Certain Cased Pencils From the People's Republic of China: Final Results of Antidumping Duty New Shipper Review; 2014-2015, 74764-74765 [2016-26024]

Download as PDF 74764 Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Notices On April 5, 2016, the Department of Commerce (the Department) initiated an antidumping duty investigation of imports of phosphor copper from the Republic of Korea (Korea).1 The period of investigation is January 1, 2015, through December 31, 2015. On October 5, 2016, the Department published its affirmative Preliminary Determination in the LTFV investigation of phosphor copper from Korea.2 On October 12 and October 19, 2016, Bongsan Co., Ltd. (Bongsan), the sole mandatory respondent in this investigation, requested that the Department fully extend the deadline for the final determination and extend the application of the provisional measures from a four-month period to a period of not more than six months.3 sradovich on DSK3GMQ082PROD with NOTICES Postponement of Final Determination Section 735(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(b)(2)(ii) provide that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by the exporters or producers who account for a significant proportion of exports of the subject merchandise. Further, 19 CFR 351.210(e)(2) requires that such postponement requests by exporters be accompanied by a request for extension of provisional measures from a four-month period to a period of not more than six months, in accordance with section 733(d) of the Act. In accordance with section 735(a)(2)(B) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) our preliminary determination was affirmative; (2) the request was made by the exporter/producer who accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, we are postponing the final determination until no later than 135 days after the date of the publication of the Preliminary Determination and 1 See Phosphor Copper from the Republic of Korea: Initiation of Less-Than-Fair-Value Investigation, 81 FR 19552 (April 5, 2016). 2 See Phosphor Copper from the Republic of Korea: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Negative Preliminary Determination of Critical Circumstances, 81 FR 71049 (October 14, 2016) (Preliminary Determination). 3 See the letter from Bongsan titled, ‘‘Phosphor Copper from the Republic of Korea: Request for Extension of Final Determination Deadline,’’ dated October 12, 2016; see also letter from Bongsan tiled, ‘‘Phosphor Copper from the Republic of Korea: Amended Request for Extension of Final Determination Deadline,’’ dated October 19, 2016. VerDate Sep<11>2014 17:43 Oct 26, 2016 Jkt 241001 extending the provisional measures from a four-month period to a period of not more than six months. Accordingly, we will issue our final determination no later than February 27, 2017.4 This notice is issued and published pursuant to section 735(a)(2)(A) of the Act and 19 CFR 351.210(g). Dated: October 24, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–26027 Filed 10–26–16; 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 New Shipper Review; 2014–2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On June 10, 2016, the Department of Commerce (the Department) published the preliminary results of the new shipper review of the antidumping duty order on certain cased pencils from the People’s Republic of China. This review covers one company, Wah Yuen Stationery Co., Ltd. and its affiliated producer, Shandong Wah Yuen Stationery Co., Ltd. (collectively, Wah Yuen), for the period of review (POR) December 1, 2014, through May 31, 2015. We invited interested parties to comment on the Preliminary Results. Based upon our analysis of the comments received, we made changes to the margin calculations for the final results. As a result of these changes, we find that the exporter Wah Yuen made a sale of subject merchandise at below normal value during the POR. DATES: Effective October 27, 2016. FOR FURTHER INFORMATION CONTACT: Mary Kolberg, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1785. AGENCY: 4 Postponing the final determination to 135 days after the publication of the Preliminary Determination would place the deadline on Sunday, February 26, 2017. The Department’s practice dictates that where a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 SUPPLEMENTAL INFORMATION: Background The Department published its Preliminary Results in this new shipper review on June 10, 2016.1 Wah Yuen and the Dixon Ticonderoga Company, the petitioner, filed case briefs on August 12, 2016.2 We received a rebuttal brief from Wah Yuen on August 22, 2016.3 Scope of the Order Imports covered by this order are shipments of certain cased pencils of any shape or dimension which are writing and/or drawing instruments that feature cores of graphite or other materials, encased in wood and/or manmade 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). A full description of the scope of the order is contained in the Issues and Decision Memorandum.4 Although the HTSUS subheadings are provided for convenience and customs purposes, the written product description is dispositive. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this review are addressed in the Issues and Decision Memorandum. A list of the issues which parties raised is attached to this notice as an appendix. The Issues and Decision Memorandum is a public document and is on file in the Department’s Central Records Unit, B8024 of the main Department of Commerce building, as well as available electronically via 1 See Certain Cased Pencils From the People’s Republic of China: Preliminary Results of Antidumping Duty New Shipper Review; 2014– 2015, 81 FR 37573, June 10, 2016. 