Certain Cased Pencils From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Determination To Revoke Order In Part; 2010-2011, 42932-42934 [2013-17160]
Download as PDF
<![CDATA[
42932
Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Notices
Disclosure
We will disclose the calculation
memorandum used in our analysis to
parties to this proceeding within five
days of the date of the publication of
this notice pursuant to 19 CFR
351.224(b).
Assessment
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), the
Department shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries in accordance with
the amended final results of this review.
In accordance with the Final
Modification for Reviews,8 we will
instruct CBP to liquidate entries by the
firms listed above without regard to
antidumping duties.
On October 24, 2011, the Department
announced a refinement to its
assessment practice in NME cases.9
Pursuant to this refinement in practice,
for entries that were not reported in the
U.S. sales databases submitted by
Weihai, the Department will instruct
CBP to liquidate such entries at the
PRC-wide rate.
We intend to issue assessment
instructions to CBP 15 days after the
date of publication of the amended final
results of review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective
retroactively on any entries made on or
after June 17, 2013, the date of
publication of the Final Results, for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption as provided by section
751(a)(2)(C) of the Act: (1) For subject
merchandise exported by the companies
listed above that have separate rates, the
cash deposit rate will be the rate
established in this amended final results
TKELLEY on DSK3SPTVN1PROD with NOTICES
6 During
this segment of the proceeding, we
identified certain name variations for several
companies. See Diamond Sawblades and Parts
Thereof From the People’s Republic of China:
Preliminary Results of Antidumping Duty
Administrative Review: 2010–11, 77 FR 73417,
73418–49, and accompanying Preliminary Decision
Memorandum at 14, unchanged in Final Results.
7 Weihai exported some of the subject
merchandise to the United States through its
Korean parent company, Ehwa Diamond Industrial
Co., Ltd. See, e.g., Weihai’s March 23, 2012, section
A response at 1–2.
8 See Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification for
Reviews).
9 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
VerDate Mar<15>2010
17:20 Jul 17, 2013
Jkt 229001
of review for each exporter as listed
above; (2) for previously investigated or
reviewed PRC and non-PRC exporters
not listed above that received a separate
rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the exporter-specific rate;
(3) for all PRC 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 PRCwide entity; (4) for all non-PRC
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC exporter that
supplied that non-PRC exporter. These
deposit requirements shall remain in
effect until further notice.
Notification
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 review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
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). 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.
These amended final results of review
are issued and published in accordance
with sections 751(h) and 777(i)(1) of the
Act.
Dated: July 11, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2013–17259 Filed 7–17–13; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
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 and
Determination To Revoke Order In
Part; 2010–2011
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 11, 2013, the
Department of Commerce (the
Department) published the preliminary
results of the antidumping duty
administrative review of certain cased
pencils (pencils) from the People’s
Republic of China (PRC). The period of
review (POR) is December 1, 2010,
through November 30, 2011. The review
covers one exporter of subject
merchandise, Beijing Fila Dixon
Stationery Company, Ltd. a/k/a Beijing
Dixon Ticonderoga Stationery
Company, Ltd., a/k/a Beijing Dixon
Stationery Company, Ltd., and Dixon
Ticonderoga Company (collectively,
Dixon). For the final results, we find
that Dixon did not make sales of the
subject merchandise at less than normal
value. Furthermore, the Department is
revoking the antidumping duty order in
part with respect to Dixon.
DATES: Effective Date: July 18, 2013.
FOR FURTHER INFORMATION CONTACT:
Mary Kolberg or Sergio Balbontin, AD/
CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone (202) 482–1785 or (202) 482–
6478, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 11, 2013, the Department
published the preliminary results of the
administrative review of the
antidumping duty order on pencils from
the PRC.1 On January 31, 2013, the
Department received comments from
Dixon concerning the Department’s
selection of the surrogate country and
the surrogate values used in the
Preliminary Results. The Department
conducted verification of Dixon’s sales
and factors of production responses
from April 8, 2013, through April 10,
1 See Certain Cased Pencils From the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review and
Intent Not To Revoke Order In Part; 2010–2011, 78
FR 2363 (January 11, 2013) (Preliminary Results).
