Certain Cased Pencils From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Rescission of Review, in Part; 2015-2016, 43329-43331 [2017-19049]
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Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices
period April 1, 2016, through March 31,
2017. Subsequent to the initiation of the
administrative review, the requesting
parties timely withdrew their review
requests for 19 of these companies, as
discussed below.
mstockstill on DSK30JT082PROD with NOTICES
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review, in whole or in
part, if a party that requested a review
withdraws its request within 90 days of
the date of publication of notice of
initiation of the requested review. All
requesting parties withdrew their
respective requests for an administrative
review of the following companies
within 90 days of the date of publication
of the Initiation Notice: 3 Elkay (China)
Kitchen Solutions, Co., Ltd.; Foshan
Shunde MingHao Kitchen Utensils Co.,
Ltd.; Franke Asia Sourcing Ltd.; Grand
Hill Work Company; Guandong
Dongyuan Kitchenware Industrial Co.,
Ltd.; Guangdong G-Top Import & Export
Co., Ltd.; Guandong Yingao Kitchen
Utensils Co., Ltd.; Hangzhou Heng’s
Industries Co., Ltd.; Hubei Foshan
Success Imp & Exp Co. Ltd.; J&C
Industries Enterprise Limited; Jiangmen
Pioneer Import & Export Co., Ltd.;
Jiangxi Zoje Kitchen & Bath Industry
Co., Ltd.; Ningbo Oulin Kitchen Utensils
Co., Ltd.; Primy Cooperation Limited;
Shenzhen Kehuaxing Industrial Ltd.;
Shunde Foodstuffs Import & Export
Company Limited of Guangdong;
Shunde Native Produce Import and
Export Co., Ltd. of Guangdong;
Zhongshan Newecan Enterprise
Development Corporation; and
Zhongshan Silk Imp. & Exp. Group Co.,
Ltd. of Guangdong. Accordingly, the
Department is rescinding this review, in
part, with respect to these companies, in
accordance with 19 CFR 353.213(d)(1).4
The instant review will continue with
respect to the following companies: B&R
Industries Limited; Feidong Import and
Export Co., Ltd.; Foshan Zhaoshun
Trade Co., Ltd.; Guangdong New Shichu
Import & Export Company Limited;
3 See Letter to the Department, ‘‘Drawn Stainless
Steel Sinks from the People’s Republic of China:
Withdraw Request for Annual Administrative
Review,’’ dated June 29, 2017; see also Letter to the
Department, ‘‘Drawn Stainless Steel Sinks from the
People’s Republic of China: Notice of Partial
Withdrawal of Request for Administrative Review,’’
dated July 3, 2017.
4 As stated in Change in Practice in NME Reviews,
the Department will no longer consider the nonmarket economy entity as an exporter conditionally
subject to administrative reviews. See Antidumping
Proceedings; Announcement of Change in
Department Practice for Respondent Selection in
Antidumping Duty Proceedings and Conditional
Review of the Nonmarket Economy Entity in NME
Antidumping Duty Proceedings, 78 FR 65963
(November 3, 2013).
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Jiangmen Hongmao Trading Co., Ltd.;
Jiangmen New Star Hi-Tech Enterprise
Ltd.; KaiPing Dawn Plumbing Products,
Inc.; Ningbo Afa Kitchen and Bath Co.,
Ltd.; Jiangmen Xinhe Stainless Steel
Products Co., Ltd.; Yuyao Afa
Kitchenware Co., Ltd.; Zhongshan
Superte Kitchenware Co., Ltd./
Zhongshan Superte Kitchenware Co.,
Ltd. invoiced as Foshan Zhaoshun
Trade Co., Ltd; and Zhuhai Kohler
Kitchen & Bathroom Products Co., Ltd.
Assessment
Notification to Importers
This notice serves as the only
reminder to importers whose entries
will be liquidated as a result of this
rescission notice, of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties and/or
countervailing duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement may
result in the presumption that
reimbursement of antidumping duties
and/or countervailing duties occurred
and the subsequent assessment of
double antidumping duties.
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
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 return/
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 sanctionable violation.
This notice is published in
accordance with section 751 of the Act
and 19 CFR 351.213(d)(4).
Frm 00005
Dated: September 12, 2017.
