[Federal Register Volume 80, Number 152 (Friday, August 7, 2015)]
[Notices]
[Pages 47469-47470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19484]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-827]


Cased Pencils From the People's Republic of China: Initiation of 
Antidumping Duty New Shipper Review

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

SUMMARY: On May 29, 2015, the Department of Commerce (the Department) 
received a timely request for a new shipper review (NSR) from

[[Page 47470]]

Wah Yuen Stationery Co. Ltd. (Wah Yuen), in accordance with section 
751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.214(c).\1\ On June 22, 2015, the Department issued a letter to 
Wah Yuen requesting that it correct certain deficiencies in its initial 
request.\2\ On June 29, 2015, Wah Yuen submitted a timely response to 
the Department's request.\3\ The Department has determined that the 
request for a new shipper review of the antidumping duty order on cased 
pencils from the People's Republic of China (PRC) meets the statutory 
and regulatory requirements for initiation. Thus, we are initiating a 
new shipper review.
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    \1\ See Letter from Wah Yuen, ``Certain Cased Pencils from the 
People's Republic of China: Request for New Shipper Review and 
Notice of Appearance'' dated May 29, 2015 (Wah Yuen NSR request).
    \2\ See Letter from Dana S. Mermelstein, regarding the 
opportunity to correct deficiencies, dated June 22, 2015.
    \3\ See Letter from Wah Yuen, ``Certain Cased Pencils from the 
People's Republic of China: Supplemental Request for New Shipper 
Review'' dated June 29, 2015 (Wah Yuen supplemental NSR request).

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DATES: Effective date: August 7, 2015.

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

SUPPLEMENTARY INFORMATION:

Background

    The antidumping duty order on cased pencils from the PRC published 
in the Federal Register on December 28, 1994.\4\ Pursuant to section 
751(a)(2)(B)(i) of the Act, we received a timely request for a new 
shipper review of the Order from Wah Yuen.\5\ Wah Yuen certified that 
it is both the producer and exporter of the subject merchandise upon 
which its request was based.\6\
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    \4\ See Antidumping Duty Order: Certain Cased Pencils from the 
People's Republic of China, 59 FR 66909 (December 28, 1994) (Order).
    \5\ See Wah Yuen NSR request.
    \6\ Id. at page 1.
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    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Wah Yuen certified that it did not export subject 
merchandise to the United States during the period of investigation 
(POI).\7\ In addition, pursuant to section 751(a)(2)(B)(i)(II) of the 
Act and 19 CFR 351.214(b)(2)(iii)(A), Wah Yuen certified that, since 
the initiation of the investigation, it has never been affiliated with 
any exporter or producer who exported subject merchandise to the United 
States during the POI, including those respondents not individually 
examined during the POI.\8\ As required by 19 CFR 
351.214(b)(2)(iii)(B), Wah Yuen also certified that its export 
activities are not controlled by the government of the PRC.\9\
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    \7\ Id. at Exhibit 2.
    \8\ See Wah Yuen supplemental NSR request at Exhibit 5.
    \9\ See Wah Yuen NSR request at Exhibit 4.
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2), Wah Yuen submitted documentation establishing the 
following: (1) The date on which it 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.\10\
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    \10\ Id. at Exhibit 1and Wah Yuen supplemental NSR request at 
Exhibit 6.
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Period of Review

    In accordance with 19 CFR 351.214(g)(1)(B), the period of review 
(POR) for new shipper reviews initiated in the month immediately 
following the semiannual anniversary month will be the six-month period 
immediately preceding the semiannual anniversary month. Therefore, 
based on the Order, the POR for this NSR is December 1, 2014, through 
May 31, 2015.

Initiation of New Shipper Reviews

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), the Department finds that the request from Wah Yuen 
meets threshold requirements for the initiation of a new shipper review 
of shipments of cased pencils from the PRC produced and exported by Wah 
Yuen.\11\
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    \11\ See the memorandum to the file entitled ``Cased Pencils 
from the People's Republic of China: Initiation Checklist for 
Antidumping Duty New Shipper Review of Wah Yuen Stationery Co., 
Ltd.'' dated concurrently with this notice.
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    The Department intends to issue the preliminary results of this new 
shipper review no later than 180 days from the date of initiation and 
the final results of the review no later than 90 days after the date 
the preliminary results are issued.\12\ It is the Department's usual 
practice, in cases involving non-market economy countries, 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.\13\ Accordingly, we will issue a questionnaire to Wah Yuen 
that will include a section requesting information concerning its 
eligibility for a separate rate. The new shipper review of Wah Yuen 
will be rescinded if the Department determines that the new shipper 
applicant has not demonstrated that it is eligible for a separate rate.
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    \12\ See section 751(a)(2)(B)(iv) of the Act and 19 CFR 
351.214(i).
    \13\ See Freshwater Crawfish Tail Meat From the People's 
Republic of China: Initiation of Antidumping Duty New Shipper 
Reviews, 79 FR 64749 (October 31, 2014).
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    We will instruct CBP 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 the entry of the subject merchandise from 
Wah Yuen, in accordance with section 751(a)(2)(B)(iii) of the Act and 
19 CFR 351.214(e). Specifically, the bonding privilege will apply only 
to entries of subject merchandise exported and produced by Wah Yuen, 
the sales of which are the basis for this NSR request.
    Interested parties requiring access to proprietary information in 
the new shipper review should submit applications for disclosure under 
administrative protective order, in accordance with 19 CFR 351.305 and 
351.306.
    This initiation and notice are published in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: July 31, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2015-19484 Filed 8-6-15; 8:45 am]
BILLING CODE 3510-DS-P