Certain Cased Pencils From the People's Republic of China: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 10457-10458 [2015-04081]
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Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Notices
was submitted pursuant to the
provisions of the Foreign-Trade Zones
Act, as amended (19 U.S.C. 81a–81u),
and the regulations of the Board (15 CFR
part 400). It was formally docketed on
February 20, 2015.
The proposed subzone (3.9090 acres)
is located at Road #5, Marginal Street,
Luchetti Industrial Park, Bo. Juan
Sanchez, Bayamon. The proposed
subzone would be subject to the existing
activation limit of FTZ 61. No
authorization for production activity has
been requested at this time.
In accordance with the Board’s
regulations, Camille Evans of the FTZ
Staff is designated examiner to review
the application and make
recommendations to the Executive
Secretary.
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary at the address below. The
closing period for their receipt is April
7, 2015. Rebuttal comments in response
to material submitted during the
foregoing period may be submitted
during the subsequent 15-day period to
April 22, 2015.
A copy of the application will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the Board’s
Web site, which is accessible via
www.trade.gov/ftz. For further
information, contact Camille Evans at
Camille.Evans@trade.gov or (202) 482–
2350.
Dated: February 20, 2015.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2015–04070 Filed 2–25–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–827]
rmajette on DSK2VPTVN1PROD with NOTICES
Certain Cased Pencils From the
People’s Republic of China: Notice of
Initiation and Preliminary Results of
Antidumping Duty Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) has received
information sufficient to warrant
initiation of a changed circumstances
AGENCY:
VerDate Sep<11>2014
15:27 Feb 25, 2015
Jkt 235001
review of the antidumping duty order
on certain cased pencils (pencils) from
the People’s Republic of China (PRC).1
Based upon the request, the Department
is initiating a changed circumstances
review (CCR) to determine whether
pencils exported by Beijing FILA Dixon
Stationery Co., Ltd.2 (Beijing Dixon)
continue not to be subject to the Order.
In response to the request, and pursuant
to section 751(b) of the Tariff Act of
1930, as amended (the Act), 19 CFR
351.216, and 19 CFR 351.221(c)(3), the
Department preliminarily determines
that Beijing Dixon, after the changed
circumstances, is the successor-ininterest to Beijing Dixon at the time of
the Revocation, such that the revocation
of the antidumping duty order with
respect to Beijing Dixon 3 continues to
apply to Beijing Dixon as currently
structured. We invite interested parties
to comment on these preliminary
results.
DATES: Effective: February 26, 2015.
FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–6478.
SUPPLEMENTARY INFORMATION: On
December 28, 1994, the Department
published the Order on pencils from the
PRC.4 On July 18, 2013, the Department
revoked the Order on pencils from the
PRC with respect to pencils exported by
Beijing Dixon.5
Background
On November 27, 2014, pursuant to
19 CFR 351.216 and 19 CFR 351.221,
Beijing Dixon, and the Dixon
Ticonderoga Company (Ticonderoga),
Beijing Dixon’s U.S. parent company,
requested a CCR because Beijing Dixon’s
production of pencils is now performed
by Fila Dixon Stationery (Kunshan) Co.,
Ltd. (Kunshan Dixon), a wholly-owned
subsidiary of Beijing Dixon formed after
the Revocation.6 Beijing Dixon and
1 See Antidumping Duty Order: Certain Cased
Pencils From the People’s Republic of China, 59 FR
66909 (December 28, 1994) (Order).
2 A/k/a Beijing Dixon Ticonderoga Stationery
Company, Ltd., and Beijing Dixon Stationery
Company.
3 See 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, 78 FR 42932 (July
18, 2013) (Revocation) and accompanying Issues
and Decision Memorandum (IDM).
