Certain Cased Pencils From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 60636-60638 [2023-19021]

Download as PDF 60636 Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Notices PROPOSED FISCAL YEAR 2025 ANNUAL MATERIALS PLAN—Continued Material Unit Quantity Footnote Triamino Trinitrobenzene (TATB) ..................................................................................... Potential Recovery from Government sources: Aerospace Alloys .............................................................................................................. Battery Materials ............................................................................................................... Boron Carbide ................................................................................................................... Cobalt ................................................................................................................................ E-Waste ............................................................................................................................ Germanium ....................................................................................................................... Iridium Catalyst ................................................................................................................. Magnesium Metal .............................................................................................................. Rare Earths ....................................................................................................................... Tantalum ........................................................................................................................... Yttrium Aluminum Garnet Rods ........................................................................................ Lbs ............................ 48,000 ........................ Lbs ............................ MT ............................ MT ............................ Lbs ............................ MT ............................ kg .............................. Lbs ............................ MT ............................ Lbs ............................ MT ............................ kg .............................. 1,500,000 100 300 50,000 100 5,000 200 25 20,000 10 250 ........................ ........................ ........................ ........................ 2 ........................ ........................ ........................ ........................ ........................ ........................ 1 Actual quantity will be limited to remaining excess inventory. 2 Strategic and Critical Materials collected from E-Waste (Strategic Materials collected from electronics waste). Thea D. Rozman Kendler, Assistant Secretary for Export Administration. cased pencils from the People’s Republic of China (China).1 On December 1, 2022, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the Order.2 Based on timely requests for review, in accordance with 351.221(c)(1)(i), Commerce published the initiation of this administrative review on February 2, 2023, with respect to three companies: Tianjin Tonghe, Ningbo Homey, and Wah Yuen.3 The period of review (POR) is December 1, 2021, through November 30, 2022. Accordingly, on February 3, 2023, Commerce released the U.S. Customs and Border Protection (CBP) [FR Doc. 2023–19057 Filed 9–1–23; 8:45 am] BILLING CODE 3510–33–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; 2021– 2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that the single entity Wah Yuen Stationery Co. Ltd./Shandong Wah Yuen Stationery Co. Ltd. (Wah Yuen) is part of the China-wide entity, and continues to find that Tianjin Tonghe Stationery Co., Ltd. (Tianjin Tonghe) and Ningbo Homey Union Co., Ltd. (Ningbo Homey) are part of the China-wide entity. We invite interested parties to comment on these preliminary results. DATES: Applicable September 5, 2023. FOR FURTHER INFORMATION CONTACT: Katherine Johnson, 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) 482–4929. SUPPLEMENTARY INFORMATION: ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: Background On December 28, 1994, Commerce published in the Federal Register the antidumping duty order on certain VerDate Sep<11>2014 18:02 Sep 01, 2023 Jkt 259001 1 See Antidumping Duty Order: Certain Cased Pencils from the People’s Republic of China, 59 FR 66909 (December 28, 1994) (Order), see also Certain Cased Pencils from the People’s Republic of China: Continuation of Antidumping Duty Order, 82 FR 41608 (September 1, 2017). 2 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review and Join Annual Inquiry Service List, 87 FR 73752 (December 1, 2022). 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 7060 (February 2, 2023) (Initiation Notice). Commerce determined that Wah Yuen Stationery Co. Ltd. and Shandong Wah Yuen Stationery Co. Ltd. are affiliated, pursuant to section 771(33) of the Tariff Act of 1930, as amended (the Act), and should be treated as a single entity, pursuant to 19 CFR 351.401(f), in a prior administrative review. 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 Memorandum at 9–10, 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); see also Certain Cased Pencils from the People’s Republic of China: Amended Final Results of Antidumping Duty New Shipper Review; 2014–2015, 81 FR 92784 (December 20, 2016) (Amended New Shipper Review). Because there is no record evidence indicating that Commerce should revisit this determination, we are continuing to treat these two companies as a single entity for purposes of this administrative review. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 data to all interested parties under an administrative protective order and requested comments regarding the data and respondent selection.4 We received no comments on the CBP data. Moreover, no party filed a claim of no shipments, or a separate rate application or certification, as appropriate, within the time period specified in the Initiation Notice.5 Scope of the Order Imports covered by the Order are shipments of certain cased pencils of any shape or dimension (except as described below) which are writing and/ or drawing instruments that feature cores of graphite or other materials, encased in wood and/or man-made materials, whether or not decorated and whether or not tipped (e.g., with erasers, etc.) in any fashion, and either sharpened or unsharpened. The pencils subject to the Order are currently classifiable under subheading 9609.10.00 of the Harmonized Tariff Schedule of the United States (HTSUS). Specifically excluded from the scope of the Order are mechanical pencils, cosmetic pencils, pens, non-cased crayons (wax), pastels, charcoals, chalks, and pencils produced under U.S. patent number 6,217,242, from paper infused with scents by the means covered in the above-referenced patent, thereby having odors distinct from those that may emanate from pencils lacking the scent infusion. Also excluded from the scope of the Order are pencils with all of the following physical characteristics: (1) length: 13.5 or more inches; (2) sheath diameter: not less 4 See Memorandum, ‘‘Release of Customers and Border Protection Data, dated February 3, 2023. 5 See Initiation Notice, 88 FR 7060, 7061. As noted in the Initiation Notice, ‘‘Exporters and producers must file a timely Separate Rate Application or Certification if they want to be considered for individual examination.’’ E:\FR\FM\05SEN1.SGM 05SEN1 Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Notices than one-and-one quarter inches at any point (before sharpening); and (3) core length: not more than 15 percent of the length of the pencil. In addition, pencils with all of the following physical characteristics are excluded from the scope of the Order: novelty jumbo pencils that are octagonal in shape, approximately ten inches long, one inch in diameter before sharpening, and three-and-one eighth inches in circumference, composed of turned wood encasing one-and-one half inches of sharpened lead on one end and a rubber eraser on the other end. Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of the Order is dispositive. China-Wide Entity Commerce’s policy regarding conditional review of the China-wide entity applies to this administrative review.6 Under this policy, the Chinawide entity will not be reviewed 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, the entity is not under review, and the entity’s rate of 114.90 percent is not subject to change.7 In this review, Wah Yuen did not submit a separate rate certification that it continues to meet the criteria for obtaining a separate rate and neither Tianjin Tonghe nor Ningbo Homey submitted a separate rate application. Commerce considers all companies for which a review was requested, and which did not demonstrate separate rate eligibility, to be part of the China-wide entity.8 Accordingly, we preliminarily consider Wah Yuen, Tianjin Tonghe, and Ningbo Homey to be part of the China-wide entity. ddrumheller on DSK120RN23PROD with NOTICES1 Disclosure and Public Comment Normally, Commerce discloses the calculations used in its analysis to parties in a review within five days of 6 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 4, 2013). 7 See, e.g., Certain Cased Pencils from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2020– 2021, 87 FR 42998 (July 19, 2022), unchanged in Certain Cased Pencils from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2020–2021, 87 FR 54959 (September 8, 2022). 8 See Initiation Notice (‘‘All firms listed below that wish to qualify for separate rate status in the administrative reviews involving NME countries must complete, as appropriate, either a separate rate application or certification, as described below.’’) VerDate Sep<11>2014 18:02 Sep 01, 2023 Jkt 259001 the date of publication of the notice of preliminary results, in accordance with 19 CFR 351.224(b). However, in this case, there are no calculations to disclose. Interested parties may submit case briefs no later than 30 days after the date of publication of these preliminary results of review.9 Rebuttal briefs may be filed no later than seven days after the written comments are filed, and all rebuttal comments must be limited to comments raised in the case briefs.10 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case 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. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.11 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 by 5:00 p.m. Eastern Time and filed electronically via ACCESS.12 Requests should contain the party’s name, address, telephone number, the number of participants and whether any of those individuals is a foreign national, and a list of the issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. If a request for a hearing is made, we intend to hold the hearing at the date and time to be determined.13 Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Unless the deadline is otherwise extended, we intend to issue the final results of this review, which will include the results of our analysis of the issues raised in any briefs, within 120 days of publication of these preliminary results in the Federal Register, pursuant 9 See 19 CFR 351.309(c). 19 CFR 351.309(d); see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006, 17007 (March 26, 2020) (‘‘To provide adequate time for release of case briefs via ACCESS, E&C intends to schedule the due date for all rebuttal briefs to be 7 days after case briefs are filed (while these modifications remain in effect).’’). 11 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 12 See 19 CFR 351.310(c). 13 Id. 10 See PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 60637 to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h). Assessment Rates Upon issuance of the final results, Commerce will determine, and CBP shall assess, antidumping (AD) duties on all appropriate entries covered by this review, in accordance with 19 CFR 351.212(b). If Commerce continues to find that Wah Yuen, Tianjin Tonghe, and Ningbo Homey are part of the China-wide entity in the final results, Commerce intends to instruct CBP to liquidate POR entries of subject merchandise from these companies at the China-wide rate. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) for previously investigated or reviewed Chinese and non-Chinese exporters for which a review was not requested and 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; (2) 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 the rate for the China-wide entity; and (3) for all nonChinese exporters of subject merchandise that 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 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) 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 in Commerce’s presumption that reimbursement of AD duties occurred E:\FR\FM\05SEN1.SGM 05SEN1 60638 Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Notices and the subsequent assessment of double AD duties. Notification to Interested Parties We are issuing and publishing the preliminary results of this administrative review in accordance with sections 751(a)(l) and 777(i)(l) of the Act, and 19 CFR 351.213 and 19 CFR 351.221(b)(4). Dated: August 28, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–19021 Filed 9–1–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–580–884] Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Notice of Court Decision Not in Harmony With the Results of Countervailing Duty Administrative Review; Notice of Amended Final Results Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On August 21, 2023, the U.S. Court of International Trade (CIT) issued its final judgment in Hyundai Steel Company v. United States, Court No. 21–00536, sustaining the U.S. Department of Commerce (Commerce)’s remand results pertaining to the administrative review of the countervailing duty (CVD) order on certain hot-rolled steel flat products (HRS) from the Republic of Korea (Korea) covering the period January 1, 2018, through December 31, 2018. Commerce is notifying the public that the CIT’s final judgement is not in harmony with Commerce’s final results of the administrative review, and that Commerce is amending the final results with respect to the countervailable subsidy rate assigned to Hyundai Steel Company (Hyundai Steel). DATES: Applicable August 31, 2023. FOR FURTHER INFORMATION CONTACT: Nathan James, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5305. SUPPLEMENTARY INFORMATION: ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: Background On August 26, 2021, Commerce published its Final Results of the 2018 CVD administrative review of HRS from VerDate Sep<11>2014 18:02 Sep 01, 2023 Jkt 259001 Korea.1 Commerce determined that Hyundai Steel received countervailable subsidies from the Government of Korea (GOK) under various programs, including the Reduction for Sewerage Fees program and the Provision of Port Usage Rights at the Port of Incheon program.2 With respect to the sewerage fees program, we found that Hyundai Steel’s reduced sewerage bill reflected revenue forgone, and we calculated a 0.01 percent ad valorem subsidy rate for the program.3 With respect to the Port of Incheon program, we found that Hyundai Steel received a financial contribution in the form of revenue forgone, because the GOK gave Hyundai Steel the right to collect berthing income and harbor facility usage fees which otherwise would have been collected by the GOK.4 Hyundai Steel appealed Commerce’s Final Results. On February 10, 2023, the CIT remanded Commerce’s determination that the Port of Incheon program conferred a benefit; the CIT also, at Commerce’s request, remanded Commerce’s determination related to the sewerage fees program.5 In its final remand redetermination, issued in April 2023, Commerce reexamined the Reduction for Sewerage Fees program and determined that the program was not countervailable. We also provided further explanation for our determination that the Port of Incheon program should be analyzed as a revenue forgone subsidy program and that it conferred a benefit. We adjusted the final subsidy rate calculation from the previous rate of 0.51 percent for Hyundai Steel to a new subsidy rate of 0.50 percent.6 The CIT sustained Commerce’s final results of redetermination.7 1 See Certain Hot-Rolled Steel Flat Products from the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 2018, 86 FR 47621 (August 26, 2021) (Final Results), and accompanying Issues and Decision Memorandum (IDM). 2 See Final Results IDM at Comments 2 and 3. 3 Id. at 7 and Comment 3. 4 Id. at 7 and Comment 2. 5 See Hyundai Steel Company v. United States, Court No. 21–00536, Slip Op. 23–15 (CIT 2023). 6 See Final Results of Redetermination Pursuant to Court Remand, Hyundai Steel Company v. United States, Court No. 21–00536, Slip Op. 23–15 (CIT February 10, 2023), dated April 7, 2023, available at https://access.trade.gov/resources/ remands/23-15.pdf. 7 See Hyundai Steel Company v. United States, Court No. 21–00536, Slip. Op. 23–121, at 13. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Timken Notice In its decision in Timken,8 as clarified by Diamond Sawblades,9 the U.S. Court of Appeals for the Federal Circuit held that, pursuant to sections 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s August 21, 2023, judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s Final Results. Thus, this notice is published in fulfillment of the publication requirements of Timken. Amended Final Results Because there is now a final court judgment, Commerce is amending its Final Results with respect to the subsidy rate assigned to Hyundai Steel as follows: Company Subsidy rate (percent ad valorem) Hyundai Steel Company 10 ... 0.50 Cash Deposit Requirements Because Hyundai Steel has a superseding cash deposit rate, i.e., there have been final results published in a subsequent administrative review, we will not issue revised cash deposit instructions to U.S. Customs and Border Protection (CBP). This notice will not affect the current cash deposit rate for Hyundai Steel. Liquidation of Suspended Entries At this time, Commerce remains enjoined by CIT order from liquidating entries that: were produced and/or exported by Hyundai Steel Co., Ltd., (a/ k/a Hyundai Steel Company or Hyundai Steel), and were entered, or withdrawn from warehouse, for consumption during the period January 1, 2018, through December 31, 2018. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process. In the event the CIT’s ruling is not appealed, or, if appealed, upheld by a final and conclusive court decision, Commerce intends to instruct CBP to assess countervailing duties on unliquidated entries of subject 8 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 9 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). 10 This company is also known as Hyundai Steel Co., Ltd. E:\FR\FM\05SEN1.SGM 05SEN1

