[Federal Register Volume 79, Number 213 (Tuesday, November 4, 2014)]
[Notices]
[Pages 65420-65423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26099]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1092 (Review)]


Diamond Sawblades and Parts Thereof From China; Termination of 
Previously Instituted Five-Year Review and Institution of Five-Year 
Review

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice that it has instituted a 
review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 
1675(c)) (the Act) to determine whether revocation of the antidumping 
duty order on diamond sawblades and parts thereof from China would be 
likely to lead to continuation or recurrence of material injury. 
Pursuant to section 751(c)(2) of the Act, interested parties are 
requested to respond to this notice by submitting the information 
specified below to the Commission; \1\ to be assured of consideration, 
the deadline for responses is December 4, 2014. As indicated below, in 
light of prior proceedings in this matter, the Commission reserves the 
right to waive its regulations concerning filing of comments on whether 
to conduct an expedited review. For further information concerning the 
conduct of this review and rules of general application, consult the 
Commission's Rules of Practice and Procedure, part 201, subparts A 
through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 
CFR part 207).
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    \1\ No response to this request for information is required if a 
currently valid Office of Management and Budget (OMB) number is not 
displayed; the OMB number is 14-5-322, expiration date June 30, 
2017. Public reporting burden for the request is estimated to 
average 15 hours per response. Please send comments regarding the 
accuracy of this burden estimate to the Office of Investigations, 
U.S. International Trade Commission, 500 E Street SW., Washington, 
DC 20436.

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DATES:  Effective Date: November 4, 2014.

FOR FURTHER INFORMATION CONTACT: Michael Szustakowski (202-205-3169), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (http://www.usitc.gov). The public record for this 
review may be viewed on the Commission's electronic docket (EDIS) at 
http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background. On November 4, 2009, the Department of Commerce issued 
an antidumping duty order on imports of diamond sawblades and parts 
thereof from China (74 FR 57145, November 4, 2009). The effective date 
of the order was January 23, 2009. On December 2, 2013, the Commission 
instituted a five-year review on the antidumping duty order on imports 
of diamond sawblades and parts thereof from China (78 FR 72116, Dec. 2, 
2013). The U.S. Department of Commerce (Commerce) initiated its five-
year review of the order on the same day (78 FR 72061, Dec. 2, 2013). 
On May 20, 2014, the Commission determined to conduct a full review of 
the order (Explanation of Commission Determination on Adequacy in 
Diamond Sawblades and Parts Thereof from China, Inv. No. 731-TA-1092 
(Review)).
    The Diamond Sawblades Manufacturers' Coalition (DSMC), an 
association of domestic producers of diamond sawblades, subsequently 
filed an action in the U.S. Court of International Trade (CIT) to 
declare that the five-year reviews that Commerce initiated and the 
Commission instituted were ultra vires because they began prematurely. 
On September 23, 2014, the CIT issued a judgment in favor of DSMC, 
directed the Commission to cease further work on the five-year review 
it previously instituted, and to instead institute a review on November 
4, 2014. Diamond Sawblades Mfrs. Coalition v. United States, Slip Op. 
14-111 (Ct. Int'l Trade Sept. 23, 2014). Accordingly, pursuant to the 
CIT order in Diamond Sawblades Manufacturers' Coalition, we are hereby 
terminating the previously instituted sunset review, effective 
September 23, 2014.
    Pursuant to the judgment of the CIT, the Commission is instituting 
this review to determine whether revocation of the antidumping duty 
order on diamond sawblades and parts thereof from China would be likely 
to lead to continuation or recurrence of material injury to the 
domestic industry within a reasonably foreseeable time. It will assess 
the adequacy of interested party responses to this notice of 
institution to determine whether to conduct a full review or an 
expedited review. The Commission is mindful, however, that both 
domestic and respondent interested parties responded to the notice of 
institution it published on December 2, 2013, and that in light of 
these responses the Commission determined that conducting a full review 
was appropriate.
    In order to avoid duplication of effort and to streamline these 
proceedings, the Commission is not requiring those interested parties 
that submitted adequate responses to the December 2, 2013 institution 
notice to submit full responses to this notice. Instead, each such 
party may simply submit no later than December 4, 2014 a response 
indicating that: (1) It incorporates the contents of its response to 
the December 2, 2013 institution notice and (2) that it is willing to 
participate in this review by providing information requested to the 
Commission. Any such party, should it desire, may also provide 
additional information of the nature specified below. Parties that did 
not submit an adequate response to the

[[Page 65421]]

