[Federal Register Volume 85, Number 60 (Friday, March 27, 2020)]
[Notices]
[Pages 17311-17312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06448]


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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; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) determines 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. The period of review (POR) is December 1, 2017 through November 
30, 2018.

DATES: Applicable March 27, 2020.

FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Brian Smith, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6478, or (202) 482-1766, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results on October 10, 2019, and 
invited interested parties to comment.\1\ Kunshan Dixon and its 
affiliate Beijing Fila Dixon Stationery Co., Ltd. (Beijing Dixon) (the 
Dixon Companies) submitted a case brief.\2\ For the events that 
occurred subsequent to the Preliminary Results, see Commerce's Issues 
and Decision Memorandum.\3\
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    \1\ See 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, 84 FR 54592 (October 
10, 2019) (Preliminary Results) and accompanying Preliminary 
Decision Memorandum.
    \2\ See the Dixon Companies' Letter, ``Certain Cased Pencils 
from the People's Republic of China: Case Brief and Request for 
hearing by Fila Dixon Stationery (Kunshan) Co., Ltd. (Case No. A-
570-827),'' dated November 12, 2019 (Dixon Companies' Case Brief).
    \3\ See Memorandum, ``Certain Cased Pencils from the People's 
Republic of China: Issues and Decision Memorandum for the Final 
Results; 2017-2018,'' dated concurrently with, and hereby adopted 
by, this notice (Issues and Decision Memorandum).

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[[Page 17312]]

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 Issues 
and Decision Memorandum.

Analysis of Comments Received

    In the Issues and Decision Memorandum, we addressed all issues 
raised in the Dixon Companies' Case Brief. In the Appendix to this 
notice, we provide a list of these issues. 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 to all parties in the 
Central Records Unit, Room B8024 of the main Commerce building. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn. The signed 
Issues and Decision Memorandum and the electronic version of the Issues 
and Decision Memorandum are identical in content.

Changes From the Preliminary Results

    Based on our analysis of the comments received, Commerce has not 
revised the Preliminary Results.

Methodology

    Commerce has conducted this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). In the 
Preliminary Results, Commerce determined that Kunshan Dixon was 
ineligible for a separate rate and is part of the China-wide entity, 
subject to the China-wide entity rate of 114.90 percent.\4\ As we have 
not received any information since the issuance of the Preliminary 
Results that provides a basis for reconsidering this determination, we 
continue to find that Kunshan Dixon is ineligible for a separate rate.
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    \4\ See Preliminary Results.
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    As noted in the Preliminary Results, Commerce's policy regarding 
conditional review of the China-wide entity applies to this 
administrative review.\5\ 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, and we did not self-initiate a review, 
the entity is not under review and the entity's rate is not subject to 
change.
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    \5\ See Antidumping Proceedings: Announcement of Change in 
Department Practice 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).
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    For a full description of the methodology underlying our 
conclusions, see Issues and Decision Memorandum.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce has determined, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries covered by 
this review. We intend to issue assessment instructions to CBP 15 days 
after the publication date of these final results of review. We further 
intend to instruct CBP to apply an ad valorem assessment rate of 114.90 
percent to all entries of subject merchandise during the POR which were 
exported by Kunshan Dixon.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of this administrative review for 
shipments of the subject merchandise from China 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 Chinese and non-Chinese exporters not listed 
above that have separate rates, the cash deposit rate will continue to 
be the exporter-specific rate published for the most recently completed 
segment of this proceeding in which they were reviewed; (2) 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 equal to the 
weighted-average dumping margin for the China-wide entity which is 
114.90 percent; and (3) for all non-Chinese exporters of subject 
merchandise which have not received their own separate rate, the cash 
deposit rate will be the rate applicable to the Chinese exporter(s) 
that supplied that non-Chinese exporter. These cash deposit 
requirements, effective upon publication of these final results, shall 
remain in effect until further notice.

Notification to Importers Regarding the Reimbursement of Duties

    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 POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties has occurred and the subsequent assessment of 
double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under 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 or 
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.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review and notice in accordance with sections 751(a)(1) and 777(i)(1) 
of the Act and 19 CFR 351.221(b)(5).

    Dated: March 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Comment 1: Whether Kunshan Dixon is Subject to Review
    Comment 2: Kunshan Dixon's Claim of No Shipments
    Comment 3: Whether Commerce Abused its Discretion
V. Recommendation

[FR Doc. 2020-06448 Filed 3-26-20; 8:45 am]
 BILLING CODE 3510-DS-P