4 See Order.
5 See Revocation and accompanying IDM.
6 See letter from Dixon, ‘‘Request for Changed
Circumstances Review pursuant to 19 CFR 351.216
on behalf of Dixon Ticonderoga Company’’ dated
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
10457
Dixon Ticonderoga requested that the
Department ‘‘confirm that {Kunshan
Dixon} is the same entity as (or
successor-in-interest to) Beijing
Dixon.’’ 7 Beijing Dixon produced and
exported pencils at the time of the
Revocation. Beijing Dixon has since
amended its business license and
continues to function as the exporter of
pencils, now produced by its subsidiary
Kunshan Dixon.8 Based on these events
since the Revocation, Ticonderoga and
Beijing Dixon contend that Kunshan
Dixon is the successor-in-interest to
Beijing Dixon; as such, they request that
the Department apply its determination
to revoke the Order with respect to
Beijing Dixon to pencils produced by
Kunshan Dixon and exported by Beijing
Dixon.
Scope of the Order
The merchandise subject to the order
includes pencils from the PRC. Pencils
are currently classifiable under
Harmonized Tariff Schedule of the
United States (HTSUS) subheading
9609.1010. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written product description is
dispositive.9
Methodology
In making a successor-in-interest
determination, the Department typically
examines several factors including, but
not limited to, changes in: (1)
Management; (2) production facilities;
(3) supplier relationships; and (4)
customer base.10 While no single factor
or combination of factors will
necessarily be dispositive, the
Department generally will consider the
new company to be the successor to the
predecessor if the resulting operations
of the successor are not materially
dissimilar to that of its predecessor.11
November 27, 2014 at 4 (CCR Request) and refiled
on December 10, 2014.
7 Id. at 2.
8 Id. at 5.
9 For a complete description of the Scope of the
Order, please see Memorandum to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Antidumping
Duty Order on Certain Cased Pencils From the
People’s Republic of China: Decision Memorandum
for Preliminary Results of Antidumping Duty
Changed Circumstances Review Requested by the
Dixon Ticonderoga Companies,’’ dated concurrently
with this notice (Preliminary Decision
Memorandum).
10 See, e.g., Certain Activated Carbon From the
People’s Republic of China: Notice of Initiation of
Changed Circumstances Review, 74 FR 19934,
19935 (April 30, 2009).
11 See, e.g., Notice of Initiation of Antidumping
Duty Changed Circumstances Review: Certain
E:\FR\FM\26FEN1.SGM
Continued
26FEN1
10458
Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Notices
Thus, if the record demonstrates that,
with respect to the production and sale
of the subject merchandise, the new
company operates as the same business
entity as the predecessor company, the
Department may assign the new
company the cash deposit rate of its
predecessor.12 For a full description of
the methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
I of this notice.
rmajette on DSK2VPTVN1PROD with NOTICES
Initiation and Preliminary Results of
the Changed Circumstances Review
Pursuant to section 751(b)(1) of the
Act and 19 CFR 351.216(d), the
Department will conduct a CCR upon
receipt of a request from an interested
party or receipt of information
concerning an antidumping duty order
which shows changed circumstances
sufficient to warrant a review of the
order. Section 351.221(c)(3)(ii) of the
Department’s regulations permits the
Department to combine the initiation
and preliminary results of a CCR if the
Department concludes that expedited
action is warranted. In this instance, we
have information on the record
necessary to reach the preliminary
results of CCR. As such, we find that
expedited action is warranted.
Accordingly, we have combined the
preliminary results with the initiation.
We preliminarily determine that
Beijing Dixon, under its new business
license, (i.e., Beijing Dixon is now
registered as an exporter, and it exports
pencils produced by Kunshan Dixon), is
the successor-in-interest to Beijing
Dixon for the purposes of administering
the Order and it revocation with respect
to Beijing Dixon. The Preliminary
Decision Memorandum provides a full
description of the analysis underlying
our conclusions.
Public Comment
Interested parties are invited to
comment on these preliminary results in
accordance with 19 CFR
351.309(c)(1)(ii). Pursuant to 19 CFR
351.310(c), any interested party may
request a hearing within 30 days of
publication of this notice. Parties will be
notified of the time and date of any
hearing, if requested. Pursuant to 19
CFR 351.309(c)(1)(ii), interested parties
may submit case briefs and/or written
comments not later than 30 days after
Forged Stainless Steel Flanges from India, 71 FR
327, 327 (January 4, 2006).
