[Federal Register Volume 86, Number 220 (Thursday, November 18, 2021)]
[Notices]
[Pages 64453-64454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25187]


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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; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) has completed its 
administrative review of the antidumping duty order on certain cased 
pencils (cased pencils) from the People's Republic of China (China) for 
the period of review (POR) December 1, 2019, through November 30, 2020. 
We continue to find that Wah Yuen Stationery Co. Ltd. and Shandong Wah 
Yuen Stationery Co. Ltd. (collectively, Wah Yuen) had no shipments of 
cased pencils during the POR. We also continue to find that Tianjin 
Tonghe Stationery Co., Ltd. (Tianjin Tonghe) and Ningbo Homey Union 
Co., Ltd. (Ningbo Homey) are not eligible for a separate rate and 
should be treated as part of the China-wide entity.

DATES: Applicable November 18, 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

    On September 7, 2021, Commerce published the Preliminary Results in 
the Federal Register.\1\ We invited interested parties to comment on 
the Preliminary Results; however, no interested parties submitted 
comments. Accordingly, we made no changes to the Preliminary Results.
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    \1\ See 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, 86 FR 
50023 (September 7, 2021) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
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Scope of the Order \2\
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    \2\ See Certain Cased Pencils from the People's Republic of 
China: Continuation of Antidumping Duty Order, 82 FR 41608 
(September 1, 2017); and Antidumping Duty Order: Certain Cased 
Pencils from the People's Republic of China, 59 FR 66909 (December 
28, 1994) (collectively, Order).
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    The merchandise covered by the Order is certain cased pencils of 
any shape or dimension (except as described below) which are writing 
and/or drawing instruments that feature cores of graphite or other 
materials, encased in wood and/or man-made materials, whether or not 
decorated and whether or not tipped (e.g., with erasers, etc.) in any 
fashion, and either sharpened or unsharpened. The pencils subject to 
the Order are currently classifiable under subheading 9609.10.00 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Specifically 
excluded from the scope of the Order are mechanical pencils, cosmetic 
pencils, pens, non-cased crayons (wax), pastels, charcoals, chalks, and 
pencils produced under U.S. patent number 6,217,242, from paper infused 
with scents by the means covered in the above-referenced patent, 
thereby having odors distinct from those that may emanate from pencils 
lacking the scent infusion. Also excluded from the scope of the Order 
are pencils with all of the following physical characteristics: (1) 
Length: 13.5 or more inches; (2) sheath diameter: not less than one-
and-one quarter inches at any point (before sharpening); and (3) core 
length: not more than 15 percent of the length of the pencil.
    In addition, pencils with all of the following physical 
characteristics are excluded from the scope of the Order: Novelty jumbo 
pencils that are octagonal in shape, approximately ten inches long, one 
inch in diameter before sharpening, and three-and-one eighth inches in 
circumference, composed of turned wood encasing one-and-one half inches 
of sharpened lead on one end and a rubber eraser on the other end.
    Although the HTSUS subheading is provided for convenience and 
customs purposes, the written description of the merchandise covered by 
the scope of the Order is dispositive.

Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that Wah Yuen \3\ 
had no shipments of cased pencils during the POR, based on our analysis 
of U.S. Customs and Border Protection (CBP) entry documentation and Wah 
Yuen's questionnaire responses.\4\ We received no comments on our 
preliminary finding. As there is no information on the record that 
calls into question this preliminary finding, we continue to find in 
the final results of this review that Wah Yuen had no shipments of 
subject merchandise during the POR.
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    \3\ Commerce determined that Wah Yuen Stationery Co. Ltd. and 
Shandong Wah Yuen Stationery Co. Ltd. are affiliated and should be 
treated as a single entity in the Preliminary Results and prior 
administrative reviews. See Preliminary Results PDM at 1, n.2; see 
also 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 PDM 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). We received no comments 
regarding our treatment of these companies as a single entity and 
therefore continue to collapse them for the final results of this 
administrative review.
    \4\ See Wah Yuen's Letter, ``Certain Cased Pencils from the 
People's Republic of China: Section A Questionnaire Response,'' 
dated May 18, 2021; see also Memorandum, ``Entry Summary 
Documentation,'' dated June 30, 2021.
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China-Wide Entity

    With the exception of Wah Yuen, we find all other companies for 
which a review was requested to be part of the China-wide entity, 
because they did not file no-shipment statements, separate rate 
applications, or separate rate certifications. Accordingly, Tianjin 
Tonghe and Ningbo Homey are part of the China-wide entity. Because no 
party requested a review of the China-wide entity, and Commerce no 
longer considers the China-wide entity as an exporter, conditionally 
subject to administrative reviews, we did not conduct a review of the 
China-wide entity.\5\ The rate previously established for the China-
wide entity is 114.90 percent and is not subject to change as a result 
of this review.\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: Final Results of Antidumping Duty Administrative Review; 
2012-2013, 80 FR 26897 (May 11, 2015).
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Assessment Rates

    Commerce shall determine, and CBP shall assess, antidumping duties 
on all appropriate entries in accordance with section 751(a)(2)(C) of 
the Tariff Act of 1930, as amended, (the Act) and 19 CFR 351.212(b). 
Because we determined that Tianjin Tonghe and Ningbo Homey are not 
eligible for a separate rate and are part of the China-wide entity, we 
intend to instruct CBP to apply an ad valorem assessment rate of 114.90 
percent (i.e.,

[[Page 64454]]

the China-wide entity rate) to all entries of subject merchandise 
during the POR that were exported by these companies. In addition, as 
Commerce continues to find that Wah Yuen did not have any shipments of 
subject merchandise during the POR, we will instruct CBP to assess any 
suspended entries of subject merchandise associated with Wah Yuen at 
the China-wide rate.
    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of these final results of 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to 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 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 by section 751(a)(2)(C) of 
the Act: (1) Wah Yuen's cash deposit rate will continue to be its 
existing exporter-producer specific rate, 30.55 percent; \7\ (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 published for the 
most recently-completed period; (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 deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \7\ 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).
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Notification to Importers Regarding the Reimbursement of Duties

    This notice 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 occurred and the subsequent assessment of double 
antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
administrative protective orders (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 sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h) and 
19 CFR 351.221(b)(5).

    Dated: November 10, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the 
Non-Exclusive Functions and Duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2021-25187 Filed 11-17-21; 8:45 am]
BILLING CODE 3510-DS-P