2 See letter from Dixon, re: ‘‘Certain Cased Pencils from the People’s Republic of China, New Shipper Review NSR 12/01/2014–05/31/2015: Case Brief of Dixon Ticonderoga Company,’’ dated August 12, 2016 (Dixon’s case brief); see also letter from Wah Yuen, re: ‘‘Certain Cased Pencils from the People’s Republic of China: Administrative Case Brief of Wah Yuen Stationery Co. Ltd.,’’ dated August 12, 2016 (Wah Yuen’s case brief). 3 See letter from Wah Yuen, re: ‘‘Certain Cased Pencils from the People’s Republic of China: Administrative Case Rebuttal Brief of Wah Yuen Stationery Co., Ltd,’’ dated August 22, 2016. 4 See Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, re: ‘‘Issues and Decision Memorandum for Final Results of Antidumping Duty New Shipper Review: Certain Cased Pencils from the People’s Republic of China,’’ dated October 20, 2016 (Issues and Decision Memorandum). E:\FR\FM\27OCN1.SGM 27OCN1 74765 Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Notices Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov, and it is available to all parties. 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 version of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on a review of the record and the comments received from interested parties regarding our Preliminary Results, and for the reasons explained in the Issues and Decision Memorandum, we revised the margin calculations for Wah Yuen.5 Final Results of New Shipper Review The dumping margin for the final results of the new shipper review for the period of review December 1, 2014, through May 31, 2015, is as follows: Weighted average dumping margin (percent) Exporter Producer Wah Yuen Stationery Co., Ltd ............................................... Shandong Wah Yuen Stationery Co., Ltd .............................. Disclosure The Department will disclose the analysis performed for these final results to the parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b) of the Department’s regulations. sradovich on DSK3GMQ082PROD with NOTICES Assessment Rates Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.212(b), the Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise, in accordance with the final results of this review. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of this new shipper review. For Wah Yuen, which has a dumping margin which is not zero or de minimis (i.e., less than 0.50 percent), we calculated importer- (or customer-) specific assessment rates based on the ratio of the total amount of dumping calculated for the importer’s examined sales to the total entered value of those sales, in accordance with 19 CFR 351.212(b)(1). Where an importerspecific ad valorem rate is not zero or de minimis, the Department will instruct CBP to collect the appropriate antidumping duties at the time of liquidation.6 Where an importer (or customer)-specific ad valorem rate is zero or de minimis, the Department will instruct CBP to liquidate appropriate entries without regard to antidumping duties.7 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this new shipper review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, 5 See Issues and Decision Memorandum. VerDate Sep<11>2014 17:43 Oct 26, 2016 Jkt 241001 for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For merchandise produced by Shandong Wah Yuen Stationery Co., Ltd. and exported by Wah Yuen Stationery Co., Ltd., the cash deposit rate will be the rate established in the final results of this review; (2) for subject merchandise exported by Wah Yuen Stationery Co., Ltd. but not produced by Shandong Wah Yuen Stationery Co., Ltd., the cash deposit rate will be that for the PRCwide entity (i.e., 114.90 percent); and (3) for subject merchandise produced by Shandong Wah Yuen Stationery Co., Ltd. but not exported by Wah Yuen Stationery Co., Ltd., the cash deposit rate will be that applicable to the exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a 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 the POR. 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. Notification Regarding Administrative Protective Order This notice serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, 6 See PO 00000 19 CFR 351.212(b)(1). Frm 00004 Fmt 4703 Sfmt 4703 33.86 is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation subject to sanction. We are issuing and publishing these results and this notice in accordance with sections 751(a)(2)(B) and 777(i) of the Act, and 19 CFR 351.214. Dated: October 20, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Issues Comment 1: Whether Wah Yuen Is Entitled to a New Shipper Review Comment 2: Whether the Surrogate Value for Brokerage and Handling Was Calculated Correctly Comment 3: Whether Wah Yuen Is Entitled to a By-Product Offset for Slat Scrap Comment 4: Whether the Values for Alkyd Resin and Acrylic Resin Were Calculated Correctly Comment 5: Whether the Packed Weight of One Gross of Pencils Should Be Adjusted by the Weight of the By-Product Scrap V. Recommendation [FR Doc. 2016–26024 Filed 10–26–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Subsidy Programs Provided by Countries Exporting Softwood Lumber and Softwood Lumber Products to the United States; Request for Comment Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) seeks public comment on any subsidies, including stumpage AGENCY: 7 See E:\FR\FM\27OCN1.SGM 19 CFR 351.106(c)(2). 27OCN1

