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Federal Register / Vol. 70, No.

118 / Tuesday, June 21, 2005 / Notices 35625

EFFECTIVE DATE: June 21, 2005. Scope of the Order DEPARTMENT OF COMMERCE
For a complete description of the International Trade Administration
Patrick Edwards or Abdelali Elouaradia,
AD/CVD Operations, Office 7, Import scope of the order, see Certain Cut–to-
Length Carbon Steel Plate from [A–570–900 and A–580–855]
Administration, International Trade
Administration, U.S. Department of Romania: Notice of Final Results and Initiation of Antidumping Duty
Commerce, 14th Street and Constitution Final Partial Rescission of Antidumping Investigations: Diamond Sawblades
Avenue, NW, Washington, DC 20230; Duty Administrative Review, 70 FR and Parts Thereof from the People’s
telephone (202) 482–8029 or (202) 482– 12651 (March 15, 2005). Republic of China and the Republic of
1374, respectively. Final Results of Changed Korea
SUPPLEMENTARY INFORMATION: Circumstances Review AGENCY: Import Administration,
Background International Trade Administration,
For the reasons stated in the
On August 19, 1993, the Department Department of Commerce.
Preliminary Results, and because we
published in the Federal Register the EFFECTIVE DATE: June 21, 2005.
received no comments to the contrary,
antidumping duty order on carbon steel we continue to find that Mittal Steel is FOR FURTHER INFORMATION CONTACT:
plate from Romania. See Notice of the successor–in-interest to Sidex. We Catherine Bertrand, Carrie Blozy (China)
Antidumping Duty Order: Certain Cut– will instruct U.S. Customs and Border or Mark Manning (Korea), AD/CVD
to-Length Carbon Steel Plate from Protection (‘‘CBP’’) to apply the cash Operations, Import Administration,
Romania, 58 FR 44167 (August 19, deposit rate determination in this International Trade Administration,
1993) (‘‘Order’’). On March 14, 2005, changed circumstances review to all U.S. Department of Commerce, 14th
Mittal Steel submitted a letter stating Street and Constitution Avenue, NW,
entries of the subject merchandise
that it is the successor–in-interest to Washington, DC 20230; telephone: (202)
entered, or withdrawn from warehouse,
Sidex and, as such, is entitled to receive 482–3207, (202) 482–5403 and (202)
for consumption on or after the date of
the same antidumping duty treatment 482–5253, respectively.
previously accorded to Sidex. See publication of the final results of this
Certain Cut–to-Length Carbon Steel changed circumstances review. See
Plate from Romania: Notice of Final Granular Polytetrafluoroethylene Resin The Petitions
Results and Final Partial Rescission of from Italy: Final Results of Antidumping On May 3, 2005, the Department of
Antidumping Duty Administrative Duty Changed Circumstances Review, Commerce (‘‘Department’’) received
Review, 70 FR 12651 (March 15, 2005). 68 FR 25327 (May 12, 2003). The cash petitions on imports of diamond
In that same letter, Mittal Steel deposit rate shall remain in effect until sawblades and parts thereof (‘‘diamond
explained that on February 7, 2005, publication of the final results of the sawblades’’) from the People’s Republic
Sidex changed its corporate name to next administrative review in which of China (‘‘PRC’’) and the Republic of
Mittal Steel, following the approval of Mittal Steel participates. Korea (‘‘Korea’’) filed in proper form by
the name change by Sidex’s General This notice also serves as a reminder the Diamond Sawblade Manufacturers’
Meeting of Shareholders on January 10, to parties subject to administrative Coalition (‘‘Petitioner’’) on behalf of the
2005. Mittal provided record evidence protective order (APO) of their domestic industry and workers
indicating that the name change was responsibility concerning the producing diamond sawblades. The
unconditionally recorded and approved disposition of proprietary information period of investigation (‘‘POI’’) for the
by the Trade Register Office of the Galati disclosed under APO in accordance PRC is October 1, 2004, through March
Tribunal and the National Office of the 31, 2005. The POI for Korea is April 1,
with 19 CFR 351.305(a)(3). Timely
Trade Registry, a bureau of the 2004, through March 31, 2005.
written notification of the return/
Romanian Ministry of Justice, on In accordance with section 732(b) of
February 7, 2005. In the March 14, 2005, destruction of APO materials or
the Tariff Act of 1930, as amended (‘‘the
letter, Mittal Steel also requested that conversion to judicial protective order is
Act’’), Petitioner alleged that imports of
the Department conduct an expedited hereby requested. Failure to comply diamond sawblades from the PRC and
changed circumstances review of the with the regulations and the terms of Korea are being, or are likely to be, sold
antidumping duty order on carbon steel APO is a sanctionable violation. in the United States at less than fair
plate from Romania pursuant to section This notice is in accordance with value within the meaning of section 731
751(b)(1) of the Tariff Act (‘‘the Act’’), sections 751(b)(1) and 777(i)(1) of the of the Act, and that such imports are
as amended, and 19 CFR Act, and 19 CFR 351.216. materially injuring and threaten to
351.221(c)(3)(ii). Because the record injure an industry in the United States.
Dated: June 13, 2005.
evidence supporting Mittal Steel’s claim
was sufficient, the Department found Joseph A. Spetrini, Scope of Investigations
that an expedited review was Acting Assistant Secretary for Import The products covered by these
practicable and, on May 3, 2005, issued Administration. investigations are all finished circular
a combined notice of initiation with the [FR Doc. E5–3216 Filed 6–20–05; 8:45 am] sawblades, whether slotted or not, with
preliminary results. See Preliminary BILLING CODE 3510–DS–S a working part that is comprised of a
Results. diamond segment or segments, and
In its Preliminary Results, the parts thereof, regardless of specification
Department provided the interested or size, except as specifically excluded
parties with an opportunity to comment below. Within the scope of these
or request a public hearing regarding the investigations are semifinished diamond
Department’s finding that Mittal Steel is sawblades, including diamond sawblade
the successor–in-interest to Sidex. No cores and diamond sawblade segments.
comments were submitted, nor was a Diamond sawblade cores are circular
public hearing requested. steel plates, whether or not attached to

