Certain Cased Pencils From the People's Republic of China: Final Results of Expedited Sunset Review of the Antidumping Duty Order, 69513-69514 [2016-24248]

Download as PDF Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–570–827] Certain Cased Pencils From the People’s Republic of China: Final Results of Expedited Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) finds that revocation of the antidumping duty order (AD) order on certain cased pencils from the People’s Republic of China (PRC) would be likely to lead to continuation or recurrence of dumping at the level indicated in the ‘‘Final Results of Review’’ section of this notice. DATES: Effective October 6, 2016. FOR FURTHER INFORMATION CONTACT: Mary Kolberg, Office I, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1785. SUPPLEMENTARY INFORMATION: AGENCY: sradovich on DSK3GMQ082PROD with NOTICES Background On June 1, 2016, the Department initiated a sunset review of the AD Order 1 on certain cased pencils from the PRC pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 The Dixon Ticonderoga Company (Dixon), as well as the General Pencil Co., Inc., Musgrave Pencil Co., and RoseMoon, Inc., notified the Department of their intent to participate in the sunset review as domestic interested parties on June 7, 2016, and June 14, 2016, respectively, pursuant to 19 CFR 351.218(d)(1)(i).3 Each of these companies claimed interested party status under section 771(9)(C) of the Act, as domestic producers of the domestic like product. On July 1, 2016, the Department received a collective substantive 1 See Antidumping Duty Order: Certain Cased Pencils from the People’s Republic of China, 59 FR 66909 (December 28, 1994) (AD Order). 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 81 FR 34974 (June 1, 2016). 3 See letter from Dixon to the Department, re: ‘‘Five-Year Sunset Review of Certain Cased Pencils from the People’s Republic of China: Dixon Notice of Intent to Participate,’’ dated June 7, 2016; see also letter from General Pencil Co., Inc., Musgrave Pencil Co. and RoseMoon, Inc., to the Department, re: ‘‘§ 751(c) Five-Year Sunset Review of the Antidumping Duty Order Against Cased Pencils from the People’s Republic of China; Notice of Appearance and Intent to Participate,’’ dated June 14, 2016. VerDate Sep<11>2014 18:46 Oct 05, 2016 Jkt 241001 response from General Pencil Co., Inc., Musgrave Pencil Co., and RoseMoon, Inc., within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).4 The Department did not receive a substantive response from Dixon or any respondent interested party to the sunset proceeding. Because the Department received no response from the respondent interested parties, the Department conducted an expedited review of this AD Order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(l)(ii)(C)(2). Scope of the Order Imports covered by the order are shipments of certain cased pencils of any shape or dimension (except as described below) which are writing and/ or drawing instruments that feature cores of graphite or other materials, encased in wood and/or man-made materials, whether or not decorated and whether or not tipped (e.g., with erasers, etc.) in any fashion, and either sharpened or unsharpened. The pencils subject to the order are currently classifiable under subheading 9609.10.00 of the Harmonized Tariff Schedule of the United States (‘HTSUS’). Specifically excluded from the scope of the order are mechanical pencils, cosmetic pencils, pens, noncased crayons (wax), pastels, charcoals, chalks, and pencils produced under U.S. patent number 6,217,242, from paper infused with scents by the means covered in the above-referenced patent, thereby having odors distinct from those that may emanate from pencils lacking the scent infusion. Also excluded from the scope of the order are pencils with all of the following physical characteristics: (1) Length: 13.5 or more inches; (2) sheath diameter: not less than one-and-one quarter inches at any point (before sharpening); and (3) core length: Not more than 15 percent of the length of the pencil. In addition, pencils with all of the following physical characteristics are excluded from the scope of the order: Novelty jumbo pencils that are octagonal in shape, approximately ten inches long, one inch in diameter before sharpening, and three-and-one eighth inches circumference, composed of turned wood encasing one-and-one half inches of sharpened lead on one end and a rubber eraser on the other end. Although the HTSUS subheading is 4 See letter from General Pencil Co., Inc., Musgrave Pencil Co. and RoseMoon, Inc. to the Department, re: ‘‘§ 751(c) Five-Year Sunset Review of the Antidumping Duty Order Against Cased Pencils from the People’s Republic of China; Substantive Response of Domestic Interested Parties,’’ dated July 1, 2016. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 69513 provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Analysis of Comments Received All issues raised in this review are addressed in the Issues and Decision Memorandum, which is dated concurrently with this notice.5 The issues discussed in the Issues and Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the AD Order were revoked. Parties can find a complete discussion of all issues raised in this expedited sunset review and the corresponding recommendations in this public memorandum, which is on file electronically via the Enforcement and Compliance Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, room B8024 of the main Department of Commerce building. A list of topics discussed in the Issues and Decision Memorandum is included as an Appendix to this notice. