Diamond Sawblades and Parts Thereof From the People's Republic of China: Notice of Covered Merchandise Referral and Initiation of Covered Merchandise Inquiry
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Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) received a covered merchandise referral from U.S. Customs and Border Protection (CBP) in connection with a CBP investigation concerning alleged evasion of the antidumping duty (AD) order on diamond sawblades and parts thereof (diamond sawblades) from the People's Republic of China (China). Commerce is initiating a covered merchandise inquiry to determine whether the merchandise described in the referral is subject to the AD order on diamond sawblades from China. Interested parties are invited to comment and submit factual information addressing this initiation.
Full Text
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<title>Federal Register, Volume 91 Issue 200 (Monday, October 19, 2026)</title>
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[Federal Register Volume 91, Number 200 (Monday, October 19, 2026)]
[Notices]
[Pages 66099-66102]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21281]
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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 Covered Merchandise Referral and Initiation of Covered
Merchandise Inquiry
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) received a covered
merchandise referral from U.S. Customs and Border Protection (CBP) in
connection with a CBP investigation concerning alleged evasion of the
[[Page 66100]]
antidumping duty (AD) order on diamond sawblades and parts thereof
(diamond sawblades) from the People's Republic of China (China).
Commerce is initiating a covered merchandise inquiry to determine
whether the merchandise described in the referral is subject to the AD
order on diamond sawblades from China. Interested parties are invited
to comment and submit factual information addressing this initiation.
DATES: Applicable October 19, 2026.
FOR FURTHER INFORMATION CONTACT: Erin Howard at (202) 482-3453, AD/CVD
Operations Office I, Enforcement & Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
Section 517(b)(4)(A)(i) of the Tariff Act of 1930, as amended (the
Act), provides a procedure whereby if, during the course of an Enforce
and Protect Act (EAPA) investigation, CBP is unable to determine
whether the merchandise at issue is covered merchandise within the
meaning of section 517(a)(3) of the Act, it shall refer the matter to
Commerce to make such a determination. Section 517(a)(3) of the Act
defines covered merchandise as merchandise that is subject to an
antidumping duty order issued under section 736 of the Act or a
countervailing duty order issued under section 706 of the Act. Section
517(b)(4)(B) of the Act states that Commerce, after receiving a covered
merchandise referral from CBP, shall determine whether the merchandise
is covered merchandise and promptly transmit its determination to CBP.
Commerce's regulations at 19 CFR 351.227 establish procedures for
covered merchandise referrals that Commerce receives from CBP in
connection with an EAPA investigation.\1\
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\1\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300, 52354-62
(September 20, 2021) (final rule promulgating the regulation
establishing procedures for covered merchandise referrals); see also
Regulations Improving and Strengthening the Enforcement of Trade
Remedies Through the Administration of the Antidumping and
Countervailing Duty Laws, 89 FR 20766 (March 25, 2024).
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On September 22, 2026, Commerce received a sufficient covered
merchandise referral from CBP regarding CBP EAPA Investigation No. 8225
\2\ which concerns the AD order on diamond sawblades from China.\3\
Specifically, CBP explained that an allegation was filed by the Diamond
Sawblades Manufacturers' Coalition alleging Dymatec USA, LLC is
entering covered merchandise into the United States by transshipping
Chinese-origin subject merchandise through its parent company, Dymatec,
Ltd. (DUK), while claiming the country-of-origin as the United Kingdom.
CBP informed Commerce that CBP is unable to determine whether certain
merchandise is covered merchandise subject to the AD order on diamond
sawblades from China. Thus, CBP has requested that Commerce issue a
determination as to whether diamond sawblades assembled from diamond
sawblade cores and segments are subject to the AD order on diamond
sawblades from China in the following three scenarios:
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\2\ See CBP's Letter, ``Covered Merchandise Referral Request for
EAPA Investigation 8225'' dated September 22, 2026. The covered
merchandise referral and any supporting documents will be made
available on Enforcement and Compliance's Antidumping Duty and
Countervailing Duty Centralized Electronic Service System (ACCESS).
\3\ 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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<bullet> Scenario 1: Core and segments both sourced from China;
joined in the United Kingdom.
<bullet> Scenario 2: Core sourced from China and segments not
sourced from China; joined in the United Kingdom.
<bullet> Scenario 3: Segments sourced from China and core not
sourced from China; joined in the United Kingdom.
