Certain Cased Pencils From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission; 2014-2015, 83201-83202 [2016-27960]
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Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Notices
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[FR Doc. 2016–27977 Filed 11–18–16; 8:45 am]
BILLING CODE 3410–XY–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–827]
Certain Cased Pencils From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review and Partial
Rescission; 2014—2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
interested parties, the Department of
Commerce (the Department) is
conducting an administrative review of
the antidumping duty order on certain
cased pencils (pencils) from the
People’s Republic of China (PRC). The
period of review (POR) is December 1,
2014, through November 30, 2015. The
Department preliminarily finds that
Shandong Rongxin Import & Export Co.,
Ltd. (Rongxin) is not eligible for a
separate rate, and, thus, remains part of
the PRC-wide entity. In addition, we are
rescinding the administrative review
with respect to Orient International
Holding Shanghai Foreign Trade Co.,
Ltd. (SFTC), and Wah Yuen Stationery
Co. Ltd. and its affiliate, Shandong Wah
Yuen Stationery Co. Ltd., and its
claimed affiliate, Tianjin Tonghe
Stationery Co. Ltd. (collectively, Wah
asabaliauskas on DSK3SPTVN1PROD with NOTICES
AGENCY:
VerDate Sep<11>2014
18:09 Nov 18, 2016
Jkt 241001
Yuen), because the requests for
administrative review of these
companies were timely withdrawn.
Interested parties are invited to
comment on these preliminary results.
DATES: Effective November 21, 2016.
FOR FURTHER INFORMATION CONTACT:
Mary Kolberg, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–1785.
SUPPLEMENTARY INFORMATION:
Background
On December 1, 2015, the Department
published a notice of an opportunity to
request an administrative review of the
antidumping duty order on cased
pencils from the PRC.1 On December 30,
2015, Dixon Ticonderoga Company
(Dixon) requested an administrative
review of Rongxin, and Wah Yuen.2 On
December 31, 2015, SFTC requested an
administrative review of its own exports
during the POR.3 On February 9, 2016,
the Department initiated a review of
Rongxin, SFTC, and Wah Yuen.4 On
March 30, 2016, SFTC timely withdrew
its request for administrative review.5
Finally, on May 5, 2016, Dixon timely
withdrew its request for an
administrative review of Wah Yuen.6
Scope of the Order
The merchandise subject to the order
includes certain cased pencils from the
PRC. The subject merchandise is
currently classifiable under Harmonized
Tariff Schedule of the United States
(HTSUS) subheading 9609.1010. A full
description of the scope of the order is
contained in the Preliminary Decision
Memorandum.7 Although the HTSUS
1 See Antidumping and Countervailing Duty
Order, Finding, Or Suspended Investigation;
Opportunity To Request Administrative Review, 80
FR 75078 (December 1, 2015).
2 See letter from Dixon, re: ‘‘Certain Cased Pencils
from the People’s Republic of China: Request for
Administrative Review,’’ dated December 30, 2015.
3 See letter from SFTC, re: ‘‘Request for
Administrative Review of the Antidumping Duty
Order on Certain Cased Pencils from the People’s
Republic of China,’’ dated December 31, 2015.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
6832 (February 9, 2016) (Initiation Notice).
5 See letter from SFTC, re: ‘‘Withdrawal of
Request for Review: Administrative Review of the
Antidumping Order on Cased Pencils from the
People’s Republic of China,’’ dated March 30, 2016.
6 See letter from Dixon, re: ‘‘Certain Cased Pencils
from the People’s Republic of China: Partial
Withdrawal of Request for Administrative Review,’’
dated May 5, 2016.
7 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado
Assistant Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum for
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
83201
subheadings are provided for
convenience and customs purposes, the
written product description is
dispositive.
Partial Rescission of the Administrative
Review
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if a party
that requested the review withdraws the
request within 90 days of the date of
publication of the Initiation Notice. On
March 30, 2016, SFTC timely withdrew
its request for a review of its own
exports and, on May 5, 2016, Dixon
timely withdrew its request for a review
of Wah Yuen. Accordingly, the
Department is rescinding this
administrative review with respect to
SFTC and Wah Yuen.
