[Federal Register Volume 75, Number 123 (Monday, June 28, 2010)]
[Notices]
[Pages 36632-36633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15216]


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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: Initiation of Antidumping Duty New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: June 28, 2010.
SUMMARY:  The Department of Commerce (``Department'') has determined 
that a request for a new shipper review (``NSR'') of the antidumping 
duty order on diamond sawblades and parts thereof (``diamond 
sawblades'') from the People's Republic of China (``PRC''), received on 
April 30, 2010, meets the statutory and regulatory requirements for 
initiation. The period of review (``POR'') for the NSR is January 23, 
2009, through April 30, 2010.

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

    The notice announcing the antidumping duty order on diamond 
sawblades from the PRC was published in the Federal Register on 
November 4, 2009. 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) (``Antidumping Duty Order''). On 
April 30, 2010, pursuant to section 751(a)(2)(B)(i) of the Tariff Act 
of 1930, as amended (``Act''), the Department received a NSR request 
from Pujiang Talent Diamond Tools Co., Ltd. (``PTDT''). PTDT's request 
was properly made on April 30, 2010, May being the semi-annual 
anniversary of the Antidumping Duty Order. PTDT certified that it is 
both the producer and exporter of the subject merchandise upon which 
the request was based. PTDT also submitted a public version of its 
request, which adequately summarized proprietary information and 
provided explanations as to why certain proprietary information is not 
capable of summarization.
    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), PTDT certified that it did not export subject 
merchandise to the United States during the period of investigation 
(``POI''). In addition, pursuant to section 751(a)(2)(B)(i)(II) of the 
Act and 19 CFR 351.214(b)(2)(iii)(A), PTDT certified that, since the 
initiation of the investigation, it has never been affiliated with any 
PRC exporter or producer who exported subject merchandise to the United 
States during the POI, including those respondents not individually 
examined during the investigation. As required by 19 CFR 
351.214(b)(2)(iii)(B), PTDT also certified that its export activities 
were not controlled by the central government of the PRC.

[[Page 36633]]

    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv)(A), (B), and (C), PTDT submitted documentation 
establishing the following: (1) the date on which PTDT first shipped 
subject merchandise for export to the United States; (2) the volume of 
its first shipment; and (3) the date of its first sale to an 
unaffiliated customer in the United States.
    The Department conducted U.S. Customs and Border Protection 
(``CBP'') database queries in an attempt to confirm that PTDT's 
shipments of subject merchandise had entered the United States for 
consumption and that liquidation of such entries had been properly 
suspended for antidumping duties.\1\ The Department also examined 
whether the CBP data confirmed that such entries were made during the 
NSR POR. The information we examined was consistent with that provided 
by PTDT.
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    \1\ The Department only resumed the suspension of liquidation of 
sawblades and parts on January 23, 2009, as prior to that date, no 
order was in place because the ITC found in its final determination 
that domestic parties had not suffered from the importation of 
diamond sawblades from the PRC. As such, without an order in place, 
CBP had no authority to suspend the liquidation of entries. On 
August 30, 2009, the CIT ordered the Department to issue the order, 
and it was effective retroactive to January 23, 2009. See 
Antidumping Duty Order. The deposit rates that CBP collected for 
entries after January 23, 2009, were the antidumping duty rates from 
the Final Determination. See Final 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) (``Final 
Determination'').
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Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), we find that the request submitted by PTDT meets the 
threshold requirements for initiation of a new shipper review for 
shipments of diamond sawblades from the PRC produced and exported by 
PTDT. See ``Memorandum to the File From Alan Ray, Case Analyst, New 
Shipper Initiation Checklist: Diamond Sawblades and Parts Thereof From 
the People's Republic of China and the Republic of Korea (A-570-900),'' 
dated concurrently with this notice. The POR is January 23, 2009, 
through April 30, 2010. See 19 CFR 351.214(g)(1)(ii)(B). The Department 
intends to issue the preliminary results of this NSR no later than 180 
days from the date of initiation, and the final results no later than 
270 days from the date of initiation. See section 751(a)(2)(B)(iv) of 
the Act.
    It is the Department's usual practice, in cases involving non-
market economies, to require that a company seeking to establish 
eligibility for an antidumping duty rate separate from the country-wide 
rate provide evidence of de jure and de facto absence of government 
control over the company's export activities. Accordingly, we will 
issue questionnaires to PTDT, which will include a section requesting 
information with regard to PTDT's export activities for separate rates 
purposes. The review will proceed if the response provides sufficient 
indication that PTDT is not subject to either de jure or de facto 
government control with respect to its exports of subject merchandise.
    We will instruct CBP to allow, at the option of the importer, the 
posting, until the completion of the review, of a bond or security in 
lieu of a cash deposit for each entry of the subject merchandise from 
PTDT in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 
351.214(e). Because PTDT certified that it both produced and exported 
the subject merchandise, the sale of which is the basis for this new 
shipper review request, we will apply the bonding privilege to PTDT 
only for subject merchandise which PTDT both produced and exported.
    Interested parties requiring access to proprietary information in 
this NSR should submit applications for disclosure under administrative 
protective order in accordance with 19 CFR 351.305 and 351.306. This 
initiation and notice are in accordance with section 751(a)(2)(B) of 
the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: June 17, 2010.
Gary Taverman,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-15216 Filed 6-25-10; 8:45 am]
BILLING CODE 3510-DS-S