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/ index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. Final Results of Review Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, we determine that revocation of the AD Order on certain cased pencils from the PRC would be likely to lead to continuation or recurrence of dumping at weighted-average percent margins up to 53.65 percent. Notification Regarding Administrative Protective Order This notice serves as the only 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. Timely notification of return/ destruction of APO materials or 5 See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited Five-Year Sunset Review of the Antidumping Duty Order on Certain Cased Pencils from the People’s Republic of China,’’ dated September 29, 2016. E:\FR\FM\06OCN1.SGM 06OCN1 69514 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Notices conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing these final results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 351.218. Dated: September 29, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. History of the Order III. Background IV. Scope of the Order V. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margins Likely To Prevail VI. Final Results of Review VII. Recommendation [FR Doc. 2016–24248 Filed 10–5–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Renewable Energy and Energy Efficiency Advisory Committee International Trade Administration, U.S. Department of Commerce. ACTION: Notice of an open meeting. AGENCY: The Renewable Energy and Energy Efficiency Advisory Committee (REEEAC) will hold a meeting on Thursday, December 1, 2016 at the U.S. Department of Commerce Herbert C. Hoover Building in Washington, DC. The meeting is open to the public with registration instructions provided below. SUMMARY: December 1, 2016, from approximately 8:30 a.m. to 5:00 p.m. Eastern Standard Time (EST). Members of the public wishing to participate must register in advance with Victoria Gunderson at the contact information below by 5:00 p.m. EST on Friday, November 24, 2016, in order to preregister, including any requests to make comments during the meeting or for accommodations or auxiliary aids. FOR ALL FURTHER INFORMATION, PLEASE CONTACT: Victoria Gunderson, Designated Federal Officer, Office of Energy and Environmental Industries (OEEI), International Trade Administration, U.S. Department of sradovich on DSK3GMQ082PROD with NOTICES DATES: VerDate Sep<11>2014 18:46 Oct 05, 2016 Jkt 241001 Commerce at (202) 482–7890; email: Victoria.Gunderson@trade.gov. SUPPLEMENTARY INFORMATION: Background: The Secretary of Commerce established the REEEAC pursuant to discretionary authority and in accordance with the Federal Advisory Committee Act, as amended (5 U.S.C. App.), on July 14, 2010. The REEEAC was re-chartered on June 18, 2012, June 12, 2014, and June 9, 2016. The REEEAC provides the Secretary of Commerce with consensus advice from the private sector on the development and administration of programs and policies to enhance the export competitiveness of the U.S. renewable energy and energy efficiency industries. During the December 1st meeting of the REEEAC, committee members will hold the first meeting of its new charter term and discuss REEEAC operational structure, hear from Department of Commerce officials and interagency partners on major issues impacting the competitiveness of the U.S. renewable energy and energy efficiency industries, recommend the Sub-Committee structure, and select their recommendations for Committee Chair and Sub-Committee leadership. The meeting will be open to the public and will be accessible to people with disabilities. All guests are required to register in advance by the deadline identified under the DATES caption. Requests for auxiliary aids must be submitted by the registration deadline. Last minute requests will be accepted, but may be impossible to fill. A limited amount of time before the close of the meeting will be available for pertinent oral comments from members of the public attending the meeting. To accommodate as many speakers as possible, the time for public comments will be limited to two to five minutes per person (depending on number of public participants). Individuals wishing to reserve speaking time during the meeting must contact Ms. Gunderson and submit a brief statement of the general nature of the comments, as well as the name and address of the proposed participant by 5:00 p.m. EST on Monday, November 21, 2016. If the number of registrants requesting to make statements is greater than can be reasonably accommodated during the meeting, the International Trade Administration may conduct a lottery to determine the speakers. Speakers are requested to submit a copy of their oral comments by email to Ms. Gunderson for distribution to the participants in advance of the meeting. Any member of the public may submit pertinent written comments PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 concerning the REEEAC’s affairs at any time before or after the meeting. Comments may be submitted to the Renewable Energy and Energy Efficiency Advisory Committee, c/o: Victoria Gunderson, Designated Federal Officer, Office of Energy and Environmental Industries, U.S. Department of Commerce; 1401 Constitution Avenue NW.; Mail Stop: 4053; Washington, DC 20230. To be considered during the meeting, written comments must be received no later than 5:00 p.m. EST on Monday, November 21, 2016, to ensure transmission to the Committee prior to the meeting. Comments received after that date will be distributed to the members but may not be considered at the meeting. Copies of RE&EEAC meeting minutes will be available within 30 days following the meeting. Dated: October 3, 2016. Edward A. O’Malley, Director, Office of Energy and Environmental Industries. [FR Doc. 2016–24252 Filed 10–5–16; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Agency: National Oceanic and Atmospheric Administration (NOAA). Title: Electronic Monitoring Systems for Atlantic Highly Migratory Species (HMS) Fisheries. OMB Control Number: 0648–0372. Form Number(s): None. Type of Request: Regular (revision and extension of a currently approved information collection). Number of Respondents: 194. Average Hours per Response: Four hours for initial VMS installation; 5 minutes per VMS initial activation checklist; 2 minutes per VMS hail-out/ hail-in declaration; 6 hours for electronic monitoring installation; 5 minutes for VMS pelagic longline bluefin tuna catch reporting; 15 minutes for VMS purse seine bluefin tuna catch records; 1 minute for dockside review of bluefin tuna catch records previously E:\FR\FM\06OCN1.SGM 06OCN1

