64330 Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices 

1See Certain Polyester Staple Fiber from the 

People’s Republic of China: Final Results of 

Antidumping Duty Administrative Review; 2010– 

2011, 78 FR 2366 (January 11, 2013) (Final Results) 

and accompanying Issues and Decision 

Memorandum (IDM). 

2See Zhaoqing Tifo New Fibre Co., Ltd. v. United 

States, 60 F. Supp. 3d 1328 (CIT 2015) (Zhaoqing 

Tifo I). 

3See Final Results of Redetermination Pursuant 

to Zhaoqing Tifo New Fibre Co., Ltd. v. United 

States, Court No. 13–00044, Slip Op. 15–31 (April 

9, 2015), dated July 9, 2015 (First Remand 

Redetermination). 

4See Zhaoqing Tifo New Fibre Co., Ltd. v. United 

States, 256 F. Supp. 3d 1314, 1334 (CIT 2017) 

(Zhaoqing II). 

5 Id., 256 F. Supp. 3d at 1337. 

6See Viraj Grp, Ltd. v. United States, 343 F.3d 

1371, 1376 (Fed. Cir. 2003). 

7 Final Results, 78 FR at 2368, and accompanying 

IDM at Comment 2. 

8See Final Results of Redetermination Pursuant 

to Court Remand Zhaoqing Tifo New Fibre Co., Ltd. 

v. United States, Court No. 13–00044, Slip Op. 17– 

118 (CIT August 30, 2017), dated November 6, 2017 

(Second Remand Redetermination). 

9See Zhaoqing Tifo New Fibre Co., Ltd. v. United 

States, Court No. 13–00044, Slip Op. 18–168 (CIT 

November 30, 2018). 

10See Timken Co., v United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

11See Diamond Sawblades Mfrs. Coalition v. 

United States, 626 F.3d 1374 (Fed. Cir. 2010) 

(Diamond Sawblades). 

12See Sections 516A(c) and (e) of the Act. 

751(a)(1) and 777(i)(1) of the Act and 19 

CFR 351.221(b)(5). 

Dated: December 7, 2018. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

performing the non-exclusive functions and 

duties of the Assistant Secretary for 

Enforcement and Compliance. 

Appendix 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. List of Interested Party Comments 

IV. Scope of the Order 

V. Changes Since the Preliminary Results 

VI. Subsidy Valuation Information 

VII. Analysis of Programs 

VIII. Discussion of the Issues 

Comment 1: Commerce Should Not Make 

Any Changes to the Results Other Than 

Those Raised in Parties’ Briefs 

Comment 2: Commerce Should Exclude 

the Action 6.1.4. Program from the Final 

Results 

Commerce 3: Commerce Should 

Recalculate the Benefit for the ERDF 

Action 4.1 Program 

IX. Conclusion 

[FR Doc. 2018–27119 Filed 12–13–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–905] 

Certain Polyester Staple Fiber From 

the People’s Republic of China: Notice 

of Court Decision Not in Harmony With 

Final Results of Antidumping Duty 

Administrative Review and Notice of 

Amended Final Results of 

Antidumping Duty Administrative 

Review 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On November 30, 2018, the 

United States Court of International 

Trade (CIT or the Court) sustained the 

final results of redetermination 

pertaining to the antidumping duty (AD) 

administrative review of certain 

polyester staple fiber (PSF) from the 

People’s Republic of China (China) for 

the period of review (POR) June 1, 2010, 

through May 31, 2011. The Department 

of Commerce (Commerce) is notifying 

the public that the final judgment in this 

case is not in harmony with the final 

results of the AD administrative review 

of the antidumping duty order on PSF 

from China and that Commerce is 

amending the final results with respect 

to the AD cash deposit rate assigned to 

Zhaoqing Tifo New Fibre Co., Ltd 

(Zhaoqing Tifo). 

DATES: Applicable December 10, 2018. 

