Notice2021-16418
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; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 2, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily finds that certain producers and/or exporters made sales of diamond sawblades and parts thereof (diamond sawblades) at less than normal value during the period of review (POR) November 1, 2019, through October 31, 2020. Interested parties are invited to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 86 Issue 145 (Monday, August 2, 2021)</title>
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[Federal Register Volume 86, Number 145 (Monday, August 2, 2021)]
[Notices]
[Pages 41446-41448]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16418]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-900]
Diamond Sawblades and Parts Thereof From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review
and Preliminary Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
certain producers and/or exporters made sales of diamond sawblades and
parts thereof (diamond sawblades) at less than normal value during the
period of review (POR) November 1, 2019, through October 31, 2020.
Interested parties are invited to comment on these preliminary results
of review.
DATES: Applicable August 2, 2021.
FOR FURTHER INFORMATION CONTACT: Allison Hollander, 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) 482-2805.
SUPPLEMENTARY INFORMATION:
Background
On November 4, 2009, we published in the Federal Register an
antidumping duty order on diamond sawblades from the Peoples' Republic
of China (China).\1\ On November 3, 2020, we published in the Federal
Register a notice of opportunity to request an administrative review of
the Order.\2\ On January 6, 2021, based on timely requests for an
administrative review, Commerce initiated the administrative review of
the antidumping duty order on diamond sawblades.\3\ The administrative
review covers 53 companies, which is inclusive of the two mandatory
respondents, Jiangsu Fengtai Single Entity (Jiangsu Fengtai) and
Zhejiang Wanli Tool Group Co., Ltd. (Zhejiang Wanli).\4\
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\1\ 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).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 85 FR 69586 (November 3, 2020).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 511 (January 6, 2021).
\4\ See Memorandum, ``Antidumping Duty Administrative Review of
Diamond Sawblades and Parts Thereof from the People's Republic of
China Administrative Review 2019-2020: Respondent Selection,'' dated
March 2, 2021.
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Scope of the Order
The products covered by this Order are diamond sawblades. A full
description of the scope of the Order is contained in the Preliminary
Decision Memorandum.\5\
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\5\ See Memorandum, ``Diamond Sawblades and Parts Thereof from
the People's Republic of China: Decision Memorandum for the
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2019-2020,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Preliminary Determination of No Shipments
Six companies that received a separate rate in previous segments of
the proceeding and are subject to this review reported that they did
not have any exports of subject merchandise during the POR.\6\ To date,
we have found no evidence calling into question the no-shipment claims
made by four of these companies; \7\ therefore, we preliminarily find
that these four companies had no shipments of subject merchandise to
the United States during the POR. For two of the six companies, because
CBP data indicated entries during the POR, we requested entry
documentation from CBP.\8\ Based on information on the record, we
preliminarily find that Husqvarna (Hebei) Co., Ltd. (Husqvarna) had
entries of subject merchandise during the POR. Therefore, because it
did not file a separate rate application or separate rate certification
(SRC), we are preliminarily considering Husqvarna to be part of the
China-wide entity. We additionally find, based on information on the
record, that Weihai Xiangguang Mechanical Industrial Co., Ltd. (Weihai
Xiangguang) did not have entries of subject merchandise during the POR.
Therefore, we preliminarily find that Weihai Xiangguang had no
shipments of subject merchandise to the United States during the POR.
For additional information regarding these preliminary determinations,
see the Preliminary Decision Memorandum.