Frm 00005
Fmt 4703
Sfmt 4703
E:\FR\FM\18JYN1.SGM
18JYN1
Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Notices
2013, in Beijing, PRC. We received a
case brief from Dixon on June 3, 2013,
and held a hearing on June 20, 2013. We
have conducted this administrative
review in accordance with section 751
of the Tariff Act of 1930, as amended
(the Act).
Scope of the Order
The merchandise covered by the order
includes certain cased pencils from the
PRC. Certain cased pencils subject to the
order are currently classified under the
Harmonized Tariff Schedule of the
United States (HTSUS) subheading
9609.10.00. While the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the scope of the order is
dispositive. A full description of the
scope of the order is contained in the
issues and decision memorandum.2
The Issues and Decision
Memorandum is a public document and
is on file electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
IA ACCESS is available to registered
users at https://iaaccess.trade.gov and is
available to all parties in the Central
Records Unit, room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the Internet at
https://www.trade.gov/ia. The signed
Issues and Decision Memorandum and
the electronic versions of the Issues and
Decision Memorandum are identical in
content.
Analysis of Comments Received
All issues raised in Dixon’s case brief
are addressed in the Issues and Decision
Memorandum. A list of the issues raised
is attached to this notice as an
Appendix.
TKELLEY on DSK3SPTVN1PROD with NOTICES
Changes From the Preliminary Results
Based on further information and
comments received from Dixon, we
have made certain revisions to the
margin calculations for Dixon.
Specifically, for the reasons explained
in the Issues and Decision
Memorandum at Comment 1, regarding
whether to use India or the Philippines
instead of Thailand as the primary
surrogate country, we have relied upon
the Philippines as the primary surrogate
2 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Import Administration,
entitled ‘‘Issues and Decision Memorandum for the
Administrative Review of the Antidumping Duty
Order on Certain Cased Pencils from the People’s
Republic of China’’ dated concurrently with this
notice (Issues and Decision Memorandum).
VerDate Mar<15>2010
17:20 Jul 17, 2013
Jkt 229001
country for valuing Dixon’s factors of
production for these final results.
Notice of Revocation of the Order, In
Part
As explained in the Issues and
Decision Memorandum, Dixon has met
the criteria described in 19 CFR
351.222(b)(1) and (2) for revocation of
the order, in part, and has submitted the
certifications and agreement for
reinstatement described in 19 CFR
351.222(e)(1).3 Therefore, we determine
that the order with respect to subject
merchandise exported by Dixon should
be revoked.
Final Results of the Review
As a result of this review, we
determine that the following weightedaverage dumping margin exists for
Dixon for the period December 1, 2010,
through November 30, 2011:
Weightedaverage
dumping
margin
(percent)
Exporter
Beijing Fila Dixon Stationery
Company, Ltd. a/k/a Beijing
Dixon Ticonderoga Stationery
Company, Ltd., a/k/a Beijing
Dixon Stationery Company,
Ltd. ..........................................
0.00
Assessment Rates
In accordance with the Final
Modification,4 the Department will
instruct U.S. Customs and Border
Protection (CBP) to liquidate entries for
Dixon without regard to antidumping
duties.
The Department recently announced a
refinement to its assessment practice in
non-market economy (NME) cases.5
Pursuant to this refinement in practice,
for entries that were not reported in the
U.S. sales databases submitted by
companies individually examined
during this review, the Department will
3 In May 2012, the Department amended its
regulations to eliminate the provision for revocation
of an antidumping or countervailing duty order
with respect to individual exporters or producers
based on those individual exporters or producers
having received antidumping rates of zero for three
consecutive years. See Modification to Regulation
Concerning the Revocation of Antidumping and
Countervailing Duty Orders, 77 FR 29875 (May 21,
2012). The Department’s amendment applies to all
reviews initiated on or after June 20, 2012. The
instant review was initiated in January 2012.
4 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101, 8102
(February 14, 2012) (Final Modification).
5 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
42933
instruct CBP to liquidate such entries at
the NME-wide rate.
We intend to issue instructions to
CBP 15 days after publication of the
final results of this review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from the PRC
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 Dixon,
which is revoked from the order, no
cash deposit will be required; (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
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
PRC 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 PRC-wide entity; and
(4) for all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporter that supplied that non-PRC
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
Disclosure
We will disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
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 review period. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties. See 19 CFR 351.402(f)(3).