Methodology
The Department is conducting this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act). We have
preliminary determined that Rongxin is
not eligible for a separate rate; as such,
the Department has not calculated a
margin for these preliminary results. For
a full description of the methodology
and analysis underlying our
determination, see the Preliminary
Decision Memorandum.8 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
I to this notice. The Preliminary
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, and it is available to
all parties in the Department’s Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the internet at
https://enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily
determines that, for the period
Preliminary Results of Antidumping Duty
Administrative Review and Partial Rescission:
Certain Cased Pencils from the People’s Republic of
China; 2014—2015,’’ dated concurrently with and
hereby adopted by this notice (Preliminary Decision
Memorandum).
8 A list of topics discussed in the Preliminary
Decision Memorandum is provided at Appendix I
to this notice.
E:\FR\FM\21NON1.SGM
21NON1
83202
Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Notices
December 1, 2014, through November
30, 2015, Shandong Rongxin Import &
Export Co., Ltd. is part of the PRC-wide
entity. The rate applicable to the PRCwide entity is 114.90 percent.9
Disclosure and Public Comment
The Department will disclose the
analysis performed for these
preliminary results within five days of
the date of publication of this notice.10
Interested parties may submit case briefs
no later than 30 days after the date of
publication of the preliminary results.11
Rebuttals, limited to issues raised in the
case briefs, may be filed no later than
five days after the deadline for filing
case briefs.12 Parties submitting briefs
should do so pursuant to the
Department’s electronic filing system
ACCESS.
Any interested party may request a
hearing within 30 days of publication of
this notice.13 Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations will
be limited to issues raised in the briefs.
If a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230.14
The Department intends to issue the
final results of this administrative
review, including the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results, pursuant to section
751(a)(3)(A) of the Act, unless extended.
Assessment Rates
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Upon issuing the final results of
review, the Department will determine,
and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries covered by
this review.15 The Department intends
to issue appropriate assessment
instructions to CBP 15 days after
publication of the final results of
review. We intend to instruct CBP to
liquidate entries containing subject
merchandise exported by the PRC-wide
9 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).
10 See 19 CFR 351.224(b).
11 See 19 CFR 351.309(c)(ii).
12 See 19 CFR 351.309(d).
13 See 19 CFR 351.310(c).
14 See 19 CFR 351.310(d).
15 See 19 CFR 351.212(b)(1).
VerDate Sep<11>2014
18:09 Nov 18, 2016
Jkt 241001
entity at the current rate for the PRCwide entity (i.e., 114.90 percent).
If, in the course of this review, we
reverse our preliminary determination
and find that Rongxin is eligible for a
separate rate, and Rongxin’s weightedaverage dumping margin is above de
minimis (i.e., 0.50 percent) in the final
results of this review, we will calculate
importer-specific ad valorem rates on
the basis of 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 zero
or de minimis, the Department will
instruct CBP to liquidate appropriate
entries without regard to antidumping
duties.16 For entries that were not
reported in the U.S. sales data submitted
by Rongxin, the Department will
instruct CBP to liquidate such entries at
the rate for the PRC-wide entity.
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future cash
deposits of estimated antidumping
duties, where applicable.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative 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
sections 751(a)(2)(C) of the Act: (1) If we
reverse our decision that Rongxin is
entitled to a separate rate, then the cash
deposit rate will be the rate established
in the final results of this review
(except, if the rate is zero or de minimis,
then zero cash deposit will be required);
(2) 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 existing exporterspecific rate; (3) 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 (i.e.,114.90 percent);
and (4) 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 cash deposit
requirements, when imposed, shall
remain in effect until further notice.
16 See
PO 00000
19 CFR 351.106(c)(2).
Frm 00007
Fmt 4703
Sfmt 4703
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(d)(4) and 351.221(b)(4).
