[Federal Register Volume 76, Number 4 (Thursday, January 6, 2011)]
[Notices]
[Pages 775-776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-63]
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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.
DATES: Effective Date: January 6, 2011.
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
November 30, 2010, meets the statutory and regulatory requirements for
initiation. The period of review (``POR'') for this NSR is January 23,
2009 through October 31, 2010. In this instance, Hanson Diamond Tools
(Danyang) Co., Ltd. (``Hanson'') made a sale of subject merchandise
during the POR as specified by the Department's regulations.
FOR FURTHER INFORMATION CONTACT: Ricardo Martinez, 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: 202-482-4532.
SUPPLEMENTARY INFORMATION:
Background
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 November 30, 2010, pursuant to
section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended
(``Act''), the Department received an NSR request from Hanson. Hanson's
request was timely made on November 30, 2010, November being the annual
anniversary month of the Antidumping Duty Order. Hanson certified that
it is both the producer and exporter of the subject merchandise upon
which the request was based. Hanson 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), Hanson 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), Hanson certified that, since the
initiation of the investigation, it has never been affiliated with any
Chinese exporter or producer who exported subject merchandise to the
United States during the POI, including those respondents not
individually examined during the POI. As required by 19 CFR
351.214(b)(2)(iii)(B), Hanson also certified that its export activities
were not controlled by the central government of the PRC.
In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv)(A), (B) and (C), Hanson submitted documentation
establishing the following: (1) The date on which Hanson 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.
Period of Review
In accordance with 19 CFR 351.214(g)(1)(ii)(A), the POR for this
NSR is January 23, 2009, through October 31, 2010.\1\ For purposes of
initiation, the Department accepts the contract dated within the POR as
evidence that Hanson had a sale to the United States during the POR.
However, the Department will consider further the proper date in the
context of this NSR and whether that sale occurred during the POR.
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\1\ The POR begins January 23, 2009, because the suspension of
liquidation began on January 23, 2009. See 19 CFR
351.214(g)(1)(ii)(A).
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[[Page 776]]
Initiation of New Shipper Reviews
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR
351.214(d)(1), we find that Hanson meets the threshold requirements for
initiation of an NSR for the shipment of diamond sawblades from the PRC
produced and exported by Hanson. See ``Memorandum to The File from
Ricardo Martinez, Case Analyst, Initiation of AD New Shipper Review:
Certain Diamond Sawblades and Parts Thereof from the People's Republic
of China (A-570-900),'' dated concurrently with this notice.
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 Hanson, which will include a section requesting
information with regard to Hanson's export activities for separate
rates purposes. The review will proceed if the response provides
sufficient indication that Hanson is not subject to either de jure or
de facto government control with respect to its exports of subject
merchandise.
We will instruct U.S. Customs and Border Protection 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 Hanson in accordance with section
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Hanson
certified that it both produced and exported the subject merchandise,
the sale of which is the basis for this NSR request, we will apply the
bonding privilege to Hanson only for subject merchandise which Hanson
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: December 30, 2010.
Edward C. Yang,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2011-63 Filed 1-5-11; 8:45 am]
BILLING CODE 3510-DS-P