Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Notices 60409 

1 Global Intellectual Property Center, Intellectual 

Property: Creating Jobs, Saving Lives, Improving the 

World, 2009. 

2 Karen Mills, Administrator of the U.S. Small 

Business Administration (SBA), speech at ‘‘Jobs on 

Main Street, Customers Around the World’’ event 

hosted by USTR 01–21–10. 

1Husqvarna Construction Products North 

America, Inc., Hebei Husqvarna-Jikai Diamond 

Tools Co., Ltd., and Hebei Jikai Industrial Group 

Co., Ltd. (collectively ‘‘Hebei Jikai’’). 

2 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’’). 

3Final Determination of Sales at Less Than Fair 

Value and Final Partial Affirmative Determination 

of Critical Circumstances: Diamond Sawblades and 

Parts Thereof from the People’s Republic of China, 

71 FR 29303 (May 22, 2006). 

4See Letter from DSMC to the Department 

regarding Diamond Sawblades and Parts Thereof 

from the People’s Republic of China—Request for 

Initiation of Changed Circumstances Review, dated 

August 13, 2010. 

FOR FURTHER INFORMATION CONTACT: For 

questions on the submission of 

comments, please contact Christine 

Peterson at (202) 482–1432 or Andrea 

Cornwell at (202) 482–0998. 

Publication and Confidential 

Information: 

Submissions filed in response to this 

request will be made available to the 

public by posting them on the Internet. 

For this reason, please do not include in 

your comments information of a 

confidential nature, such as sensitive 

personal information or proprietary 

information. If you have confidential 

business information that would 

support your recommendation or that 

you believe would help the U.S. 

Government formulate an effective 

enforcement strategy, please let us 

know, and we may request that 

additional information. 

SUPPLEMENTARY INFORMATION: It is 

difficult to overstate the value of 

intellectual property rights (IPR) to 

innovation, investment and economic 

development for U.S. businesses. 

Intellectual property rights are also 

critical to our small and medium-sized 

enterprises (SMEs). The U.S. Chamber 

of Commerce 1 estimates that IPintensive industries employ 18 million 

Americans, and the Small Business 

Administration has estimated that SMEs 

alone employ half of Americans and 

account for 65 percent 2 of new jobs. 

The theft of IP from SMEs is a serious 

matter, as it stifles innovation, slows 

economic growth, weakens the 

competitiveness of U.S. employers, and 

threatens American jobs. Intellectual 

property theft at the hands of foreign 

companies, consumers, and even 

governments, has an adverse impact on 

all IP-based innovation and economic 

success. SMEs are particularly 

vulnerable because they are at a distinct 

disadvantage when confronting these 

difficulties in foreign markets. The 

Department of Commerce’s priorities 

include ensuring that intellectual 

property remains a viable driver or 

innovation, and that our IP-based 

industries can compete effectively in the 

international marketplace. Commerce 

Bureaus, namely the U.S. Patent and 

Trademark Office (USPTO) and the 

International Trade Administration 

(ITA), work alongside the IPEC and the 

agencies involved in intellectual 

property rights enforcement to help 

businesses secure and enforce 

intellectual property rights at home and 

abroad. 

To educate and assist all businesses, 

and SMEs in particular, the Department 

of Commerce has developed a number 

of IPR tools and resources. ITA, on 

behalf of U.S. intellectual property 

agencies, launched a Web site in 2004 

(http://www.stopfakes.gov) to provide 

updates and links to Executive Branch 

IPR programs. On the Web site, there are 

additional resources for businesses such 

as an online IPR tutorial, which is 

available in three languages, countryspecific IPR toolkits and links to other 

resources such as the American Bar 

Association’s International IP Advisory 

Program. The site also allows businesses 

to file complaints about IPR-related 

trade problems, which are answered by 

a trade specialist from ITA. The 

Department of Commerce also 

established the 1–866–999–HALT 

hotline answered by PTO IPR experts, 

who work with ITA’s Office of 

Intellectual Property Rights (OIPR) to 

help businesses secure and enforce their 

IPR through international treaties. 

Though this list is non-exhaustive, U.S. 

agencies recognize that there may be 

additional government tools and 

support on IPR protection and 

enforcement that could assist U.S. 

exporters. 

