[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Notices]
[Pages 83201-83202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27960]


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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 
Partial Rescission; 2014--2015

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

SUMMARY: In response to requests from interested parties, the 
Department of Commerce (the 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, 2014, through November 30, 2015. The Department 
preliminarily finds that Shandong Rongxin Import & Export Co., Ltd. 
(Rongxin) is not eligible for a separate rate, and, thus, remains part 
of the PRC-wide entity. In addition, we are rescinding the 
administrative review with respect to Orient International Holding 
Shanghai Foreign Trade Co., Ltd. (SFTC), and Wah Yuen Stationery Co. 
Ltd. and its affiliate, Shandong Wah Yuen Stationery Co. Ltd., and its 
claimed affiliate, Tianjin Tonghe Stationery Co. Ltd. (collectively, 
Wah Yuen), because the requests for administrative review of these 
companies were timely withdrawn. Interested parties are invited to 
comment on these preliminary results.

DATES: Effective November 21, 2016.

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

SUPPLEMENTARY INFORMATION: 

Background

    On December 1, 2015, the Department published a notice of an 
opportunity to request an administrative review of the antidumping duty 
order on cased pencils from the PRC.\1\ On December 30, 2015, Dixon 
Ticonderoga Company (Dixon) requested an administrative review of 
Rongxin, and Wah Yuen.\2\ On December 31, 2015, SFTC requested an 
administrative review of its own exports during the POR.\3\ On February 
9, 2016, the Department initiated a review of Rongxin, SFTC, and Wah 
Yuen.\4\ On March 30, 2016, SFTC timely withdrew its request for 
administrative review.\5\ Finally, on May 5, 2016, Dixon timely 
withdrew its request for an administrative review of Wah Yuen.\6\
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    \1\ See Antidumping and Countervailing Duty Order, Finding, Or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 80 FR 75078 (December 1, 2015).
    \2\ See letter from Dixon, re: ``Certain Cased Pencils from the 
People's Republic of China: Request for Administrative Review,'' 
dated December 30, 2015.
    \3\ See letter from SFTC, re: ``Request for Administrative 
Review of the Antidumping Duty Order on Certain Cased Pencils from 
the People's Republic of China,'' dated December 31, 2015.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 6832 (February 9, 2016) (Initiation 
Notice).
    \5\ See letter from SFTC, re: ``Withdrawal of Request for 
Review: Administrative Review of the Antidumping Order on Cased 
Pencils from the People's Republic of China,'' dated March 30, 2016.
    \6\ See letter from Dixon, re: ``Certain Cased Pencils from the 
People's Republic of China: Partial Withdrawal of Request for 
Administrative Review,'' dated May 5, 2016.
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Scope of the Order

    The merchandise subject to 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 
9609.1010. A full description of the scope of the order is contained in 
the Preliminary Decision Memorandum.\7\ Although the HTSUS subheadings 
are provided for convenience and customs purposes, the written product 
description is dispositive.
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    \7\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado Assistant Secretary for Enforcement and Compliance, 
``Decision Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review and Partial Rescission: Certain Cased Pencils 
from the People's Republic of China; 2014--2015,'' dated 
concurrently with and hereby adopted by this notice (Preliminary 
Decision Memorandum).
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Partial Rescission of the Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if a party that requested 
the review withdraws the request within 90 days of the date of 
publication of the Initiation Notice. On March 30, 2016, SFTC timely 
withdrew its request for a review of its own exports and, on May 5, 
2016, Dixon timely withdrew its request for a review of Wah Yuen. 
Accordingly, the Department is rescinding this administrative review 
with respect to SFTC and Wah Yuen.

Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). We have 
preliminary determined that Rongxin is not eligible for a separate 
rate; as such, the Department has not calculated a margin for these 
preliminary results. For a full description of the methodology and 
analysis underlying our determination, see the Preliminary Decision 
Memorandum.\8\ A list of topics discussed in the Preliminary Decision 
Memorandum is included as Appendix I to this notice. The Preliminary 
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, and it is available to all 
parties in the Department's Central Records Unit, Room 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.
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    \8\ A list of topics discussed in the Preliminary Decision 
Memorandum is provided at Appendix I to this notice.
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Preliminary Results of Review

    The Department preliminarily determines that, for the period

[[Page 83202]]

December 1, 2014, through November 30, 2015, Shandong Rongxin Import & 
Export Co., Ltd. is part of the PRC-wide entity. The rate applicable to 
the PRC-wide entity is 114.90 percent.\9\
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    \9\ 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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Disclosure and Public Comment

    The Department will disclose the analysis performed for these 
preliminary results within five days of the date of publication of this 
notice.\10\ Interested parties may submit case briefs no later than 30 
days after the date of publication of the preliminary results.\11\ 
Rebuttals, limited to issues raised in the case briefs, may be filed no 
later than five days after the deadline for filing case briefs.\12\ 
Parties submitting briefs should do so pursuant to the Department's 
electronic filing system ACCESS.
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    \10\ See 19 CFR 351.224(b).
    \11\ See 19 CFR 351.309(c)(ii).
    \12\ 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.\13\ 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.\14\
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    \13\ See 19 CFR 351.310(c).
    \14\ See 19 CFR 351.310(d).
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    The Department intends to issue the final results of this 
administrative review, including the results of its analysis of issues 
raised in any briefs, within 120 days of publication of these 
preliminary results, pursuant to section 751(a)(3)(A) of the Act, 
unless extended.

Assessment Rates

    Upon issuing the final results of review, the Department will 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\15\ The Department intends to issue appropriate assessment 
instructions to CBP 15 days after publication of the final results of 
review. We intend to instruct CBP to liquidate entries containing 
subject merchandise exported by the PRC-wide entity at the current rate 
for the PRC-wide entity (i.e., 114.90 percent).
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    \15\ See 19 CFR 351.212(b)(1).
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    If, in the course of this review, we reverse our preliminary 
determination and find that Rongxin is eligible for a separate rate, 
and Rongxin's weighted-average dumping margin is above de minimis 
(i.e., 0.50 percent) in the final results of this review, we will 
calculate importer-specific ad valorem rates on the basis of the ratio 
of the total amount of dumping calculated for the importer's examined 
sales to the total entered value of those sales, in accordance with 19 
CFR 351.212(b)(1). Where 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.\16\ For 
entries that were not reported in the U.S. sales data submitted by 
Rongxin, the Department will instruct CBP to liquidate such entries at 
the rate for the PRC-wide entity.
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    \16\ See 19 CFR 351.106(c)(2).
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    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.

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 sections 751(a)(2)(C) of the Act: (1) If we reverse our 
decision that Rongxin is entitled to a separate rate, then the cash 
deposit rate will be the rate established in the final results of this 
review (except, if the rate is zero or de minimis, then zero 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 (i.e.,114.90 percent); 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 cash 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(d)(4) 
and 351.221(b)(4).

    Dated: November 15, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review
V. Discussion of the Methodology
    a. Non-Market Economy Country
    b. Separate Rate
VI. Preliminary Results of Review
VII. Recommendation

[FR Doc. 2016-27960 Filed 11-18-16; 8:45 am]
 BILLING CODE 3510-DS-P