Notice2021-26023
Diamond Sawblades and Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final 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
November 30, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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, 2019, through October 31, 2020.
Full Text
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<title>Federal Register, Volume 86 Issue 227 (Tuesday, November 30, 2021)</title>
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[Federal Register Volume 86, Number 227 (Tuesday, November 30, 2021)]
[Notices]
[Pages 67905-67907]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26023]
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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 and
Final Determination of No Shipments; 2019-2020
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, 2019,
through October 31, 2020.
DATES: Applicable November 30, 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 August 2, 2021, Commerce published in the Federal Register the
preliminary results of the 2019-2020 administrative review of the
antidumping duty order on diamond sawblades from China.\1\ We invited
interested parties to comment on the Preliminary Results and we
received a case brief on behalf of Husqvarna (Hebei) Co., Ltd.
(Husqvarna) \2\ and comments submitted by the Diamond Sawblades
Manufacturers' Coalition (DSMC).\3\ On September 1, 2021, Husqvarna
requested that Commerce conduct a hearing and subsequently, on
September 24, 2021, withdrew its request for a hearing.\4\ The
administrative review covers 53 companies, inclusive of the two
mandatory respondents, Jiangsu Fengtai Single Entity (Jiangsu Fengtai)
and Zhejiang Wanli Tools Group Co., Ltd. (Zhejiang Wanli).\5\ For a
complete description of the events that occurred since the Preliminary
Results, see the Issues and Decision Memorandum.\6\
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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 and Preliminary Determination of No Shipments;
2019-2020, 86 FR 41446 (August 2, 2021) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Husqvarna's Letter, ``Diamond Sawblades and Parts
Thereof from China: Case Brief,'' dated September 1, 2021.
\3\ See DSMC's Letter, ``Diamond Sawblades and Parts Thereof
from the People's Republic of China: Letter in Lieu of Case Brief,''
dated September 1, 2021 (DSMC Letter).
\4\ See Husqvarna's Letters, ``Diamond Sawblades and Parts
Thereof from China: Request for Hearing,'' dated September 1, 2021;
and ``Diamond Sawblades and Parts Thereof from China: Withdrawal of
Hearing Request,'' dated September 24, 2021.
\5\ 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.
\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 and Final
Determination of No Shipments; 2019-2020,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order
The products covered by this order \7\ are diamond sawblades. A
full description of the scope of the Order is contained in the Issues
and Decision Memorandum.
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\7\ 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).
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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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Final Determination of No Shipments
In the Preliminary Results, we preliminarily determined that five
companies, Bosun Tools Co., Ltd., Chengdu Huifeng New Material
Technology Co., Ltd., Danyang Weiwang Tools Manufacturing Co., Ltd.,
Weihai Xiangguang Mechanical Industrial Co., Ltd., and Wuhan Wanbang
Laser Diamond Tools 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.\8\ No party commented on the Preliminary Results regarding our no-
shipments determination with respect to these five companies.
Therefore, for the final results of review, 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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\8\ See the ``Separate Rates'' section of the Preliminary
Decision Memorandum.
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In the Preliminary Results, based on information on the record, we
preliminarily found that Husqvarna had entries of subject merchandise
during the POR. Further, because it did not file a separate rate
application or separate rate certification (SRC), we preliminarily
considered Husqvarna to be part of the China-wide entity. Based on
additional information placed on the record since the Preliminary
Results, we find that Husqvarna did not have any shipments of subject
merchandise during the POR \9\ and therefore, we will issue appropriate
instructions to CBP based on the final results of review.
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\9\ See Issues and Decision Memorandum at Comment 1.
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Changes Since the Preliminary Results
Based on a review of the record and comments received from
Husqvarna and DSMC regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, for the final
results of review, we made a change to the margin assigned to Xiamen ZL
Diamond Technology Co.,
[[Page 67906]]
Ltd. (Xiamen ZL) and determined that Husqvarna had no shipments during
the POR. For a discussion of the above-referenced changes, see the
``Changes Since the Preliminary Results'' section of the Issues and
Decision Memorandum.
Separate Rate for Non-Selected Company
In the Preliminary Results, we found that evidence provided by one
respondent, Xiamen ZL, supported finding an absence of both de jure and
de facto government control, and, therefore, we preliminarily granted a
separate rate to this company.\10\ Since the issuance of the
Preliminary Results, we received comments from DSMC regarding Xiamen
ZL's separate rate eligibility.\11\ However, for the final results of
review, we continue to find that Xiamen ZL is eligible to receive a
separate rate in this review. For further discussion, see the Issues
and Decision Memorandum.
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\10\ See Preliminary Results Preliminary Decision Memorandum at
6-7.
\11\ See DSMC Letter.
