[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Notices]
[Pages 24675-24677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11053]
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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; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On November 21, 2016, the Department of Commerce (the
Department) published the preliminary results and rescission, in part,
of the administrative review of the antidumping duty order on certain
cased pencils (pencils) from the People's Republic of China (PRC). This
review covers one company, Shandong Rongxin Import & Export Co., Ltd.
(Rongxin), for the period of review (POR) December 1, 2014, through
November 30, 2015. The Department continues to find that Rongxin has
not established its eligibility for a separate rate, and, thus, should
be treated as part of the PRC-wide entity.
DATES: Effective May 30, 2017.
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
The Department published its Preliminary Results in this
administrative review on November 21, 2016.\1\ We invited interested
parties to comment on the preliminary results. Rongxin filed a case
brief on December 21, 2016.\2\ We received a rebuttal brief from Dixon
Ticonderoga Company (Dixon), a petitioner in the underlying
[[Page 24676]]
investigation, on December 28, 2016.\3\ The Department found that
Dixon's rebuttal brief contained untimely filed new factual information
and requested that Dixon resubmit its rebuttal brief without this
information.\4\ Dixon submitted its revised rebuttal brief on January
17, 2017.\5\ On March 10, 2017, we determined that additional time was
necessary to analyze the arguments submitted by parties and extended
the deadline for completion of the final results by 60 days to May 22,
2017.\6\
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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; 2014-2015, 81 FR 83201 (November 21, 2016)
(Preliminary Results).
\2\ See Letter from Rongxin, re: ``Cased Pencils from the
People's Republic of China: CASE BRIEF,'' dated December 21, 2016.
\3\ See Letter from Dixon, ``Certain Cased Pencils from the
People's Republic of China, Administrative Review POR 12/01/14-11/
30/15: Rebuttal Brief of Dixon Ticonderoga Company,'' dated December
28, 2016.
\4\ See Letter from the Department to Dixon, ``Rebuttal Brief:
Certain Cased Pencils from the People's Republic of China, 2014-2015
Administrative Review,'' dated January 11, 2017.
\5\ See Letter from Dixon, ``Certain Cased Pencils from the
People's Republic of China, Administrative Review POR 12/01/14-11/
3015: Revised Rebuttal Brief of Dixon Ticonderoga Company,'' dated
January 17, 2017.
\6\ See Memorandum, ``Cased Pencils from the People's Republic
of China: Extension of Time Limit for Final Results of the
Antidumping Duty Administrative Review,'' dated March 10, 2017.
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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 Issues and 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, ``Issues and Decision Memorandum for Final
Results of Antidumping Duty Administrative Review: Certain Cased
Pencils from the People's Republic of China; 2014-2015,'' 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 by parties in
this review are addressed in the Issues and Decision Memorandum, which
is hereby adopted by this notice. A list of the issues which parties
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 https://access.trade.gov, and it is available to
all parties in the Central Records Unit, Room B8024 of the main
Department of Commerce building. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly on the Internet
at http://trade.gov/enforcement.
Final Results of Review
The Department continues to find that Rongxin has not established
its eligibility for a separate rate and is part of the PRC-wide entity.
The rate applicable to the PRC-wide entity is 114.90 percent.\8\
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\8\ 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). The Department's change in policy regarding conditional
review of the PRC-wide entity applies to this 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 (November 4, 2013). Under
this policy, the PRC-wide entity will not be under review unless a
party specifically requests, or the Department self-initiates, a
review of the entity. 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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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.\9\ The Department intends to issue appropriate assessment
instructions to CBP 15 days after publication of the final results of
review. In particular, we intend to instruct CBP to liquidate entries
of subject merchandise exported by Rongxin during the POR, at the
current rate for the PRC-wide entity (i.e., 114.90 percent).
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\9\ See section 751(a)(2)(C) of the Tariff Act of 1930, as
amended, (the Act), and 19 CFR 351.212(b)(1).
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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 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 existing exporter-
specific rate; (2) for all PRC exporters of subject merchandise that
have not established their eligibility for a separate rate, the cash
deposit rate will be that for the PRC-wide entity (i.e.,114.90
percent); and (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 cash deposit requirements, when imposed, shall remain
in effect until further notice.
Notification to Importers
This notice also 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 Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/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 violation which is subject to sanction.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213, and
351.221(b)(5).
Dated: May 22, 2017.
Gary Taverman
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether Dixon Has Standing as an Interested Party to
Request an Administrative Review of Rongxin
Comment 2: Whether Rongxin is Eligible for a Separate Rate
[[Page 24677]]
Comment 3: Whether the Department is Required to Treat China as
a Market-Economy Country
V. Recommendation
[FR Doc. 2017-11053 Filed 5-26-17; 8:45 am]
BILLING CODE 3510-DS-P