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35626 Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Notices

non–steel plates, with slots. Diamond comments within 20 calendar days of determination is subject to limitations of
sawblade cores are manufactured publication of this initiation notice. time and information. Although this
principally, but not exclusively, from Comments should be addressed to may result in different definitions of the
alloy steel. A diamond sawblade Import Administration’s Central like product, such differences do not
segment consists of a mixture of Records Unit in Room 1870, U.S. render the decision of either agency
diamonds (whether natural or synthetic, Department of Commerce, 14th Street contrary to law. See USEC, Inc. v.
and regardless of the quantity of and Constitution Avenue, NW, United States, 132 F. Supp. 2d 1, 8 (CIT
diamonds) and metal powders Washington, DC 20230 - Attn: Mark 2001), citing Algoma Steel Corp. Ltd. v.
(including, but not limited to, iron, Manning. The period of scope United States, 688 F. Supp. 639, 642–44
cobalt, nickel, tungsten carbide) that are consultations is intended to provide the (CIT 1988).
formed together into a solid shape (from Department with ample opportunity to Section 771(10) of the Act defines the
generally, but not limited to, a heating consider all comments and consult with domestic like product as ‘‘a product
and pressing process). interested parties prior to the issuance which is like, or in the absence of like,
Sawblades with diamonds directly of the preliminary determinations. most similar in characteristics and uses
attached to the core with a resin or with, the article subject to an
electroplated bond, which thereby do Determination of Industry Support for investigation under this title.’’ Thus, the
not contain a diamond segment, are not the Petitions reference point from which the
included within the scope of the Section 732(b)(1) of the Act requires domestic like product analysis begins is
investigations. Diamond sawblades and/ that a Petition be filed by or on behalf ‘‘the article subject to an investigation,’’
or sawblade cores with a thickness of of the domestic industry. In order to i.e., the class or kind of merchandise to
less than 0.025 inches, or with a determine whether a petition has been be investigated, which normally will be
thickness greater than 1.1 inches, are filed by or on behalf of the industry the the scope as defined in the Petition.
excluded from the scope of the Department, pursuant to section With regard to the domestic like
investigations. Circular steel plates that 732(c)(4)(A) of the Act, determines product, Petitioner does not offer a
have a cutting edge of non–diamond whether a minimum percentage of the definition of domestic like product
material, such as external teeth that relevant industry supports the Petition. distinct from the scope of the
protrude from the outer diameter of the A Petition meets this requirement if the investigations. Based on our analysis of
plate, whether or not finished, are domestic producers or workers who the information submitted in the
excluded from the scope of these support the Petition account for: (i) at Petitions, we have determined there is
investigations. Diamond sawblade cores least 25 percent of the total production a single domestic like product, diamond
with a Rockwell C hardness of less than of the domestic like product; and (ii) sawblades, which is defined further in
25 are excluded from the scope of the more than 50 percent of the production the ‘‘Scope of the Investigations’’
petition. Diamond sawblades and/or of the domestic like product produced section above, and we have analyzed
diamond segment(s) with diamonds that by that portion of the industry industry support in terms of that
predominantly have a mesh size number expressing support for, or opposition to, domestic like product.
