISE
WAS SHIPPED}.
(F) I understand that {NAME OF
EXPORTING COMPANY} is required to
maintain a copy of this certification and
sufficient documentation supporting this
certification (i.e., documents maintained in
the normal course of business, or documents
obtained by the certifying party, for example,
mill certificates, production records,
invoices, etc.) for the later of (1) a period of
five years from the date of entry or (2) a
period of three years after the conclusion of
any litigation in the United States courts
regarding such entries.
(G) I understand that {NAME OF
EXPORTING COMPANY} must provide a
copy of this Exporter Certification to the U.S.
importer by the date of shipment.
(H) I understand that {NAME OF
EXPORTING COMPANY} is required to
provide a copy of this certification and
supporting records, upon request, to U.S.
Customs and Border Protection (CBP) and/or
the Department of Commerce (Commerce).
(I) I understand that the claims made
herein, and the substantiating documentation
are subject to verification by CBP and/or
Commerce.
(J) I understand that failure to maintain the
required certification and/or failure to
substantiate the claims made herein, and/or
failure to allow CBP and/or Commerce to
verify the claims made herein, may result in
a de facto determination that all sales to
which this certification applies are within
the scope of the antidumping duty order on
diamond sawblades and parts thereof from
the People’s Republic of China. I understand
that such finding will result in:
(i) suspension of all unliquidated entries
(and entries for which liquidation has not
become final) for which these requirements
were not met; and
(ii) the requirement that the importer post
applicable antidumping duty cash deposits
(as appropriate) equal to the rates as
determined by Commerce; and
(iii) the revocation of {NAME OF
EXPORTING COMPANY}’s privilege to
certify future exports of finished diamond
sawblades from Canada as not manufactured
using cores from China.
(K) This certification was completed at or
prior to the date of shipment;
(L) I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make material false
statements to the U.S. government.
Signature
NAME OF COMPANY OFFICIAL
TITLE
DATE
Importer Certification
I hereby certify that:
(A) My name is {IMPORTING COMPANY
OFFICIAL’S NAME} and I am an official of
{NAME OF IMPORTING COMPANY},
located at {ADRESS OF IMPORTING
COMPANY}.
(B) I have direct personal knowledge of the
facts regarding the importation into the
Customs territory of the United States of
finished diamond sawblades produced in
Canada that entered under entry summary
number(s) identified below and are covered
by this certification. ‘‘Direct personal
knowledge’’ refers to facts the certifying party
is expected to have in its own records. For
example, the importer should have direct
personal knowledge of the importation of the
product (e.g., the name of the exporter) in its
records.
(C) If the importer is acting on behalf of the
first U.S. customer, complete this paragraph,
if not put ‘‘NA’’ at the end of this paragraph:
finished diamond sawblades covered by this
certification were imported by {NAME OF
IMPORTING COMPANY} on behalf of
{NAME OF U.S. CUSTOMER}, located at
{ADDRESS OF U.S. CUSTOMER}.
(D) Finished diamond sawblades covered
by this certification were shipped to {NAME
OF PARTY TO WHOM MERCHANDISE
WAS FIRST SHIPPED IN THE UNITED
STATES}, located at {ADDRESS OF
SHIPMENT}.
(E) I have personal knowledge of the facts
regarding the production of the finished
diamond sawblades identified below.
‘‘Personal knowledge’’ includes facts
obtained from another party, (e.g.,
correspondence received by the importer (or
exporter) from the producer regarding the
country of manufacture of the imported
products).
(F) Finished diamond sawblades covered
by this certification were not manufactured
using cores produced in China.
(G) This certification applies to the
following entries (repeat this block as many
times as necessary):
Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller’s address:
Foreign Seller’s Invoice #:
Foreign Seller’s Invoice Line Item #:
Producer: Protech Diamond Tools Inc.
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74319
Federal Register / Vol. 85, No. 225 / Friday, November 20, 2020 / Notices
1
See Silicon Metal from Bosnia and Herzegovina,
Iceland, and Malaysia: Initiation of Less-Than-Fair-
Value Investigations, 85 FR 45177 (July 27, 2020).
2
See Petitioners’ Letter, ‘‘Silicon Metal from the
Republic of Malaysia: Petitioners’ Request to
Postpone Preliminary Antidumping Duty
Determination,’’ dated October 29, 2020.
3
Id.
Producer’s Address: Unit 105, 1626 –115
Avenue NE, Calgary, Alberta, Canada T3K
2E4
(H) I understand that {NAME OF
IMPORTING COMPANY} is required to
maintain a copy of this certification and
sufficient documentation supporting this
certification (i.e., documents maintained in
the normal course of business, or documents
obtained by the certifying party, for example,
mill certificates, production records,
invoices, etc.) for the later of (1) a period of
five years from the date of entry or (2) a
period of three years after the conclusion of
any litigation in the United States courts
regarding such entries.
