[Federal Register Volume 80, Number 90 (Monday, May 11, 2015)]
[Notices]
[Pages 26897-26898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10622]



[[Page 26897]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-827]


Certain Cased Pencils From the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review; 2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On December 31, 2014, the Department of Commerce (the 
Department) published the preliminary results and partial rescission of 
the administrative review of the antidumping duty order on certain 
cased pencils (pencils) from the People's Republic of China (PRC). We 
gave interested parties an opportunity to comment on the preliminary 
results in a notice. The period of review (POR) is December 1, 2012, 
through November 30, 2013. This review covers one exporter of subject 
merchandise, Shandong Rongxin Import & Export Co., Ltd. (Rongxin). For 
the final results, we continue to find that Rongxin is not eligible for 
a separate rate, and, thus, remains part of the PRC-wide entity.

DATES: Effective: May 11, 2015.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg or Sergio Balbontin, AD/
CVD Operations, Office I, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1785, (202) 482-6478, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 31, 2014, the Department published the preliminary 
results and partial rescission of the administrative review of the 
antidumping duty order on pencils from the PRC.\1\ Between February 2, 
2015, and February 4, 2015, we received a case brief and a rebuttal 
brief with respect to the Preliminary Results. We conducted this 
administrative review in accordance with section 751 of the Tariff Act 
of 1930, as amended (the Act).
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    \1\ See Certain Cased Pencils From the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative Review 
and Partial Rescission; 2012-2013, 79 FR 78795 (December 31, 2014) 
(Preliminary Results). Based on the timely withdrawal of the request 
for review of Orient International Holding Shanghai Foreign Trade 
Co., Ltd. (SFTC), we rescinded the review of SFTC. In the 
Preliminary Results, the Department inadvertently omitted ``Orient 
International Holding'' in referencing SFTC's full company name.
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Scope of the Order

    The merchandise subject to the order includes pencils from the PRC. 
The subject merchandise is currently classifiable under Harmonized 
Tariff Schedule of the United States (HTSUS) subheading 9609.1010. 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, the written product description is dispositive. A full 
description of the scope of the order is contained in the Issues and 
Decision Memorandum, dated concurrently with and hereby adopted by this 
notice.\2\
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    \2\ See Memorandum ``Issues and Decision Memorandum for the 
Final Results of Antidumping Duty Administrative Review: Certain 
Cased Pencils from the People's Republic of China; 2012-2013'' dated 
concurrently with and hereby adopted by this notice (Issues and 
Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
to this administrative review are addressed in the Issues and Decision 
Memorandum. A list of the issues raised is attached to this notice as 
an appendix. The Issues and Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov. The Issues and Decision Memorandum is also available 
to all parties in the Central Records Unit, Room 7046 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the 
Enforcement and Compliance Web site at http://enforcement.trade.gov/frn. The signed and electronic versions of the Issues and Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    The Department conducted this review in accordance with section 
751(a)(1)(B) of the Act. Based on our analysis of the comments 
received, we did not make any revisions to the Preliminary Results. For 
a full description of the analysis underlying our conclusions, see the 
Issues and Decision Memorandum.

PRC-Wide Rate and PRC-Wide Entity

    For the Preliminary Results, the Department assigned to the PRC-
wide entity the rate of 114.90 percent.\3\ Because this rate is the 
same as the PRC-wide rate from previous segments of this proceeding and 
nothing on the record of this review calls into question the 
reliability of the PRC-wide rate, we find it appropriate to continue to 
apply the rate of 114.90 percent to the PRC-wide entity.
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    \3\ See Notice of Amended Final Results and Partial Rescission 
of Antidumping Duty Administrative Review: Certain Cased Pencils 
from the People's Republic of China, 67 FR 59049 (September 19, 
2002).
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    In the Preliminary Results, the Department determined that Rongxin 
was not eligible for a separate rate and, therefore, Rongxin is part of 
the PRC-wide entity. After reviewing the issues raised in the case and 
rebuttal briefs from interested parties, the Department continues to 
find Rongxin ineligible for a separate rate. Thus, we continue to treat 
Rongxin as part of the PRC-wide entity.\4\
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    \4\ The Department's change in policy regarding conditional 
review of the PRC-wide entity is not applicable to this 
administrative review. See Antidumping Proceedings: Announcement of 
Change in Department Practice for Respondent Selection in 
Antidumping Duty Proceedings and Conditional Review of the Nonmarket 
Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963, 
65970 (November 4, 2013).
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Final Results of the Review

    As a result of this administrative review, we determine that the 
following weighted-average dumping margins exist: \5\
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    \5\ As noted, Rongxin is not eligible for a separate rate.

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                        Exporter                              margin
                                                            (percent)
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PRC-Wide Entity *......................................          114.90
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* Includes Shandong Rongxin Import & Export Co., Ltd.

Assessment

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries 
covered by this review in accordance with the final results of this 
review.
    The Department announced a refinement to its assessment practice in 
non-market economy country antidumping proceedings.\6\ Pursuant to this 
refinement in practice, for entries that were not reported in the U.S. 
sales databases submitted by companies individually examined during 
this review, the Department will instruct CBP to liquidate such entries 
at the PRC-wide rate. In addition, for

[[Page 26898]]

companies where the Department determined that the exporter under 
review had no shipments of the subject merchandise, any suspended 
entries that entered under that exporter's case number (i.e., at that 
exporter's rate) will be liquidated at the PRC-wide rate.\7\
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    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment 
Practice Refinement).
    \7\ For a full discussion of this practice, see Assessment 
Practice Refinement.
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    We intend to issue assessment instructions to CBP 15 days after the 
date of publication of the final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of review for all 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 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 exporter-specific rate; (2) 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 of 114.90 percent; (3) 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 shall remain in effect 
until further notice.

Notification

    This notice serves as a final 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 Secretary's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.
    These final results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 
351.213.

    Dated: April 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Separate Rate/PRC-Wide Entity
5. Discussion of the Issues
    Comment 1: Whether Rongxin is Entitled to a Separate Rate
    Comment 2: Whether Dixon is a U.S. Manufacturer of Subject 
Merchandise, and, therefore, Entitled to Request an Administrative 
Review of Rongxin
6. Recommendation

[FR Doc. 2015-10622 Filed 5-8-15; 8:45 am]
 BILLING CODE 3510-DS-P