Initiation of Covered Merchandise Inquiry
In accordance with 19 CFR 351.227(b)(1), Commerce is hereby
notifying interested parties that it is initiating a covered
merchandise inquiry, to determine whether the merchandise subject to
the referral is covered merchandise within the meaning of section
517(a)(3) of the Act. Additionally, Commerce intends to provide
interested parties with the opportunity to participate in this segment
of the proceeding, including through the submission of comments and
factual information, and, if appropriate, verification.
In accordance with 19 CFR 351.227(d)(1), within 30 days of the date
of publication of this notice, interested parties are permitted one
opportunity to submit comment and factual information addressing the
initiation. Within 14 days of the filing of such comments, any
interested party is permitted one opportunity to submit comment and
factual information to rebut, clarify, or correct factual information
submitted by the other interested parties.
In accordance with 19 CFR 351.227(d)(2), following initiation of a
covered merchandise inquiry, Commerce may also issue questionnaires and
verify submissions received, where appropriate. Commerce may limit
issuance of questionnaires to a reasonable number of respondents.
Questionnaire responses are due on the date specified by Commerce.
Within 14 days after a questionnaire response has been filed with
Commerce, an interested party other than the original submitter is
permitted one opportunity to submit comment and factual information to
rebut, clarify, or correct factual information contained in the
questionnaire response. Within seven days of the filing of such
rebuttal, clarification, or correction, the original submitter is
permitted one opportunity to submit comment and factual information to
rebut, clarify, or correct factual information submitted in the
interested party's rebuttal, clarification, or correction.
In certain circumstances, Commerce may issue a preliminary
determination as to whether there is a reasonable basis to believe or
suspect that the product that is subject to the covered merchandise
inquiry is covered by the scope of the order. Pursuant to 19 CFR
351.227(c), Commerce intends to issue a final determination within 120
days of the publication of this notice (this deadline may be extended
if Commerce determines that good cause exists to warrant an extension).
Promptly after publication of Commerce's final determination, Commerce
will convey a copy of the final determination in the manner prescribed
by section 516A(a)(2)(A)(ii) of the Act to all parties to the
proceeding and Commerce will transmit its final determination to CBP in
accordance with section 517(b)(4)(B) of the Act.\4\
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\4\ See also 19 CFR 351.227(e)(2).
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Pursuant to 19 CFR 351.227(d)(5), during the pendency of this
proceeding, Commerce may rescind, in whole or in part, a covered
merchandise inquiry. Situations in which Commerce may rescind a covered
merchandise inquiry include if CBP withdraws its covered merchandise
referral or if Commerce determines that it can address CBP's covered
merchandise referral in another segment of the proceeding. In
accordance with 19 CFR 351.227(c)(3), Commerce may align the deadlines
of this covered merchandise inquiry with the deadlines of another
segment of the proceeding if it determines it is appropriate to do so.
[[Page 66101]]
Parties are hereby notified that this may be the only notice that
Commerce publishes in the Federal Register concerning this covered
merchandise referral. Except as indicated below, interested parties
that wish to participate in this segment of the proceeding and receive
notice of the final determination, must submit their letters of
appearance as discussed below. Further, any representative of an
interested party desiring access to business proprietary information in
this segment of the proceeding must file an application for access to
business proprietary information under administrative protective order
(APO), as discussed below.
Scope of the AD Order
The products covered by the Order are all finished circular
sawblades, whether slotted or not, with a working part that is
comprised of a diamond segment or segments, and parts thereof,
regardless of specification or size, except as specifically excluded
below. Within the scope of the Order are semifinished diamond
sawblades, including diamond sawblade cores and diamond sawblade
segments. Diamond sawblade cores are circular steel plates, whether or
not attached to non-steel plates, with slots. Diamond sawblade cores
are manufactured principally, but not exclusively, from alloy steel. A
diamond sawblade segment consists of a mixture of diamonds (whether
natural or synthetic, and regardless of the quantity of diamonds) and
metal powders (including, but not limited to, iron, cobalt, nickel,
tungsten carbide) that are formed together into a solid shape (from
generally, but not limited to, a heating and pressing process).
