AD/CVD message 0024406 - Correction of message 9197307 Notice of final determination of circumvention by Diamond Tools Technology (Thailand) Co., Ltd. of antidumping duty order on diamond sawblades from China (A-570-900 and A-549-994)

0024406
Jan 24, 2020
Active

Effective Date: Dec 01, 2017

Cite as: 84 FR 33920 • Cite date: Jul 16, 2019

Category: Antidumping • Type: CSDEP • Sub type: CIRAF • Cases: A-549-994 A-570-900

1. This is a correction to message 9197307, dated 07/16/2019, to correct paragraph 4 of that message.

2. Paragraph 4c of message 9197307 does not specify the effective date and the cash deposit rate for the products it describes in that message. Paragraph 4a of that message does not instruct parties to file post summary corrections if appropriate. Below is the fully corrected message.

3. On 07/16/2019, Commerce published in the Federal Register its notice of affirmative final determination of circumvention of the antidumping duty (AD) order on diamond sawblades and parts thereof (diamond sawblades) from the People's Republic of China (China) (84 FR 33920) (Final Determination).

4. Scope of the antidumping duty order

The products covered by the order are all finished circular sawblades, whether slotted or not, with a working part that is comprised of a diamond segment or segments, and parts thereof, regardless of specification or size, except as specifically excluded below. Within the scope of the order are semi-finished diamond sawblades, including diamond sawblade cores and diamond sawblade segments. Diamond sawblade cores are circular steel plates, whether or not attached to non-steel plates, with slots. Diamond sawblade cores are manufactured principally, but not exclusively, from alloy steel. A diamond sawblade segment consists of a mixture of diamonds (whether natural or synthetic, and regardless of the quantity of diamonds) and metal powders (including, but not limited to, iron, cobalt, nickel, tungsten carbide) that are formed together into a solid shape (from generally, but not limited to, a heating and pressing process).

Sawblades with diamonds directly attached to the core with a resin or electroplated bond, which thereby do not contain a diamond segment, are not included within the scope of the order. Diamond sawblades and/or sawblade cores with a thickness of less than 0.025 inches, or with a thickness greater than 1.1 inches, are excluded from the scope of the order. Circular steel plates that have a cutting edge of non-diamond material, such as external teeth that protrude from the outer diameter of the plate, whether or not finished, are excluded from the scope of the order. Diamond sawblade cores with a Rockwell C hardness of less than 25 are excluded from the scope of the order. Diamond sawblades and/or diamond segment(s) with diamonds that predominantly have a mesh size number greater than 240 (such as 250 or 260) are excluded from the scope of the order. Merchandise subject to the order is typically imported under heading 8202.39.00.00 of the Harmonized Tariff Schedule of the United States (HTSUS). When packaged together as a set for retail sale with an item that is separately classified under headings 8202 to 8205 of the HTSUS, diamond sawblades or parts thereof may be imported under heading 8206.00.00.00 of the HTSUS. On October 11, 2011, Commerce included the 6804.21.00.00 HTSUS classification number to the customs case reference file, pursuant to a request by CBP. See Diamond Sawblades and Parts Thereof from the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review, 76 FR 76128, 76130 (December 6, 2011). Pursuant to requests by CBP, Commerce included to the customs case reference file the following HTSUS classification numbers: 8202.39.0040 and 8202.39.0070 on January 22, 2015, and 6804.21.0010 and 6804.21.0080 on January 26, 2015. See Diamond Sawblades and Parts Thereof from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2016-2017, 83 FR 64331 (December 14, 2018) and accompanying Issues and Decision Memorandum at 3. The tariff classification is provided for convenience and customs purposes; however, the written description of the scope of the order is dispositive.

5. Scope of the anti-circumvention inquiry

This anti-circumvention inquiry covers diamond sawblades produced in Thailand by Diamond Tools Technology (Thailand) Co., Ltd. (Diamond Tools) from Chinese origin cores and/or Chinese origin segments and subsequently exported to the United States. Diamond sawblades produced in Thailand from both non-Chinese origin cores and non-Chinese origin segments are not covered by the scope of this anti-circumvention inquiry.

6. Suspension of Liquidation

6a. CBP shall suspend liquidation of all unliquidated entries (and entries for which liquidation has not become final) of diamond sawblades produced in Thailand using Chinese-origin cores and Chinese origin segments, that were entered, or withdrawn from warehouse, for consumption on or after 12/01/2017 (date of the initiation of the anticircumvention inquiry) and shall require for such entries an AD cash deposit equal to 82.05 percent of the entered value. Importers should file a Post Summary Correction with CBP, as appropriate, in accordance with CBP's regulations, regarding conversion of such entries from non-AD type entries to AD-type entries.

6b. Case number A-549-994-001 has been created to accommodate entries of diamond sawblades produced in Thailand by Diamond Tools from Chinese origin cores and/or Chinese origin segments that are subject to the AD order on diamond sawblades from China. Any such entries that are set for liquidation should be unset immediately.

6c. Although diamond sawblades assembled or completed in Thailand by Diamond Tools using: (1) Chinese origin cores and non-Chinese origin segments; (2) non-Chinese origin cores and Chinese origin segments; or (3) non-Chinese origin cores and non-Chinese origin segments, are not subject to Commerce's affirmative final determination of circumvention, Commerce's Final Determination states that Diamond Tools is not currently able to identify diamond sawblades produced with non-Chinese origin cores and/or non-Chinese origin segments. CBP shall require cash deposits of 82.05 percent of the entered value on all entries of diamond sawblades produced in Thailand by Diamond Tools and entered, or withdrawn from warehouse, for consumption on or after 12/01/2017.

7. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OI:YJC.)

8. There are no restrictions on the release of this information.

Alexander Amdur