James Maeder,
Senior Director performing the duties of
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2017–19640 Filed 9–14–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–827]
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries. For the companies
for which this review is rescinded,
antidumping duties shall be assessed at
rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions directly to CBP 15 days
after the date of publication of this
notice in the Federal Register.
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Certain Cased Pencils From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review,
Preliminary Determination of No
Shipments, and Rescission of Review,
in Part; 2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of certain cased
pencils (pencils) from the People’s
Republic of China (PRC) for the period
of review (POR) December 1, 2015,
through November 30, 2016. We
preliminarily determine that Tianjin
Tonghe Stationery Industrial Co. Ltd.
(Tianjin Tonghe) and the mandatory
respondent, Ningbo Homey Union Co.,
Ltd. (Ningbo Homey), are not eligible for
separate rates and, therefore, remain
part of the PRC-wide entity. We also
preliminarily determine that the entity
comprised of Wah Yuen Stationery Co.
Ltd. (Wah Yuen) and Shandong Wah
Yuen Stationery Co. Ltd. (Shandong
Wah Yuen) (collectively, the Wah Yuen
entity) had no shipments during the
POR. Finally, we are rescinding the
review with respect to Orient
International Holding Shanghai Foreign
Trade Co., Ltd. (Orient), and Shandong
Rongxin Import & Export Co., Ltd.
(Rongxin). If these preliminary results
are adopted in the final results, the
Department will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping (AD) duties on all
appropriate entries of subject
merchandise. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable September 15, 2017.
FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin or Denisa Ursu,
AD/CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
AGENCY:
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DC 20230; telephone: (202) 482–6478 or
(202) 482–2285, respectively.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK30JT082PROD with NOTICES
Background
The Department published the notice
of initiation of this administrative
review on February 13, 2017.1 On
March 10, 2017, Wah Yuen submitted a
separate rate certification and on March
15, 2017, Ningbo Homey submitted a
separate rate application.2 On March 17,
2017, Orient withdrew its request for an
administrative review.3 On March 30,
2017, we selected Ningbo Homey as the
mandatory respondent in this review.4
On April 3, 2017, we issued Ningbo
Homey the AD questionnaire,5 however,
Ningbo Homey did not respond. On
April 5, 2017, the petitioner withdrew
its request for an administrative review
of Rongxin.6 On May 22, 2017, and July
13, 2017, Wah Yuen submitted
supplemental separate rate
information.7
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.8 A list of topics
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
10457 (February 13, 2017) (Initiation Notice).
2 See Letter from Wah Yuen, ‘‘Certain Cased
Pencils from the People’s Republic of China: Wah
Yuen Stationery Co. Ltd.—Separate Rate
Certification,’’ dated March 10, 2017, and Letter
from Ningbo Homey, ‘‘Cased Pencils from the
People’s Republic of China: Separate Rate
Application of Ningbo Homey Union Co., Ltd.,’’
dated March 15, 2017.
3 See Letter from Orient, ‘‘Orient International
Holding Shanghai Foreign Trade Co., Ltd.’s
Withdrawal of Request for Review: Administrative
Review of the Antidumping Order on Cased Pencils
from the People’s Republic of China,’’ dated March
17, 2017.
4 See Memorandum from Sergio Balbontin,
‘‘Antidumping Duty Administrative Review:
Certain Cased Pencils from the People’s Republic of
China, Respondent Selection’’ dated March 30,
2017.
5 See Letter from the Department, ‘‘Request for
Information,’’ dated April 3, 2017.
6 See Letter from the Dixon Ticonderoga
Company (the petitioner), ‘‘Certain Cased Pencils
from the People’s Republic of China: Partial
Withdrawal of Request for Administrative Review,’’
dated April 5, 2017.
7 See Letters from Wah Yuen, ‘‘Certain Cased
Pencils from the People’s Republic of China: Wah
Yuen Stationery Co. Ltd.—Separate Rate
Certification—Supplemental Response,’’ submitted
May 22, 2017, but erroneously dated March 10,
2017; and ‘‘Certain Cased Pencils from the People’s
Republic of China: Wah Yuen Stationery Co. Ltd.—
Separate Rate Certification—2nd Supplemental
Response,’’ dated July 13, 2017 (Separate Rate
Addendum).