December 2, 2013 institution notice may also provide additional 
information of the nature specified below no later than December 4, 
2014.
    Should those parties that submitted adequate responses to the 
December 2, 2013 institution notice indicate their desire to 
participate in this review, the Commission intends to issue a notice 
stating that it will conduct a full review. In light of this, the 
Commission reserves the right to waive the process specified in 19 CFR 
207.62(b) for submitting comments to the Commission on whether to 
conduct an expedited review should it be unnecessary given the unusual 
circumstances of this proceeding.
    Definitions. The following definitions apply to these reviews:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year review, as defined by the Department 
of Commerce.
    (2) The Subject Country in this review is China.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determination, the Commission defined the Domestic Like Product as 
diamond sawblades and parts thereof, coextensive with Commerce's scope.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determination, the 
Commission determined that the Domestic Industry comprised the 
assemblers in addition to all domestic producers of finished diamond 
sawblades and component parts.
    (5) The Order Date is the date that the antidumping duty order 
under review became effective. In this review, the Order Date is 
January 23, 2009.
    (6) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.
    Participation in the proceeding and public service list. Persons, 
including industrial users of the Subject Merchandise and, if the 
merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the proceeding as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11(b)(4) of the Commission's rules, no later 
than 21 days after publication of this notice in the Federal Register. 
The Secretary will maintain a public service list containing the names 
and addresses of all persons, or their representatives, who are parties 
to the proceeding.
    Former Commission employees who are seeking to appear in Commission 
five-year reviews are advised that they may appear in a review even if 
they participated personally and substantially in the corresponding 
underlying original investigation or an earlier review of the same 
underlying investigation. The Commission's designated agency ethics 
official has advised that a five-year review is not the same particular 
matter as the underlying original investigation, and a five-year review 
is not the same particular matter as an earlier review of the same 
underlying investigation for purposes of 18 U.S.C. 207, the post 
employment statute for Federal employees, and Commission rule 201.15(b) 
(19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5, 
2008). Consequently, former employees are not required to seek 
Commission approval to appear in a review under Commission rule 19 CFR 
201.15, even if the corresponding underlying original investigation or 
an earlier review of the same underlying investigation was pending when 
they were Commission employees. For further ethics advice on this 
matter, contact Carol McCue Verratti, Deputy Agency Ethics Official, at 
202-205-3088.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and APO service list. Pursuant 
to section 207.7(a) of the Commission's rules, the Secretary will make 
BPI submitted in this proceeding available to authorized applicants 
under the APO issued in the proceeding, provided that the application 
is made no later than 21 days after publication of this notice in the 
Federal Register. Authorized applicants must represent interested 
parties, as defined in 19 U.S.C. 1677(9), who are parties to the 
proceeding. A separate service list will be maintained by the Secretary 
for those parties authorized to receive BPI under the APO.
    Certification. Pursuant to section 207.3 of the Commission's rules, 
any person submitting information to the Commission in connection with 
this proceeding must certify that the information is accurate and 
complete to the best of the submitter's knowledge. In making the 
certification, the submitter will be deemed to consent, unless 
otherwise specified, for the Commission, its employees, and contract 
personnel to use the information provided in any other reviews or 
investigations of the same or comparable products which the Commission 
conducts under Title VII of the Act, or in internal audits and 
investigations relating to the programs and operations of the 
Commission pursuant to 5 U.S.C. Appendix 3.
    Written submissions. The nature of written responses to the notice 
by those parties that submitted adequate responses to the December 2, 
2013 notice of institution is specified above. Pursuant to section 
207.61 of the Commission's rules, each interested party that did not 
provide an adequate response to the December 2, 2013 notice but desires 
to respond to this notice must provide the information specified below. 
The deadline for filing such responses is December 4, 2014. As stated 
above, the Commission reserves the right to waive the provision of 
section 207.62(b) of the Commission's rules concerning whether the 
Commission should conduct an expedited or full review. All written 
submissions must conform with the provisions of sections 201.8 and 
207.3 of the Commission's rules and any submissions that contain BPI 
must also conform with the requirements of sections 201.6 and 207.7 of 
the Commission's rules. Regarding electronic filing requirements under 
the Commission's rules, see also the Commission's Handbook on E-filing, 
available on the Commission's Web site at http://edis.usitc.gov. Also, 
in accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the review must be served on 
all other parties to the review (as identified by either the public or 
APO service list as appropriate), and a certificate of service must 
accompany the document (if you are not a party to the review you do not 
need to serve your response).
    Inability to provide requested information. Pursuant to section 
207.61(c) of the Commission's rules, any interested party that cannot 
furnish the information requested by this notice in the requested form 
and manner shall notify the Commission at the earliest possible time, 
provide a full explanation of why it cannot provide the requested 
information, and indicate alternative forms in which it can provide 
equivalent information. If an interested party does not provide this 
notification (or the Commission finds the explanation provided in the 
notification inadequate) and fails to provide a complete response to 
this notice, the Commission may take an adverse