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\6\ See Bosun Tools Co., Ltd.'s Letter, ``Diamond Sawblades from
the People's Republic of China--No Sales Certification,'' dated
February 5, 2021; Chengdu Huifeng New Material Technology Co.,
Ltd.'s Letter, ``Diamond Sawblades and Parts Thereof from the
People's Republic of China: Submission of Statement of No
Shipments,'' dated February 4, 2021; Danyang Weiwang Tools
Manufacturing Co., Ltd.'s Letter, ``Diamond Sawblades and Parts
Thereof from the People's Republic of China: Submission of Statement
of No Shipments,'' dated January 20, 2021; Husqvarna (Hebei) Co.,
Ltd.'s and Husqvarna Construction Products North America's Letter,
``Diamond Sawblades from the People's Republic of China:
Notification of No Shipments,'' dated January 12, 2021; Weihai
Xiangguang Mechanical Industrial Co., Ltd.'s Letter, ``No Shipment
Letter for Weihai Xiangguang Mechanical Industrial Co., Ltd.:
Diamond Sawblades and Parts Thereof from the People's Republic of
China,'' dated February 12, 2021; and, Wuhan Wanbang Laser Diamond
Tools Co., Ltd.'s Letter, ``Diamond Sawblades and Parts Thereof from
the People's Republic of China: Submission of Statement of No
Shipments,'' dated January 18, 2021.
\7\ See Memorandum, ``No shipment inquiry with respect to the
companies below during the period 11/01/2019 through 10/31/2020,''
dated March 25, 2021; see also Memorandum, ``Diamond Sawblades and
Parts Thereof from the People's Republic of China; No Shipment
Inquiry for Wuhan Wanbang Laser Diamond Tools Co., Ltd. during the
period 11/01/2019 through 10/31/2020,'' dated May 25, 2021.
\8\ See Memorandum, ``Notification of Receipt of U.S. Entry
Documents,'' dated April 1, 2021 at Attachment 1; see also
Commerce's Letter placing entry documentation on the record, dated
June 25, 2021.
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Separate Rates
Commerce preliminarily determines that one respondent is eligible
to receive a separate rate in this review.\9\
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\9\ See Preliminary Decision Memorandum at 6-7.
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Separate Rates for Eligible Non-Selected Respondents
Consistent with our practice, because we preliminarily denied the
separate rate eligibility for the two respondents selected for
individual examination, Jiangsu Fengtai and Zhejiang Wanli, and treated
them as part of the China-wide entity, we preliminarily applied to the
non-selected respondent the separate rate assigned to eligible
respondents in the last completed administrative review, which is 0.00
percent.\10\
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\10\ See Preliminary Decision Memorandum at 7.
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China-Wide Entity
Under Commerce's policy regarding the conditional review of the
China-wide entity,\11\ the China-wide entity will not be under review
unless a party specifically requests, or Commerce self-initiates, a
review of the entity. Because
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no party requested a review of the China-wide entity in this review,
the entity is not under review, and the entity's rate (i.e., 82.05
percent) is not subject to change.\12\ Aside from the no-shipment and
separate rate companies discussed above, Commerce considers all other
companies for which a review was requested (which did not file a
separate rate application) listed in Appendix II to this notice, to be
part of the China-wide entity.\13\ Additionally, as discussed above,
because we denied separate rate eligibility for Jiangsu Fengtai and
Zhejiang Wanli, these two companies are also part of the China-wide
entity.
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\11\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\12\ See, e.g., Diamond Sawblades and Parts Thereof from the
People's Republic of China; Final Results of Antidumping Duty
Administrative Review; 2012-2013, 80 FR 32344, 32345 (June 8, 2015).
\13\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 1329, 1331-32 (January 11, 2018)
(``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 Appendix II for the list
of companies that are subject to this administrative review that are
considered to be part of the China-wide entity.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is made available to the
public via Enforcement and Compliance's Antidumping and Countervailing
Duty Centralized Electronic Service System (ACCESS). ACCESS is
available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>, and to all
parties in the Central Records Unit, Room B8024 of the main Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be found at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>. A list of
the topics discussed in the Preliminary Decision Memorandum is attached
as an appendix to this notice.
Preliminary Results of the Administrative Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the administrative review covering
the period November 1, 2019, through October 31, 2020:
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Weighted-
average
Exporters: Separate rate applicable to the following non- dumping
selected companies margin
(percent)
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Xiamen ZL Diamond Technology Co., Ltd...................... 0.00
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Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with the preliminary results of a review within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of the notice
of preliminary results in the Federal Register, in accordance with 19
CFR 351.224(b). However, because Commerce preliminarily denied the
separate rate eligibility for the two respondents selected for
individual examination and treated them as part of the China-wide
entity, there are no calculations to disclose.