Dated: Friday, September 24, 2010. 

Eileen Hill, 

Acting Deputy Assistant Secretary, Trade 

Agreements and Compliance, Market Access 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce. 

[FR Doc. 2010–24508 Filed 9–29–10; 8:45 am] 

BILLING CODE 3510–DA–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–900] 

Diamond Sawblades and Parts Thereof 

From the People’s Republic of China: 

Initiation of Antidumping Duty 

Changed Circumstances Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: September 30, 

2010. 

SUMMARY: The Department of Commerce 

(‘‘Department’’) has received information 

sufficient to warrant the initiation of a 

changed circumstances review ‘‘CCR’’ of 

the antidumping duty order on diamond 

sawblades and parts thereof from the 

People’s Republic of China (‘‘PRC’’). 

Specifically, based on requests filed by 

the Diamond Sawblade Manufacturers 

Coalition (‘‘DSMC’’) and Hebei Jikai,1 the 

Department is initiating a CCR to 

determine whether Hebei HusqvarnaJikai Diamond Tools Co., Ltd. is the 

successor-in-interest to (1) Hebei Jikai 

Industrial Group Co., Ltd. or (2) 

Electrolux Construction Products 

(Xiamen) Co., Ltd. (‘‘Electrolux 

Xiamen’’). 

FOR FURTHER INFORMATION CONTACT: 

Alan Ray, AD/CVD Operations, Office 9, 

Import Administration, International 

Trade Administration, U.S. Department 

of Commerce, 14th Street and 

Constitution Avenue, NW., Washington, 

DC 20230; telephone: (202) 482–5403. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 4, 2009, the Department 

published antidumping duty orders on 

diamond sawblades and parts thereof 

from the PRC and the Republic of 

Korea,2 as a result of the United States 

International Trade Commission 

reversing its initial negative 

determination on remand from the 

United States Court of International 

Trade. As part of those orders, in the 

investigation, Hebei Jikai Industrial 

Group Co., Ltd. received a calculated 

rate of 48.5 percent while Electrolux 

Xiamen received the PRC-wide rate of 

164.09 percent.3 On August 13, 2010, 

DSMC filed a submission with the 

Department requesting that it conduct a 

CCR of the antidumping duty order on 

diamond sawblades and parts thereof 

from the PRC to determine whether 

Hebei Husqvarna-Jikai Diamond Tools 

Co., Ltd. is a successor-in-interest to 

Electrolux Xiamen.4 On August 20, 

2010, DSMC submitted further 

information supporting its claim that 

Hebei Husqvarna-Jikai Diamond Tools 

Co., Ltd. should be found to be the 

successor-in-interest to Electrolux 

Xiamen. DSMC provided a narrative and 

supporting documentation accounting 

for changes in the name, ownership, 

production location, management, and 

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60410 Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Notices 

5See Letter from DSMC to the Department 

regarding Diamond Sawblades and Parts Thereof 

from the People’s Republic of China— 

Supplementary Information on Request for 

Initiation of Changed Circumstances Review, dated 

August 20, 2010. 

6See Letter from Hebei Jikai to the Department 

regarding Diamond Sawblades and Parts Thereof 

from the People’s Republic of China—Request for 

Initiation of a Changed Circumstances Review. 

7See Letter from DSMC to the Department 

regarding Diamond Sawblades and Parts Thereof 

from the People’s Republic of China—Request for 

Simultaneous Initiation of Changed Circumstances 

Review and Issuance of Preliminary Determination, 

dated September 20, 2010. 

8See, e.g., Pure Magnesium In Granular Form 

from the People’s Republic of China: Initiation of 

Changed Circumstances Review, 75 FR 51002 

(August 18, 2010). 

9See, e.g., Notice of Initiation of Antidumping 

Duty Changed Circumstances Review: Certain 

Forged Stainless Steel Flanges from India, 71 FR 

327 (January 4, 2006). 

10See Notice of Final Results of Changed 

Circumstances Antidumping Duty Administrative 

Review: Polychloroprene Rubber from Japan, 67 FR 

58 (January 2, 2002); see also Fresh and Chilled 

Atlantic Salmon from Norway; Final Results of 

Changed Circumstances Antidumping Duty 

Administrative Review, 64 FR 9979 (March 1, 1999). 