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[Federal Register Volume 81, Number 194 (Thursday, October 6, 2016)]
[Notices]
[Pages 69513-69514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24248]



[[Page 69513]]

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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 Expedited Sunset Review of the Antidumping Duty Order

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

SUMMARY: The Department of Commerce (the Department) finds that 
revocation of the antidumping duty order (AD) order on certain cased 
pencils from the People's Republic of China (PRC) would be likely to 
lead to continuation or recurrence of dumping at the level indicated in 
the ``Final Results of Review'' section of this notice.

DATES: Effective October 6, 2016.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg, Office I, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-1785.

SUPPLEMENTARY INFORMATION:

Background

    On June 1, 2016, the Department initiated a sunset review of the AD 
Order \1\ on certain cased pencils from the PRC pursuant to section 
751(c) of the Tariff Act of 1930, as amended (the Act).\2\ The Dixon 
Ticonderoga Company (Dixon), as well as the General Pencil Co., Inc., 
Musgrave Pencil Co., and RoseMoon, Inc., notified the Department of 
their intent to participate in the sunset review as domestic interested 
parties on June 7, 2016, and June 14, 2016, respectively, pursuant to 
19 CFR 351.218(d)(1)(i).\3\ Each of these companies claimed interested 
party status under section 771(9)(C) of the Act, as domestic producers 
of the domestic like product.
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order: Certain Cased Pencils from the 
People's Republic of China, 59 FR 66909 (December 28, 1994) (AD 
Order).
    \2\ See Initiation of Five-Year (``Sunset'') Review, 81 FR 34974 
(June 1, 2016).
    \3\ See letter from Dixon to the Department, re: ``Five-Year 
Sunset Review of Certain Cased Pencils from the People's Republic of 
China: Dixon Notice of Intent to Participate,'' dated June 7, 2016; 
see also letter from General Pencil Co., Inc., Musgrave Pencil Co. 
and RoseMoon, Inc., to the Department, re: ``Sec.  751(c) Five-Year 
Sunset Review of the Antidumping Duty Order Against Cased Pencils 
from the People's Republic of China; Notice of Appearance and Intent 
to Participate,'' dated June 14, 2016.
---------------------------------------------------------------------------