greater than 240 (such as 250 or 260) are the Petition. Moreover, section Based on information provided in the
excluded from the scope of the 732(c)(4)(D) of the Act provides that, if Petitions, the share of total estimated
investigations. the Petition does not establish support U.S. production of the domestic like
Merchandise subject to these of domestic producers or workers product in calendar year 2004
investigations is typically imported accounting for more than 50 percent of represented by Petitioner did not
under heading 8202.39.00.00 of the the total production of the domestic like account for more than 50 percent of the
Harmonized Tariff Schedule of the product, the Department shall: (i) poll total production of the domestic like
United States (‘‘HTSUS’’). When the industry or rely on other product. Therefore, in accordance with
packaged together as a set for retail sale information in order to determine if 732(c)(4)(D) of the Act, we polled the
with an item that is separately classified there is support for the Petition, as industry. See Notice of Request for
under headings 8202 to 8205 of the required by subparagraph (A), or (ii) Information and Extension of the
HTSUS, diamond sawblades or parts determine industry support using a Deadline for Determining the Adequacy
thereof may be imported under heading statistically valid sampling method. of the Petitions for: Diamond Sawblades
8206.00.00.00 of the HTSUS. The tariff Section 771(4)(A) of the Act defines and Parts Thereof From the People’s
classification is provided for the ‘‘industry’’ as the producers of a Republic of China and the Republic of
convenience and U.S. Customs and domestic like product. Thus, to Korea, 70 FR 29478 (May 23, 2005).
Border Protection purposes; however, determine whether a Petition has the On May 18, 20, 23, and 25, 2005, we
the written description of the scope of requisite industry support, the statute issued polling questionnaires to all
these investigations is dispositive. directs the Department to look to known producers of diamond sawblades
producers and workers who produce the identified in the Petitions, submission
Comments on Scope of Investigations domestic like product. The International from other interested parties, and found
During our review of the Petitions, we Trade Commission (‘‘ITC’’), which is on the internet by the Department. The
discussed the scope with Petitioner to responsible for determining whether questionnaires are on file in the Central
ensure that it accurately reflects the ‘‘the domestic industry’’ has been Records Unit (‘‘CRU’’) in room B–099 of
product for which the domestic industry injured, must also determine what the main Department of Commerce
is seeking relief. Moreover, as discussed constitutes a domestic like product in building. Additionally, the
in the preamble to the Department’s order to define the industry. While both questionnaires were available on the
regulations, we are setting aside a the Department and the ITC must apply Import Administration website. We
period for interested parties to raise the same statutory definition regarding requested that each company complete
issues regarding product coverage. See the domestic like product (section the polling questionnaire and certify
Antidumping Duties; Countervailing 771(10) of the Act), they do so for their responses by faxing their responses
Duties; Final Rule, 62 FR 27295, 27323 different purposes and pursuant to a to the Department by the due date. Late
(1997). The Department encourages all separate and distinct authority. In responses were not included in our
interested parties to submit such addition, the Department’s analysis. For a detailed discussion of the

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Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Notices 35627