8 See Memorandum from James Maeder, Senior
Director performing the duties of the Associate
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Gary Taverman,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, performing the
non-exclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance,
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17:07 Sep 14, 2017
Jkt 241001
included in the Preliminary Decision
Memorandum is included as an
appendix to this notice.
The Preliminary Decision
Memorandum is a public document and
is on file electronically via the
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 in the 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
version of the Preliminary Decision
Memorandum are identical in content.
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.
Although the HTSUS subheading is
provided for convenience and customs
purposes, the written product
description is dispositive. A full
description of the scope of the order is
contained in the Preliminary Decision
Memorandum.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review, ‘‘in whole or in
part, if a party that requested a review
withdraws the request within 90 days of
the date of publication of notice of
initiation of the requested review.’’ The
requests for review of Orient and
Rongxin were withdrawn within the 90day limit. Because we received no other
requests for review of these companies,
we are rescinding the administrative
review of Orient and Rongxin.
Preliminary Determination of No
Shipments
Based on an analysis of CBP
information 9 and Wah Yuen’s Separate
‘‘Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review,
Preliminary Determination of No Shipments, 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).
9 See Memorandum, ‘‘Release of Customs and
Border Protection Data,’’ dated February 13, 2017,
and No shipments inquiry for Certain Cased Pencils
from the People’s Republic of China exported by
Wah Yuen Stationery Co. Ltd. (A–570–827),
Message 7195303 (July 14, 2017).
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Fmt 4703
Sfmt 4703
Rate Addendum, the Department
preliminarily determines that the Wah
Yuen entity 10 had no shipments during
the POR. For additional information
regarding this determination, see the
Preliminary Decision Memorandum.
Consistent with our practice in nonmarket economy (NME) cases, we are
not rescinding this review, in part, but
we intend to complete the review with
respect to the Wah Yuen entity, and
issue appropriate instructions to CBP
based on the final results of the
review.11
Methodology
The Department is conducting this
review in accordance with sections
751(a)(1)(B) and 751(a)(2)(A) of the
Tariff Act of 1930, as amended (the Act).
Tianjin Tonghe did not submit a
separate rate application and, therefore
has not demonstrated its eligibility for a
separate rate. Accordingly, we are
preliminarily treating Tianjin Tonghe as
part of the PRC-wide entity.12 In
addition, because Ningbo Homey did
not respond to our AD questionnaire,
we preliminarily determine that Ningbo
Homey has also not demonstrated its
eligibility for a separate rate and we are
therefore preliminarily treating Ningbo
Homey as part of the PRC-wide entity.
The Department’s policy regarding
conditional review of the PRC-wide
entity applies to this administrative
review.13 Under this policy, the PRCwide entity will not be under review
unless a party specifically requests, or
the Department self-initiates, a review of
the entity. Because no party requested a
review of the PRC-wide entity in this
10 The Department previously determined that
Wah Yuen and Shandong Wah Yuen are affiliated
and should be treated as a single entity, pursuant
to section 771(33) of the Act and 19 CFR 351.401(f).
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), and
accompanying Preliminary Decision Memo at 9;
unchanged in Certain Cased Pencils from the
People’s Republic of China: Final Results of
Antidumping Duty New Shipper Review; 2014–
2015, 81 FR 74764 (October 27, 2016). In the
absence of evidence indicating that the Department
should reexamine its determination to collapse
these two companies, we are continuing to treat
Wah Yuen and Shandong Wah Yuen as a single
entity for purposes of this administrative review.
11 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011)
(Assessment Notice).
12 Although Wah Yuen reported that it is
affiliated with Tianjin Tonghe, it also stated that it
was not requesting a separate rate for Tianjin
Tonghe. See Separate Rate Addendum at 10.
13 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963, 65970 (November 4, 2013).
