Certain Cased Pencils From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Rescission of Review, in Part; 2017-2018, 54592-54594 [2019-22132]
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54592
Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Notices
In accordance with section 736(b)(2)
of the Act, Commerce will instruct CBP
to release any bond or other security,
and refund any cash deposit made, to
secure the payment of antidumping
duties with respect to entries of the
merchandise entered, or withdrawn
from warehouse, for consumption before
the date of publication of the ITC’s final
affirmative determination under section
735(b) of the Act. Further, Commerce
will instruct CBP to terminate the
suspension of liquidation of, and to
liquidate without regard to antidumping
duties, entries of refillable stainless steel
kegs from Mexico which are entered, or
withdrawn from warehouse, for
consumption prior to the date of
publication of the ITC’s affirmative
determination under section 735(b) of
the Act.
Provisional Measures and Critical
Circumstances
Because the ITC determined, in
accordance with section 735(d) of the
Act, that the establishment of an
industry in the United States is
materially retarded within the meaning
of section 735(b)(1)(B) of the Act by
reason of imports of refillable stainless
steel kegs from Mexico sold at LTFV,
and further found that critical
circumstances do not exist with respect
to imports of subject merchandise from
Mexico,3 provisional measures are
inapplicable. Similarly, because of the
ITC’s final negative determination of
critical circumstances, pursuant to
section 735(c)(3) of the Act, Commerce
will instruct CBP to terminate any
retroactive suspension of liquidation,
release any bond or other security, and
refund any cash deposit required to
secure the payment of antidumping
duties with respect to entries of
refillable stainless steel kegs from
Mexico entered, or withdrawn from
warehouse, for consumption before the
date of publication of the ITC’s final
affirmative determination under section
735(b) of the Act.
Estimated Weighted-Average Dumping
Margins
The weighted-average dumping
margins are as follows:
Weightedaverage
dumping
margin
(percent)
Producer/exporter
THIELMANN Mexico S.A. de C.V
Portinox Mexico S.A. de C.V ......
Geodis Wilson Mexico S.A. de
C.V.
3 See
18.48
18.48
18.48
ITC Letter.
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19:50 Oct 09, 2019
Jkt 250001
Producer/exporter
All Others .....................................
Weightedaverage
dumping
margin
(percent)
18.48
Notification to Interested Parties
This notice constitutes the
antidumping duty order with respect to
refillable stainless steel kegs from
Mexico pursuant to section 736(a) of the
Act. Interested parties can find a list of
antidumping duty orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
This order is issued and published in
accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: October 4, 2019.
Jeffery I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Scope of the Order
The merchandise covered by the order are
kegs, vessels, or containers with bodies that
are approximately cylindrical in shape, made
from stainless steel (i.e., steel containing at
least 10.5 percent chromium by weight and
less than 1.2 percent carbon by weight, with
or without other elements), and that are
compatible with a ‘‘D Sankey’’ extractor
(refillable stainless steel kegs) with a nominal
liquid volume capacity of 10 liters or more,
regardless of the type of finish, gauge,
thickness, or grade of stainless steel, and
whether or not covered by or encased in
other materials. Refillable stainless steel kegs
may be imported assembled or unassembled,
with or without all components (including
spears, couplers or taps, necks, collars, and
valves), and be filled or unfilled.
‘‘Unassembled’’ or ‘‘unfinished’’ refillable
stainless steel kegs include drawn stainless
steel cylinders that have been welded to form
the body of the keg and attached to an upper
(top) chime and/or lower (bottom) chime.
Unassembled refillable stainless steel kegs
may or may not be welded to a neck, may
or may not have a valve assembly attached,
and may be otherwise complete except for
testing, certification, and/or marking.
Subject merchandise also includes
refillable stainless steel kegs that have been
further processed in a third country,
including but not limited to, attachment of
necks, collars, spears or valves, heat
treatment, pickling, passivation, painting,
testing, certification or any other processing
that would not otherwise remove the
merchandise from the scope of the order if
performed in the country of manufacture of
the in-scope refillable stainless steel keg.
Specifically excluded are the following:
(1) Vessels or containers that are not
approximately cylindrical in nature (e.g.,
box, ‘‘hopper’’ or ‘‘cone’’ shaped vessels);
(2) stainless steel kegs, vessels, or
containers that have either a ‘‘ball lock’’
valve system or a ‘‘pin lock’’ valve system
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(commonly known as ‘‘Cornelius,’’ ‘‘corny’’
or ‘‘ball lock’’ kegs);
(3) necks, spears, couplers or taps, collars,
and valves that are not imported with the
subject merchandise; and
(4) stainless steel kegs that are filled with
beer, wine, or other liquid and that are
designated by the Commissioner of Customs
as Instruments of International Traffic within
the meaning of section 332(a) of the Tariff
Act of 1930, as amended.
