Notice2021-24578
Diamond Sawblades and Parts Thereof From the People's Republic of China: Notice of Amended Final Results
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
November 10, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On October 27, 2021, the U.S. Court of International Trade (CIT) issued its final judgment in Diamond Sawblades Manufacturers' Coalition v. United States, Court No. 17-00167, sustaining the Department of Commerce (Commerce)'s second remand results pertaining to the administrative review of the antidumping duty (AD) order on diamond sawblades and parts thereof from the People's Republic of China (China) covering the period from November 1, 2014, through October 31, 2015. Commerce is notifying the public that it is amending the final results of review with respect to the dumping margin assigned to Bosun Tools Co., Ltd. (Bosun) and the 22 non-selected respondents that received a separate rate.
Full Text
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<title>Federal Register, Volume 86 Issue 215 (Wednesday, November 10, 2021)</title>
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[Federal Register Volume 86, Number 215 (Wednesday, November 10, 2021)]
[Notices]
[Pages 62510-62511]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24578]
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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: Notice of Amended Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On October 27, 2021, the U.S. Court of International Trade
(CIT) issued its final judgment in Diamond Sawblades Manufacturers'
Coalition v. United States, Court No. 17-00167, sustaining the
Department of Commerce (Commerce)'s second remand results pertaining to
the administrative review of the antidumping duty (AD) order on diamond
sawblades and parts thereof from the People's Republic of China (China)
covering the period from November 1, 2014, through October 31, 2015.
Commerce is notifying the public that it is amending the final results
of review with respect to the dumping margin assigned to Bosun Tools
Co., Ltd. (Bosun) and the 22 non-selected respondents that received a
separate rate.
DATES: Applicable November 6, 2021.
FOR FURTHER INFORMATION CONTACT: 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) 482-0410.
SUPPLEMENTARY INFORMATION:
Background
On June 12, 2017, Commerce published its Final Results in the 2014-
2015 AD administrative review of diamond sawblades and parts thereof
from China. Commerce calculated a rate of 6.91 for Bosun and assigned
that rate to the non-selected respondents that received a separate
rate.\1\
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\1\ 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 (June 12, 2017) (Final Results).
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The Diamond Sawblades Manufacturers' Coalition (the petitioner)
appealed Commerce's Final Results. On October 23, 2018, the CIT
remanded the Final Results to Commerce to further clarify or reconsider
Commerce's conclusion that Bosun acted to the best of its ability in
responding to Commerce's requests for information.\2\
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\2\ See Diamond Sawblades Manufacturers' Coalition v. United
States, Court No. 17-00167, Slip Op. 18-146 (CIT October 23, 2018).
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In its first remand redetermination, issued in April 2019, Commerce
concluded that Bosun failed to cooperate to the best of its ability and
applied a rate based entirely on adverse facts available (AFA) to
Bosun; Commerce also assigned that rate to the non-selected respondents
that received a separate rate.\3\ The CIT sustained the first remand
redetermination, but later remanded for a second time for further
proceedings in conformity with the opinion of the Court of Appeals for
the Federal Circuit, which ruled that Commerce needed to determine
whether there was any basis to disregard the Bosun-supplied origin
information for certain sales to unaffiliated U.S. customers during the
period of review.\4\
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\3\ See Final Remand Redetermination, Diamond Sawblades
Manufacturers' Coalition v. United States, Court No. 17-00167, Slip
Op. 18-146, dated April 17, 2019, available at <a href="https://access.trade.gov/resources/remands/18-146.pdf">https://access.trade.gov/resources/remands/18-146.pdf</a>.
\4\ See Diamond Sawblades Manufacturers' Coalition v. United
States, Court No. 17-00167 (CIT March. 25, 2021) (referencing
Diamond Sawblades Mfrs. Coal. v. United States, 986 F.3d 1351 (CAFC
2021)).
