[Federal Register Volume 75, Number 56 (Wednesday, March 24, 2010)]
[Notices]
[Pages 14126-14127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6530]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-855]
Amended Final Determination of Sales at Less Than Fair Value:
Diamond Sawblades and Parts Thereof From the Republic of Korea
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: March 24, 2010.
FOR FURTHER INFORMATION CONTACT: David Layton or Brandon Farlander,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-0371 or (202) 482-0182,
respectively.
SUPPLEMENTARY INFORMATION:
Amendment to Final Determination
In accordance with sections 735(a) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), on May 22, 2006, the Department of
Commerce (``the Department'') published its notice of final
determination of sales at less than fair value (``LTFV'') in the
investigation of diamond sawblades and parts thereof (``DSB'') from the
Republic of Korea (``Korea''). See Notice of Final Determination of
Sales at Less Than Fair Value and Final Determination of Critical
Circumstances: Diamond Sawblades and Parts Thereof from the Republic of
Korea, 71 FR 29310 (May 22, 2006) (``Final Determination''). On May 24,
2006, we received allegations, timely filed pursuant to 19 CFR
351.224(c)(2), from Ehwa Diamond Industrial Co., Ltd. (``Ehwa'') and
Shinhan Diamond Industrial Co., Ltd. (``Shinhan'') that the Department
made ministerial errors with respect to its final determination dumping
margin calculations.
A ministerial error, as defined in section 751(h) of the Act,
includes ``errors in addition, subtraction, or other arithmetic
function, clerical errors resulting from inaccurate copying,
duplication, or the like, and any other type of unintentional error
which the (Secretary) considers ministerial.'' See also 19 CFR
351.224(f). After analyzing Ehwa and Shinhan's submissions, we
determined, in accordance with 19 CFR 351.224(e), that we inadvertently
failed to grant Ehwa and Shinhan a constructed export price offset. Our
correction of these errors results in revised margins for Ehwa and
Shinhan. We have revised the calculation of the ``All Others'' rate
accordingly.
The Department provides a detailed discussion of all ministerial
errors alleged by Ehwa and Shinhan, as well as the Department's
analysis in the June 28, 2006, memorandum from the team to Thomas F.
Futtner, Acting Office Director, entitled, ``Ministerial Error
Allegations in the Final Determination of the Antidumping Duty
Investigation on Diamond Sawblades and Parts Thereof from the Republic
of Korea'' (``June 28, 2006 Ministerial Errors Memo'').
During the original investigation, the U.S. International Trade
Commission (``ITC'') published its final determination that an industry
in the United States was not materially injured or threatened with
material injury by reason of imports of DSB from the People's Republic
of China (``PRC'') and Korea.\1\ Therefore, with regard to DSB from
Korea, the Department did not publish an amended final determination
reflecting its ministerial error findings. Subsequently, the
petitioners challenged the ITC's final negative injury determination,
and on February 6, 2008, the U.S. Court of International Trade
(``CIT'') remanded the determination to the ITC for reconsideration.\2\
Upon remand, the ITC changed its determination and found that a U.S.
industry is threatened with material injury by reason of imports of DSB
from the PRC and Korea.\3\
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\1\ See Diamond Sawblades and Parts Thereof From China and
Korea, 71 FR 39128 (July 11, 2006) (``ITC Final Determination'').
\2\ See Diamond Sawblades Mfr's Coalition v. United States, No.
06-247, Slip Op. 2008-18 (CIT February 6, 2008).
\3\ See Diamond Sawblades and Parts Thereof from China and
Korea: Investigation Nos. 731-TA-1092 and 1093 (Final)(Remand),
USITC Pub. 4007 (May 2008).
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On November 4, 2009, the Department published antidumping duty
orders and ordered the collection of cash deposits on subject
merchandise covered by the orders. 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) (``DSB
Orders''). Because the Department had not yet published an amended
final determination based on the recommendations of its June 28, 2006
Ministerial Errors Memo, the Department applied cash deposit rates from
the Final Determination in the DSB Orders. The Department provides a
complete description of the sequence of events leading up to the
issuance of the orders in the DSB Orders with references provided for
the relevant decisions and notices issued by the ITC, the Department,
and the CIT.
[[Page 14127]]
In accordance with the Department's findings in the June 28, 2006
Ministerial Errors Memo and 19 CFR 351.224(e), we are amending the
Final Determination. The revised weighted-average dumping margins are
as follows:
------------------------------------------------------------------------
Final
determination Amended
Manufacturer/exporter weighted weighted
average margin average margin
percentage percentage
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Ehwa.................................... 12.76 8.80
Shinhan................................. 26.55 16.88
Hyosung Diamond Industrial Co........... 6.43 6.43
All Others.............................. 16.39 11.10
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we are
directing U.S. Customs and Border Protection (``CBP'') to continue to
suspend liquidation of all entries of DSB from Korea. CBP shall require
a cash deposit equal to the estimated amount by which the normal value
exceeds the U.S. price as indicated in the ``amended weighted-average
margin percentage'' column in the chart above. These instructions
suspending liquidation will remain in effect until further notice. We
will issue separate instructions to CBP authorizing it to refund the
antidumping duty deposits that Ehwa and Shinhan made in excess of the
respective amended antidumping duty margins for these manufacturer/
exporters since January 23, 2009, the effective date for suspension of
liquidation under the DSB Orders. We will also issue instructions to
CBP authorizing it to refund the antidumping duty deposits companies
subject to the all-others rate made in excess of the amended All Others
rate since January 23, 2009.
Critical Circumstances
In the Final Determination, the Department determined that critical
circumstances existed with respect to Shinhan and the ``All Others''
rate. On July 11, 2006, the ITC published its final determination that
an industry in the United States was not materially injured or
threatened with material injury by reason of imports of DSB from the
PRC and Korea.\4\ Pursuant to the ITC's original final determination,
the Department instructed CBP to lift suspension of liquidation on all
entries subject to the investigation. Accordingly, all entries of
subject merchandise, including those entered 90 days before the
imposition of provisional measures, were liquidated and the issue of
critical circumstances is moot.
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\4\ See ITC Final Determination.
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This amended determination is issued and published pursuant to
section 735(d) of the Act.
Dated: March 18, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-6530 Filed 3-23-10; 8:45 am]
BILLING CODE 3510-DS-P