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###### International Trade Commission

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

# AGENCY:

United States International Trade Commission.

# ACTION:

Notice.

# 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).                    

# 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                           ( print 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                           ( print page 65422)                        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                           ( print page 65423)                        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.

# Footnotes

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.                        
        Back to Citation      

[FR Doc. 2014-26099 Filed 11-3-14; 8:45 am]

BILLING CODE 7020-02-P