Sawblades with diamonds directly attached to the core with a resin or
electroplated bond, which thereby do not contain a diamond segment, are
not included within the scope of the Order. Diamond sawblades and/or
sawblade cores with a thickness of less than 0.025 inches, or with a
thickness greater than 1.1 inches, are excluded from the scope of the
Order. Circular steel plates that have a cutting edge of non-diamond
material, such as external teeth that protrude from the outer diameter
of the plate, whether or not finished, are excluded from the scope of
the Order. Diamond sawblade cores with a Rockwell C hardness of less
than 25 are excluded from the scope of the Order. Diamond sawblades
and/or diamond segment(s) with diamonds that predominantly have a mesh
size number greater than 240 (such as 250 or 260) are excluded from the
scope of the Order. Merchandise subject to the Order is typically
imported under heading 8202.39.00.00 of the Harmonized Tariff Schedule
of the United States (HTSUS). When packaged together as a set for
retail sale with an item that is separately classified under headings
8202 to 8205 of the HTSUS, diamond sawblades or parts thereof may be
imported under heading 8206.00.00.00 of the HTSUS. On October 11, 2011,
Commerce included the 6804.21.00.00 HTSUS classification number to the
customs case reference file, pursuant to a request by U.S. Customs and
Border Protection (CBP).\5\ Pursuant to requests by CBP, Commerce
included to the customs case reference file the following HTSUS
classification numbers: 8202.39.0040 and 8202.39.0070 on January 22,
2015, and 6804.21.0010 and 6804.21.0080 on January 26, 2015.
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\5\ See Diamond Sawblades and Parts Thereof from the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative
Review, 76 FR 76128, 76130 (December 6, 2011).
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The tariff classification is provided for convenience and customs
purposes; however, the written description of the scope of the Order is
dispositive.
Merchandise Subject to the Covered Merchandise Inquiry
The covered merchandise inquiry will address whether the scope
covers diamond sawblades assembled in the United Kingdom by DUK using
diamond sawblade cores and diamond sawblade segments in the following
three scenarios: (1) core and segments both sourced from China and
joined in the United Kingdom; (2) core sourced from China, segments not
sourced from China, and joined in the United Kingdom; and (3) segments
sourced from China, core not sourced from China, and joined in the
United Kingdom. If Commerce receives additional evidence regarding
potential circumvention of the order on diamond sawblades from China by
other companies in the United Kingdom, we will consider expanding the
scope of this inquiry at that time. Pursuant to 19 CFR 351.227(m)(1),
Commerce will consider, based on the available record evidence, whether
the final determination in the covered merchandise inquiry should be
applied on a (i) producer-specific, exporter-specific, importer-
specific basis, or some combination thereof; or (ii) on a country-wide
basis, regardless of the producer, exporter, or importer, to all
products from the same country with the same relevant physical
characteristics as the product at issue.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). An electronically filed
document must be received successfully in its entirety by the
applicable deadline. Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\6\ Each
submission must be placed on the record of the segment of the
proceeding for the AD order (A-570-900), ACCESS Covered Merchandise
Inquiry segment ``EAPA 8225.''
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\6\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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Suspension of Liquidation
In accordance with 19 CFR 351.227(l)(1), Commerce will notify CBP
of the initiation of the covered merchandise inquiry and direct CBP to
continue to suspend liquidation of entries of products subject to the
covered merchandise inquiry that were already subject to the suspension
of liquidation, and to apply the cash deposit rate that would be
applicable if the product were determined to be covered by the scope of
the order. Should Commerce issue a preliminary or final covered
merchandise determination, Commerce will follow the suspension of
liquidation rules under 19 CFR 351.227(l)(2)-(4). In accordance with 19
CFR 351.227(l)(5), nothing in this section affects CBP's authority to
take any additional action with respect to the suspension of
liquidation or related measures.
Notification to Interested Parties
Interested parties that wish to participate in this segment of the
proceeding and be added to the public service list for this segment of
the proceeding must file a letter of appearance in accordance with 19
CFR 351.103(d)(1), with one exception: the relevant parties to CBP's
EAPA investigation publicly identified by CBP in the covered
merchandise referral referenced above are not required to submit a
letter of appearance, and will be added to the public service list for
this segment of the proceeding by Commerce.
Commerce placed an APO on the record on September 28, 2026.\7\
[[Page 66102]]
Commerce intends to place the business proprietary versions of the
documents (if any) contained in the covered merchandise referral on the
record of this proceeding in ACCESS.
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\7\ See Memorandum, ``Request for Establishment of
Administrative Protective Order,'' dated September 28, 2026, and the
Administrative Protective Order dated September 28, 2026.
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Representatives of interested parties must submit applications for
disclosure under the APO in accordance with the procedures outlined in
Commerce's regulations at 19 CFR 351.305. Those procedures apply to
this segment of the proceeding, with one exception: APO applicants
representing the parties that have been identified by CBP as an
importer in the covered merchandise referral (referenced above) are
exempt from the additional filing requirements for importers pursuant
to 19 CFR 351.305(d).
This notice is issued and published pursuant to section 517(b)(4)
of the Act and 19 CFR 351.227(b).
Dated: October 13, 2026.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2026-21281 Filed 10-16-26; 8:45 am]
BILLING CODE 3510-DS-P
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