Administrative Protective Order
This notice also serves as a 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, which continues
to govern business proprietary
E:\FR\FM\18JYN1.SGM
18JYN1
42934
Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Notices
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.
See 19 CFR 351.305(a)(3). Failure to
comply with the regulations and the
terms of an APO is a sanctionable
violation. See 19 CFR part 354.
These final results of administrative
review are issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: July 10, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix
Comment 1: Whether to use India or the
Philippines instead of Thailand as the
primary surrogate country
Comment 2: Whether the antidumping duty
order should be revoked as to Dixon
[FR Doc. 2013–17160 Filed 7–17–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: July 18, 2013.
SUMMARY: The Department of Commerce
(‘‘Department’’) hereby publishes a list
of scope rulings and anticircumvention
determinations made between January
1, 2013, and March 31, 2013. We intend
to publish future lists after the close of
the next calendar quarter.
FOR FURTHER INFORMATION CONTACT:
Jennifer Moats, AD/CVD Operations,
China/NME Group, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: 202–482–2615.
SUPPLEMENTARY INFORMATION:
TKELLEY on DSK3SPTVN1PROD with NOTICES
AGENCY:
Background
The Department’s regulations provide
that the Secretary will publish in the
Federal Register a list of scope rulings
on a quarterly basis.1 Our most recent
notification of scope rulings was
published on May 30, 2013.2 This
current notice covers all scope rulings
and anticircumvention determinations
made by Import Administration
between January 1, 2013, and March 31,
19 CFR 351.225(o).
Notice of Scope Rulings, 78 FR 32372 (May
30, 2013).
2 See
VerDate Mar<15>2010
17:20 Jul 17, 2013
Jkt 229001
Scope Rulings Made Between January
1, 2013, and March 31, 2013
Brazil
A–351–841: Polyethylene Film, Sheet
and Strip from Brazil
Requestor: Terphane, Inc. and
Terphane, Ltda; Certain co-polymer
surface films are not within the scope of
the antidumping duty order, provided
the performance-enhancing co-polymer
layer is greater than 0.00001 inches
thick, as determined by U.S. Customs
and Border Production; January 7, 2013.
Italy
A–475–818/C–475–819: Certain Pasta
From Italy
Requestor: Valdigrano di Flavio
Pagani S.r.L. (‘‘Valdigrano’’);
Valdigrano’s pasta product which
contains less than two percent egg white
is within the scope of the antidumping
and countervailing duty orders;
preliminary ruling March 25, 2013.
People’s Republic of China
Notice of Scope Rulings
1 See
2013, inclusive. As described below,
subsequent lists will follow after the
close of each calendar quarter.
A–570–901: Certain Lined Paper
Products from the People’s Republic of
China
Requestor: Franklin Mill; Lined
notebooks and Grid notebooks are not
within the scope of the antidumping
duty order; preliminary ruling January
16, 2013.
A–570–901: Certain Lined Paper
Products from the People’s Republic of
China
Requestor: Esselte Corporation; Stone
paper notebooks are within the scope of
the antidumping duty order; February
27, 2013.
A–570–504: Petroleum Wax Candles
from the People’s Republic of China
Requestor: Signature Brands, LLC
(‘‘Signature Brands’’); five of Signature
Brand’s candles, meeting all the
requirements as specified in the final
scope determination, are not within the
scope of the antidumping duty order,
and 17 of Signature Brand’s candles,
which did not meet all of the
requirements, are within the scope of
the antidumping duty order; March 7,
2013.
A–570–970 and C–570–971:
Multilayered Wood Flooring From the
People’s Republic of China
Requestor: Alston Inc. (‘‘Alston’’);
Alston’s two-ply hybrid flooring is not
within the scope of the antidumping
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
duty and countervailing duty orders;
March 12, 2013.
A–570–967 and C–570–968: Aluminum
Extrusions From the People’s Republic
of China
Requester: Tesla Wall System
(‘‘Tesla’’); Tesla’s curtain walls with
non-Chinese extrusions are not within
the scope of the antidumping duty and
countervailing duty orders; March 14,
2013.