Public Comment
Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit
case briefs no later than 30 days after the date of publication of this
notice.\14\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than seven days after the date for filing
case briefs.\15\ Commerce has modified certain of its requirements for
serving documents containing business proprietary information until
further notice.\16\ Parties who submit case briefs or rebuttal briefs
in this proceeding are encouraged to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\17\
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\14\ See 19 CFR 351.309(c).
\15\ See 19 CFR 351.309(d).
\16\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
\17\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically using
ACCESS. Requests should contain: (1) The party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. If a request for a hearing
is made, Commerce intends to hold the hearing at a time and date to be
determined. An electronically filed document must be received
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time within
30 days after the date of publication of this notice.\18\
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\18\ See 19 CFR 351.310(c).
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Unless the deadline is extended, Commerce intends to issue the
final results of these reviews, including the results of its analysis
of the issues raised in any written briefs, no later than 120 days
after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Assessment Rates
Upon issuing the final results, Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries covered by this review.\19\ If the preliminary
results are unchanged for the final results, we will instruct CBP to
apply an ad valorem assessment rate of 82.05 percent to all entries of
subject merchandise during the POR which were exported by the companies
listed in Appendix II of this notice and an ad valorem assessment rate
of 0.00 percent to all entries of subject merchandise during the POR
which were exported by the non-selected respondent eligible for a
separate rate, listed above, Xiamen ZL. If Commerce determines that an
exporter under review had no shipments of the subject merchandise, 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.\20\
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\19\ See 19 CFR 351.212(b)(1).
\20\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the 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).
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 the subject merchandise
exported by the company listed above that has a separate rate, the
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cash deposit rate will be equal to the weighted-average dumping margin
established in the final results of this administrative review (except,
if the rate is zero or de minimis, then zero cash deposit will be
required); (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 preliminary 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 these PORs. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing the preliminary results of this
review in accordance with sections 751(a)(1)(B), 751(a)(3) and 777(i)
of the Act, and 19 CFR 351.213 and 351.221(b)(4).
Dated: July 26, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Discussion of the Methodology
VI. Recommendation
Appendix II
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 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 Tongyu Tools Co., Ltd.
Danyang Tsunda Diamond Tools Co., Ltd.
Diamond Tools Technology (Thailand) Co., Ltd.
Fujian Quanzhou Aotu Precise Machine 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.
Husqvarna (Hebei) Co., Ltd.
Huzhou Gu's Import & Export Co., Ltd.
Jiangsu Fengtai Single Entity \*\
Jiangsu Huachang Diamond Tools Manufacturing Co., Ltd.
Jiangsu Inter-China Group Corporation
Jiangsu Yaofeng Tools Co., Ltd.
Jiangsu Youhe Tool Manufacturer Co., Ltd.
Orient Gain International Limited
Pantos Logistics (HK) Company Limited
Protec Tools Co., Ltd.
Pujiang Talent Diamond Tools Co., Ltd.
Qingdao Hyosung Diamond Tools Co., Ltd.
Qingdao Shinhan Diamond Industrial Co., Ltd.
Qingyuan Shangtai Diamond Tools Co., Ltd.
Quanzhou Sunny Superhard Tools 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.
Shanghai Vinon Tools Industrial Co.
Sino Tools Co., Ltd.
Wuhan Baiyi Diamond Tools Co., Ltd.
Wuhan Sadia Trading Co., Ltd.
Wuhan ZhaoHua Technology Co., Ltd.
Zhejiang Wanli Tool Group Co., Ltd. \*\
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\*\ Selected as mandatory respondents, these companies were
found to be part of the China-wide entity in the instant review.
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ZL Diamond Technology Co., Ltd.
ZL Diamond Tools Co., Ltd.
[FR Doc. 2021-16418 Filed 7-30-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 2, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.