Certain Cased Pencils From the People's Republic of China: Final Results of Antidumping Duty Changed Circumstances Review, 19073-19074 [2015-08221]

Download as PDF Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Notices written briefs, within 120 days after the date of publication of this notice, unless extended, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon completion of the administrative review, the Department shall determine and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. If CP Kelco’s weighted-average dumping margin is above de minimis in the final results of this review, we will calculate an importer-specific assessment rate on the basis of the ratio of the total amount of antidumping duties calculated for the importer’s examined sales and the total entered value of such sales in accordance with 19 CFR 351.212(b)(1). If CP Kelco’s weighted-average dumping margin is zero or de minimis in the final results of review, or an importer-specific rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to dumping margins.7 The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003.8 This clarification will apply to entries of subject merchandise during the POR produced by CP Kelco for which it did not know its merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate un-reviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. We intend to issue instructions to CBP 15 days after publication of the final results of this review. Rmajette on DSK2VPTVN1PROD with NOTICES Cash Deposit Requirements The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for CP Kelco Oy will be the rate established in the final results of this administrative review except if the rate is de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for merchandise exported by manufacturers or exporters not covered 7 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101, 8102 (February 14, 2012) (Final Modification for Reviews). 8 For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). VerDate Sep<11>2014 15:13 Apr 08, 2015 Jkt 235001 in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recent period in which the manufacturer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original less-than-fair-value investigation but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 6.65 percent, the all-others rate established in the less-than-fair-value investigation.9 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary 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 double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: April 2, 2015. Paul Piquado, Assistant Secretary for Enforcement & Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum Summary Background Scope of The Order Methodology Fair Value Comparisons Product Comparisons Determination of Comparison Margins Results of Differential Pricing Analysis Date of Sale U.S. Price Export Price Constructed Export Price U.S. Sample Sales Normal Value Home Market Viability as Comparison Market Calculation of NV Based On Comparison Market Prices Home Market Sample Sales 9 See Notice of Antidumping Duty Orders: Purified Carboxymethylcellulose from Finland, Mexico, the Netherlands and Sweden, 70 FR 39734 (July 11, 2005). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 19073 Cost of Production Analysis Level of Trade Analysis CEP Offset Calculation of Normal Value Based on Constructed Value Currency Conversion Conclusion [FR Doc. 2015–08210 Filed 4–8–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–827] Certain Cased Pencils From the People’s Republic of China: Final Results of Antidumping Duty Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: On February 26, 2015, the Department of Commerce (the Department) published the notice of initiation and the preliminary results of the changed circumstances review (CCR) of the antidumping duty order on certain cased pencils (pencils) from the People’s Republic of China (PRC), in which the Department preliminarily determined that Beijing FILA Dixon Stationery Co., Ltd.1 (Beijing Dixon), as currently structured under its new business license, is the successor-ininterest to Beijing Dixon.2 For these final results, the Department continues to find that Beijing Dixon is the successor-in-interest to Beijing Dixon as that entity existed at the time the Department revoked the order 3 with respect to Beijing Dixon.4 Accordingly, the Revocation of the antidumping duty Order with respect to Beijing Dixon continues to apply to Beijing Dixon as currenly structured. DATES: Effective: April 9, 2015. AGENCY: 1 A/k/a Beijing Dixon Ticonderoga Stationery Company, Ltd., and Beijing Dixon Stationery Company. 2 See Certain Cased Pencils from the People’s Republic of China: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 80 FR 10457 (February 26, 2015) (Preliminary Results) and accompanying memorandum, ‘‘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 February 18, 2015 (Preliminary Decision Memorandum). 