[Federal Register Volume 78, Number 8 (Friday, January 11, 2013)]
[Notices]
[Pages 2363-2365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00452]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-827]


Certain Cased Pencils From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review and 
Intent Not To Revoke Order In Part; 2010-2011

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

SUMMARY: The Department of Commerce (``Department'') is conducting an 
administrative review of the antidumping duty order on certain cased 
pencils (``pencils'') from the People's Republic of China (``PRC''). 
The period of review (``POR'') is December 1, 2010, through November 
30, 2011. The review covers one exporter of subject merchandise, 
Beijing Fila Dixon Stationery Company, Ltd. a/

[[Page 2364]]

k/a Beijing Dixon Ticonderoga Stationery Company, Ltd., a/k/a Beijing 
Dixon Stationery Company, Ltd., and Dixon Ticonderoga Company 
(collectively, ``Dixon''). We preliminarily find that Dixon made sales 
of subject merchandise at less than normal value.

DATES: Effective Date: January 11, 2013.

FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Mary Kolberg, AD/
CVD Operations, Office 1, Import Administration, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-6478 or (202) 482-1785, 
respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise covered by the order includes certain cased pencils 
from the PRC. The subject merchandise is currently classifiable under 
Harmonized Tariff Schedule of the United States (``HTSUS'') subheading 
9609.10.00. Although the HTSUS numbers are provided for convenience and 
customs purposes, the written product description available in 
Antidumping Duty Order: Certain Cased Pencils from the People's 
Republic of China, 59 FR 66909 (December 28, 1994) is dispositive.

Partial Rescission of Review

    For those companies named in the Initiation Notice \1\ for whom all 
review requests have been withdrawn and who previously received 
separate rate status in prior segments of this case, we are rescinding 
this administrative review, in accordance with 19 CFR 351.213(d)(I). 
These companies are listed in Appendix II.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Requests for Revocation in Part, 77 FR 
4759 (January 31, 2012).
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Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act''). 
Export prices have been calculated in accordance with section 772 of 
the Act. Because the PRC is a non-market economy within the meaning of 
section 771(18) of the Act, normal value has been calculated in 
accordance with section 773(c) of the Act. Specifically, Dixon's 
factors of production have been valued in Thailand and Indonesia, both 
of which are economically comparable to the PRC and significant 
producers of comparable merchandise.
    For a full description of the methodology underlying our 
conclusions, see ``Decision Memorandum for Preliminary Results of 2010-
2011 Antidumping Duty Administrative Review: Certain Cased Pencils from 
the People's Republic of China,'' from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty Operations 
to Paul Piquado, Assistant Secretary for Import Administration, dated 
January 2, 2013 (``Preliminary Decision Memorandum'') and hereby 
adopted by this notice. The Preliminary Decision Memorandum is a public 
document and is on file electronically via Import Administration's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (``IA ACCESS''). IA ACCESS is available to registered users at 
http://iaaccess.trade.gov and in the Central Records Unit, room 7046 of 
the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
on the Internet at http://www.trade.gov/ia/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

Intent Not To Revoke Order In Part

    We preliminary find that Dixon has not satisfied the requirements 
of 19 CFR 351.222(b).\2\ Thus, under section 751 of the Act, we 
preliminarily determine not to revoke in part the order with respect to 
Dixon. See Preliminary Decision Memorandum.
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    \2\ The Department recently published a final rule amending this 
section of its regulations concerning the revocation of antidumping 
and countervailing duty orders in whole or in part, but that final 
rule does not apply to this administrative review. See Modification 
to Regulation Concerning the Revocation of Antidumping and 
Countervailing Duty Orders, 77 FR 29875 (May 21, 2012). Reference to 
19 CFR 351.222(b) thus refers to the Department's regulations in 
effect prior to June 20, 2012.
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Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margin exists:

------------------------------------------------------------------------
                                                             Weighted
                                                              average
                        Exporter                              dumping
                                                              margin
                                                             (percent)
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Beijing Fila Dixon Stationery Company, Ltd. a/k/a                  92.46
 Beijing Dixon Ticonderoga Stationery Company, Ltd. a/k/
 a Beijing Dixon Stationery Company, Ltd., and Dixon
 Ticonderoga Company....................................
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department will disclose calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit written comments no later than 30 days 
after the date of publication of these preliminary results of 
review.\3\ Rebuttals to written comments may be filed no later than 
five days after the written comments are filed.\4\
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    \3\ See 19 CFR 351.309(c).
    \4\ See 19 CFR 351.309(d).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\5\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.\6\
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    \5\ See 19 CFR 351.310(c).
    \6\ See 19 CFR 351.310(d).
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    The Department will issue the final results of this administrative 
review, which will include the results of its analysis of issues raised 
in any such comments, within 120 days of publication of these 
preliminary results, pursuant to section 751(a)(3)(A) of the Act.