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review, the entity is not under review
and the entity’s current rate, i.e., 114.90
percent,14 is not subject to change.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Disclosure
Normally, the Department will
disclose the calculations used in its
analysis to parties in this review within
five days of the date of publication of
the notice of preliminary results in the
Federal Register, in accordance with 19
CFR 351.224(b). However, in this case,
there are no calculations on this record
to disclose.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than 30 days after
the publication of these preliminary
result, unless the Secretary alters the
time limit. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.15
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this review are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain: (1) The party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
the issues to be discussed. If a request
for a hearing is made, the Department
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230, at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
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14 See
Certain Cased Pencils from the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review and
Partial Rescission; 2014–2015, 81 FR 83201
(November 21, 2016), unchanged in Certain Cased
Pencils from the People’s Republic of China: Final
Results of Antidumping Duty Administrative
Review 2014–2015, 82 FR 24675 (May 30, 2017),
and accompanying Issues and Decision
Memorandum.
15 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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17:07 Sep 14, 2017
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43331
the hearing two days before the
scheduled date.
The Department intends to issue the
final results of this administrative
review, which will include the results of
our analysis of the issues raised in the
case briefs, within 120 days of
publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act, unless
the deadline is extended.
found to be entitled to a separate rate,
the cash deposit rate will be that for the
PRC-wide entity; 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
deposit requirements, when imposed,
shall remain in effect until further
notice.
Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, AD duties on all
appropriate entries covered by this
review.16 The Department intends to
issue assessment instructions to CBP 15
days after the publication date of the
final results of this review. If the
Department continues to find Ningbo
Homey and Tianjin Tonghe as part of
the PRC-wide entity in the final results,
the Department will instruct CBP to
liquidate POR entries of subject
merchandise from these companies at
the PRC-wide rate of 114.90 percent.
Moreover, if the Department continues
to make a no-shipment finding for Wah
Yuen in the final results, any suspended
entries of subject merchandise from
Wah Yuen will also be liquidated at the
PRC-wide rate.17 Finally, with respect to
entries from Orient and Rongxin,
antidumping duties shall be assessed at
rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i).
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 AD duties occurred
and the subsequent assessment of
double AD duties.
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 section
751(a)(2)(C) of the Act: (1) For any
companies listed above that have a
separate rate, the cash deposit rate will
be that established in the final results of
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
16 See
19 CFR 351.212(b).
17 See Assessment Notice.
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Notification to Interested Parties
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.
Dated: August 31, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
a. Partial Rescission of Review
b. Preliminary Determination of No
Shipments
c. NME Country Status
d. Separate Rates
5. Recommendation
[FR Doc. 2017–19049 Filed 9–14–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–057]
Certain Tool Chests and Cabinets
From the People’s Republic of China:
Preliminary Affirmative Countervailing
Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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Agencies
[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)]
[Notices]
[Pages 43329-43331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19049]
-----------------------------------------------------------------------
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,
Preliminary Determination of No Shipments, and Rescission of Review, in
Part; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of certain cased pencils (pencils) from the
People's Republic of China (PRC) for the period of review (POR)
December 1, 2015, through November 30, 2016. We preliminarily determine
that Tianjin Tonghe Stationery Industrial Co. Ltd. (Tianjin Tonghe) and
the mandatory respondent, Ningbo Homey Union Co., Ltd. (Ningbo Homey),
are not eligible for separate rates and, therefore, remain part of the
PRC-wide entity. We also preliminarily determine that the entity
comprised of Wah Yuen Stationery Co. Ltd. (Wah Yuen) and Shandong Wah
Yuen Stationery Co. Ltd. (Shandong Wah Yuen) (collectively, the Wah
Yuen entity) had no shipments during the POR. Finally, we are
rescinding the review with respect to Orient International Holding
Shanghai Foreign Trade Co., Ltd. (Orient), and Shandong Rongxin Import
& Export Co., Ltd. (Rongxin). If these preliminary results are adopted
in the final results, the Department will instruct U.S. Customs and
Border Protection (CBP) to assess antidumping (AD) duties on all
appropriate entries of subject merchandise. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable September 15, 2017.
FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Denisa Ursu, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington,
[[Page 43330]]
DC 20230; telephone: (202) 482-6478 or (202) 482-2285, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice of initiation of this
administrative review on February 13, 2017.\1\ On March 10, 2017, Wah
Yuen submitted a separate rate certification and on March 15, 2017,
Ningbo Homey submitted a separate rate application.\2\ On March 17,
2017, Orient withdrew its request for an administrative review.\3\ On
March 30, 2017, we selected Ningbo Homey as the mandatory respondent in
this review.\4\ On April 3, 2017, we issued Ningbo Homey the AD
questionnaire,\5\ however, Ningbo Homey did not respond. On April 5,
2017, the petitioner withdrew its request for an administrative review
of Rongxin.\6\ On May 22, 2017, and July 13, 2017, Wah Yuen submitted
supplemental separate rate information.\7\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 10457 (February 13, 2017) (Initiation
Notice).