12 See, e.g., Fresh and Chilled Atlantic Salmon
From Norway; Final Results of Changed
Circumstances Antidumping Duty Administrative
Review, 64 FR 9979, 9980 (March 1, 1999).
VerDate Sep<11>2014
15:27 Feb 25, 2015
Jkt 235001
the publication of this notice. Rebuttal
briefs, and rebuttals to written
comments, which must be limited to
issues raised in such briefs or
comments, may be filed not later than
5 days after the date of publication of
this notice. Parties who submit case
briefs or rebuttal briefs in this CCR are
requested to submit with each
argument: (1) A statement of the issue;
and (2) a brief summary of the
argument; and (3) a table of authorities.
Interested parties who wish to comment
on the preliminary results must file
briefs electronically using ACCESS. An
electronically-filed document must be
received successfully in its entirety by
the Department’s electronic records
system, ACCESS, by 5 p.m. Eastern
Time on the date the document is due.
In accordance with 19 CFR
351.216(e), the Department intends to
issue the final results of this changed
circumstance review not later than 270
days after the date on which the review
is initiated, or within 45 days if all
parties agree to our preliminary finding.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(b) and
777(i)(1) of the Act, and 19 CFR 351.216
and 351.221(c)(3)(ii).
Dated: February 18, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Successor-in-Interest Analysis
a. Analytical Framework
b. Relevant Facts
i. Management
ii. Production Facilities
iii. Customer Base
iv. Suppliers
c. Analysis
i. Time Period
ii. Successorship Analysis
1. Management
2. Production Facilities
3. Customer Base
Suppliers
5. Recommendation
[FR Doc. 2015–04081 Filed 2–25–15; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD784
Fisheries of the Northeastern United
States; Atlantic Herring Fishery; Notice
of Intent To Prepare an Environmental
Impact Statement; Scoping Process;
Request for Comments
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; intent to prepare an
environmental impact statement and
initiate scoping process; request for
comments.
AGENCY:
The New England Fishery
Management Council announces its
intention to prepare, in cooperation
with NMFS, an environmental impact
statement in accordance with the
National Environmental Policy Act. An
environmental impact statement may be
necessary to provide analytical support
for Amendment 8 to the Atlantic
Herring Fishery Management Plan.
Amendment 8 would specify a longterm acceptable biological catch control
rule for the herring fishery and consider
acceptable biological catch control rule
alternatives that account for herring’s
role in the ecosystem. This notice is to
alert the interested public of the scoping
process and potential development of a
draft environmental impact statement
and to outline opportunity for public
participation in that process.
DATES: Written and electronic scoping
comments must be received on or before
5 p.m., local time, April 30, 2015.
ADDRESSES: Written scoping comments
on Amendment 8 may be sent by any of
the following methods:
• Email to the following address:
comments@nefmc.org;
• Mail to Thomas A. Nies, Executive
Director, New England Fishery
Management Council, 50 Water Street,
Mill 2, Newburyport, MA 01950; or
• Fax to (978) 465–3116.
Requests for copies of the
Amendment 8 scoping document and
other information should be directed to
Thomas A. Nies, Executive Director,
New England Fishery Management
Council, 50 Water Street, Mill 2,
Newburyport, MA 01950, telephone
(978) 465–0492. The scoping document
is accessible electronically via the
Internet at https://www.nefmc.org.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
New England Fishery Management
Council, (978) 465–0492.
SUMMARY:
E:\FR\FM\26FEN1.SGM
26FEN1
]]>Agencies
[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Notices]
[Pages 10457-10458]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-04081]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-827]
Certain Cased Pencils From the People's Republic of China: Notice
of Initiation and Preliminary Results of Antidumping Duty Changed
Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has received
information sufficient to warrant initiation of a changed circumstances
review of the antidumping duty order on certain cased pencils (pencils)
from the People's Republic of China (PRC).\1\ Based upon the request,
the Department is initiating a changed circumstances review (CCR) to
determine whether pencils exported by Beijing FILA Dixon Stationery
Co., Ltd.\2\ (Beijing Dixon) continue not to be subject to the Order.