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inference against the party pursuant to section 776(b) of the Act (19 
U.S.C. 1677e(b)) in making its determinations in the reviews.
    Information To Be Provided in Response to this Notice of 
Institution: As used below, the term ``firm'' includes any related 
firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address) and name, telephone number, fax number, and Email 
address of the certifying official.
    (2) A statement indicating whether your firm/entity is a U.S. 
producer of the Domestic Like Product, a U.S. union or worker group, a 
U.S. importer of the Subject Merchandise, a foreign producer or 
exporter of the Subject Merchandise, a U.S. or foreign trade or 
business association, or another interested party (including an 
explanation). If you are a union/worker group or trade/business 
association, identify the firms in which your workers are employed or 
which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in this proceeding by providing information requested by 
the Commission.
    (4) A statement of the likely effects of the revocation of the 
antidumping and countervailing duty orders on the Domestic Industry in 
general and/or your firm/entity specifically. In your response, please 
discuss the various factors specified in section 752(a) of the Act (19 
U.S.C. 1675a(a)) including the likely volume of subject imports, likely 
price effects of subject imports, and likely impact of imports of 
Subject Merchandise on the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in the 
Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries since the Order 
Date.
    (7) A list of 3-5 leading purchasers in the U.S. market for the 
Domestic Like Product and the Subject Merchandise (including street 
address, World Wide Web address, and the name, telephone number, fax 
number, and Email address of a responsible official at each firm).
    (8) A list of known sources of information on national or regional 
prices for the Domestic Like Product or the Subject Merchandise in the 
U.S. or other markets.
    (9) If you are a U.S. producer of the Domestic Like Product, 
provide the following information on your firm's operations on that 
product during calendar year 2012, except as noted (report quantity 
data in units and value data in U.S. dollars, f.o.b. plant). If you are 
a union/worker group or trade/business association, provide the 
information, on an aggregate basis, for the firms in which your workers 
are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm to produce the Domestic Like 
Product (i.e., the level of production that your establishment(s) could 
reasonably have expected to attain during the year, assuming normal 
operating conditions (using equipment and machinery in place and ready 
to operate), normal operating levels (hours per week/weeks per year), 
time for downtime, maintenance, repair, and cleanup, and a typical or 
representative product mix);
    (c) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and
    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently completed fiscal year (identify the date on which your fiscal 
year ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from the Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2012 (report quantity data in units and 
value data in U.S. dollars). If you are a trade/business association, 
provide the information, on an aggregate basis, for the firms which are 
members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping or countervailing duties) of U.S. imports and, if known, an 
estimate of the percentage of total U.S. imports of Subject Merchandise 
from the Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. commercial shipments of Subject 
Merchandise imported from the Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. internal consumption/company 
transfers of Subject Merchandise imported from the Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 2012 (report quantity 
data in units and value data in U.S. dollars, landed and duty-paid at 
the U.S. port but not including antidumping or countervailing duties). 
If you are a trade/business association, provide the information, on an 
aggregate basis, for the firms which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in the Subject 
Country accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in the Subject Country (i.e., the level of production that 
your establishment(s) could reasonably have expected to attain during 
the year, assuming normal operating conditions (using equipment and 
machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix); and
    (c) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from the Subject Country accounted for by your firm's(s') exports.
    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in the Subject Country since the Order Date, and 
significant changes, if any, that are likely to occur within a 
reasonably foreseeable time. Supply conditions to consider include 
technology; production methods; development efforts; ability to 
increase production (including the shift of production facilities used 
for other

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products and the use, cost, or availability of major inputs into 
production); and factors related to the ability to shift supply among 
different national markets (including barriers to importation in 
foreign markets or changes in market demand abroad). Demand conditions 
to consider include end uses and applications; the existence and 
availability of substitute products; and the level of competition among 
the Domestic Like Product produced in the United States, Subject 
Merchandise produced in the Subject Country, and such merchandise from 
other countries.
    (13) (Optional) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

    Authority: This proceeding is being conducted under authority of 
Title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.61 of the Commission's rules.

    Issued: October 29, 2014.

    By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-26099 Filed 11-3-14; 8:45 am]
BILLING CODE 7020-02-P