[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Pages 50023-50025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19261]


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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 
Preliminary Determination of No Shipments; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Wah Yuen Stationery Co. Ltd. and Shandong Wah Yuen Stationery Co. 
Ltd. (collectively, Wah Yuen) had no shipments of certain cased pencils 
from the People's Republic of China (China) during the period of review 
(POR) December 1, 2019, through November 30, 2020. Commerce also 
preliminarily determines that Tianjin Tonghe Stationery Co., Ltd. 
(Tianjin Tonghe) and Ningbo Homey Union Co., Ltd. (Ningbo Homey) are 
part of the China-wide entity. We invite interested parties to comment 
on these preliminary results.

DATES: Applicable September 7, 2021.

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.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the initiation of this administrative review on 
February 4, 2021.\1\ We selected Wah Yuen as the sole mandatory 
respondent.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 8166 (February 4, 2021) (Initiation 
Notice).
    \2\ See Memorandum, ``Respondent Selection,'' dated March 5, 
2021. Commerce determined that Wah Yuen Stationery Co. Ltd. and 
Shandong Wah Yuen Stationery Co. Ltd. are affiliated, pursuant to 
section 771(33) of the Tariff Act of 1930, as amended (the Act), and 
should be treated as a single entity, pursuant to 19 CFR 351.401(f), 
in prior administrative reviews. See Certain Cased Pencils from the 
People's Republic of China: Preliminary Results of Antidumping Duty 
New Shipper Review; 2014-2015, 81 FR 37573 (June 10, 2016), and 
accompanying Preliminary Decision Memorandum at 9-10 (unchanged in 
Certain Cased Pencils from the People's Republic of China: Final 
Results of Antidumping Duty New Shipper Review; 2014-2015, 81 FR 
74764 (October 27, 2016) and Certain Cased Pencils from the People's 
Republic of China: Amended Final Results of Antidumping Duty New 
Shipper Review; 2014-2015, 81 FR 92784 (December 20, 2016)). Because 
there is no record evidence indicating that Commerce should revisit 
this determination, we are continuing to treat these two companies 
as a single entity for purposes of this administrative review.

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[[Page 50024]]

    For a complete description of the events that followed the 
initiation of this review and analysis of Commerce's preliminary 
determinations, see the Preliminary Decision Memorandum.\3\ A list of 
topics included in the Preliminary Decision Memorandum is included as 
an appendix to this notice.
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Certain Cased 
Pencils from the People's Republic of China; 2019-2020,'' 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. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the internet at http://enforcement.trade.gov/frn/.

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. 
For a complete description of the scope of the order, see the 
Preliminary Decision Memorandum.

Preliminary Determination of No Shipments

    Based on an analysis of U.S. Customs and Border Protection (CBP) 
information and information provided by Wah Yuen, Commerce 
preliminarily determines that Wah Yuen had no shipments of subject 
merchandise during the POR. Consistent with our practice in non-market 
economy (NME) cases, we intend to complete the review with respect to 
Wah Yuen and issue appropriate instructions to CBP based on the final 
results of the review.\4\
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    \4\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
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China-Wide Entity

    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, the entity is not 
under review, and the entity's rate of 114.90 percent is not subject to 
change.\6\
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    \5\ 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).
    \6\ 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, 83202 (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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    Aside from Wah Yuen, which we preliminarily determine to have made 
no shipments, Commerce considers all other companies for which a review 
was requested and which did not demonstrate separate rate eligibility 
to be part of the China-wide entity.\7\ Accordingly, for the 
preliminary results, we consider Tianjin Tonghe and Ningbo Homey, 
neither of which submitted a separate rate application, to be part of 
the China-wide entity.
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    \7\ See Initiation Notice (``All firms listed below that wish to 
qualify for separate rate status in the administrative reviews 
involving NME countries must complete, as appropriate, either a 
separate rate application or certification, as described below.'').
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Disclosure and Public Comment

    Normally, Commerce discloses the calculations used in its analysis 
to parties in a review 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, there are no calculations on the 
record to disclose.
    Interested parties may submit case briefs no later than 30 days 
after the date of publication of these preliminary results of 
review.\8\ Rebuttal briefs may be filed no later than seven days after 
the written comments are filed, and all rebuttal comments must be 
limited to comments raised in the case briefs.\9\ Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal 
briefs in this review are encouraged to submit with each argument: (1) 
A statement of the issue; (2) a brief summary of the argument; and (3) 
a table of authorities. Note that Commerce has temporarily modified 
certain of its requirements for serving documents containing business 
proprietary information, until further notice.\10\
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    \8\ See 19 CFR 351.309(c).
    \9\ See 19 CFR 351.309(d).
    \10\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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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 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 
the party's name, address, telephone number; the number of 
participants; and a list of the issues to be discussed. If a request 
for a hearing is made, we intend to hold the hearing at the date and 
time 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, we intend to issue the final results of 
this review, which will include the results of our analysis of the 
issues raised in any briefs, within 120 days of publication of these 
preliminary results in the Federal Register, pursuant to section 
751(a)(3)(A) of the Act, and 19 CFR 351.213(h).

Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, antidumping (AD) duties on all appropriate entries 
covered by this review, in accordance with 19 CFR 351.212(b). If 
Commerce continues to make a no-shipment finding for Wah Yuen in the 
final results, any suspended entries of subject merchandise associated 
with Wah Yuen will be liquidated at the China-wide rate. Moreover, if 
Commerce continues to find that Tianjin Tonghe and Ningbo Homey are 
part of the China-wide entity in the final results, Commerce intends to 
instruct CBP to liquidate POR entries of subject merchandise from these 
companies at the China-wide rate. Commerce intends to issue assessment 
instructions to CBP no earlier than 35 days after the date of 
publication of the final results of this review. If a timely summons is 
filed at the U.S. Court of International Trade, the assessment 
instructions will direct CBP not to

[[Page 50025]]

liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided for by section 
751(a)(2)(C) of the Act: (1) Wah Yuen's cash deposit rate will continue 
to be its existing exporter-specific rate; \11\ (2) for previously 
investigated or reviewed Chinese and non-Chinese exporters for which a 
review was not requested and 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 the rate for the China-
wide entity; and (4) for all non-Chinese exporters of subject 
merchandise that 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 cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \11\ See Certain Cased Pencils from the People's Republic of 
China: Amended Final Results of Antidumping Duty New Shipper Review; 
2014-2015, 81 FR 92784 (December 20, 2016), and accompanying 
memorandum, ``Analysis for the Amended Final Results of the 
Antidumping Duty New Shipper Review of Certain Cased Pencils from 
the People's Republic of China.''
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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) 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 in 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 the preliminary results of this 
administrative review in accordance with sections 751(a)(l) and 
777(i)(l) of the Act, and 19 CFR 351.213 and 351.221(b)(4).

    Dated: August 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Selection of Respondents
VI. Preliminary Determination of No Shipments
VII. Discussion of the Methodology
VIII. Recommendation

[FR Doc. 2021-19261 Filed 9-3-21; 8:45 am]
 BILLING CODE 3510-DS-P