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In the Preliminary Results, because we 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 at the time was 0.00
percent.\12\ However, since the Preliminary Results, Commerce issued
the final results of the 2018-2019 administrative review of diamond
sawblades from China.\13\ Thus, for the final results of review, we
find it appropriate to assign the separate rate assigned to eligible
respondents in the 2018-2019 Final Results (currently the most recently
completed administrative review) as the dumping margin for the non-
selected separate rate respondent, i.e., 41.03 percent.
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\12\ See Preliminary Results Preliminary Decision Memorandum at
7.
\13\ See Diamond Sawblades and Parts Thereof from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; 2018-2019, 86 FR 46823 (August 20, 2021).
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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 (i.e., 82.05 percent) is not subject to
change.\14\ 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.\15\ 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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\14\ 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).
\15\ 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 also 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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Final Results of the Administrative Review
Commerce 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...................... 41.03
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Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with the final 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 final
results in the Federal Register, in accordance with 19 CFR 351.224(b).
However, because Commerce 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.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
Commerce has determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review.\16\
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).
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\16\ See 19 CFR 351.212(b)(1).
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For the non-selected respondent that received a separate rate,
Xiamen ZL, 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 six 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 entries of subject merchandise
during the POR which were exported by the companies listed in Appendix
II of this notice, 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.
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 company listed above that has a separate rate, the cash deposit
rate will be the rate established in these final results of review for
the 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.
[[Page 67907]]
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 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 antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification Regarding Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to 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 the final results of this review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: November 23, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
VI. Recommendation
Appendix II
Companies that are subject to this administrative review that
are considered to be part of the China-wide entity are:
1. ASHINE Diamond Tools Co., Ltd.
2. Danyang City Ou Di Ma Tools Co., Ltd.
3. Danyang Hantronic Import & Export Co., Ltd.
4. Danyang Huachang Diamond Tools Manufacturing Co., Ltd.
5. Danyang Like Tools Manufacturing Co., Ltd.
6. Danyang NYCL Tools Manufacturing Co., Ltd.
7. Danyang Tongyu Tools Co., Ltd.
8. Danyang Tsunda Diamond Tools Co., Ltd.
9. Diamond Tools Technology (Thailand) Co., Ltd.
10. Fujian Quanzhou Aotu Precise Machine Co., Ltd.
11. Guilin Tebon Superhard Material Co., Ltd.
12. Hangzhou Deer King Industrial and Trading Co., Ltd.
13. Hangzhou Kingburg Import & Export Co., Ltd.
14. Hebei XMF Tools Group Co., Ltd.
15. Henan Huanghe Whirlwind Co., Ltd.
16. Henan Huanghe Whirlwind International Co., Ltd.
17. Hong Kong Hao Xin International Group Limited
18. Hubei Changjiang Precision Engineering Materials Technology Co.,
Ltd.
19. Hubei Sheng Bai Rui Diamond Tools Co., Ltd.
20. Huzhou Gu's Import & Export Co., Ltd.
21. Jiangsu Fengtai Single Entity *
22. Jiangsu Huachang Diamond Tools Manufacturing Co., Ltd.
23. Jiangsu Inter-China Group Corporation
24. Jiangsu Yaofeng Tools Co., Ltd.
25. Jiangsu Youhe Tool Manufacturer Co., Ltd.
26. Orient Gain International Limited
27. Pantos Logistics (HK) Company Limited
28. Protec Tools Co., Ltd.
29. Pujiang Talent Diamond Tools Co., Ltd.
30. Qingdao Hyosung Diamond Tools Co., Ltd.
31. Qingdao Shinhan Diamond Industrial Co., Ltd.
32. Qingyuan Shangtai Diamond Tools Co., Ltd.
33. Quanzhou Sunny Superhard Tools Co., Ltd.
34. Quanzhou Zhongzhi Diamond Tool Co., Ltd.
35. Rizhao Hein Saw Co., Ltd.
36. Saint-Gobain Abrasives (Shanghai) Co., Ltd.
37. Shanghai Jingquan Industrial Trade Co., Ltd.
38. Shanghai Starcraft Tools Co., Ltd.
39. Shanghai Vinon Tools Industrial Co.
40. Sino Tools Co., Ltd.
41. Wuhan Baiyi Diamond Tools Co., Ltd.
42. Wuhan Sadia Trading Co., Ltd.
43. Wuhan ZhaoHua Technology Co., Ltd.
44. Zhejiang Wanli Tools Group Co., Ltd.*
45. ZL Diamond Technology Co., Ltd.
46. ZL Diamond Tools Co., Ltd.
* Selected as mandatory respondents, these companies were found to
be part of the China-wide entity in the instant review.
[FR Doc. 2021-26023 Filed 11-29-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 30, 2021.
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