A–570–967 and C–570–968: Aluminum
Extrusions from the People’s Republic
of China
Requester: Asia Sourcing Corporation
(‘‘ASC’’); ASC’s aluminum boat and
dock ladders (‘‘ladders’’), models ESG2
and ASC4, are not within the scope of
the antidumping and countervailing
duty orders, and ASC’s ladders, models
ASE, ASH, and DJX3–W, and strip door
mounting brackets are within the scope
of the antidumping duty and
countervailing duty orders; March 20,
2013.
Anticircumvention Determinations
Made Between January 1, 2013, and
March 31, 2013
People’s Republic of China
A–570–916 and C–570–917: Laminated
Woven Sacks from the People’s
Republic of China
Requestor: Laminated Woven Sacks
Committee and its individual members;
laminated woven sacks produced with
two ink colors printed in register and a
screening process are not circumventing
the antidumping duty and
countervailing duty orders; February 14,
2013.
A–570–894: Certain Tissue Paper
Products from the People’s Republic of
China
Requestor: Seaman Paper Company of
Massachusetts, Inc.; exports to the
United States of certain tissue paper
products produced in India by A.R.
Printing & Packaging (India) Pvt. Ltd.
from People’s Republic of China-origin
jumbo rolls and/or cut sheets of tissue
paper are circumventing the
antidumping duty order; preliminary
determination February 27, 2013.
Interested parties are invited to
comment on the completeness of this
list of completed scope and
anticircumvention inquiries. Any
comments should be submitted to the
Deputy Assistant Secretary for AD/CVD
Operations, Import Administration,
International Trade Administration,
14th Street and Constitution Avenue
NW., APO/Dockets Unit, Room 1870,
Washington, DC 20230.
E:\FR\FM\18JYN1.SGM
18JYN1
]]>Agencies
[Federal Register Volume 78, Number 138 (Thursday, July 18, 2013)]
[Notices]
[Pages 42932-42934]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17160]
-----------------------------------------------------------------------
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 and Determination To
Revoke Order In Part; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 11, 2013, the Department of Commerce (the
Department) published the preliminary results of the antidumping duty
administrative review of certain cased pencils (pencils) from the
People's Republic of China (PRC). The period of review (POR) is
December 1, 2010, through November 30, 2011. The review covers one
exporter of subject merchandise, Beijing Fila Dixon Stationery Company,
Ltd. a/k/a Beijing Dixon Ticonderoga Stationery Company, Ltd., a/k/a
Beijing Dixon Stationery Company, Ltd., and Dixon Ticonderoga Company
(collectively, Dixon). For the final results, we find that Dixon did
not make sales of the subject merchandise at less than normal value.
Furthermore, the Department is revoking the antidumping duty order in
part with respect to Dixon.
DATES: Effective Date: July 18, 2013.
FOR FURTHER INFORMATION CONTACT: Mary Kolberg or Sergio Balbontin, AD/
CVD Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-1785
or (202) 482-6478, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 11, 2013, the Department published the preliminary
results of the administrative review of the antidumping duty order on
pencils from the PRC.\1\ On January 31, 2013, the Department received
comments from Dixon concerning the Department's selection of the
surrogate country and the surrogate values used in the Preliminary
Results. The Department conducted verification of Dixon's sales and
factors of production responses from April 8, 2013, through April 10,
[[Page 42933]]
2013, in Beijing, PRC. We received a case brief from Dixon on June 3,
2013, and held a hearing on June 20, 2013. We have conducted this
administrative review in accordance with section 751 of the Tariff Act
of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Certain Cased Pencils From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review
and Intent Not To Revoke Order In Part; 2010-2011, 78 FR 2363
(January 11, 2013) (Preliminary Results).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the order includes certain cased pencils
from the PRC. Certain cased pencils subject to the order are currently
classified under the Harmonized Tariff Schedule of the United States
(HTSUS) subheading 9609.10.00. While the HTSUS subheading is provided
for convenience and customs purposes, the written description of the
scope of the order is dispositive. A full description of the scope of
the order is contained in the issues and decision memorandum.\2\
---------------------------------------------------------------------------
\2\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations to Paul
Piquado, Assistant Secretary for Import Administration, entitled
``Issues and Decision Memorandum for the Administrative Review of
the Antidumping Duty Order on Certain Cased Pencils from the
People's Republic of China'' dated concurrently with this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
The Issues and Decision Memorandum is a public document and is on
file electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA ACCESS).
