[Federal Register Volume 87, Number 225 (Wednesday, November 23, 2022)]
[Notices]
[Pages 71582-71583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25553]


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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 the Expedited Fifth Sunset Review of the Antidumping Duty 
Order

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

SUMMARY: As a result of this sunset review, the U.S. Department of 
Commerce (Commerce) finds that revocation of the antidumping duty (AD) 
order on certain cased pencils (pencils) from the People's Republic of 
China (China) would be likely to lead to the continuation or recurrence 
of dumping at the level indicated in the ``Final Results of Review'' 
section of this notice.

DATES: Applicable November 23, 2022.

FOR FURTHER INFORMATION CONTACT: Katherine Johnson, 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) 482-4929.

SUPPLEMENTARY INFORMATION:

Background

    On August 1, 2022, Commerce published the notice of initiation of 
the fifth sunset review of the Order \1\ on pencils from China pursuant 
to section 751(c)(2) of the Tariff Act of 1930, as amended (the 
Act).\2\ On August 8, 15, and 16, 2022, respectively, Commerce received 
notices of intent to participate from the Dixon Ticonderoga Company 
(Dixon), Musgrave Pencil Company (Musgrave), and LaRose Industries LLC 
dba Cra-Z-Art (LaRose) (collectively, the domestic interested parties) 
within the deadline specified in 19 CFR 351.218(d)(1)(i).\3\ These 
companies claimed interested party status under section 771(9)(C) of 
the Act as domestic producers of pencils in the United States.
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    \1\ See Antidumping Duty Order: Certain Cased Pencils from the 
People's Republic of China, 59 FR 66909 (December 28, 1994) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 46943 
(August 1, 2022).
    \3\ See Dixon's Letter, ``Dixon Notice of Intent to Participate 
(Fifth Review),'' dated August 8, 2022; Musgrave's Letter, ``Notice 
of Intent to Participate,'' dated August 15, 2022; and LaRose's 
Letter, ``Notice of Intent to Participate,'' dated August 16, 2022.
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    Commerce received complete substantive responses from Dixon and 
Musgrave/LaRose on August 26 and 31, 2022, respectively, within the 30-
day

[[Page 71583]]

deadline specified in 19 CFR 351.218(d)(3)(i).\4\ No respondent 
interested party submitted a substantive response within the 50-day 
deadline. On September 20, 2022, Commerce notified the U.S. 
International Trade Commission that it did not receive an adequate 
substantive response from respondent interested parties in this sunset 
review.\5\ As a result, pursuant to section 751(c)(3)(B) of the Act and 
19 CFR 351.218(e)(1)(ii)(C)(2), Commerce is conducting an expedited 
(120-day) sunset review of the Order.
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    \4\ See Dixon's Letter, ``Dixon Substantive Response (Fifth 
Review),'' dated August 26, 2022; and Musgrave/LaRose's Letter, 
``Substantive Response of Domestic Interested Parties,'' dated 
August 31, 2022.
    \5\ See Commerce's Letter, ``Sunset Reviews Initiated on August 
1, 2022,'' dated September 20, 2022.
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Scope of the Order

    The merchandise covered by the Order is certain cased pencils of 
any shape or dimension 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 subject merchandise is currently provided for in item 
9609.10.10 of the Harmonized Tariff Schedule of the United States 
(HTSUS). While the HTSUS subheading is provided for convenience and 
customs purposes, the written description of the scope of this order is 
dispositive.\6\
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    \6\ For a full description of the scope of the Order, see 
Memorandum, ``Issues and Decision Memorandum for the Final Results 
of the Expedited Fifth Sunset Review of the Antidumping Duty Order 
on Certain Cased Pencils from the People's Republic of China,'' 
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 this sunset review are addressed in the 
accompanying Issues and Decision Memorandum.\7\ A list of topics 
discussed in the Issues and Decision Memorandum is included as an 
appendix to this notice. 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. A complete version of the Issues and Decision 
Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \7\ See Issues and Decision Memorandum.
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Final Results of Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the Order would be likely to 
lead to the continuation or recurrence of dumping, and that the 
magnitude of the margin likely to prevail is up to 53.65 percent.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
an 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. Timely 
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 and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 
19 CFR 351.218(e)(1)(ii)(C)(2) and 19 CFR 351.221(c)(5)(ii).

    Dated: November 17, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Dumping Margin Likely to Prevail
VII. Final Results of Expedited Fifth Sunset Review
VIII. Recommendation

[FR Doc. 2022-25553 Filed 11-22-22; 8:45 am]
BILLING CODE 3510-DS-P