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