responses received please see the quotation to the PRC. See proprietary and 2) the production of the finished
Initiation Checklists at Attachment I. PRC Initiation Checklist. diamond blade, which includes the
Our analysis of the data indicates that Normal Value production of diamond segments.
the domestic producers of diamond Petitioner asserted that the PRC is a Petitioner stated that Chinese
sawblades who support the Petitions non–market economy (‘‘NME’’) and no manufacturers of diamond sawblades
account for at least 25 percent of the determination to the contrary has yet may either produce both cores and
total production of the domestic like been made by the Department. In finished blades, or may purchase
product and more than 50 percent of the previous investigations, the Department sawblade cores from other Chinese
production (by U.S. dollar sales value) has determined that the PRC is a NME. entities. See Petition Vol. II at 12. In
of the domestic like product produced See Notice of Final Determination of building–up the factors of production,
by that portion of the industry Sales at Less Than Fair Value: Petitioner started with a complete core
expressing support for, or opposition to, Magnesium Metal from the People’s as the primary input in finished
the Petition. See Initiation Checklist at Republic of China, 70 FR 9037 diamond sawblades.
Attachment I. Accordingly, the (February 24, 2005), Notice of Final Petitioner provided a dumping margin
Department determines that the Determination of Sales at Less Than calculation using the Department’s NME
industry support requirements of Fair Value: Certain Tissue Paper methodology as required by 19 CFR
section 732(c)(4)(A) of the Act have Products from the People’s Republic of 351.202(b)(7)(i)(C). See Petition at
been met. Therefore, the Department China, 70 FR 7475 (February 14, 2005), Exhibit II–21, see also, June 1, 2005,
determines that Petitioner filed these and Notice of Final Determination of Amendment to the Petition, at Exhibit 3,
petitions on behalf of the domestic Sales at Less Than Fair Value: Certain and June 8, 2005, Amendment to the
industry because it is an interested party Frozen and Canned Warmwater Shrimp Petition, at Exhibit 4. To determine the
from the People’s Republic of China, 69 quantities of inputs used by the PRC
as defined in section 771(9)(F) of the
FR 70997 (December 8, 2004). In producers to produce a finished
Act and it has demonstrated sufficient
accordance with section 771(18)(C)(i) of diamond sawblade, Petitioner relied on
industry support with respect to the
the Act, the presumption of NME status the production experience and actual
antidumping investigations that it is
remains in effect until revoked by the consumption rates of a U.S. diamond
requesting the Department initiate. See
Department. The presumption of NME sawblade producer for the period
Initiation Checklists at Attachment I
status for the PRC has not been revoked October 2004 through March 2005.
(Industry Support).
by the Department and remains in effect Petitioner stated that the product
U.S. Price and Normal Value for purposes of the initiation of this selected was chosen because it is
investigation. Accordingly, the normal commonly offered for sale by Chinese
The following is a description of the value (‘‘NV’’) of the product is producers and sold in the United States.
allegation of sales at less than fair value appropriately based on factors of See Petition Vol. II at 3.
upon which the Department based its production valued in a surrogate market In accordance with section 773(c)(4)
decision to initiate these investigations economy country in accordance with of the Act, Petitioner valued factors of
on Korea and the PRC. The sources of section 773(c) of the Act. In the course production, where possible, on
data for the deductions and adjustments of this investigation, all parties will reasonably available, public surrogate
relating to the U.S. price, home–market have the opportunity to provide relevant country data. To value certain factors of
price (Korea only) and the factors of information related to the issues of the production, Petitioner used official
production (PRC only) are also PRC’s NME status and the granting of Indian government import statistics,
discussed in the country–specific separate rates to individual exporters. excluding those values from countries
Initiation Checklist. See Korea Initiation Petitioner selected India as the previously determined by the
Checklist and PRC Initiation Checklist. surrogate country. Petitioner argued Department to be NME countries and
Should the need arise to use any of this that, pursuant to section 773(c)(4) of the excluding imports into India from
information as facts available under Act, India is an appropriate surrogate Indonesia, Korea and Thailand, because
section 776 of the Act in our because it is a market–economy country the Department has previously excluded
preliminary or final determinations, we that is at a comparable level of prices from these countries because they
may reexamine the information and economic development to the PRC and maintain broadly–available, non–
revise the margin calculations, if is a significant producer and exporter of industry specific export subsidies. See
appropriate. diamond sawblades. See Petition, Vol. II Automotive Replacement Glass
PRC at 9 and 10. Based on the information Windshields From the People’s Republic
provided by Petitioner, we believe that of China: Final Results of
Export Price its use of India as a surrogate country is Administrative Review, 69 FR 61790
Petitioner based export price on a appropriate for purposes of initiating (October 21, 2004), and accompanying
price quotation from a Chinese this investigation. After the initiation of Issues and Decision Memorandum at
producer/exporter of diamond the investigation, we will solicit Comment 5.
sawblades. Based on information comments regarding surrogate country For inputs valued in Indian rupees
provided by the Petitioner, contained in selection. Also, pursuant to 19 CFR and not contemporaneous with the POI,
a price quote sheet from a Chinese 351.301(c)(3)(i) of the Department=s Petitioner used information from the
producer/exporter of diamond regulations, interested parties will be wholesale price indices (‘‘WPI’’) in
sawblades, the Department recalculated provided an opportunity to submit India as published by the International
the price. See proprietary PRC Initiation publicly available information to value Monetary Fund in the International
Checklist for details of recalculation. factors of production within 40 days Financial Statistics to determine the
The Department deducted from this after the date of publication of the appropriate adjustments for inflation. In
price the costs associated with exporting preliminary determination. addition, Petitioner made currency
and delivering the product, including Petitioner explained that the conversions, where necessary, based on
freight expense, inland insurance, and production process for diamond the average rupee/U.S. dollar exchange
brokerage and handling. The sawblades takes place in two stages: 1) rate for the POI as reported on the
Department adjusted this price the production of diamond blade cores; Department’s website.

