Diamond Sawblades and Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2018-2019
| Published date | 20 August 2021 |
| Citation | 86 FR 46823 |
| Record Number | 2021-17888 |
| Section | Notices |
| Court | International Trade Administration |
Federal Register, Volume 86 Issue 159 (Friday, August 20, 2021)
[Federal Register Volume 86, Number 159 (Friday, August 20, 2021)]
[Notices]
[Pages 46823-46825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17888]
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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; 2018-
2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that diamond
sawblades and parts thereof (diamond sawblades) from the People's
Republic of China (China) were sold at less than normal value by
certain exporters during the period of review (POR) November 1, 2018,
through October 31, 2019.
DATES: Applicable August 20, 2021.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Thomas Schauer, 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 or (202) 482-0410,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 19, 2021, Commerce published in the Federal Register the
preliminary results of the 2018-2019 administrative review of the
antidumping duty order on diamond sawblades and parts thereof from
China.\1\ We invited interested parties to comment on the Preliminary
Results and we received case briefs from the petitioner, the Diamond
Sawblades Manufacturers' Coalition, and Wuhan Wanbang Laser Diamond
Tools Co., Ltd. (Wuhan Wanbang),\2\ and rebuttal briefs from the
petitioner and Chengdu Huifeng New Material Technology Co., Ltd.
(Chengdu Huifeng).\3\ On June 11, 2021, Commerce extended the deadline
for the final results by 60 days to no later than September 15,
2021.\4\
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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, Preliminary Determination of No Shipments,
and Rescission of Review in Part; 2018-2019, 86 FR 14873 (March 19,
2021) (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 April 22, 2021; see also Wuhan Wanbang's Letter, ``Diamond
Sawblades and Parts Thereof from the People's Republic of China:
Submission of Wuhan Wanbang's Case Brief,'' dated April 22, 2021.
\3\ See Petitioner's Letter, ``Diamond Sawblades and Parts
Thereof from the People's Republic of China: DSMC's Rebuttal
Brief,'' dated April 29, 2021; see also Chengdu Huifeng's Letter,
``Diamond Sawblades and Parts Thereof from the People's Republic of
China: Submission of Chengdu Huifeng's Rebuttal Case Brief,'' dated
April 29, 2021.
\4\ See Memorandum, ``Diamond Sawblades and Parts Thereof from
the People's Republic of China: Extension of Time Limit for Final
Results of Antidumping Duty Administrative Review; 2018-2019,''
dated June 11, 2021.
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Scope of the Order
The products covered by the antidumping duty Order \5\ are diamond
sawblades. A full description of the scope of the Order is contained in
the Issues and Decision Memorandum.\6\
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\5\ See Diamond Sawblades and Parts Thereof from the People's
Republic of China and the Republic of Korea: Antidumping Duty
Orders, 74 FR 57145 (November 4, 2009) (Order).
\6\ 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; 2018-2019,''
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
interested 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 Bosun Tools Co., Ltd., Danyang Weiwang
Tools Manufacturing 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.\7\ No
party commented on the Preliminary Results regarding our no-shipments
determination. 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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\7\ See Preliminary Results, 86 FR at 14874.
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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 did not
make changes to the preliminary calculations of the weighted-average
dumping margins for the mandatory respondents, Chengdu Huifeng and
Wuhan Wanbang, 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
Chengdu Huifeng, the Jiangsu Fengtai Single Entity,\8\ Wuhan Wanbang,
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
[[Page 46824]]
companies/company groups.\9\ We received no comments since the issuance
of the Preliminary Results regarding our determination that these four
companies/company groups are eligible for a separate rate. As in the
Preliminary Results, Commerce calculated rates for the mandatory
respondents Chengdu Huifeng and Wuhan Wanbang that are zero, de
minimis, or based entirely on facts available. Therefore, in accordance
with section 735(c)(5)(B) of the Act and its prior practice, Commerce
assigned a simple average of Chengdu Huifeng's calculated rate (i.e.,
0.00 percent) and Wuhan Wanbang's AFA rate (i.e., 82.05 percent) as the
separate rate for the non-examined separate rate exporters for these
final results.\10\
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\8\ 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. See
Diamond Sawblades and Parts Thereof from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review;
2014-2015, 82 FR 26912, 26913, n. 5 (June 12, 2017).
\9\ See the ``Separate Rates'' section of the Preliminary
Decision Memorandum.
\10\ For more details on our methodology in selecting a rate for
a non-examined separate rate exporter, see the ``Separate Rates''
section of the Preliminary 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).\11\ Aside from the no-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.\12\
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\11\ 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).
\12\ 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.''); see also Appendix II for the list of companies
that are subject to this administrative review and considered to be
part of the China-wide entity.
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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, 2018, through October 31, 2019:
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Weighted-average
Exporters dumping margin
(percent)
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Chengdu Huifeng New Material Technology Co., Ltd.... 0.00
Wuhan Wanbang Laser Diamond Tools Co., Ltd.......... 82.05
Separate Rate Applicable to the Following Non-
Selected Companies:
Jiangsu Fengtai Single Entity................... 41.03
Zhejiang Wanli Tools Group Co., Ltd............. 41.03
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Disclosure
Commerce intends to disclose the calculations performed for these
final results within five days of any public announcement or, if there
is no public announcement, within five days of the date of publication
of this notice of final results 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),
Commerce has determined, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review. Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of these final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
Because the dumping margin for Chengdu Huifeng New Material
Technology Co., Ltd. is zero, Commerce will instruct CBP to liquidate
the appropriate entries without regard to antidumping duties.\13\ For
Wuhan Wanbang Laser Diamond Tools Co., Ltd., we will instruct CBP to
apply an antidumping duty assessment rate of 82.05 percent to all
entries of subject merchandise that entered the United States during
the POR. For all non-selected respondents that received a separate
rate, we will instruct CBP to apply an antidumping duty assessment rate
of 41.03 percent to all entries of subject merchandise that entered the
United States during the POR. 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, 82.05 percent. For all other companies, we will
instruct CBP to apply the antidumping duty assessment rate of the
China-wide entity to all entries of subject merchandise exported by
these companies.\14\
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\13\ 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).
\14\ 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.'')
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review 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 subject merchandise exported
by the companies listed above that have separate rates, the cash
deposit rate will be the rate established in these final results of
review for each exporter as listed above; (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
[[Page 46825]]
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. 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
Commerce is issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: August 16, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
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: Valuation of Diamond Input
Comment 2: Whether to Apply Total Adverse Facts Available to
Chengdu Huifeng
Comment 3: Whether to Apply Total Adverse Facts Available to
Wuhan Wanbang
VI. Recommendation
Appendix II
Companies that are subject to this administrative review and
considered to be part of the China-wide entity are:
ASHINE Diamond Tools Co., Ltd.
Danyang City Ou Di Ma Tools Co., Ltd.
Danyang Hantronic Import & Export Co., Ltd.
Danyang Huachang Diamond Tools 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.
Xiamen ZL Diamond Technology Co., Ltd.
ZL Diamond Technology Co., Ltd.
ZL Diamond Tools Co., Ltd.
[FR Doc. 2021-17888 Filed 8-19-21; 8:45 am]
BILLING CODE 3510-DS-P