Agencies

[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Notices]
[Pages 74764-74765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26024]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-827]


Certain Cased Pencils From the People's Republic of China: Final 
Results of Antidumping Duty New Shipper Review; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 10, 2016, the Department of Commerce (the Department) 
published the preliminary results of the new shipper review of the 
antidumping duty order on certain cased pencils from the People's 
Republic of China. This review covers one company, Wah Yuen Stationery 
Co., Ltd. and its affiliated producer, Shandong Wah Yuen Stationery 
Co., Ltd. (collectively, Wah Yuen), for the period of review (POR) 
December 1, 2014, through May 31, 2015. We invited interested parties 
to comment on the Preliminary Results. Based upon our analysis of the 
comments received, we made changes to the margin calculations for the 
final results. As a result of these changes, we find that the exporter 
Wah Yuen made a sale of subject merchandise at below normal value 
during the POR.

DATES: Effective October 27, 2016.

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

SUPPLEMENTAL INFORMATION: 

Background

    The Department published its Preliminary Results in this new 
shipper review on June 10, 2016.\1\ Wah Yuen and the Dixon Ticonderoga 
Company, the petitioner, filed case briefs on August 12, 2016.\2\ We 
received a rebuttal brief from Wah Yuen on August 22, 2016.\3\
---------------------------------------------------------------------------

    \1\ See Certain Cased Pencils From the People's Republic of 
China: Preliminary Results of Antidumping Duty New Shipper Review; 
2014-2015, 81 FR 37573, June 10, 2016.
    \2\ See letter from Dixon, re: ``Certain Cased Pencils from the 
People's Republic of China, New Shipper Review NSR 12/01/2014-05/31/
2015: Case Brief of Dixon Ticonderoga Company,'' dated August 12, 
2016 (Dixon's case brief); see also letter from Wah Yuen, re: 
``Certain Cased Pencils from the People's Republic of China: 
Administrative Case Brief of Wah Yuen Stationery Co. Ltd.,'' dated 
August 12, 2016 (Wah Yuen's case brief).
    \3\ See letter from Wah Yuen, re: ``Certain Cased Pencils from 
the People's Republic of China: Administrative Case Rebuttal Brief 
of Wah Yuen Stationery Co., Ltd,'' dated August 22, 2016.
---------------------------------------------------------------------------

Scope of the Order

    Imports covered by this order are shipments of certain cased 
pencils of any shape or dimension 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). A full description of the 
scope of the order is contained in the Issues and Decision 
Memorandum.\4\ Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written product description is 
dispositive.
---------------------------------------------------------------------------

    \4\ See Memorandum to Ronald K. Lorentzen, Acting Assistant 
Secretary for Enforcement and Compliance from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, re: ``Issues and Decision Memorandum for Final Results 
of Antidumping Duty New Shipper Review: Certain Cased Pencils from 
the People's Republic of China,'' dated October 20, 2016 (Issues and 
Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this review are addressed in the Issues and Decision Memorandum. A list 
of the issues which parties raised is attached to this notice as an 
appendix. The Issues and Decision Memorandum is a public document and 
is on file in the Department's Central Records Unit, B8024 of the main 
Department of Commerce building, as well as available electronically 
via