The merchandise covered by the order are
currently classified in the Harmonized Tariff
Schedule of the United States (HTSUS) under
subheadings 7310.10.0010, 7310.10.0050,
7310.29.0025, and 7310.29.0050.
These HTSUS subheadings are provided
for convenience and customs purposes; the
written description of the scope of the order
is dispositive.
[FR Doc. 2019–22279 Filed 10–9–19; 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:
Preliminary Results of Antidumping
Duty Administrative Review and
Rescission of Review, in Part; 2017–
2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable October 10, 2019.
SUMMARY: The Department of Commerce
(Commerce) is conducting an
administrative review of certain cased
pencils (pencils) from the People’s
Republic of China (China) for the period
of review (POR) December 1, 2017
through November 30, 2018. We
preliminarily determine that Fila Dixon
Stationery (Kunshan) Co., Ltd. (Kunshan
Dixon) is not eligible for a separate rate
and, therefore, remains part of the
China-wide entity. Additionally, we are
rescinding the review with respect to six
companies. If these preliminary results
are adopted in the final results,
Commerce 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.
FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin or Brian Smith, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6478 or
(202) 482–1766, respectively.
AGENCY:
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Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Notices
SUPPLEMENTARY INFORMATION:
Background
Commerce published the notice of
initiation of this administrative review
on March 14, 2019.1 For a complete
description of the events of this review,
see the Preliminary Decision
Memorandum.2 A list of topics 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
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
China. The subject merchandise is
currently classifiable under Harmonized
Tariff Schedule of the United States
(HTSUS) subheading 9609.10.00.
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),
Commerce will rescind an
administrative review, ‘‘in whole or in
part, if a party that requested a review
withdraws the request within 90 days of
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
9297 (March 14, 2019). Because Commerce
inadvertently initiated an administrative review on
Beijing Fila Dixon Stationery Co., Ltd. (aka Beijing
Dixon Ticonderoga Stationery Co.) (Beijing Dixon)
for which the order was revoked, Commerce
published a correction initiation notice rescinding
the administrative review of Beijing Dixon. See
Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 12200, 12206 n.9
(April 1, 2019).
2 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review and Partial Rescission:
Certain Cased Pencils from the People’s Republic of
China; 2017–2018,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
VerDate Sep<11>2014
19:50 Oct 09, 2019
Jkt 250001
the date of publication of notice of
initiation of the requested review.’’ All
requests for review have been timely
withdrawn except with respect to
Kunshan Dixon. Therefore, we are
rescinding the administrative review
with respect to Shandong Rongxin
Import & Export Co., Ltd., Wah Yuen
Stationery Co. Ltd. and Shandong Wah
Yuen Stationery Co. Ltd. (collectively,
the Wah Yuen Companies), Tianjin
Tonghe Stationery Co. Ltd., Ningbo
Homey Union Co., Ltd., and Orient
International Shanghai Foreign Trade
Co., Ltd.
Methodology
Commerce 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). Kunshan
Dixon did not respond to Commerce’s
AD questionnaire and, therefore, has not
demonstrated its eligibility for a
separate rate. Accordingly, we are
preliminarily treating Kunshan Dixon as
part of the China-wide entity.
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.3 Under this policy, the Chinawide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the China-wide entity in this
review, the entity is not under review
and the entity’s current rate, i.e., 114.90
percent,4 is not subject to change.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Disclosure
Normally, Commerce will disclose the
calculations used in its analysis to
parties in this review within five days
of the public announcement or, if there
is no public announcement, within five
days of the date of publication of the
notice of preliminary results, in
accordance with 19 CFR 351.224(b).
However, in this case, because
Commerce did not calculate a weighted3 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).
4 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.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
54593
average dumping margin for any
companies in this review, or the Chinawide entity, there are no calculations 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
results, unless the Secretary alters the
time limit.5 Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
case briefs are filed.6 Pursuant to 19
CFR 351.309(c)(2) and (d)(2), parties
who submit case or rebuttal briefs in
this review are requested 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, Commerce
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.
Unless otherwise extended,
Commerce 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, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results,
Commerce will determine, and CBP
shall assess, AD duties on all
appropriate entries covered by this
review.7 Commerce intends to issue
assessment instructions to CBP 15 days
after the publication date of the final
results of this review. If Commerce
continues to find Kunshan Dixon to be
part of the China-wide entity in the final
5 See 19 CFR 351.309(c)(1)(ii); see also 19 CFR
351.303 (for general filing requirements).
6 See 19 CFR 351.309(d).
7 See 19 CFR 351.212(b).
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Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Notices
results, Commerce will instruct CBP to
liquidate POR entries of subject
merchandise from this firm at the
China-wide rate of 114.90 percent. With
respect to entries from companies for
which Commerce is rescinding the
review, AD duties shall be assessed at
rates equal to the cash deposit of
estimated AD duties required at the time
of entry, or withdrawal from warehouse,
for consumption, in accordance with 19
CFR 351.212(c)(1)(i).