3 See Antidumping Duty Order: Certain Cased Pencils from the People’s Republic of China, 59 FR 66909 (December 28, 1994) (Order). 4 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). E:\FR\FM\09APN1.SGM 09APN1 19074 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Notices 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: Background On December 28, 1994, the Department published the Order on pencils from the PRC.5 On July 18, 2013, the Department revoked the Order on pencils from the PRC with respect to pencils exported by Beijing Dixon.6 On November 27, 2014, Beijing Dixon requsted that the Department conduct a CCR pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), 19 CFR 351.216(b), and 19 CFR 351.221, to determine whether it is the successorin-interest to Beijing Dixon for purposes of the Order.7 On February 26, 2015, the Department concurrently initiated and published the Preliminary Results of the CCR of the antidumping duty Order on pencils exported by Beijing Dixon.8 We invited comments from interested parties, but no party commented on the Preliminary Results or requested a hearing. This CCR is being conducted in accordance with section pursuant to section 751(b) of the Act, 19 CFR 351.216, and 19 CFR 351.221(c)(3). 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 Final Results of Changed Circumstances Review Because no interested parties submitted comments on the Department’s Preliminary Results, and because there is no other information or evidence on the record that calls into question the Preliminary Results, the Department adopts the reasoning and findings of fact outlined in the Prelilminary Results and Preliminary Decision Memorandum, and determines that Beijing Dixon is the successor-ininterest to Beijing Dixon at the time of the Revocation.10 Application of the Revocation of the Order As explained in the Preliminary Resuts and the Preliminary Decision Memorandum, the Revocation of the antidumping duty Order with respect to Beijing Dixon, as that entity existed at the time of Revocation, continues to apply to Beijing Dixon as currenly structured. Instructions to U.S. Customs and Border Protection As a result of this determination, the Department finds that entries of subject merchandise exported by Beijing Dixon as currently structured should receive the same antidumping duty treatment with respect to cased pencils as its predecessor-in-interest. Accordingly, the Department will continue to instruct U.S. Customs and Border Protection to liquidate entries for Beijing Dixon without regard to antidumping duties. 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 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(b)(1) and 777(i) of the Act and 19 CFR 351.216(e). Rmajette on DSK2VPTVN1PROD with NOTICES 5 See Dated: April 3, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. 6 See [FR Doc. 2015–08221 Filed 4–8–15; 8:45 am] Order. Revocation and accompanying IDM. 7 See letter from Beijing Dixon to the Department dated November 27, 2014, ‘‘Request for Changed Circumstances Review pursuant to 19 CFR 351.216 on behalf of Dixon Ticonderoga Company.’’ 8 See Prelilminary Results and Preliminary Decision Memorandum. 9 For a complete description of the scope of the Order, see Preliminary Decision Memorandum at 4. VerDate Sep<11>2014 15:13 Apr 08, 2015 Jkt 235001 BILLING CODE 3510–DS–P 10 See PO 00000 Preliminary Results, 80 FR at 10457. Frm 00016 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Pacific Islands Region Coral Reef Ecosystems Permit Form National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. AGENCY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before June 8, 2015. ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at JJessup@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Walter Ikehara, (808) 725– 5175 or Walter.Ikehara@noaa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Abstract This request is for extension of a current information collection. National Marine Fisheries Service (NMFS) requires, as codified under 50 CFR part 665, any person (1) fishing for, taking, retaining, or using a vessel to fish for Western Pacific coral reef ecosystem management unit species in the designated low-use Marine Protected Areas, (2) fishing for any of these species using gear not specifically allowed in the regulations, or (3) fishing for, taking, or retaining any Potentially Harvested Coral Reef Taxa in the coral reef ecosystem regulatory area, to obtain and carry a permit. A receiving vessel owner must also have a transshipment permit for at-sea transshipment of coral reef ecosystem management unit species. The permit application form provides basic information about the permit applicant, vessel, fishing gear and method, target species, projected fishing effort, etc., for use by NMFS and the Western Pacific Fishery Management Council in determining eligibility for permit issuance. The E:\FR\FM\09APN1.SGM 09APN1