FOR FURTHER INFORMATION CONTACT: Jerry 

Huang, AD/CVD Operations, Office V, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone (202) 482–4047. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 11, 2013, Commerce 

published its Final Results of the 2010– 

2011 AD administrative review of PSF 

from China.1 On April 7, 2015, the CIT 

remanded the Final Results to 

Commerce to reconsider the dumping 

margin calculation for Zhaoqing Tifo 

and to consider any potential for double 

counting of energy inputs by the 

inclusion of coal as a factor of 

production (FOP), as alleged by 

Zhaoqing Tifo.2 In its First Remand 

Redetermination, Commerce relied 

upon a different set of financial 

statements that allowed Commerce to 

more accurately calculate Zhaoqing 

Tifo’s dumping margin while also 

addressing any concerns of double 

counting of energy inputs.3 On August 

30, 2017, the Court remanded this issue 

to Commerce a second time, finding that 

Commerce’s selection of financial 

statements was not timely challenged by 

any party and was, thus, beyond the 

scope of the remand in Zhaoqing Tifo I.4

Therefore, the Court instructed 

Commerce to reconsider how the 

surrogate financial ratios originally used 

in Final Results account for energy 

sources and whether the inclusion of 

coal in the FOP database results in 

double-counting.5 In its Second Remand 

Redetermination, under respectful 

protest,6 Commerce relied on the 

financial statements used in the Final 

Results,7 and removed coal as a factor of 

production from the dumping margin 

calculation to address the Court’s 

concern over potential double counting 

of energy inputs.8 On November 30, 

2018, the CIT sustained Commerce’s 

Second Remand Redetermination.9

Timken Notice 

In its decision in Timken,10 as 

clarified by Diamond Sawblades,11 the 

Court of Appeals for the Federal Circuit 

(CAFC) held that, pursuant to section 

516A of the Tariff Act of 1930, as 

amended (the Act), Commerce must 

publish a notice of a court decision that 

is not ‘‘in harmony’’ with a Commerce 

determination and must suspend 

liquidation of entries pending a 

‘‘conclusive’’ court decision.12 The 

CIT’s November 30, 2018, final 

judgment affirming the Second Remand 

Redetermination constitutes a final 

decision of the Court that is not in 

harmony with Commerce’s Final 

Results. This notice is published in 

fulfillment of the publication 

requirements of Timken and section 

516A of the Act. 

Amended Final Results 

Because there is now a final court 

decision, Commerce is amending its 

Final Results. Commerce finds that the 

revised AD dumping margin for 

Zhaoqing Tifo is as follows: 

Producer/exporter 

Weightedaverage 

dumping 

margin 

(percent) 

Zhaoqing Tifo New Fiber 

Co., Ltd ............................. 0.00 

Accordingly, Commerce will continue 

the suspension of liquidation of the 

subject merchandise pending the 

expiration of the period of appeal or, if 

appealed, pending a final and 

conclusive court decision. In the event 

the Court’s ruling is not appealed or, if 

appealed, upheld by the CAFC, 

Commerce will instruct U.S. Customs 

and Border Protection to assess 

antidumping duties on unliquidated 

entries of subject merchandise exported 


amozie on DSK3GDR082PROD with NOTICES1
Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices 64331 

1See Diamond Sawblades and Parts Thereof from 

the People’s Republic of China: Preliminary Results 

of Antidumping Duty Administrative Review; 2016– 

2017, 83 FR 39673 (August 10, 2018) (Preliminary 

Results), and accompanying Preliminary Decision 

Memorandum. 

2See 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). 

The statutory deadline for the final results of this 

review is Saturday, December 8, 2018. 

3See the Memorandum, ‘‘Issues and Decision 

Memorandum for the Administrative Review of the 

Antidumping Duty Order on Diamond Sawblades 

and Parts Thereof from the People’s Republic of 

China,’’ (Issues and Decision Memorandum) dated 

concurrently with and hereby adopted by this 

notice at 2–3. 

4See Preliminary Results, 83 FR at 39673, n.2, 

and accompanying Preliminary Decision 

Memorandum at 3. 