Dated: November 15, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review
V. Discussion of the Methodology
a. Non-Market Economy Country
b. Separate Rate
VI. Preliminary Results of Review
VII. Recommendation
[FR Doc. 2016–27960 Filed 11–18–16; 8:45 am]
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National Marine Fisheries
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ACTION: Notice; receipt of application.
AGENCY:
Notice is hereby given that
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SUMMARY:
E:\FR\FM\21NON1.SGM
21NON1
Agencies
[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Notices]
[Pages 83201-83202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27960]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-827]
Certain Cased Pencils From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review and
Partial Rescission; 2014--2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from interested parties, the
Department of Commerce (the Department) is conducting an administrative
review of the antidumping duty order on certain cased pencils (pencils)
from the People's Republic of China (PRC). The period of review (POR)
is December 1, 2014, through November 30, 2015. The Department
preliminarily finds that Shandong Rongxin Import & Export Co., Ltd.
(Rongxin) is not eligible for a separate rate, and, thus, remains part
of the PRC-wide entity. In addition, we are rescinding the
administrative review with respect to Orient International Holding
Shanghai Foreign Trade Co., Ltd. (SFTC), and Wah Yuen Stationery Co.
Ltd. and its affiliate, Shandong Wah Yuen Stationery Co. Ltd., and its
claimed affiliate, Tianjin Tonghe Stationery Co. Ltd. (collectively,
Wah Yuen), because the requests for administrative review of these
companies were timely withdrawn. Interested parties are invited to
comment on these preliminary results.
DATES: Effective November 21, 2016.
FOR FURTHER INFORMATION CONTACT: Mary Kolberg, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-1785.
SUPPLEMENTARY INFORMATION:
Background
On December 1, 2015, the Department published a notice of an
opportunity to request an administrative review of the antidumping duty
order on cased pencils from the PRC.\1\ On December 30, 2015, Dixon
Ticonderoga Company (Dixon) requested an administrative review of
Rongxin, and Wah Yuen.\2\ On December 31, 2015, SFTC requested an
administrative review of its own exports during the POR.\3\ On February
9, 2016, the Department initiated a review of Rongxin, SFTC, and Wah
Yuen.\4\ On March 30, 2016, SFTC timely withdrew its request for
administrative review.\5\ Finally, on May 5, 2016, Dixon timely
withdrew its request for an administrative review of Wah Yuen.\6\
---------------------------------------------------------------------------
\1\ See Antidumping and Countervailing Duty Order, Finding, Or
Suspended Investigation; Opportunity To Request Administrative
Review, 80 FR 75078 (December 1, 2015).
\2\ See letter from Dixon, re: ``Certain Cased Pencils from the
People's Republic of China: Request for Administrative Review,''
dated December 30, 2015.
\3\ See letter from SFTC, re: ``Request for Administrative
Review of the Antidumping Duty Order on Certain Cased Pencils from
the People's Republic of China,'' dated December 31, 2015.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 6832 (February 9, 2016) (Initiation
Notice).
\5\ See letter from SFTC, re: ``Withdrawal of Request for
Review: Administrative Review of the Antidumping Order on Cased
Pencils from the People's Republic of China,'' dated March 30, 2016.
\6\ See letter from Dixon, re: ``Certain Cased Pencils from the
People's Republic of China: Partial Withdrawal of Request for
Administrative Review,'' dated May 5, 2016.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the order includes certain cased pencils
from the PRC. The subject merchandise is currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheading
9609.1010. A full description of the scope of the order is contained in
the Preliminary Decision Memorandum.\7\ Although the HTSUS subheadings
are provided for convenience and customs purposes, the written product
description is dispositive.