[[Page 74765]]

Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov, and it is available to all 
parties. 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 version of the Issues and Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on a review of the record and the comments received from 
interested parties regarding our Preliminary Results, and for the 
reasons explained in the Issues and Decision Memorandum, we revised the 
margin calculations for Wah Yuen.\5\
---------------------------------------------------------------------------

    \5\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------

Final Results of New Shipper Review

    The dumping margin for the final results of the new shipper review 
for the period of review December 1, 2014, through May 31, 2015, is as 
follows:

------------------------------------------------------------------------
                                                       Weighted average
            Exporter                   Producer         dumping margin
                                                           (percent)
------------------------------------------------------------------------
Wah Yuen Stationery Co., Ltd....  Shandong Wah Yuen                33.86
                                   Stationery Co.,
                                   Ltd.
------------------------------------------------------------------------

Disclosure

    The Department will disclose the analysis performed for these final 
results to the parties within five days of the date of publication of 
this notice in accordance with 19 CFR 351.224(b) of the Department's 
regulations.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (the Act) and 19 CFR 351.212(b), the Department will determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries of subject merchandise, in accordance 
with the final results of this review. The Department intends to issue 
assessment instructions to CBP 15 days after the date of publication of 
the final results of this new shipper review.
    For Wah Yuen, which has a dumping margin which is not zero or de 
minimis (i.e., less than 0.50 percent), we calculated importer- (or 
customer-) specific assessment rates based on the ratio of the total 
amount of dumping calculated for the importer's examined sales to the 
total entered value of those sales, in accordance with 19 CFR 
351.212(b)(1). Where an importer-specific ad valorem rate is not zero 
or de minimis, the Department will instruct CBP to collect the 
appropriate antidumping duties at the time of liquidation.\6\ Where an 
importer (or customer)-specific ad valorem rate is zero or de minimis, 
the Department will instruct CBP to liquidate appropriate entries 
without regard to antidumping duties.\7\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.212(b)(1).
    \7\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this new shipper review for 
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 merchandise 
produced by Shandong Wah Yuen Stationery Co., Ltd. and exported by Wah 
Yuen Stationery Co., Ltd., the cash deposit rate will be the rate 
established in the final results of this review; (2) for subject 
merchandise exported by Wah Yuen Stationery Co., Ltd. but not produced 
by Shandong Wah Yuen Stationery Co., Ltd., the cash deposit rate will 
be that for the PRC-wide entity (i.e., 114.90 percent); and (3) for 
subject merchandise produced by Shandong Wah Yuen Stationery Co., Ltd. 
but not exported by Wah Yuen Stationery Co., Ltd., the cash deposit 
rate will be that applicable to the exporter. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice also serves as a 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 the POR. 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.

Notification Regarding Administrative Protective Order

    This notice serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 the terms of an APO is a violation 
subject to sanction.
    We are issuing and publishing these results and this notice in 
accordance with sections 751(a)(2)(B) and 777(i) of the Act, and 19 CFR 
351.214.

    Dated: October 20, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

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

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Comment 1: Whether Wah Yuen Is Entitled to a New Shipper Review
    Comment 2: Whether the Surrogate Value for Brokerage and 
Handling Was Calculated Correctly
    Comment 3: Whether Wah Yuen Is Entitled to a By-Product Offset 
for Slat Scrap
    Comment 4: Whether the Values for Alkyd Resin and Acrylic Resin 
Were Calculated Correctly
    Comment 5: Whether the Packed Weight of One Gross of Pencils 
Should Be Adjusted by the Weight of the By-Product Scrap
V. Recommendation

[FR Doc. 2016-26024 Filed 10-26-16; 8:45 am]
 BILLING CODE 3510-DS-P