    On July 1, 2016, the Department received a collective substantive 
response from General Pencil Co., Inc., Musgrave Pencil Co., and 
RoseMoon, Inc., within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i).\4\ The Department did not receive a substantive 
response from Dixon or any respondent interested party to the sunset 
proceeding. Because the Department received no response from the 
respondent interested parties, the Department conducted an expedited 
review of this AD Order, pursuant to section 751(c)(3)(B) of the Act 
and 19 CFR 351.218(e)(l)(ii)(C)(2).
---------------------------------------------------------------------------

    \4\ See letter from General Pencil Co., Inc., Musgrave Pencil 
Co. and RoseMoon, Inc. to the Department, re: ``Sec.  751(c) Five-
Year Sunset Review of the Antidumping Duty Order Against Cased 
Pencils from the People's Republic of China; Substantive Response of 
Domestic Interested Parties,'' dated July 1, 2016.
---------------------------------------------------------------------------

Scope of the Order

    Imports covered by the order are shipments of certain cased pencils 
of any shape or dimension (except as described below) which are writing 
and/or drawing instruments that feature cores of graphite or other 
materials, encased in wood and/or man-made materials, whether or not 
decorated and whether or not tipped (e.g., with erasers, etc.) in any 
fashion, and either sharpened or unsharpened. The pencils subject to 
the order are currently classifiable under subheading 9609.10.00 of the 
Harmonized Tariff Schedule of the United States (`HTSUS'). Specifically 
excluded from the scope of the order are mechanical pencils, cosmetic 
pencils, pens, noncased crayons (wax), pastels, charcoals, chalks, and 
pencils produced under U.S. patent number 6,217,242, from paper infused 
with scents by the means covered in the above-referenced patent, 
thereby having odors distinct from those that may emanate from pencils 
lacking the scent infusion. Also excluded from the scope of the order 
are pencils with all of the following physical characteristics: (1) 
Length: 13.5 or more inches; (2) sheath diameter: not less than one-
and-one quarter inches at any point (before sharpening); and (3) core 
length: Not more than 15 percent of the length of the pencil. In 
addition, pencils with all of the following physical characteristics 
are excluded from the scope of the order: Novelty jumbo pencils that 
are octagonal in shape, approximately ten inches long, one inch in 
diameter before sharpening, and three-and-one eighth inches 
circumference, composed of turned wood encasing one-and-one half inches 
of sharpened lead on one end and a rubber eraser on the other end. 
Although the HTSUS subheading is provided for convenience and customs 
purposes, the written description of the scope of the order is 
dispositive.

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum, which is dated concurrently with this notice.\5\ 
The issues discussed in the Issues and Decision Memorandum include the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the margins likely to prevail if the AD Order were revoked. Parties 
can find a complete discussion of all issues raised in this expedited 
sunset review and the corresponding recommendations in this public 
memorandum, which is on file electronically via the Enforcement and 
Compliance Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
http://access.trade.gov and in the Central Records Unit, room B8024 of 
the main Department of Commerce building. A list of topics discussed in 
the Issues and Decision Memorandum is included as an Appendix to this 
notice. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic versions of the Issues and Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \5\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Issues and Decision Memorandum for the Final Results of the 
Expedited Five-Year Sunset Review of the Antidumping Duty Order on 
Certain Cased Pencils from the People's Republic of China,'' dated 
September 29, 2016.
---------------------------------------------------------------------------

Final Results of Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, we 
determine that revocation of the AD Order on certain cased pencils from 
the PRC would be likely to lead to continuation or recurrence of 
dumping at weighted-average percent margins up to 53.65 percent.

Notification Regarding Administrative Protective Order

    This notice serves as the only 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. Timely 
notification of return/destruction of APO materials or

[[Page 69514]]

conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.
    We are issuing and publishing these final results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 
19 CFR 351.218.

    Dated: September 29, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. History of the Order
III. Background
IV. Scope of the Order
V. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margins Likely To Prevail
VI. Final Results of Review
VII. Recommendation

[FR Doc. 2016-24248 Filed 10-5-16; 8:45 am]
 BILLING CODE 3510-DS-P