---------------------------------------------------------------------------
\7\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado Assistant Secretary for Enforcement and Compliance,
``Decision Memorandum for Preliminary Results of Antidumping Duty
Administrative Review and Partial Rescission: Certain Cased Pencils
from the People's Republic of China; 2014--2015,'' dated
concurrently with and hereby adopted by this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Partial Rescission of the Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if a party that requested
the review withdraws the request within 90 days of the date of
publication of the Initiation Notice. On March 30, 2016, SFTC timely
withdrew its request for a review of its own exports and, on May 5,
2016, Dixon timely withdrew its request for a review of Wah Yuen.
Accordingly, the Department is rescinding this administrative review
with respect to SFTC and Wah Yuen.
Methodology
The Department is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). We have
preliminary determined that Rongxin is not eligible for a separate
rate; as such, the Department has not calculated a margin for these
preliminary results. For a full description of the methodology and
analysis underlying our determination, see the Preliminary Decision
Memorandum.\8\ A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix I to this notice. The Preliminary
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, and it is available to all
parties in the Department's Central Records Unit, Room B8024 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memorandum can be accessed directly on the
internet at https://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\8\ A list of topics discussed in the Preliminary Decision
Memorandum is provided at Appendix I to this notice.
---------------------------------------------------------------------------
Preliminary Results of Review
The Department preliminarily determines that, for the period
[[Page 83202]]
December 1, 2014, through November 30, 2015, Shandong Rongxin Import &
Export Co., Ltd. is part of the PRC-wide entity. The rate applicable to
the PRC-wide entity is 114.90 percent.\9\
---------------------------------------------------------------------------
\9\ 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).
---------------------------------------------------------------------------
Disclosure and Public Comment
The Department will disclose the analysis performed for these
preliminary results within five days of the date of publication of this
notice.\10\ Interested parties may submit case briefs no later than 30
days after the date of publication of the preliminary results.\11\
Rebuttals, limited to issues raised in the case briefs, may be filed no
later than five days after the deadline for filing case briefs.\12\
Parties submitting briefs should do so pursuant to the Department's
electronic filing system ACCESS.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(c)(ii).
\12\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------
Any interested party may request a hearing within 30 days of
publication of this notice.\13\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.\14\
---------------------------------------------------------------------------
\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
The Department intends to issue the final results of this
administrative review, including the results of its analysis of issues
raised in any briefs, within 120 days of publication of these
preliminary results, pursuant to section 751(a)(3)(A) of the Act,
unless extended.
Assessment Rates
Upon issuing the final results of review, the Department will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\15\ The Department intends to issue appropriate assessment
instructions to CBP 15 days after publication of the final results of
review. We intend to instruct CBP to liquidate entries containing
subject merchandise exported by the PRC-wide entity at the current rate
for the PRC-wide entity (i.e., 114.90 percent).
---------------------------------------------------------------------------
\15\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
If, in the course of this review, we reverse our preliminary
determination and find that Rongxin is eligible for a separate rate,
and Rongxin's weighted-average dumping margin is above de minimis
(i.e., 0.50 percent) in the final results of this review, we will
calculate importer-specific ad valorem rates on the basis of 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 zero
or de minimis, the Department will instruct CBP to liquidate
appropriate entries without regard to antidumping duties.\16\ For
entries that were not reported in the U.S. sales data submitted by
Rongxin, the Department will instruct CBP to liquidate such entries at
the rate for the PRC-wide entity.
---------------------------------------------------------------------------
\16\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future cash deposits of
estimated antidumping duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative 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 sections 751(a)(2)(C) of the Act: (1) If we reverse our
decision that Rongxin is entitled to a separate rate, then the cash
deposit rate will be the rate established in the final results of this
review (except, if the rate is zero or de minimis, then zero cash
deposit will be required); (2) 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 existing exporter-specific rate; (3) 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 (i.e.,114.90 percent); and (4) 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 cash deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(d)(4)
and 351.221(b)(4).
Dated: November 15, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review
V. Discussion of the Methodology
a. Non-Market Economy Country
b. Separate Rate
VI. Preliminary Results of Review
VII. Recommendation
[FR Doc. 2016-27960 Filed 11-18-16; 8:45 am]
BILLING CODE 3510-DS-P