11See 19 CFR 351.221(c)(3)(ii); see also Notice of 

Initiation of Antidumping Duty Changed 

Circumstances Review: Certain Pasta From Turkey, 

74 FR 681 (January 7, 2009). 

product line involving the entities at 

issue.5

On September 13, 2010, Hebei Jikai 

filed a submission with the Department 

requesting that it CCR review and, at the 

time of initiation, find that Hebei 

Husqvarna-Jikai Diamond Tools Co., 

Ltd. is the successor-in-interest to Hebei 

Jikai Industrial Group Co., Ltd. Hebei 

Jikai provided a narrative description 

and supporting documentation 

addressing changes in: (1) Production 

facilities; (2) supplier relationships; (3) 

management; and (4) customer base.6

On September 20, 2010, DSMC 

submitted a request that at the time of 

initiation that the Department should 

also issue its preliminary determination 

that all subject merchandise exported by 

Hebei Jikai should be subject to the 

PRC-wide rate of 164.09 percent.7

Scope of the Order 

The products covered by this 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 these orders 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 these 

orders. 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 these orders. 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 

these orders. Diamond sawblade cores 

with a Rockwell C hardness of less than 

25 are excluded from the scope of these 

orders. 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 these orders. 

Merchandise subject to these orders 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. The tariff classification is 

provided for convenience and customs 

purposes; however, the written 

description of the scope of these orders 

is dispositive. 

Initiation of CCR 

Pursuant to section 751(b)(1) of the 

Tariff Act of 1930, as amended (‘‘Act’’), 

the Department will conduct a CCR 

upon receipt of information concerning, 

or a request from, an interested party for 

a review of an antidumping duty order 

which shows changed circumstances 

sufficient to warrant a review of the 

order. 

In accordance with 19 CFR 

351.216(d), the Department has 

determined that the information 

submitted by DSMC and Hebei Jikai 

constitutes sufficient evidence to 

initiate a CCR. In an antidumping duty 

changed circumstances review 

involving a successor-in-interest 

determination, the Department typically 

examines several factors including, but 

not limited to, changes in: (1) 

Management; (2) production facilities; 

(3) supplier relationships; and (4) 

customer base.8 Although no single 

factor will necessarily provide a 

dispositive indication that the requestor 

is the successor-in-interest to the 

predecessor company, generally, the 

Department will consider one company 

to be a successor-in-interest to another 

company if its resulting operation is 

essentially similar to that of its 

predecessor.9 Therefore, if the record 

demonstrates that, with respect to the 

production and sale of the subject 

merchandise, the new company 

operates as the same business entity as 

the predecessor company, the 

Department may assign the new 

company the cash deposit rate of its 

predecessor.10

Based on the information provided in 

their submissions, DSMC and Hebei 

Jikai have provided sufficient evidence 

to initiate a review to determine 

whether Hebei Husqvarna-Jikai 

Diamond Tools Co., Ltd. is the 

successor-in-interest to Electrolux 

Xiamen or Hebei Jikai Industrial Group 

Co., Ltd. Therefore, pursuant to section 

751(b)(1) of the Act and 19 CFR 

351.216(d), we are initiating a CCR. 

Although Hebei Jikai submitted 

documentation regarding changes in 

management, suppliers, customer base, 

and production facilities that the 

Department considers in its successorin-interest analysis, we will need 

additional time to explore Electrolux 

Xiamen’s involvement in Hebei 

Husqvarna-Jikai Diamond Tools Co., 

Ltd. prior to reaching a preliminary 

determination. Accordingly, the 

Department has determined that it is not 

expediting this action by combining the 

preliminary results of review with this 

notice of initiation.11

The Department intends to issue 

questionnaires requesting additional 

information for the review and will 

publish in the Federal Register a notice 

of the preliminary results of the 

antidumping duty CCR, in accordance 

with 19 CFR 351.221(b)(2) and 

351.221(c)(3)(i). That notice will set 

forth the factual and legal conclusions 

upon which our preliminary results are 

based and a description of any action 

proposed. Pursuant to 19 CFR 

351.221(b)(4)(ii), interested parties will 

have an opportunity to comment on the 

preliminary results of review. In 

accordance with 19 CFR 351.216(e), the 

Department will issue the final results 

of its antidumping duty CCR not later 

than 270 days after the date on which 

the review is initiated. 

mstockstill on DSKH9S0YB1PROD with NOTICES6

Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Notices 60411 

1This Release is limited to those ‘‘Commodity 

ETFs’’ that are structured as grantor trusts with an 

investment objective of achieving the price 

performance of the underlying commodity or 

commodities held by such trust, less expenses. 

