[Federal Register Volume 86, Number 145 (Monday, August 2, 2021)]
[Notices]
[Pages 41446-41448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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

[[Page 41447]]

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 https://access.trade.gov, 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 http://enforcement.trade.gov/frn/. 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:

------------------------------------------------------------------------
                                                              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

[[Page 41448]]

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