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35628 Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Notices

To value electricity, the Petitioner inherently conservative approach; and obtain the actual supplier distances to
relied on information collected by the finally, (6) that using either the MSFTI the Chinese producer, and instead used
International Energy Agency during the or infodrive data source provide the distance from the port of exportation
year 2000 concerning prices paid by adequate evidence of dumping at the to the Chinese company, 265 kilometers,
industrial users. Petitioner revised this initiation stage, we find that for to calculate raw material supplier
data to adjust for inflation using the initiation purposes in this instance, it is freight expense. As the Petitioner was
Indian WPI in effect during the POI. appropriate to use Petitioners’ unable to provide reasonably available
To value cores as an input of finished submitted infodrive data to value cores. information to demonstrate that 265
diamond saw blades, Petitioner utilized However, should the need arise to use kilometers was the shorter of the two
imports of cores imported into India the petition margin as facts available distances, see May 11, 2005,
during the period October 2004 through under section 776 of the Act in our Amendment to the Petition at 7, the
March 2005 as reported by preliminary or final determinations, we Department removed all supplier freight, which is a will re–examine the valuation of cores expenses from the NV calculation.
fee–based website providing Indian for the purposes of relying on the Based on comparisons of EP to NV,
customs data. See June 8, 2005, petition margin. calculated in accordance with section
Amendment to the Petition at 2. The Department calculates and 773(c) of the Act, the estimated
Petitioner explained that it excluded publishes the surrogate values for labor recalculated dumping margin for
from the calculation Indian imports of to be used in NME cases. Therefore, to diamond sawblades from the PRC is
cores with average unit values above Rs. value labor, Petitioner used a labor rate 164.09 percent.
1500.00 because cores above this price of $0.93 per hour, in accordance with
point are likely to be larger than the the Department’s regulations. See 19
models examined in the Petition. We CFR 351.408(c)(3) and Petition Vol. II at Constructed Export Price
note that the infodrive data submitted 20. Petitioner based U.S. price on
by Petitioner, which for some Petitioner calculated surrogate constructed export price (‘‘CEP’’)
observations indicates the size of the financial ratios (overhead, SG&A and because it stated that Korean producers
cores, demonstrates that cores above profit) using information obtained from of diamond blades typically sell subject
1500 Rs are likely to be a larger size. the Reserve Bank of India publication merchandise through affiliated trading
Petitioner did not include imports from Reserve Bank of Indian Bulletin companies. See Volume III of the
NME countries and from Thailand, published in August 2004, for the Petition at page 2. Specifically,
Korea, and Indonesia. Petitioner period 2002–2003. Petitioner stated that Petitioner calculated CEP based on
explained that the infodrive data is one it was unable to obtain financial reports offers of diamond sawblades
of the only publicly available data from an Indian diamond sawblade manufactured in Korea by Ehwa
sources for import values which permits producer. See Petition Vol. II at 22. The Diamond Industrial Tool Co., Ltd.
disaggregation at a detailed level and is Department agrees with Petitioner’s (‘‘Ehwa’’), a large Korean manufacturer
the best information reasonably contention that, in the absence of of diamond sawblades, and offered for