\2\ See Letter from Wah Yuen, ``Certain Cased Pencils from the
People's Republic of China: Wah Yuen Stationery Co. Ltd.--Separate
Rate Certification,'' dated March 10, 2017, and Letter from Ningbo
Homey, ``Cased Pencils from the People's Republic of China: Separate
Rate Application of Ningbo Homey Union Co., Ltd.,'' dated March 15,
2017.
\3\ See Letter from Orient, ``Orient International Holding
Shanghai Foreign Trade Co., Ltd.'s Withdrawal of Request for Review:
Administrative Review of the Antidumping Order on Cased Pencils from
the People's Republic of China,'' dated March 17, 2017.
\4\ See Memorandum from Sergio Balbontin, ``Antidumping Duty
Administrative Review: Certain Cased Pencils from the People's
Republic of China, Respondent Selection'' dated March 30, 2017.
\5\ See Letter from the Department, ``Request for Information,''
dated April 3, 2017.
\6\ See Letter from the Dixon Ticonderoga Company (the
petitioner), ``Certain Cased Pencils from the People's Republic of
China: Partial Withdrawal of Request for Administrative Review,''
dated April 5, 2017.
\7\ See Letters from Wah Yuen, ``Certain Cased Pencils from the
People's Republic of China: Wah Yuen Stationery Co. Ltd.--Separate
Rate Certification--Supplemental Response,'' submitted May 22, 2017,
but erroneously dated March 10, 2017; and ``Certain Cased Pencils
from the People's Republic of China: Wah Yuen Stationery Co. Ltd.--
Separate Rate Certification--2nd Supplemental Response,'' dated July
13, 2017 (Separate Rate Addendum).
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\8\
A list of topics included in the Preliminary Decision Memorandum is
included as an appendix to this notice.
---------------------------------------------------------------------------
\8\ See Memorandum from James Maeder, Senior Director performing
the duties of the Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance, ``Decision
Memorandum for Preliminary Results of Antidumping Duty
Administrative Review, Preliminary Determination of No Shipments,
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).
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The Preliminary Decision Memorandum is a public document and is on
file electronically via the 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
in the 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 version of the Preliminary Decision Memorandum are
identical in content.
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. Although the HTSUS subheading is provided for convenience
and customs purposes, the written product description is dispositive. A
full description of the scope of the order is contained in the
Preliminary Decision Memorandum.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an
administrative review, ``in whole or in part, if a party that requested
a review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review.'' The
requests for review of Orient and Rongxin were withdrawn within the 90-
day limit. Because we received no other requests for review of these
companies, we are rescinding the administrative review of Orient and
Rongxin.
Preliminary Determination of No Shipments
Based on an analysis of CBP information \9\ and Wah Yuen's Separate
Rate Addendum, the Department preliminarily determines that the Wah
Yuen entity \10\ had no shipments during the POR. For additional
information regarding this determination, see the Preliminary Decision
Memorandum.
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\9\ See Memorandum, ``Release of Customs and Border Protection
Data,'' dated February 13, 2017, and No shipments inquiry for
Certain Cased Pencils from the People's Republic of China exported
by Wah Yuen Stationery Co. Ltd. (A-570-827), Message 7195303 (July
14, 2017).
\10\ The Department previously determined that Wah Yuen and
Shandong Wah Yuen are affiliated and should be treated as a single
entity, pursuant to section 771(33) of the Act and 19 CFR
351.401(f). 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), and accompanying Preliminary
Decision Memo at 9; unchanged in Certain Cased Pencils from the
People's Republic of China: Final Results of Antidumping Duty New
Shipper Review; 2014-2015, 81 FR 74764 (October 27, 2016). In the
absence of evidence indicating that the Department should reexamine
its determination to collapse these two companies, we are continuing
to treat Wah Yuen and Shandong Wah Yuen as a single entity for
purposes of this administrative review.
