Certain Cased Pencils From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2012-2013, 26897-26898 [2015-10622]

Download as PDF Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Notices 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; 2012–2013 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On December 31, 2014, the Department of Commerce (the Department) published the preliminary results and partial rescission of the administrative review of the antidumping duty order on certain cased pencils (pencils) from the People’s Republic of China (PRC). We gave interested parties an opportunity to comment on the preliminary results in a notice. The period of review (POR) is December 1, 2012, through November 30, 2013. This review covers one exporter of subject merchandise, Shandong Rongxin Import & Export Co., Ltd. (Rongxin). For the final results, we continue to find that Rongxin is not eligible for a separate rate, and, thus, remains part of the PRC-wide entity. DATES: Effective: May 11, 2015. FOR FURTHER INFORMATION CONTACT: Mary Kolberg or 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) 482–1785, (202) 482–6478, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background tkelley on DSK3SPTVN1PROD with NOTICES On December 31, 2014, the Department published the preliminary results and partial rescission of the administrative review of the antidumping duty order on pencils from the PRC.1 Between February 2, 2015, and February 4, 2015, we received a case brief and a rebuttal brief with respect to the Preliminary Results. We 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 Partial Rescission; 2012–2013, 79 FR 78795 (December 31, 2014) (Preliminary Results). Based on the timely withdrawal of the request for review of Orient International Holding Shanghai Foreign Trade Co., Ltd. (SFTC), we rescinded the review of SFTC. In the Preliminary Results, the Department inadvertently omitted ‘‘Orient International Holding’’ in referencing SFTC’s full company name. VerDate Sep<11>2014 17:00 May 08, 2015 Jkt 235001 Scope of the Order The merchandise subject to the order includes pencils from the PRC. The subject merchandise is 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. A full description of the scope of the order is contained in the Issues and Decision Memorandum, dated concurrently with and hereby adopted by this notice.2 Analysis of Comments Received All issues raised in the case and rebuttal briefs filed by parties to this administrative review are addressed in the Issues and Decision Memorandum. A list of the issues raised is attached to this notice as an appendix. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. The Issues and Decision Memorandum is also 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 Enforcement and Compliance Web site at https:// enforcement.trade.gov/frn. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results The Department conducted this review in accordance with section 751(a)(1)(B) of the Act. Based on our analysis of the comments received, we did not make any revisions to the Preliminary Results. For a full description of the analysis underlying our conclusions, see the Issues and Decision Memorandum. PRC-Wide Rate and PRC-Wide Entity For the Preliminary Results, the Department assigned to the PRC-wide entity the rate of 114.90 percent.3 2 See Memorandum ‘‘Issues and Decision Memorandum for the Final Results of Antidumping Duty Administrative Review: Certain Cased Pencils from the People’s Republic of China; 2012–2013’’ dated concurrently with and hereby adopted by this notice (Issues and Decision Memorandum). 3 See Notice of Amended Final Results and Partial Rescission of Antidumping Duty Administrative Review: Certain Cased Pencils from the People’s Republic of China, 67 FR 59049 (September 19, 2002). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 26897 Because this rate is the same as the PRCwide rate from previous segments of this proceeding and nothing on the record of this review calls into question the reliability of the PRC-wide rate, we find it appropriate to continue to apply the rate of 114.90 percent to the PRC-wide entity. In the Preliminary Results, the Department determined that Rongxin was not eligible for a separate rate and, therefore, Rongxin is part of the PRCwide entity. After reviewing the issues raised in the case and rebuttal briefs from interested parties, the Department continues to find Rongxin ineligible for a separate rate. Thus, we continue to treat Rongxin as part of the PRC-wide entity.4 Final Results of the Review As a result of this administrative review, we determine that the following weighted-average dumping margins exist: 5 Exporter Weightedaverage dumping margin (percent) PRC-Wide Entity * ................. 114.90 * Includes Shandong Rongxin Import & Export Co., Ltd. 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 covered by this review in accordance with the final results of this review. The Department announced a refinement to its assessment practice in non-market economy country antidumping proceedings.6 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 PRC-wide rate. In addition, for 4 The Department’s change in policy regarding conditional review of the PRC-wide entity is not applicable to this administrative review. See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 2013). 