available to Petitioner to obtain product surrogate financial data for the specific sale in the United States by General
specific information to value sawblade subject merchandise, the Department Tool, Inc. (‘‘General Tool’’), Ehwa’s U.S.
cores for finished sawblades. may consider other financial data, such sales affiliate. See Supplement to the
While Petitioner previously submitted as the Reserve Bank of India Bulletin. Petition, dated May 13, 2005 at Exhibit
Indian import statistics from the Indian See Heavy Forged Hand Tools, Finished 6. Petitioner identified two sizes of
Ministry of Commerce publication or Unfinished, With or Without Handles, diamond sawblades commonly sold in
Monthly Statistics of the Foreign Trade From the People’s Republic of China: the U.S. market and obtained price
of India (‘‘MSFTI’’) to value cores, we Preliminary Results of Administrative quotes for each size from General Tool.
noted that the applicable HTS category Reviews and Preliminary Partial Id. Petitioner calculated net U.S. prices
(8202.39.00), can include both cores and Rescission of Antidumping Duty by deducting ocean freight/insurance,
finished diamond sawblades. See June Administrative Reviews, 70 FR 11934 harbor maintenance tax and
1, 2005, Amendment to the Petition at (March 10, 2005). In this case, the merchandise processing fee, U.S.
2. We find that the use of the MSFTI Department has accepted the financial domestic freight, imputed credit
import data could result in a potential information from the Reserve Bank of expense, commission fees, and an
under–statement or over–statement of India Bulletin for the purposes of amount for CEP profit. Id. at Exhibit 7.
normal value depending on the relative initiation, because these data appear to The petitioner made no adjustments to
composition of cores to other be the best information on such CEP for packing expenses. Id. at page
merchandise imported under this HTS expenses currently available to 20.
category. Given: (1) that the record Petitioner. We reviewed Petitioner’s data and
currently contains insufficient detail to The Department’s practice in NME adjusted its calculation of CEP by
resolve this potential drawback proceedings is to add to surrogate values disallowing the deduction of
regarding the MSFTI data; (2) that the based on import statistics a surrogate commission fees from the starting U.S.
infodrive data, although it may be freight cost calculated using the shorter price. Specifically, Petitioner did not
incomplete, appears to be both specific of the reported distance from the adjust NV for commission fees because
to the input in question as well as domestic supplier to the factory or the it stated that sales in the Korean market
contemporaneous; (3) that there is no distance from the nearest seaport to the were offered for sale directly by Ehwa
better data currently on the record to factory. This adjustment is in with no distributor involved. See
value this input; (4) that the statutory accordance with the Court of Appeals Volume III of the Petition at Exhibit III–
standard Petitioner bears at initiation for the Federal Circuit’s decision in 13. For CEP sales, Petitioner states that
involving the provision of data Sigma Corp. v. United States, 117 F. 3d General Tool sells sawblades to end–
reasonably available to it appears to be 1401, 1408 (Fed. Cir. 1997). Here, the users, distributors, and U.S. producers
satisfied by the infodrive data; (5) that Department has adjusted Petitioner’s NV of diamond blades. See Supplement to
Petitioner’s methodology of disregarding calculation to remove the raw material the Petition, dated May 13, 2005 at
higher–valued importations is an freight expense. Petitioner was unable to Exhibit 6. Further, Petitioner’s U.S.