Deadline for Submission of Publicly Available Surrogate Value 
Information

    In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for 
submission of publicly available information to value factors of 
production under 19 CFR 351.408(c) is 20 days after the date of 
publication of the preliminary results. In accordance with 19 CFR 
351.301(c)(1), if an interested party submits factual information less 
than ten days before, on, or after (if the Department has

[[Page 2365]]

extended the deadline), the applicable deadline for submission of such 
factual information, an interested party may submit factual information 
to rebut, clarify, or correct the factual information no later than ten 
days after such factual information is served on the interested party. 
However, the Department generally will not accept in the rebuttal 
submission additional or alternative surrogate value information not 
previously on the record, if the deadline for submission of surrogate 
value information has passed.\7\ Furthermore, the Department generally 
will not accept business proprietary information in either the 
surrogate value submissions or the rebuttals thereto, as the regulation 
regarding the submission of surrogate values allows only for the 
submission of publicly available information.\8\
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    \7\ See, e.g., Glycine from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review and Final 
Rescission, in Part, 72 FR 58809 (October 17, 2007), and 
accompanying Issues and Decision Memorandum at Comment 2.
    \8\ See 19 CFR 351.301(c)(3).
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Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and U.S. Customs and Border Protection (``CBP'') shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\9\ For assessment purposes, we calculated exporter/importer- 
(or customer-) specific assessment rates for merchandise subject to 
this review. Dixon reported that its U.S. affiliate was the importer of 
record for all U.S. sales. Thus, we calculated an ad valorem rate by 
dividing the total dumping margins for reviewed sales by the total 
entered values associated with those transactions. If Dixon's 
antidumping duty rate exceeds 0.5 percent ad valorem for the final 
results of this review, we will instruct CBP to assess duties on all of 
Dixon's entries. See 19 CFR 351.106(c)(2). The Department intends to 
issue appropriate assessment instructions directly to CBP 15 days after 
publication of the final results of this review.
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    \9\ See 19 CFR 351.212(b)(1).
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    For companies for which this review is rescinded, antidumping 
duties shall be assessed at rates equal to the cash deposit of 
estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, in accordance with 19 CFR 
351.212(c)(1)(i). The Department intends to issue appropriate 
assessment instructions regarding entries of the rescinded companies 
directly to CBP 15 days after publication of this notice.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) For Dixon, which has a 
separate rate, the cash deposit rate will be that established in the 
final results of this review (except, if the rate is zero or de 
minimis, then no cash deposit will be required); (2) for previously 
investigated or reviewed PRC and non-PRC exporters not listed above 
that received a separate rate in a prior segment of this proceeding, 
the cash deposit rate will continue to be the existing exporter-
specific rate; (3) for all PRC exporters of subject merchandise that 
have not been found to be entitled to a separate rate, the cash deposit 
rate will be that for the PRC-wide entity; and (4) for all non-PRC 
exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate applicable to the PRC 
exporter that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: January 2, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Scope of the Order
2. Non-Market Economy Country
3. Separate Rates
4. Surrogate Country and Surrogate Value Data
5. Economic Comparability
6. Significant Producers of Identical or Comparable Merchandise
7. Data Availability
8. Date of Sale
9. Fair Value Comparisons
10. U.S. Price
11. Normal Value
12. Factor Valuations
13. Currency Conversion

Appendix II

    Separate rate companies for which we are rescinding this 
administrative review:
    China First Pencil Co., Ltd. Orient International Holding 
Shanghai Foreign Trade Co., Ltd. Shandong Rongxin Import and Export 
Co., Ltd.

[FR Doc. 2013-00452 Filed 1-10-13; 8:45 am]
BILLING CODE 3510-DS-P