Further, for purposes of this Release, the term or 

label ‘‘ETF’’ is loosely applied to precious metal 

commodity-based ETFs (as used interchangeably 

herein, ‘‘Precious Metal Commodity-Based ETFs’’ or 

‘‘Commodity-Based ETFs’’), see section 3(a)(1) of the 

Investment Company Act of 1940 (the ‘‘1940 Act’’) 

and Securities and Exchange Commission (‘‘SEC’’), 

Exchange-Traded Funds, Investment Company Act 

Release No. 28192 (March 11, 2008), 73 FR 14618, 

14623 (March 18, 2008). As used herein, ‘‘Precious 

Metal’’ indicates either gold, silver, palladium, or 

platinum. 

Additionally, when we refer to an ‘‘ETF’’ in this 

Concept Release, we are not (unless the context 

otherwise requires) referring to an entity that meets 

the definition of an ‘‘investment company’’ and is 

registered under the 1940 Act. This Release also 

does not address those ‘‘ETF Commodity Pools’’ that 

attempt to track a benchmark index or commodity 

by engaging in the purchase of commodity futures 

and/or options contracts. These ETF Commodity 

Pools are subject to regulation by the Commission 

as a commodity pool operator (‘‘CPO’’) and/or 

commodity trading adviser (‘‘CTA’’) and may not 

implicate regulatory issues raised in this Release. 

2See e.g. NYSEArca Rule 8.201 (CommodityBased Trust Shares); NYSEAmex Rule 1200A 

(Commodity-Based Trust Shares); NYSE Rule 1300 

(streetTracks Gold Shares); and BATS Exchange 

Rule 14.4. 

3See, however, Securities Exchange Act Release 

Nos. 62402 (June 29, 2010), 75 FR 39292 (July 8, 

2010) (notice of filing of a proposal to list and trade 

shares of the ETFS Precious Metals Basket Trust 

consisting of gold, silver, palladium, and platinum) 

and 62620 (July 30, 2010) (notice of a proposal to 

list and trade shares of ETFS White Metals Basket 

Trust consisting of silver, palladium, and 

platinum). 

4For a previous Commission discussion of the 

structural and arbitrage mechanisms underlying a 

physical gold ETF, see Description of the 

Underlying Commodity in CFTC, Proposed 

Exemptive Order for ST Gold Futures Contracts, 73 

FR 13867, at 13868 (March 14, 2008). 

5See CFTC, Order Exempting the Trading and 

Clearing of Certain Products Related to SPDR® 

Gold Trust Shares, 73 FR 31981 (June 5, 2008), 

CFTC, Order Exempting the Trading and Clearing 

of Certain Products Related to iShares® COMEX 

Gold Trust Shares and iShares® Silver Trust 

Shares, 73 FR 79830 (December 30, 2008), and 

CFTC, Order Exempting the Trading and Clearing 

of Certain Products Related to ETFS Physical Swiss 

Gold Shares and ETFS Physical Silver Shares, 75 

FR 37406 (June 29, 2010) (collectively, the 

‘‘Previous Orders’’). 

This notice is published in 

accordance with sections 751(b)(1) and 

777(i)(1) of the Act and 19 CFR 351.216. 

Dated: September 24, 2010. 

Susan H. Kuhbach, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2010–24602 Filed 9–29–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

The Manufacturing Council: Meeting of 

the Manufacturing Council 

AGENCY: International Trade 

Administration, U.S. Department of 

Commerce. 

ACTION: Notice of an Open Meeting. 