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Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Notices 35629

price quotes are based upon a Allegations and Evidence of Material of diamond sawblades from the PRC
negotiation of sales terms between a Injury and Causation that they must submit a separate–rates
petitioning U.S. company and an With regard to the PRC and Korea, application within 60 calendar days of
employee of General Tool. Id. Based Petitioner alleges that the U.S. industry the date of publication of this initiation
upon the affidavit provided in Exhibit 6 producing the domestic like product is notice in the Federal Register. All
of the Supplement to the Petition, dated being materially injured, or is potential respondents should also bear
May 13, 2005, it is reasonable to infer threatened with material injury, by in mind that firms to which the
that the sales offers in the United States reason of the individual and cumulated Department issues a Quantity and Value
were negotiated and offered without the imports of the subject merchandise sold (‘‘Q&V’’) questionnaire must respond
benefit of an outside sales agent. at less than NV. Petitioner contends that both to this questionnaire and to the
Therefore, since the price quotes the industry’s injured condition is separate–rates application by the
obtained in the Korean market were illustrated by the decline in customer respective deadlines in order to receive
directly from the Korean manufacturer, base, market share, domestic shipments, consideration for a separate–rate status.
and the price quotes obtained in the prices and profit. We have assessed the In other words, the Department will not
U.S. market were directly from the allegations and supporting evidence
Korean manufacturer’s affiliate, the give consideration to any separate rate–
regarding material injury and causation, status application made by parties that
Department is disallowing the and we have determined that these
adjustment for commission fees. See were issued a Q&V questionnaire by the
allegations are properly supported by Department but failed to respond to that
Checklist at Attachments IV and V for adequate evidence and meet the
the re–calculation of CEP and the questionnaire within the established
statutory requirements for initiation. See deadline. The particular separate–rate
dumping margins. Initiation Checklists.
Normal Value status application for this investigation
To calculate NV, Petitioner provided Separate Rates and Quantity and Value is available on the Department’s web
two price quotes, for two different sizes Questionnaire site
of diamond sawblades, obtained The Department recently modified the Use of Combination Rates in an NME
through foreign market research process by which exporters and Investigation
regarding products manufactured by producers may obtain separate–rate
Ehwa and offered for sale in the Korean status in NME investigations. This The Department will calculate
market. See Volume III of the Petition at change is described in Policy Bulletin combination rates for certain
pages 14–15 and Exhibit III–13. These 05.1: Separate–Rates Practice and respondents that are eligible for a
sales prices were offered by Ehwa Application of Combination Rates in separate rate in this investigation. The
without the involvement of a distributor Antidumping Investigations involving Separate Rates and Combination Rates
or agent. Id. Petitioner did not deduct Non–Market Economy Countries, (April Bulletin, states:
imputed credit expense from NV due to 5, 2005), (‘‘Policy Bulletin 05.1’’)
a business proprietary reason. See Korea ‘‘(w)hile continuing the practice of
available at
Initiation Checklist for a discussion of assigning separate rates only to
Although the process has changed, now
this issue. Petitioner made no requiring submission of a separate–rate exporters, all separate rates that the
adjustment to the prices quotes, nor did status application, the standard for Department will now assign in its
it adjust NV for packing expenses. See eligibility for a separate rate (which is NME investigations will be specific
Volume III of the Petition at page 15; see whether a firm can demonstrate an to those producers that supplied the
Supplement to the Petition, dated May absence of both de jure and de facto exporter during the period of
13, 2005 at page 20. governmental control over its export investigation. Note, however, that
Based on a comparison of CEP to NV, activities) has not changed. one rate is calculated for the
calculated in accordance with section The specific requirements for exporter and all of the producers
773(a) of the Act, the estimated submitting a separate–rates application which supplied subject
recalculated dumping margin for are outlined in detail in the application merchandise to it during the period
diamond sawblades from Korea is 63.61 itself, and in Policy Bulletin 05.1, which of investigation. This practice
percent to 67.59 percent. is also available on the Department’s applies both to mandatory
website at respondents receiving an
Fair Value Comparisons
bull05–1.pdf. Regarding deadlines, individually calculated separate
Based on the data provided by Policy Bulletin 05.1 explains that ‘‘(a)ll rate as well as the pool of non–
Petitioner, there is reason to believe that applications are due sixty calendar days investigated firms receiving the
imports of diamond sawblades from the after publication of the initiation notice. weighted–average of the
PRC and Korea are being, or are likely This deadline applies equally to NME– individually calculated rates. This
to be, sold in the United States at less owned and wholly foreign–owned firms practice is referred to as the
than fair value. Based upon for completing the applicable provisions application of ‘‘combination rates’’
comparisons of export price to the NV, of the application and for submitting the because such rates apply to specific
calculated in accordance with section required supporting documentation.’’ combinations of exporters and one
773(c) of the Act, the estimated See Policy Bulletin 05.1 at page 5.
or more producers. The cash–
recalculated dumping margin for The deadline for submitting a
deposit rate assigned to an exporter
diamond sawblades from the PRC is separate–rates application applies
will apply only to merchandise
164.09 percent. Based upon equally to NME–owned firms, wholly
comparisons of CEP to the NV, foreign–owned firms, and foreign sellers both exported by the firm in
calculated in accordance with section who purchase the subject merchandise question and produced by a firm
773(c) of the Act, the estimated and export it to the United States. that supplied the exporter during
recalculated dumping margins for Therefore, this notice constitutes public the period of investigation.’’
diamond sawblades from Korea range notification to all firms eligible to seek Separate Rates and Combination Rates
from 63.61 percent to 67.59 percent. separate–rate status in the investigation Bulletin, at page 6.

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35630 Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Notices

Initiation of Antidumping SUMMARY: As a result of the however, the written description