Cash Deposit Requirements
The following cash deposit
requirements for estimated AD duties,
when imposed, will apply to all
shipments of the subject merchandise
from China entered, or withdrawn from
warehouse, for consumption on or after
the publication date of the final results
of this administrative review, as
provided by section 751(a)(2)(C) of the
Act: (1) For any company that is granted
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 Chinese and non-Chinese
exporters that are not under review in
this segment but 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 Chinese
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 China-wide entity (i.e.,
114.90 percent); 8 and (4) for all nonChinese exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the Chinese
exporter that supplied that non-Chinese
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 AD
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result Commerce’s
presumption that reimbursement of AD
duties occurred and the subsequent
assessment of double AD duties.
8 See 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).
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19:50 Oct 09, 2019
Jkt 250001
Notification to Interested Parties
DEPARTMENT OF COMMERCE
published the notice of continuation of
the Order pursuant to the second sunset
review.2 On June 4, 2019, Commerce
published the notice of initiation of the
third sunset review of the Order.3
On June 7, 2019, Commerce received
notice of intent to participate from
Globe Metallurgical Inc. (Globe), within
the deadline specified in 19 CFR
351.218(d)(1)(i).4 On July 3, 2019,
Commerce received adequate
substantive responses from Globe
within the 30-day period specified in 19
CFR 351.218(d)(3)(i).5 Globe, a domestic
producer of the subject merchandise,
claimed interested party status under
section 771(9)(C) of the Tariff Act of
1930, as amended (the Act).6 We
received no substantive responses from
any respondent interested parties. As a
result, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce
conducted an expedited (120-day)
sunset review of the Order.
International Trade Administration
Scope of the Order
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.213 and
351.221(b)(4).
Dated: October 3, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
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
VI. Recommendation
[FR Doc. 2019–22132 Filed 10–9–19; 8:45 am]
BILLING CODE 3510–DS–P
[A–821–817]
Silicon Metal From the Russian
Federation: Final Results of Expedited
Third Sunset Review of the
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this sunset
review, the Department of Commerce
(Commerce) finds that revocation of the
antidumping duty (AD) order on silicon
metal from the Russian Federation
(Russia) would be likely to lead to
continuation or recurrence of dumping.
The magnitude of the dumping margins
likely to prevail are indicated in the
‘‘Final Results of Sunset Review’’
section of this notice.
DATES: Applicable October 10, 2019.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3148.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 26, 2003, Commerce issued
an AD order on silicon metal from
Russia.1 On July 2, 2014, Commerce
1 See Antidumping Duty Order: Silicon Metal
from Russia, 68 FR 14578 (March 26, 2003)
(Antidumping Duty Order), amended by Silicon
Metal From the Russian Federation; Notice of
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Fmt 4703
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The product covered by this Order is
silicon metal, which generally contains
at least 96.00 percent but less than 99.99
percent silicon by weight. The
merchandise covered by the Order also
includes silicon metal from Russia
containing between 89.00 and 96.00
percent silicon by weight, but
containing more aluminum than the
silicon metal which contains at least
96.00 percent but less than 99.99
percent silicon by weight. Silicon metal
currently is classifiable under
subheadings 2804.69.10 and 2804.69.50
of the Harmonized Tariff Schedule of
the United States (HTSUS). The Order
covers all silicon metal meeting the
above specification, regardless of tariff
classification.
Analysis of Comments Received
All issues raised for the final results
of this sunset review are listed in the
appendix to this notice and addressed
in the Issues and Decision
Amended Final Determination Pursuant to Court
Decision, 71 FR 8277 (February 16, 2006) (Amended
Final Determination).
2 See Silicon Metal from the Russian Federation:
Continuation of Antidumping Duty Order, 79 FR
37718 (July 2, 2014).
3 See Initiation of Five-Year (Sunset) Reviews, 84
FR 25741 (June 4, 2019).
4 See Globe’s Letter, ‘‘Silicon Metal from Russia;
Third Sunset Review; Notice of Intent to
Participate,’’ dated June 7, 2019.
5 See Globe’s Letter, ‘‘Silicon Metal from Russia;
Third Sunset Review; Substantive Response of
Globe Specialty Metals, Inc. to the Notice of
Initiation,’’ dated July 3, 2019 (Globe’s Substantive
Response).