IA ACCESS is available to registered users at https://iaaccess.trade.gov
and is available to all parties in the Central Records Unit, room 7046
of the main Department of Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
on the Internet at https://www.trade.gov/ia. The signed Issues and
Decision Memorandum and the electronic versions of the Issues and
Decision Memorandum are identical in content.
Analysis of Comments Received
All issues raised in Dixon's case brief are addressed in the Issues
and Decision Memorandum. A list of the issues raised is attached to
this notice as an Appendix.
Changes From the Preliminary Results
Based on further information and comments received from Dixon, we
have made certain revisions to the margin calculations for Dixon.
Specifically, for the reasons explained in the Issues and Decision
Memorandum at Comment 1, regarding whether to use India or the
Philippines instead of Thailand as the primary surrogate country, we
have relied upon the Philippines as the primary surrogate country for
valuing Dixon's factors of production for these final results.
Notice of Revocation of the Order, In Part
As explained in the Issues and Decision Memorandum, Dixon has met
the criteria described in 19 CFR 351.222(b)(1) and (2) for revocation
of the order, in part, and has submitted the certifications and
agreement for reinstatement described in 19 CFR 351.222(e)(1).\3\
Therefore, we determine that the order with respect to subject
merchandise exported by Dixon should be revoked.
---------------------------------------------------------------------------
\3\ In May 2012, the Department amended its regulations to
eliminate the provision for revocation of an antidumping or
countervailing duty order with respect to individual exporters or
producers based on those individual exporters or producers having
received antidumping rates of zero for three consecutive years. See
Modification to Regulation Concerning the Revocation of Antidumping
and Countervailing Duty Orders, 77 FR 29875 (May 21, 2012). The
Department's amendment applies to all reviews initiated on or after
June 20, 2012. The instant review was initiated in January 2012.
---------------------------------------------------------------------------
Final Results of the Review
As a result of this review, we determine that the following
weighted-average dumping margin exists for Dixon for the period
December 1, 2010, through November 30, 2011:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Beijing Fila Dixon Stationery Company, Ltd. a/k/a Beijing 0.00
Dixon Ticonderoga Stationery Company, Ltd., a/k/a Beijing
Dixon Stationery Company, Ltd..............................
------------------------------------------------------------------------
Assessment Rates
In accordance with the Final Modification,\4\ the Department will
instruct U.S. Customs and Border Protection (CBP) to liquidate entries
for Dixon without regard to antidumping duties.
---------------------------------------------------------------------------
\4\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification).
---------------------------------------------------------------------------
The Department recently announced a refinement to its assessment
practice in non-market economy (NME) cases.\5\ Pursuant to this
refinement in practice, for entries that were not reported in the U.S.
sales databases submitted by companies individually examined during
this review, the Department will instruct CBP to liquidate such entries
at the NME-wide rate.
---------------------------------------------------------------------------
\5\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------
We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from the PRC 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 Dixon, which is
revoked from the order, no cash deposit will be required; (2) for
previously investigated or reviewed PRC and non-PRC exporters not
listed above 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 PRC 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 PRC-wide entity; and (4) for
all non-PRC exporters of subject merchandise which have not received
their own rate, the cash deposit rate will be the rate applicable to
the PRC exporter that supplied that non-PRC exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
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 review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties. See 19 CFR 351.402(f)(3).
Administrative Protective Order
This notice also serves as a 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, which continues
to govern business proprietary
[[Page 42934]]
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. See 19
CFR 351.305(a)(3). Failure to comply with the regulations and the terms
of an APO is a sanctionable violation. See 19 CFR part 354.
These final results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: July 10, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
Comment 1: Whether to use India or the Philippines instead of
Thailand as the primary surrogate country
Comment 2: Whether the antidumping duty order should be revoked as
to Dixon
[FR Doc. 2013-17160 Filed 7-17-13; 8:45 am]
BILLING CODE 3510-DS-P