Investigations determinations by the Department of remains dispositive.
Based upon our examination of the Commerce (‘‘the Department’’) and the
Petitions on diamond sawblades and International Trade Commission (‘‘ITC’’)
that revocation of the antidumping duty As a result of the determinations by
parts thereof from the PRC and Korea,
order on potassium permanganate from the Department and the ITC that
we find that these Petitions meet the
the People’s Republic of China revocation of this antidumping duty
requirements of section 732 of the Act.
(‘‘China’’) would likely lead to order would likely lead to continuation
Therefore, we are initiating
continuation or recurrence of dumping, or recurrence of dumping and material
antidumping duty investigations to
and material injury to an industry in the injury to an industry in the United
determine whether imports of diamond
United States, the Department is States, pursuant to section 751(d)(2) of
sawblades from the PRC and Korea are
publishing notice of the continuation of the Act, the Department hereby orders
being, or are likely to be, sold in the
this antidumping duty order. the continuation of the antidumping
United States at less than fair value.
EFFECTIVE DATE: June 21, 2005. duty order on potassium permanganate
Unless postponed, we will make our
from China.
preliminary determinations no later U.S. Customs and Border Protection
than 140 days after the date of these Martha V. Douthit or Dana Mermelstein,
will continue to collect antidumping
initiations. AD/CVD Operations, Office 6, Import
duty deposits at the rates in effect at the
Administration, International Trade time of entry for all imports of subject
Distribution of Copies of the Petition
Administration, U.S. Department of merchandise. The effective date of
In accordance with section Commerce, 14th Street and Constitution
732(b)(3)(A) of the Act, a copy of the continuation of this order will be the
Avenue, NW, Washington, DC 20230; date of publication in the Federal
public version of the Petition has been telephone: (202) 482–5050 or (202) 482–
provided to the Government of the PRC Register of this Notice of Continuation.
1391, respectively. Pursuant to section 751(c)(2) and
and the Government of Korea. SUPPLEMENTARY INFORMATION: 751(c)(6)(A) of the Act, the Department
International Trade Commission Background intends to initiate the next five-year
Notification review of this order not later than May
On October 1, 2004, the Department 2010.
We have notified the International initiated and the ITC instituted a sunset
Trade Commission (‘‘ITC’’) of our This five-year (sunset) review and
review of the antidumping duty order notice are in accordance with section
initiations, as required by section 732(d) on potassium permanganate from China,
of the Act. 751(c) of the Act.
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (‘‘the Act’’).1 Dated: June 9, 2005.
Preliminary Determination by the ITC
As a result of its review, the Department Joseph A. Spetrini,
The ITC will preliminarily determine, Acting Assistant Secretary for Import
within 25 days after the date on which found that revocation of the
antidumping duty order would likely Administration.
it receives notice of these initiations, [FR Doc. E5–3210 Filed 6–20–05; 8:45 am]
whether there is a reasonable indication lead to continuation or recurrence of
that imports of diamond sawblades and dumping and notified the ITC of the BILLING CODE 3510–DS–S

parts thereof from China and Korea are magnitude of the margins likely to
causing material injury, or threatening prevail were the order to be revoked.2
On June 2, 2005, the ITC determined, DEPARTMENT OF COMMERCE
to cause material injury, to a U.S.
industry. See section 733(a)(2) of the pursuant to section 751(c) of the Act, International Trade Administration
Act. A negative ITC determination will that revocation of the antidumping duty
order on potassium permanganate from [A–122–838]
result in the investigations being
terminated; otherwise, these China would likely lead to continuation
or recurrence of material injury to an Notice of Final Results of Antidumping
investigations will proceed according to Duty Changed Circumstances Review:
statutory and regulatory time limits. industry in the United States within a
reasonably foreseeable time.3 Certain Softwood Lumber Products
This notice is issued and published from Canada
pursuant to section 777(i) of the Act. Scope of the Order
Dated: June 13, 2005.
AGENCY: Import Administration,
Imports covered by this antidumping International Trade Administration,
Joseph A. Spetrini, duty order are shipments of potassium Department of Commerce.
Acting Assistant Secretary for Import permanganate, an inorganic chemical SUMMARY: The Department of Commerce
Administration. produced in free–flowing, technical, (the Department) has determined,
[FR Doc. E5–3209 Filed 6–20–05; 8:45 am] and pharmaceutical grades. Potassium pursuant to section 751(b) of the Tariff
BILLING CODE 3510–DS–S permanganate is currently classifiable Act of 1930, as amended (the Act), that
under item 2841.61.00 of the Winton Global Lumber Ltd. (Winton
Harmonized Tariff Schedule (HTS). The Global) is the successor–in-interest to
DEPARTMENT OF COMMERCE HTS item number is provided for The Pas Lumber Company Ltd. (The
convenience and customs purposes; Pas) and, as a result, should be accorded
International Trade Administration
the same treatment previously accorded
1 See Initiation of Five-year (‘‘Sunset’’) Reviews,
[A–570–001] to The Pas in regard to the antidumping
69 FR 58890 (October 1, 2004), and ITC
Investigation No.731-TA-125 (Second Review), 69
order on certain softwood lumber
Continuation of Antidumping Duty products from Canada as of the date of
FR 58955 (October 1, 2004).
Order; Potassium Permanganate from 2 See Potassium Permanganate from the People’s publication of this notice in the Federal
the People’s Republic of China Republic of China; Five Year (‘‘Sunset’’) Review of Register.
Antidumping Duty Order: Final Results, 70 FR
AGENCY: Import Administration, EFFECTIVE DATE: June 21, 2005.
24520 (May 10, 2005).
International Trade Administration, 3 See Investigation No. 731-TA-125 (Second FOR FURTHER INFORMATION CONTACT:
Department of Commerce. Review), 70 FR 32372 (June 2, 2005). Daniel O’Brien or David Neubacher, at

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