5 Id. at 39673, n.6, and accompanying Preliminary 

Decision Memorandum at 4–8. 

by Zhaoqing Tifo using the assessment 

rate calculated by Commerce listed 

above. 

Cash Deposit Requirements 

Because cash deposit rate for 

Zhaoqing Tifo has been superseded by 

cash deposit rates calculated in 

intervening administrative reviews of 

the AD order on PSF from China, we 

will not alter the cash deposit rate for 

Zhaoqing Tifo. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(e), 

751(a)(1), and 777(i)(1) of the Act. 

Dated: December 10, 2018. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

performing the non-exclusive functions and 

duties of the Assistant Secretary for 

Enforcement and Compliance. 

[FR Doc. 2018–27121 Filed 12–13–18; 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; 2016–2017 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) finds that certain 

companies covered by this 

administrative review made sales of 

diamond sawblades and parts thereof 

(diamond sawblades) from the People’s 

Republic of China (China) at less than 

normal value during the period of 

review (POR) November 1, 2016, 

through October 31, 2017. 

DATES: Applicable December 14, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Yang Jin Chun or Joshua Poole, 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) 482–5760 and (202) 482–1293, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 10, 2018, Commerce 

published the preliminary results of the 

administrative review of the 

antidumping duty order on diamond 

sawblades from China covering the 

period of review (POR) November 1, 

2016, through October 31, 2017.1 We 

received case and rebuttal briefs with 

respect to the Preliminary Results. The 

deadline for the final results of this 

review is December 10, 2018.2 We 

conducted this administrative review in 

accordance with section 751 of the 

Tariff Act of 1930, as amended (the Act). 

Scope of the Order 

The merchandise subject to the order 

is diamond sawblades. The diamond 

sawblades subject to the order are 

currently classifiable under subheadings 

8202 to 8206 of the Harmonized Tariff 

Schedule of the United States (HTSUS) 

and may also enter under subheading 

6804.21.00. The HTSUS subheadings 

are provided for convenience and 

customs purposes. A full description of 

the scope of the order is contained in 

the Issues and Decision Memorandum.3

The written description is dispositive. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to this 

administrative review are addressed in 

the Issues and Decision Memorandum. 

A list of the issues raised is attached to 

this notice as an appendix. 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 http://

access.trade.gov and to all parties in the 

Central Records Unit, room B8024 of the 

main Department of Commerce 

building. In addition, a complete 

version of the Issues and Decision 

Memorandum can be accessed directly 

on the Enforcement and Compliance 

website at http://enforcement.trade.gov/ 

frn/index.html. 

Final Determination of No Shipments 

We preliminarily found that Danyang 

Hantronic Import & Export Co., Ltd., 

Danyang Tsunda Diamond Tools Co., 

Ltd., Jiangsu Huachang Tools 

Manufacturing Co., Ltd., Shanghai 

Starcraft Tools Company Limited, 

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 reviewable 

entries of subject merchandise during 

the POR.4 After the Preliminary Results, 

we received no comments or additional 

information with respect to these six 

companies. Therefore, for the final 

results, we continue to find that these 

six companies did not have any 

reviewable entries of subject 

merchandise during the POR. Consistent 

with our practice, we will issue 

appropriate instructions to U.S. 

Customs and Border Protection (CBP) 

based on our final results. 

Separate Rates 

Commerce preliminarily determined 

that 14 respondents are eligible to 

receive separate rates in this review.5

We made no changes to these 

determinations for the final results. 

Changes Since the Preliminary Results 

We made no revisions to the 

Preliminary Results. 

Final Results of the Review 

As a result of this administrative 

review, we determine that the following 

weighted-average dumping margins 

exist for the period November 1, 2016, 

through October 31, 2017: 

Company Margin 

(percent) 

Chengdu Huifeng New Material Technology Co., Ltd 6 ...................................................................................................................... 82.05 

Danyang Weiwang Tools Manufacturing Co., Ltd ............................................................................................................................... 82.05 


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