[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Notices]
[Pages 54592-54594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22132]
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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
Rescission of Review, in Part; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable October 10, 2019.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of certain cased pencils (pencils) from the
People's Republic of China (China) for the period of review (POR)
December 1, 2017 through November 30, 2018. We preliminarily determine
that Fila Dixon Stationery (Kunshan) Co., Ltd. (Kunshan Dixon) is not
eligible for a separate rate and, therefore, remains part of the China-
wide entity. Additionally, we are rescinding the review with respect to
six companies. If these preliminary results are adopted in the final
results, Commerce will instruct U.S. Customs and Border Protection
(CBP) to assess antidumping (AD) duties on all appropriate entries of
subject merchandise. Interested parties are invited to comment on these
preliminary results.
FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Brian Smith, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-6478 or (202)
482-1766, respectively.
[[Page 54593]]
SUPPLEMENTARY INFORMATION:
Background
Commerce published the notice of initiation of this administrative
review on March 14, 2019.\1\ For a complete description of the events
of this review, see the Preliminary Decision Memorandum.\2\ A list of
topics included in the Preliminary Decision Memorandum is included as
an appendix to this notice.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 9297 (March 14, 2019). Because
Commerce inadvertently initiated an administrative review on Beijing
Fila Dixon Stationery Co., Ltd. (aka Beijing Dixon Ticonderoga
Stationery Co.) (Beijing Dixon) for which the order was revoked,
Commerce published a correction initiation notice rescinding the
administrative review of Beijing Dixon. See Initiation of
Antidumping and Countervailing Duty Administrative Reviews, 84 FR
12200, 12206 n.9 (April 1, 2019).
\2\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review and Partial
Rescission: Certain Cased Pencils from the People's Republic of
China; 2017-2018,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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The Preliminary Decision Memorandum is a public document and is on
file electronically via the 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
in the Central Records Unit, Room B8024 of the main 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 version of the Preliminary Decision Memorandum are
identical in content.
Scope of the Order
The merchandise subject to the order includes certain cased pencils
from China. The subject merchandise is currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheading
9609.10.00. Although the HTSUS subheading is 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
Preliminary Decision Memorandum.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, ``in whole or in part, if a party that requested
a review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review.'' All
requests for review have been timely withdrawn except with respect to
Kunshan Dixon. Therefore, we are rescinding the administrative review
with respect to Shandong Rongxin Import & Export Co., Ltd., Wah Yuen
Stationery Co. Ltd. and Shandong Wah Yuen Stationery Co. Ltd.
(collectively, the Wah Yuen Companies), Tianjin Tonghe Stationery Co.
Ltd., Ningbo Homey Union Co., Ltd., and Orient International Shanghai
Foreign Trade Co., Ltd.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as amended
(the Act). Kunshan Dixon did not respond to Commerce's AD questionnaire
and, therefore, has not demonstrated its eligibility for a separate
rate. Accordingly, we are preliminarily treating Kunshan Dixon as part
of the China-wide entity.
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\3\ Under this policy, the
China-wide entity will not be under review unless a party specifically
requests, or Commerce self-initiates, a review of the entity. Because
no party requested a review of the China-wide entity in this review,
the entity is not under review and the entity's current rate, i.e.,
114.90 percent,\4\ is not subject to change.
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\3\ 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).
\4\ 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),
unchanged in Certain Cased Pencils from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review;
2014-2015, 82 FR 24675 (May 30, 2017), and accompanying Issues and
Decision Memorandum.
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For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.
Disclosure
Normally, Commerce will disclose the calculations used in its
analysis to parties in this review within five days of the public
announcement or, if there is no public announcement, within five days
of the date of publication of the notice of preliminary results, in
accordance with 19 CFR 351.224(b). However, in this case, because
Commerce did not calculate a weighted-average dumping margin for any
companies in this review, or the China-wide entity, there are no
calculations to disclose.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the publication of these preliminary results, unless the
Secretary alters the time limit.\5\ Rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than five days after
case briefs are filed.\6\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case or rebuttal briefs in this review are requested
to submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.
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\5\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\6\ See 19 CFR 351.309(d).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain:
(1) The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. If a
request for a hearing is made, Commerce intends to hold the hearing at
the U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230, at a time and date to be determined. Parties
should confirm by telephone the date, time, and location of the hearing
two days before the scheduled date.
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of our analysis of the issues raised in the case briefs, within 120
days of publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, AD duties on all appropriate entries covered by this
review.\7\ Commerce intends to issue assessment instructions to CBP 15
days after the publication date of the final results of this review. If
Commerce continues to find Kunshan Dixon to be part of the China-wide
entity in the final
[[Page 54594]]
results, Commerce will instruct CBP to liquidate POR entries of subject
merchandise from this firm at the China-wide rate of 114.90 percent.
With respect to entries from companies for which Commerce is rescinding
the review, AD duties shall be assessed at rates equal to the cash
deposit of estimated AD duties required at the time of entry, or
withdrawal from warehouse, for consumption, in accordance with 19 CFR
351.212(c)(1)(i).
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\7\ See 19 CFR 351.212(b).
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Cash Deposit Requirements
The following cash deposit requirements for estimated AD duties,
when imposed, will apply to all shipments of the subject merchandise
from China entered, or withdrawn from warehouse, for consumption on or
after the publication date of the final results of this administrative
review, as provided by section 751(a)(2)(C) of the Act: (1) For any
company that is granted a separate rate, the cash deposit rate will be
that established in the final results of review (except, if the rate is
zero or de minimis, then zero cash deposit will be required); (2) for
previously investigated or reviewed Chinese and non-Chinese exporters
that are not under review in this segment but 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 Chinese
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
China-wide entity (i.e., 114.90 percent); \8\ and (4) for all non-
Chinese exporters of subject merchandise which have not received their
own rate, the cash deposit rate will be the rate applicable to the
Chinese exporter that supplied that non-Chinese exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\8\ See Certain Cased Pencils from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review;
2014-2015, 82 FR 24675 (May 30, 2017).
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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 AD duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result Commerce's presumption that reimbursement of
AD duties occurred and the subsequent assessment of double AD duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213 and 351.221(b)(4).
Dated: October 3, 2019.
Jeffrey I. Kessler,
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. Partial Rescission of Review
V. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2019-22132 Filed 10-9-19; 8:45 am]
BILLING CODE 3510-DS-P