5 As noted, Rongxin is not eligible for a separate rate. 6 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment Practice Refinement). E:\FR\FM\11MYN1.SGM 11MYN1 26898 Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Notices companies where the Department determined that the exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s rate) will be liquidated at the PRC-wide rate.7 We intend to issue assessment instructions to CBP 15 days after the date of publication of the final results of review. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of these final results of review for all 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 previously investigated or reviewed PRC and nonPRC 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; (2) 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 of 114.90 percent; (3) 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 nonPRC exporter. These deposit requirements shall remain in effect until further notice. tkelley on DSK3SPTVN1PROD with NOTICES 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. Notification Regarding Administrative Protective Order This notice also serves as the only 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. Timely written notification of the return 7 For a full discussion of this practice, see Assessment Practice Refinement. VerDate Sep<11>2014 17:00 May 08, 2015 Jkt 235001 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 final results of review are issued and published in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213. Dated: April 30, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Issues and Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Separate Rate/PRC-Wide Entity 5. Discussion of the Issues Comment 1: Whether Rongxin is Entitled to a Separate Rate Comment 2: Whether Dixon is a U.S. Manufacturer of Subject Merchandise, and, therefore, Entitled to Request an Administrative Review of Rongxin 6. Recommendation [FR Doc. 2015–10622 Filed 5–8–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology [Docket Number: 150501413–5413–01] Manufacturing Extension Partnership State Competitions and Regional Forums National Institute of Standards and Technology, Commerce. ACTION: Notice. AGENCY: The National Institute of Standards and Technology (NIST) announces that the Hollings Manufacturing Extension Partnership Program (MEP) intends to publish and post two (2) separate announcements of funding availability for MEP Centers in calendar year 2016. The list of specific states that will be involved in the competitions will be posted on the NIST MEP Web site at: https://www.nist.gov/ mep/. The funding announcements will be provided both in the Federal Register and on Grants.gov. Prior to or in conjunction with each publication, MEP will conduct approximately two to three Regional Forums. DATES: The two separate announcements of funding availability are expected to be published and posted in January 2016 and July 2016, respectively. The Regional Forums will SUMMARY: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 take place prior to or in conjunction with each publication, with notification to the public posted at: www.nist.gov/ mep/. ADDRESS: The FRNs will be published in the Federal Register at https:// www.federalregister.gov/, and the FFOs will be posted on https://www.grants.gov. More information about MEP and past funding opportunities may be obtained from the MEP Web site: www.nist.gov/ mep/. FOR FURTHER INFORMATION CONTACT: Diane Henderson, Manufacturing Extension Partnership, National Institute of Standards and Technology, 100 Bureau Drive, Mail Stop 4800, Gaithersburg, Maryland 20899–4800, telephone number (301) 975–5105, email: mepffo@nist.gov. SUPPLEMENTARY INFORMATION: NIST MEP, through a state-federal network of 60 centers and 1,200 manufacturing experts, helps small and medium-sized manufacturers across the country to improve their production processes, upgrade their technological capabilities, and bring new products to market. MEP helps small and medium-sized manufacturers compete, thereby increasing employment and investment across the country and generating a high return on public investment. Every dollar of federal investment in the MEP translates into $19 of new sales for small and medium-sized manufacturers, or almost $2.5 billion annually across the 30,000 small and medium-sized manufacturers that MEP serves. See https://www.nist.gov/mep/ about/index.cfm and https:// www.nist.gov/mep/about-impact.cfm. Since it was founded in 1988, MEP has worked with nearly 80,000 manufacturers, leading to $88 billion in sales and $14 billion in cost savings, and helping small manufacturers create more than 729,000 new jobs. See https://www.nist.gov/mep/about/ index.cfm. The MEP program is in the process of a multi-year effort to conduct full and open competitions to select operators for MEP centers. On August 1, 2014, NIST launched the first round of competitions for MEP centers in 10 states, focusing on states where the MEP investment in terms of dollars per manufacturing establishment was below its national average, making them the most underfunded of MEP’s 60 centers. See 79 FR 44746 (Aug. 1, 2014). In February 2015, NIST MEP awarded cooperative agreements with start dates of July 1, 2015, to winning applicants in each of the 10 states. On March 9, 2015, NIST announced funding opportunities in 12 states, with E:\FR\FM\11MYN1.SGM 11MYN1

