[Federal Register Volume 81, Number 112 (Friday, June 10, 2016)]
[Notices]
[Pages 37573-37574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13721]


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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 New Shipper Review; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is a conducting a 
new shipper review (NSR) of the antidumping duty order on certain cased 
pencils from the People's Republic of China (PRC). The NSR covers the 
exporter Wah Yuen Stationery Co., Ltd. and its affiliated producer, 
Shandong Wah Yuen Stationery Co., Ltd. (collectively, Wah Yuen). The 
period of review (POR) is December 1, 2014, through May 31, 2015. The 
Department preliminarily finds that Wah Yuen made a sale of subject 
merchandise at below normal value. Interested parties are invited to 
comment on these preliminary results.

DATES: Effective Date: June 10, 2016.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-1785.

Scope of the Order

    Imports covered by this order are shipments of certain cased 
pencils of any shape or dimension which are writing and/or drawing 
instruments that feature cores of graphite or other materials, encased 
in wood and/or man-made materials, whether or not decorated and whether 
or not tipped (e.g., with erasers, etc.) in any fashion, and either 
sharpened or unsharpened. The pencils subject to the order are 
currently classifiable under subheading 9609.10.00 of the Harmonized 
Tariff Schedule of the United States (HTSUS). A full description of the 
scope of the order is contained in the Preliminary Decision 
Memorandum.\1\ Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written product description is 
dispositive.
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    \1\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from Christian Marsh, Deputy Assistant 
Secretary, re: ``Decision Memorandum for Preliminary Results of 
Antidumping Duty New Shipper Review: Certain Cased Pencils from the 
People's Republic of China,'' dated June 2, 2016.
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.214. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of topics 
discussed in the Preliminary Decision Memorandum is in the attached 
Appendix to this notice.
    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's centralized 
electronic service system (ACCESS). ACCESS is available to registered 
users at http://access.trade.gov, and it is available to all parties in 
the Department's Central Records Unit, B8024 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://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Results of New Shipper Review

    The Department preliminarily determines that the following 
weighted-average dumping margin exists for the POR December 1, 2014, 
through May 31, 2015:

------------------------------------------------------------------------
                                                        Weighted average
            Exporter                    Producer         dumping margin
                                                           (percent)
------------------------------------------------------------------------
Wah Yuen Stationery Co., Ltd....  Shandong Wah Yuen                31.03
                                   Stationery Co.,
                                   Ltd..
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department will disclose the analysis 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 case briefs by no later than 30 days 
after the date of publication of these preliminary results of 
review.\2\ Rebuttals, limited to issues raised in the case briefs, may 
be filed by no later than five days after the case briefs are filed.\3\
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    \2\ See 19 CFR 351.309(c).
    \3\ 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.\4\ 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.\5\
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    \4\ See 19 CFR 351.310(c).
    \5\ See 19 CFR 351.310(d).
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    Unless the deadline is extended pursuant to section 
751(a)(2)(B)(iii), the Department intends to issue the final results of 
this new shipper review, which will include the results of its analysis 
of all issues raised in the case and rebuttal briefs, within 90 days of 
publication of these preliminary results, pursuant to section 
751(a)(2)(B)(iv) of the Act.

Assessment Rates

    Upon issuance of the final results, pursuant to 19 CFR 351.212(b), 
the Department will determine, and the U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries.\6\ The Department intends to issue assessment instructions to 
CBP 15 days after the date of publication of the final results of this 
new shipper review.
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    \6\ See 19 CFR 351.212(b)(1).
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    If the respondent's weighted average dumping margin is not zero or 
de minimis (i.e., less than 0.50 percent) in the final results, the 
Department will calculate importer-specific assessment rates on the 
basis of the ratio of the total amount of dumping calculated for each 
importer's examined sales to the total

[[Page 37574]]

entered value of those sales, in accordance with 19 CFR 351.212(b)(1). 
Where an importer-specific ad valorem rate is not zero or de minimis, 
the Department will instruct CBP to collect the appropriate antidumping 
duties at the time of liquidation.\7\ Where either a respondent's 
weighted average dumping margin is zero or de minimis, or an importer-
specific ad valorem rate is zero or de minimis, the Department will 
instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\8\
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    \7\ See 19 CFR 351.212(b)(1).
    \8\ See 19 CFR 351.106(c)(2).
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    For entries that were not reported in the U.S. sales data submitted 
by Wah Yuen, the Department will instruct CBP to liquidate such entries 
at the rate for the PRC-wide entity.\9\ The final results of this 
review shall be the basis for the assessment of antidumping duties on 
entries of merchandise covered by the final results of this review and 
for future cash deposits of estimated antidumping duties, where 
applicable.
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    \9\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this new shipper 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: For merchandise produced 
by Shandong Wah Yuen Stationery Co., Ltd. and exported by Wah Yuen 
Stationery Co., Ltd., the cash deposit rates will be equal to the 
weighted-average dumping margin established in the final results of 
this review (except, if the rate is zero or de minimis, then zero cash 
deposit will be required). These cash deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers

    This notice also serves as a 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 the POR. 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.

Notification Regarding Administrative Protective Orders

    This notice serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 the terms of an APO is a violation 
subject to sanction.

Notification to Interested Parties

    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.214 and 
351.221(b)(4).

    Dated: June 2, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

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

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Date of Sale
VI. Comparisons to Normal Value
VII. Results of Differential Pricing Analysis
VIII. U.S. Price
IX. Normal Value
X. Factor Valuations
XI. Currency Conversion
XII. Recommendation

[FR Doc. 2016-13721 Filed 6-9-16; 8:45 am]
BILLING CODE 3510-DS-P