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In its second remand redetermination, issued in July 2021, Commerce
found that AFA was appropriate to apply to only certain of Bosun's
sales to U.S. customers. Accordingly, Commerce recalculated Bosun's
margin and assigned Bosun's rate to the non-selected respondents that
received a separate rate.\5\ The CIT sustained Commerce's final
redetermination.\6\
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\5\ See Final Remand Redetermination, Diamond Sawblades
Manufacturers' Coalition v. United States, Court No. 17-00167,
Appeal No. 20-1478, dated July 13, 2021.
\6\ See Diamond Sawblades Manufacturers' Coalition v. United
States, Court No. 17-00167, Slip Op. 21-150 (CIT October 27, 2021).
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[[Page 62511]]
Amended Final Results
Because there is now a final court judgment, Commerce is amending
its Final Results with respect to Bosun and the 22 non-selected
respondents that received a separate rate as follows:
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Amended final margin
Company (percent)
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Bosun Tools Co., Ltd........................... 15.91
Chengdu Huifeng Diamond Tools Co., Ltd......... 15.91
Danyang Hantronic Import & Export Co., Ltd..... 15.91
Danyang Huachang Diamond Tools Manufacturing 15.91
Co., Ltd......................................
Danyang Like Tools Manufacturing Co., Ltd...... 15.91
Danyang NYCL Tools Manufacturing Co., Ltd...... 15.91
Danyang Weiwang Tools Manufacturing Co., Ltd... 15.91
Guilin Tebon Superhard Material Co., Ltd....... 15.91
Hangzhou Deer King Industrial and Trading Co., 15.91
Ltd...........................................
Hangzhou Kingburg Import & Export Co., Ltd..... 15.91
Huzhou Gu's Import & Export Co., Ltd........... 15.91
Jiangsu Inter-China Group Corporation.......... 15.91
Jiangsu Youhe Tool Manufacturer Co., Ltd....... 15.91
Qingyuan Shangtai Diamond Tools Co., Ltd....... 15.91
Quanzhou Zhongzhi Diamond Tool Co., Ltd........ 15.91
Rizhao Hein Saw Co., Ltd....................... 15.91
Saint-Gobain Abrasives (Shanghai) Co., Ltd..... 15.91
Shanghai Jingquan Industrial Trade Co., Ltd.... 15.91
Sino Tools Co., Ltd............................ 15.91
Weihai Xiangguang Mechanical Industrial Co., 15.91
Ltd...........................................
Wuhan Wanbang Laser Diamond Tools Co., Ltd..... 15.91
Xiamen ZL Diamond Technology Co., Ltd.......... 15.91
Zhejiang Wanli Tools Group Co., Ltd............ 15.91
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Cash Deposit Requirements
Because all the exporters listed above have a superseding cash
deposit rate, i.e., there have been final results published in a
subsequent administrative review, we will not issue revised cash
deposit instructions to U.S. Customs and Border Protection (CBP). This
notice does not affect the current cash deposit rate.
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from issuing
instructions to liquidate entries that were exported by Bosun Tools
Co., Ltd., and imported by or sold to (as indicated on the commercial
invoice or Customs documentation) Bosun Tools, Inc. or Bosun Tools
Inc., or exported by the non-selected respondents that received a
separate rate, and were entered, or withdrawn from warehouse, for
consumption during the period November 1, 2014, through October 31,
2015. These entries will remain enjoined pursuant to the terms of the
injunction during the pendency of any appeals process.
In the event the CIT's ruling is not appealed, or, if appealed, is
upheld by a final and conclusive court decision, Commerce intends to
instruct CBP to assess antidumping duties on unliquidated entries of
subject merchandise exported by Bosun Tools Co., Ltd., and imported by
or sold to (as indicated on the commercial invoice or Customs
documentation) Bosun Tools, Inc. or Bosun Tools Inc., or exported by
the non-selected respondents that received a separate rate in
accordance with 19 CFR 351.212(b). We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
when the importer-specific ad valorem assessment rate is not zero or de
minimis. Where an import-specific ad valorem assessment rate is zero or
de minimis,\7\ we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.
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\7\ See 19 CFR 351.106(c)(2).
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Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: November 4, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2021-24578 Filed 11-9-21; 8:45 am]
BILLING CODE 3510-DS-P
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