In response to the request, and pursuant to section 751(b) of the
Tariff Act of 1930, as amended (the Act), 19 CFR 351.216, and 19 CFR
351.221(c)(3), the Department preliminarily determines that Beijing
Dixon, after the changed circumstances, is the successor-in-interest to
Beijing Dixon at the time of the Revocation, such that the revocation
of the antidumping duty order with respect to Beijing Dixon \3\
continues to apply to Beijing Dixon as currently structured. We invite
interested parties to comment on these preliminary results.
---------------------------------------------------------------------------
\1\ See Antidumping Duty Order: Certain Cased Pencils From the
People's Republic of China, 59 FR 66909 (December 28, 1994) (Order).
\2\ A/k/a Beijing Dixon Ticonderoga Stationery Company, Ltd.,
and Beijing Dixon Stationery Company.
\3\ See 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, 78 FR 42932 (July
18, 2013) (Revocation) and accompanying Issues and Decision
Memorandum (IDM).
---------------------------------------------------------------------------
DATES: Effective: February 26, 2015.
FOR FURTHER INFORMATION CONTACT: Sergio Balbontin, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-6478.
SUPPLEMENTARY INFORMATION: On December 28, 1994, the Department
published the Order on pencils from the PRC.\4\ On July 18, 2013, the
Department revoked the Order on pencils from the PRC with respect to
pencils exported by Beijing Dixon.\5\
---------------------------------------------------------------------------
\4\ See Order.
\5\ See Revocation and accompanying IDM.
---------------------------------------------------------------------------
Background
On November 27, 2014, pursuant to 19 CFR 351.216 and 19 CFR
351.221, Beijing Dixon, and the Dixon Ticonderoga Company
(Ticonderoga), Beijing Dixon's U.S. parent company, requested a CCR
because Beijing Dixon's production of pencils is now performed by Fila
Dixon Stationery (Kunshan) Co., Ltd. (Kunshan Dixon), a wholly-owned
subsidiary of Beijing Dixon formed after the Revocation.\6\ Beijing
Dixon and Dixon Ticonderoga requested that the Department ``confirm
that {Kunshan Dixon{time} is the same entity as (or successor-in-
interest to) Beijing Dixon.'' \7\ Beijing Dixon produced and exported
pencils at the time of the Revocation. Beijing Dixon has since amended
its business license and continues to function as the exporter of
pencils, now produced by its subsidiary Kunshan Dixon.\8\ Based on
these events since the Revocation, Ticonderoga and Beijing Dixon
contend that Kunshan Dixon is the successor-in-interest to Beijing
Dixon; as such, they request that the Department apply its
determination to revoke the Order with respect to Beijing Dixon to
pencils produced by Kunshan Dixon and exported by Beijing Dixon.
---------------------------------------------------------------------------
\6\ See letter from Dixon, ``Request for Changed Circumstances
Review pursuant to 19 CFR 351.216 on behalf of Dixon Ticonderoga
Company'' dated November 27, 2014 at 4 (CCR Request) and refiled on
December 10, 2014.
\7\ Id. at 2.
\8\ Id. at 5.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the order includes pencils from the PRC.
Pencils are currently classifiable under Harmonized Tariff Schedule of
the United States (HTSUS) subheading 9609.1010. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written product description is dispositive.\9\
---------------------------------------------------------------------------
\9\ For a complete description of the Scope of the Order, please
see Memorandum to Paul Piquado, Assistant Secretary for Enforcement
and Compliance, from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, ``Antidumping Duty
Order on Certain Cased Pencils From the People's Republic of China:
Decision Memorandum for Preliminary Results of Antidumping Duty
Changed Circumstances Review Requested by the Dixon Ticonderoga
Companies,'' dated concurrently with this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Methodology
In making a successor-in-interest determination, the Department
typically examines several factors including, but not limited to,
changes in: (1) Management; (2) production facilities; (3) supplier
relationships; and (4) customer base.\10\ While no single factor or
combination of factors will necessarily be dispositive, the Department
generally will consider the new company to be the successor to the
predecessor if the resulting operations of the successor are not
materially dissimilar to that of its predecessor.\11\
[[Page 10458]]
Thus, if the record demonstrates that, with respect to the production
and sale of the subject merchandise, the new company operates as the
same business entity as the predecessor company, the Department may
assign the new company the cash deposit rate of its predecessor.\12\
For a full description of the methodology underlying our conclusions,
see the Preliminary Decision Memorandum. A list of topics discussed in
the Preliminary Decision Memorandum is included as Appendix I of this
notice.