Agencies

[Federal Register Volume 80, Number 68 (Thursday, April 9, 2015)]
[Notices]
[Pages 19073-19074]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08221]


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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 Changed Circumstances Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Commerce.
SUMMARY: On February 26, 2015, the Department of Commerce (the 
Department) published the notice of initiation and the preliminary 
results of the changed circumstances review (CCR) of the antidumping 
duty order on certain cased pencils (pencils) from the People's 
Republic of China (PRC), in which the Department preliminarily 
determined that Beijing FILA Dixon Stationery Co., Ltd.\1\ (Beijing 
Dixon), as currently structured under its new business license, is the 
successor-in-interest to Beijing Dixon.\2\ For these final results, the 
Department continues to find that Beijing Dixon is the successor-in-
interest to Beijing Dixon as that entity existed at the time the 
Department revoked the order \3\ with respect to Beijing Dixon.\4\ 
Accordingly, the Revocation of the antidumping duty Order with respect 
to Beijing Dixon continues to apply to Beijing Dixon as currenly 
structured.
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    \1\ A/k/a Beijing Dixon Ticonderoga Stationery Company, Ltd., 
and Beijing Dixon Stationery Company.
    \2\ See Certain Cased Pencils from the People's Republic of 
China: Notice of Initiation and Preliminary Results of Antidumping 
Duty Changed Circumstances Review, 80 FR 10457 (February 26, 2015) 
(Preliminary Results) and accompanying memorandum, ``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 February 18, 2015 (Preliminary Decision 
Memorandum).
    \3\ See Antidumping Duty Order: Certain Cased Pencils from the 
People's Republic of China, 59 FR 66909 (December 28, 1994) (Order).
    \4\ 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: April 9, 2015.

[[Page 19074]]


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: 

Background

    On December 28, 1994, the Department published the Order on pencils 
from the PRC.\5\ On July 18, 2013, the Department revoked the Order on 
pencils from the PRC with respect to pencils exported by Beijing 
Dixon.\6\
---------------------------------------------------------------------------

    \5\ See Order.
    \6\ See Revocation and accompanying IDM.
---------------------------------------------------------------------------

    On November 27, 2014, Beijing Dixon requsted that the Department 
conduct a CCR pursuant to section 751(b)(1) of the Tariff Act of 1930, 
as amended (the Act), 19 CFR 351.216(b), and 19 CFR 351.221, to 
determine whether it is the successor-in-interest to Beijing Dixon for 
purposes of the Order.\7\ On February 26, 2015, the Department 
concurrently initiated and published the Preliminary Results of the CCR 
of the antidumping duty Order on pencils exported by Beijing Dixon.\8\ 
We invited comments from interested parties, but no party commented on 
the Preliminary Results or requested a hearing. This CCR is being 
conducted in accordance with section pursuant to section 751(b) of the 
Act, 19 CFR 351.216, and 19 CFR 351.221(c)(3).
---------------------------------------------------------------------------

    \7\ See letter from Beijing Dixon to the Department dated 
November 27, 2014, ``Request for Changed Circumstances Review 
pursuant to 19 CFR 351.216 on behalf of Dixon Ticonderoga Company.''
    \8\ See Prelilminary Results and Preliminary Decision 
Memorandum.
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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, see 
Preliminary Decision Memorandum at 4.
---------------------------------------------------------------------------

Final Results of Changed Circumstances Review

    Because no interested parties submitted comments on the 
Department's Preliminary Results, and because there is no other 
information or evidence on the record that calls into question the 
Preliminary Results, the Department adopts the reasoning and findings 
of fact outlined in the Prelilminary Results and Preliminary Decision 
Memorandum, and determines that Beijing Dixon is the successor-in-
interest to Beijing Dixon at the time of the Revocation.\10\
---------------------------------------------------------------------------

    \10\ See Preliminary Results, 80 FR at 10457.
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Application of the Revocation of the Order

    As explained in the Preliminary Resuts and the Preliminary Decision 
Memorandum, the Revocation of the antidumping duty Order with respect 
to Beijing Dixon, as that entity existed at the time of Revocation, 
continues to apply to Beijing Dixon as currenly structured.

Instructions to U.S. Customs and Border Protection

    As a result of this determination, the Department finds that 
entries of subject merchandise exported by Beijing Dixon as currently 
structured should receive the same antidumping duty treatment with 
respect to cased pencils as its predecessor-in-interest. Accordingly, 
the Department will continue to instruct U.S. Customs and Border 
Protection to liquidate entries for Beijing Dixon without regard to 
antidumping duties.

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 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(b)(1) and 777(i) of the Act 
and 19 CFR 351.216(e).

     Dated: April 3, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-08221 Filed 4-8-15; 8:45 am]
 BILLING CODE 3510-DS-P

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