(I) I understand that {NAME OF
IMPORTING COMPANY} is required to
provide this certification and supporting
records to U.S. Customs and Border
Protection (CBP) and/or the Department of
Commerce (Commerce), upon request by the
respective agency.
(J) I understand that {NAME OF
IMPORTING COMPANY} is required to
maintain a copy of the exporter’s certification
(attesting to the production and/or export of
the imported merchandise identified above),
and any supporting records provided by the
exporter to the importer, for the later of (1)
a period of five years from the date of entry
or (2) a period of three years after the
conclusion of any litigation in United States
courts regarding such entries.
(K) I understand that {NAME OF
IMPORTING COMPANY} is required, upon
request, to provide a copy of the exporter’s
certification and any supporting records
provided by the exporter to the importer, to
CBP and/or Commerce.
(L) I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or Commerce.
(M) I understand that failure to maintain
the required certifications, and/or failure to
substantiate the claims made herein, and/or
failure to allow CBP and/or Commerce to
verify the claims made herein, may result in
a de facto determination that all entries to
which this certification applies are within
the scope of the antidumping duty order on
diamond sawblades and parts thereof from
the People’s Republic of China. I understand
that such finding will result in:
(i) suspension of liquidation of all
unliquidated entries (and entries for which
liquidation has not become final) for which
these requirements were not met;
(ii) the requirement that the importer post
applicable antidumping duty cash deposits
(as appropriate) equal to the rates determined
by Commerce; and
(iii) the revocation of {NAME OF
IMPORTING COMPANY}’s privilege to
certify future imports of diamond sawblades
from Canada as not manufactured using cores
from China.
(N) I understand that agents of the
importer, such as brokers, are not permitted
to make this certification. Where a broker or
other party was used to facilitate the entry
process, {NAME OF IMPORTING
COMPANY} obtained the entry summary
number and date of entry summary from that
party.
(O) This certification was completed at or
prior to the date of entry summary.
(P) I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make material false
statements to the U.S. government.
Signature
NAME OF COMPANY OFFICIAL
TITLE
DATE
[FR Doc. 2020–25682 Filed 11–19–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–820]
Silicon Metal From Malaysia:
Postponement of Preliminary
Determination in the Less-Than-Fair-
Value Investigation
AGENCY
: Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES
: Applicable November 20, 2020.
FOR FURTHER INFORMATION CONTACT
:
Genevieve Coen at (202) 482–3251, AD/
CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION
:
Background
On July 20, 2020, the Department of
Commerce (Commerce) initiated a less-
than-fair-value (LTFV) investigation of
silicon metal from Malaysia.
1
Currently,
the preliminary determination is due no
later than December 7, 2020.
Postponement of Preliminary
Determinations
Section 733(b)(1)(A) of the Tariff Act
of 1930, as amended (the Act), requires
Commerce to issue the preliminary
determination in an LTFV investigation
within 140 days of the date on which
Commerce initiated the investigation.
However, section 733(c)(1) of the Act
permits Commerce to postpone the
preliminary determination until no later
than 190 days after the date on which
Commerce initiated the investigation if:
(A) The petitioner makes a timely
request for a postponement; or (B)
Commerce concludes that the parties
concerned are cooperating, that the
investigation is extraordinarily
complicated, and that additional time is
necessary to make a preliminary
determination. Under 19 CFR
351.205(e), the petitioner must submit a
request for postponement 25 days or
more before the scheduled date of the
preliminary determination and must
state the reasons for the request.
Commerce will grant the request unless
it finds compelling reasons to deny the
request.
On October 29, 2020, Globe Specialty
Metals, Inc. and Mississippi Silicon LLC
(the petitioners) submitted a timely
request that Commerce postpone the
preliminary determination in this LTFV
investigation.
2
The petitioners stated
that the postponement request is due to
the need for additional time to issue
supplemental questionnaires, and to
provide time to review and comment
upon those responses prior to the
preliminary determination. Under the
current timeline, the petitioner believes
that Commerce will not have complete
responses or sufficient information to
issue the preliminary determination.
3
For the reasons stated above, and
because there are no compelling reasons
to deny the request, Commerce, in
accordance with section 733(c)(1)(A) of
the Act and 19 CFR 351.205(e), is
postponing the deadline for the
preliminary determination by 50 days
(i.e., 190 days after the date on which
this investigation was initiated). As a
result, Commerce will issue its
preliminary determination no later than
January 26, 2020. In accordance with
section 735(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determination in this investigation will
continue to be 75 days after the date of
the preliminary determination, unless
postponed at a later date.
Notification to Interested Parties
This notice is issued and published
pursuant to section 733(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: November 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–25635 Filed 11–19–20; 8:45 am]
BILLING CODE 3510–DS–P
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