SUMMARY: The Manufacturing Council 

will hold a meeting to discuss and 

identify the priority issues affecting the 

U.S. manufacturing industry, which 

may include increasing exports, supply 

chain and access to credit, among 

others. The Council was re-chartered on 

April 8, 2010, to advise the Secretary of 

Commerce on matters relating to the 

U.S. manufacturing industry. 

DATES: October 14, 2010 

Time: 10 a.m. 

ADDRESSES: Department of Commerce, 

1401 Constitution Avenue, NW., Room 

4830, Washington, DC, 20230. Because 

of building security, all non-government 

attendees must pre-register. This 

program will be physically accessible to 

people with disabilities. Seating is 

limited and will be on a first come, first 

served basis. Requests for sign language 

interpretation, other auxiliary aids, or 

pre-registration, should be submitted no 

later than October 7, 2010, to Jennifer 

Pilat, the Manufacturing Council, Room 

4043, 1401 Constitution Avenue, NW., 

Washington, DC, 20230, telephone 202– 

482–4501, jennifer.pilat@trade.gov. Last 

minute requests will be accepted, but 

may be impossible to fill. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Pilat, the Manufacturing 

Council, Room 4043, 1401 Constitution 

Avenue, NW., Washington, DC, 20230, 

telephone: 202–482–4501, e-mail: 

jennifer.pilat@trade.gov. 

SUPPLEMENTARY INFORMATION: 

No time will be available for oral 

comments from members of the public 

attending the meeting. Any member of 

the public may submit pertinent written 

comments concerning the Council’s 

affairs at any time before and after the 

meeting. Comments may be submitted 

to Jennifer Pilat at the contact 

information indicated above. To be 

considered during the meeting, 

comments must be received no later 

than 5 p.m. Eastern Time on October 7, 

2010, to ensure transmission to the 

Council prior to the meeting. Comments 

received after that date will be 

distributed to the members but may not 

be considered at the meeting. 

Copies of Council meeting minutes 

will be available within 90 days of the 

meeting. 

Dated: September 27, 2010. 

Jennifer Pilat, 

Executive Secretary, The Manufacturing 

Council. 

[FR Doc. 2010–24604 Filed 9–27–10; 4:15 pm] 

BILLING CODE 3510–DR–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Request for Comment on Options for 

a Proposed Exemptive Order Relating 

to the Trading and Clearing of 

Precious Metal Commodity-Based 

ETFs; Concept Release 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice of options for a proposed 

exemptive order and request for 

comment; concept release. 

SUMMARY: Recently, the Commodity 

Futures Trading Commission 

(‘‘Commission,’’ or ‘‘CFTC’’) has been 

confronted with the question of how to 

treat certain transactions on fractional 

undivided interests, or shares, in single 

commodity investment products 

referred to as exchange traded funds 

(‘‘ETF’’ or ‘‘ETFs’’),1 primarily in the 

metals complex. The ETFs have in all 

relevant instances been structured as 

trusts (singularly, ‘‘ETF Trust’’ or 

‘‘Trust’’),2 the assets of which consist of 

holdings of one specific physical 

commodity.3 The explicit and sole 

investment objective of each of these 

ETF Trusts is to track as nearly as 

possible the spot price of the underlying 

physical commodity less the expenses 

of trust operations. The listing of these 

ETF shares provides shareholders with 

efficient exposure to commodity market 

price movements.4 These Precious 

Metal Commodity-Based ETFs have 

primarily focused on holding either gold 

or silver, with a recent expansion into 

palladium and platinum. The 

Commission has issued Orders pursuant 

to Section 4(c) of the Commodity 

Exchange Act (the ‘‘Act’’) permitting the 

trading and clearing of certain 

transactions on these Trusts as, 

respectively, options on securities and 

security futures.5 The Previous Orders 

have provided exemptions from certain 

provisions of the Act, or the 

Commission’s regulations thereunder, 

which might have been transgressed by 

trading or clearing, among other things, 

options and futures on CommodityBased ETFs. The exemption mechanism 

has enabled the Commission to reserve 

judgment as to the jurisdictional 

classification (i.e. commodity or 

security) of Commodity-Based ETFs and 

options and futures on CommodityBased ETFs while at the same time 

providing a mechanism to ensure both 

that the Commission’s regulatory 

mstockstill on DSKH9S0YB1PROD with NOTICES6