6 Id.
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Agencies
[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Notices]
[Pages 54592-54594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22132]
-----------------------------------------------------------------------
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
Rescission of Review, in Part; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable October 10, 2019.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of certain cased pencils (pencils) from the
People's Republic of China (China) for the period of review (POR)
December 1, 2017 through November 30, 2018. We preliminarily determine
that Fila Dixon Stationery (Kunshan) Co., Ltd. (Kunshan Dixon) is not
eligible for a separate rate and, therefore, remains part of the China-
wide entity. Additionally, we are rescinding the review with respect to
six companies. If these preliminary results are adopted in the final
results, Commerce 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.
FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Brian Smith, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-6478 or (202)
482-1766, respectively.
[[Page 54593]]
SUPPLEMENTARY INFORMATION:
Background
Commerce published the notice of initiation of this administrative
review on March 14, 2019.\1\ For a complete description of the events
of this review, see the Preliminary Decision Memorandum.\2\ A list of
topics included in the Preliminary Decision Memorandum is included as
an appendix to this notice.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 9297 (March 14, 2019). Because
Commerce inadvertently initiated an administrative review on Beijing
Fila Dixon Stationery Co., Ltd. (aka Beijing Dixon Ticonderoga
Stationery Co.) (Beijing Dixon) for which the order was revoked,
Commerce published a correction initiation notice rescinding the
administrative review of Beijing Dixon. See Initiation of
Antidumping and Countervailing Duty Administrative Reviews, 84 FR
12200, 12206 n.9 (April 1, 2019).
\2\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review and Partial
Rescission: Certain Cased Pencils from the People's Republic of
China; 2017-2018,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
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 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 China. The subject merchandise is currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheading
9609.10.00. 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), Commerce 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.'' All
requests for review have been timely withdrawn except with respect to
Kunshan Dixon. Therefore, we are rescinding the administrative review
with respect to Shandong Rongxin Import & Export Co., Ltd., Wah Yuen
Stationery Co. Ltd. and Shandong Wah Yuen Stationery Co. Ltd.
(collectively, the Wah Yuen Companies), Tianjin Tonghe Stationery Co.
Ltd., Ningbo Homey Union Co., Ltd., and Orient International Shanghai
Foreign Trade Co., Ltd.
Methodology
Commerce 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). Kunshan Dixon did not respond to Commerce's AD questionnaire
and, therefore, has not demonstrated its eligibility for a separate
rate. Accordingly, we are preliminarily treating Kunshan Dixon as part
of the China-wide entity.
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\3\ Under this policy, the
China-wide entity will not be under review unless a party specifically
requests, or Commerce self-initiates, a review of the entity. Because
no party requested a review of the China-wide entity in this review,
the entity is not under review and the entity's current rate, i.e.,
114.90 percent,\4\ is not subject to change.
---------------------------------------------------------------------------
\3\ 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).
\4\ 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.
---------------------------------------------------------------------------
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.
Disclosure
Normally, Commerce will disclose the calculations used in its
analysis to parties in this review within five days of the public
announcement or, if there is no public announcement, within five days
of the date of publication of the notice of preliminary results, in
accordance with 19 CFR 351.224(b). However, in this case, because
Commerce did not calculate a weighted-average dumping margin for any
companies in this review, or the China-wide entity, there are no
calculations 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 results, unless the
Secretary alters the time limit.\5\ Rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than five days after
case briefs are filed.\6\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case or rebuttal briefs in this review are requested
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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\5\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\6\ See 19 CFR 351.309(d).
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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, Commerce 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.
Unless otherwise extended, Commerce 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, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, AD duties on all appropriate entries covered by this
review.\7\ Commerce intends to issue assessment instructions to CBP 15
days after the publication date of the final results of this review. If
Commerce continues to find Kunshan Dixon to be part of the China-wide
entity in the final
[[Page 54594]]
results, Commerce will instruct CBP to liquidate POR entries of subject
merchandise from this firm at the China-wide rate of 114.90 percent.
With respect to entries from companies for which Commerce is rescinding
the review, AD duties shall be assessed at rates equal to the cash
deposit of estimated AD 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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\7\ See 19 CFR 351.212(b).
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Cash Deposit Requirements
The following cash deposit requirements for estimated AD duties,
when imposed, will apply to all shipments of the subject merchandise
from China entered, or withdrawn from warehouse, for consumption on or
after the publication date of the final results of this administrative
review, as provided by section 751(a)(2)(C) of the Act: (1) For any
company that is granted 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 Chinese and non-Chinese exporters
that are not under review in this segment but 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 Chinese
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
China-wide entity (i.e., 114.90 percent); \8\ and (4) for all non-
Chinese exporters of subject merchandise which have not received their
own rate, the cash deposit rate will be the rate applicable to the
Chinese exporter that supplied that non-Chinese exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\8\ See 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).
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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 AD duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result Commerce'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 preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213 and 351.221(b)(4).
Dated: October 3, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
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
VI. Recommendation
[FR Doc. 2019-22132 Filed 10-9-19; 8:45 am]
BILLING CODE 3510-DS-P