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Consistent with our practice in non-market economy (NME) cases, we
are not rescinding this review, in part, but we intend to complete the
review with respect to the Wah Yuen entity, and issue appropriate
instructions to CBP based on the final results of the review.\11\
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\11\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011)
(Assessment Notice).
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Methodology
The Department is conducting this review in accordance with
sections 751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as
amended (the Act). Tianjin Tonghe did not submit a separate rate
application and, therefore has not demonstrated its eligibility for a
separate rate. Accordingly, we are preliminarily treating Tianjin
Tonghe as part of the PRC-wide entity.\12\ In addition, because Ningbo
Homey did not respond to our AD questionnaire, we preliminarily
determine that Ningbo Homey has also not demonstrated its eligibility
for a separate rate and we are therefore preliminarily treating Ningbo
Homey as part of the PRC-wide entity.
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\12\ Although Wah Yuen reported that it is affiliated with
Tianjin Tonghe, it also stated that it was not requesting a separate
rate for Tianjin Tonghe. See Separate Rate Addendum at 10.
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The Department's policy regarding conditional review of the PRC-
wide entity applies to this administrative review.\13\ Under this
policy, the PRC-wide entity will not be under review unless a party
specifically requests, or the Department self-initiates, a review of
the entity. Because no party requested a review of the PRC-wide entity
in this
[[Page 43331]]
review, the entity is not under review and the entity's current rate,
i.e., 114.90 percent,\14\ is not subject to change.
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\13\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4,
2013).
\14\ See Certain Cased Pencils from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review
and Partial Rescission; 2014-2015, 81 FR 83201 (November 21, 2016),
unchanged in Certain Cased Pencils from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review 2014-
2015, 82 FR 24675 (May 30, 2017), and accompanying Issues and
Decision Memorandum.
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For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.
Disclosure
Normally, the Department will disclose the calculations used in its
analysis to parties in this review within five days of the date of
publication of the notice of preliminary results in the Federal
Register, in accordance with 19 CFR 351.224(b). However, in this case,
there are no calculations on this record to disclose.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the publication of these preliminary result, unless the
Secretary alters the time limit. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than five days after
the deadline date for case briefs.\15\ Pursuant to 19 CFR 351.309(c)(2)
and (d)(2), parties who submit case briefs or rebuttal briefs in this
review are encouraged to submit with each argument: (1) A statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\15\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain:
(1) The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. If a
request for a hearing is made, the Department intends to hold the
hearing at the U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230, at a time and date to be determined. Parties
should confirm by telephone the date, time, and location of the hearing
two days before the scheduled date.
The Department intends to issue the final results of this
administrative review, which will include the results of our analysis
of the issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act, unless the deadline is extended.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, AD duties on all appropriate entries covered by
this review.\16\ The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review. If the Department continues to find Ningbo
Homey and Tianjin Tonghe as part of the PRC-wide entity in the final
results, the Department will instruct CBP to liquidate POR entries of
subject merchandise from these companies at the PRC-wide rate of 114.90
percent. Moreover, if the Department continues to make a no-shipment
finding for Wah Yuen in the final results, any suspended entries of
subject merchandise from Wah Yuen will also be liquidated at the PRC-
wide rate.\17\ Finally, with respect to entries from Orient and
Rongxin, antidumping duties shall be assessed at rates equal to the
cash deposit of estimated antidumping duties required at the time of
entry, or withdrawal from warehouse, for consumption, in accordance
with 19 CFR 351.212(c)(1)(i).
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\16\ See 19 CFR 351.212(b).
\17\ See Assessment Notice.
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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 section 751(a)(2)(C) of the Act: (1) For any companies
listed above that have a separate rate, the cash deposit rate will be
that established in the final results of 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; 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 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 AD duties occurred and the subsequent assessment of
double AD duties.
Notification to Interested Parties
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.
Dated: August 31, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
a. Partial Rescission of Review
b. Preliminary Determination of No Shipments
c. NME Country Status
d. Separate Rates
5. Recommendation
[FR Doc. 2017-19049 Filed 9-14-17; 8:45 am]
BILLING CODE 3510-DS-P