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]

Download as PDF 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
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.