Diamond Sawblades and Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2018-2019

CourtInternational Trade Administration
Citation86 FR 46823
Publication Date20 Aug 2021
Record Number2021-17888
46823
Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Notices
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.
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).
7
See Preliminary Results, 86 FR at 14874.
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).
Dated: August 17, 2021.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2021–17853 Filed 8–19–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–06–2021]
Foreign-Trade Zone 240—Martinsburg,
West Virginia; Withdrawal of
Application for Reorganization Under
Alternative Site Framework
Notice is hereby given of the
withdrawal of the application submitted
by the West Virginia Economic
Development Authority, grantee of
Foreign-Trade Zone 240, requesting
authority to reorganize the zone under
the alternative site framework. The
application was docketed on February 4,
2021 (86 FR 8762, February 9, 2021).
The withdrawal was requested by the
applicant due to changed
circumstances. The case has been closed
without prejudice.
Dated: August 16, 2021.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2021–17856 Filed 8–19–21; 8:45 am]
BILLING CODE 3510–DS–P
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
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
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.
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
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46824
Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Notices
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.
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.
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.’’)
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
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
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:
Exporters Weighted-average
dumping margin
(percent)
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
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
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
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46825
Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Notices
1
See Certain Walk-Behind Snow Throwers and
Parts Thereof from the People’s Republic of China:
Initiation of Less-Than-Fair-Value Investigation, 86
FR 22026 (April 26, 2021).
2
The current deadline for the preliminary
determination falls on September 6, 2021.
Commerce’s practice dictates that where a deadline
falls on a weekend or federal holiday, the
appropriate deadline is the next business day. 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).
3
The petitioner in this investigation is MTD
Products Incorporated (MTD), a domestic producer
of snow throwers.
4
See Petitioner’s Letter, ‘‘Antidumping Duty
Investigation of Certain Walk-Behind Snow
Throwers and Parts Thereof from the People’s
Republic of China: Petitioner’s Request to Postpone
the Preliminary Determination,’’ dated August 6,
2021.
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
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–141]
Certain Walk-Behind Snow Throwers
and Parts Thereof From the People’s
Republic of China: Postponement of
Preliminary Determination in the Less-
Than-Fair-Value Investigation
AGENCY
: Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES
: Applicable August 20, 2021.
FOR FURTHER INFORMATION CONTACT
:
Laurel LaCivita or Brendan Quinn, AD/
CVD Operations, Office III, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4243 or (202) 482–5848,
respectively.
SUPPLEMENTARY INFORMATION
:
Background
On April 19, 2021, the Department of
Commerce (Commerce) initiated a less-
than-fair- value (LTFV) investigation of
imports of certain walk-behind snow
throwers and parts thereof (snow
throwers) from the People’s Republic of
China.
1
Currently, the preliminary
determination is due no later than
September 7, 2021.
2
Postponement of Preliminary
Determination
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 after 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 August 6, 2021, the petitioner
3
submitted a timely request that
Commerce postpone the preliminary
determination in the LTFV
investigation.
4
The petitioner states that
a postponement is necessary to provide
Commerce with adequate time to collect
and analyze questionnaire responses
from the mandatory respondent,
Zhejiang Zhouli Industrial Co., Ltd.
(Zhejiang Zhouli), to review data to
identify deficiencies, and to investigate
fully the extent to which Zhejiang
Zhouli has engaged in LTFV sales of the
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