Agencies

[Federal Register Volume 80, Number 90 (Monday, May 11, 2015)]
[Notices]
[Pages 26897-26898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10622]



[[Page 26897]]

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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 Administrative Review; 2012-2013

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

SUMMARY: On December 31, 2014, the Department of Commerce (the 
Department) published the preliminary results and partial rescission of 
the administrative review of the antidumping duty order on certain 
cased pencils (pencils) from the People's Republic of China (PRC). We 
gave interested parties an opportunity to comment on the preliminary 
results in a notice. The period of review (POR) is December 1, 2012, 
through November 30, 2013. This review covers one exporter of subject 
merchandise, Shandong Rongxin Import & Export Co., Ltd. (Rongxin). For 
the final results, we continue to find that Rongxin is not eligible for 
a separate rate, and, thus, remains part of the PRC-wide entity.

DATES: Effective: May 11, 2015.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg or 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-
1785, (202) 482-6478, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 31, 2014, the Department published the preliminary 
results and partial rescission of the administrative review of the 
antidumping duty order on pencils from the PRC.\1\ Between February 2, 
2015, and February 4, 2015, we received a case brief and a rebuttal 
brief with respect to the Preliminary Results. We 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 Partial Rescission; 2012-2013, 79 FR 78795 (December 31, 2014) 
(Preliminary Results). Based on the timely withdrawal of the request 
for review of Orient International Holding Shanghai Foreign Trade 
Co., Ltd. (SFTC), we rescinded the review of SFTC. In the 
Preliminary Results, the Department inadvertently omitted ``Orient 
International Holding'' in referencing SFTC's full company name.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the order includes pencils from the PRC. 
The subject merchandise is 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. A full 
description of the scope of the order is contained in the Issues and 
Decision Memorandum, dated concurrently with and hereby adopted by this 
notice.\2\
---------------------------------------------------------------------------

    \2\ See Memorandum ``Issues and Decision Memorandum for the 
Final Results of Antidumping Duty Administrative Review: Certain 
Cased Pencils from the People's Republic of China; 2012-2013'' dated 
concurrently with and hereby adopted by this notice (Issues and 
Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
to this administrative review are addressed in the Issues and Decision 
Memorandum. A list of the issues raised is attached to this notice as 
an appendix. The Issues and Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. The Issues and Decision Memorandum is also 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 
Enforcement and Compliance Web site at https://enforcement.trade.gov/frn. The signed and electronic versions of the Issues and Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    The Department conducted this review in accordance with section 
751(a)(1)(B) of the Act. Based on our analysis of the comments 
received, we did not make any revisions to the Preliminary Results. For 
a full description of the analysis underlying our conclusions, see the 
Issues and Decision Memorandum.

PRC-Wide Rate and PRC-Wide Entity

    For the Preliminary Results, the Department assigned to the PRC-
wide entity the rate of 114.90 percent.\3\ Because this rate is the 
same as the PRC-wide rate from previous segments of this proceeding and 
nothing on the record of this review calls into question the 
reliability of the PRC-wide rate, we find it appropriate to continue to 
apply the rate of 114.90 percent to the PRC-wide entity.
---------------------------------------------------------------------------

    \3\ See Notice of Amended Final Results and Partial Rescission 
of Antidumping Duty Administrative Review: Certain Cased Pencils 
from the People's Republic of China, 67 FR 59049 (September 19, 
2002).
---------------------------------------------------------------------------

    In the Preliminary Results, the Department determined that Rongxin 
was not eligible for a separate rate and, therefore, Rongxin is part of 
the PRC-wide entity. After reviewing the issues raised in the case and 
rebuttal briefs from interested parties, the Department continues to 
find Rongxin ineligible for a separate rate. Thus, we continue to treat 
Rongxin as part of the PRC-wide entity.\4\
---------------------------------------------------------------------------

    \4\ The Department's change in policy regarding conditional 
review of the PRC-wide entity is not applicable to this 
administrative review. See Antidumping Proceedings: Announcement of 
Change in Department Practice for Respondent Selection in 
Antidumping Duty Proceedings and Conditional Review of the Nonmarket 
Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963, 
65970 (November 4, 2013).
---------------------------------------------------------------------------

Final Results of the Review

    As a result of this administrative review, we determine that the 
following weighted-average dumping margins exist: \5\
---------------------------------------------------------------------------

    \5\ As noted, Rongxin is not eligible for a separate rate.

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                        Exporter                              margin
                                                            (percent)
------------------------------------------------------------------------
PRC-Wide Entity *......................................          114.90
------------------------------------------------------------------------
* Includes Shandong Rongxin Import & Export Co., Ltd.

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 
covered by this review in accordance with the final results of this 
review.
    The Department announced a refinement to its assessment practice in 
non-market economy country antidumping proceedings.\6\ 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 PRC-wide rate. In addition, for

[[Page 26898]]

companies where the Department determined that the exporter under 
review had no shipments of the subject merchandise, any suspended 
entries that entered under that exporter's case number (i.e., at that 
exporter's rate) will be liquidated at the PRC-wide rate.\7\
---------------------------------------------------------------------------

    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment 
Practice Refinement).
    \7\ For a full discussion of this practice, see Assessment 
Practice Refinement.
---------------------------------------------------------------------------

    We intend to issue assessment instructions to CBP 15 days after the 
date of publication of the final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of review for all 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 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; (2) 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 of 114.90 percent; (3) 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.

Notification Regarding Administrative Protective Order

    This notice also serves as the only 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. 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 final results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 
351.213.

    Dated: April 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Separate Rate/PRC-Wide Entity
5. Discussion of the Issues
    Comment 1: Whether Rongxin is Entitled to a Separate Rate
    Comment 2: Whether Dixon is a U.S. Manufacturer of Subject 
Merchandise, and, therefore, Entitled to Request an Administrative 
Review of Rongxin
6. Recommendation

[FR Doc. 2015-10622 Filed 5-8-15; 8:45 am]
 BILLING CODE 3510-DS-P
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