---------------------------------------------------------------------------
\10\ See, e.g., Certain Activated Carbon From the People's
Republic of China: Notice of Initiation of Changed Circumstances
Review, 74 FR 19934, 19935 (April 30, 2009).
\11\ See, e.g., Notice of Initiation of Antidumping Duty Changed
Circumstances Review: Certain Forged Stainless Steel Flanges from
India, 71 FR 327, 327 (January 4, 2006).
\12\ See, e.g., Fresh and Chilled Atlantic Salmon From Norway;
Final Results of Changed Circumstances Antidumping Duty
Administrative Review, 64 FR 9979, 9980 (March 1, 1999).
---------------------------------------------------------------------------
Initiation and Preliminary Results of the Changed Circumstances Review
Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), the
Department will conduct a CCR upon receipt of a request from an
interested party or receipt of information concerning an antidumping
duty order which shows changed circumstances sufficient to warrant a
review of the order. Section 351.221(c)(3)(ii) of the Department's
regulations permits the Department to combine the initiation and
preliminary results of a CCR if the Department concludes that expedited
action is warranted. In this instance, we have information on the
record necessary to reach the preliminary results of CCR. As such, we
find that expedited action is warranted. Accordingly, we have combined
the preliminary results with the initiation.
We preliminarily determine that Beijing Dixon, under its new
business license, (i.e., Beijing Dixon is now registered as an
exporter, and it exports pencils produced by Kunshan Dixon), is the
successor-in-interest to Beijing Dixon for the purposes of
administering the Order and it revocation with respect to Beijing
Dixon. The Preliminary Decision Memorandum provides a full description
of the analysis underlying our conclusions.
Public Comment
Interested parties are invited to comment on these preliminary
results in accordance with 19 CFR 351.309(c)(1)(ii). Pursuant to 19 CFR
351.310(c), any interested party may request a hearing within 30 days
of publication of this notice. Parties will be notified of the time and
date of any hearing, if requested. Pursuant to 19 CFR
351.309(c)(1)(ii), interested parties may submit case briefs and/or
written comments not later than 30 days after the publication of this
notice. Rebuttal briefs, and rebuttals to written comments, which must
be limited to issues raised in such briefs or comments, may be filed
not later than 5 days after the date of publication of this notice.
Parties who submit case briefs or rebuttal briefs in this CCR are
requested to submit with each argument: (1) A statement of the issue;
and (2) a brief summary of the argument; and (3) a table of
authorities. Interested parties who wish to comment on the preliminary
results must file briefs electronically using ACCESS. An
electronically-filed document must be received successfully in its
entirety by the Department's electronic records system, ACCESS, by 5
p.m. Eastern Time on the date the document is due.
In accordance with 19 CFR 351.216(e), the Department intends to
issue the final results of this changed circumstance review not later
than 270 days after the date on which the review is initiated, or
within 45 days if all parties agree to our preliminary finding.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(b) and 777(i)(1) of the Act, and 19 CFR 351.216 and
351.221(c)(3)(ii).
Dated: February 18, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Successor-in-Interest Analysis
a. Analytical Framework
b. Relevant Facts
i. Management
ii. Production Facilities
iii. Customer Base
iv. Suppliers
c. Analysis
i. Time Period
ii. Successorship Analysis
1. Management
2. Production Facilities
3. Customer Base
Suppliers
5. Recommendation
[FR Doc. 2015-04081 Filed 2-25-15; 8:45 am]
BILLING CODE 3510-DS-P