Agencies

[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Notices]
[Pages 60636-60638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19021]


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

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; 2021-
2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that the single entity Wah Yuen Stationery Co. Ltd./Shandong 
Wah Yuen Stationery Co. Ltd. (Wah Yuen) is part of the China-wide 
entity, and continues to find that Tianjin Tonghe Stationery Co., Ltd. 
(Tianjin Tonghe) and Ningbo Homey Union Co., Ltd. (Ningbo Homey) are 
part of the China-wide entity. We invite interested parties to comment 
on these preliminary results.

DATES: Applicable September 5, 2023.

FOR FURTHER INFORMATION CONTACT: Katherine Johnson, 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) 482-4929.

SUPPLEMENTARY INFORMATION: 

Background

    On December 28, 1994, Commerce published in the Federal Register 
the antidumping duty order on certain cased pencils from the People's 
Republic of China (China).\1\ On December 1, 2022, Commerce published 
in the Federal Register a notice of opportunity to request an 
administrative review of the Order.\2\ Based on timely requests for 
review, in accordance with 351.221(c)(1)(i), Commerce published the 
initiation of this administrative review on February 2, 2023, with 
respect to three companies: Tianjin Tonghe, Ningbo Homey, and Wah 
Yuen.\3\ The period of review (POR) is December 1, 2021, through 
November 30, 2022. Accordingly, on February 3, 2023, Commerce released 
the U.S. Customs and Border Protection (CBP) data to all interested 
parties under an administrative protective order and requested comments 
regarding the data and respondent selection.\4\ We received no comments 
on the CBP data. Moreover, no party filed a claim of no shipments, or a 
separate rate application or certification, as appropriate, within the 
time period specified in the Initiation Notice.\5\
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order: Certain Cased Pencils from the 
People's Republic of China, 59 FR 66909 (December 28, 1994) (Order), 
see also Certain Cased Pencils from the People's Republic of China: 
Continuation of Antidumping Duty Order, 82 FR 41608 (September 1, 
2017).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 73752 (December 
1, 2022).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 7060 (February 2, 2023) (Initiation 
Notice). Commerce determined that Wah Yuen Stationery Co. Ltd. and 
Shandong Wah Yuen Stationery Co. Ltd. are affiliated, pursuant to 
section 771(33) of the Tariff Act of 1930, as amended (the Act), and 
should be treated as a single entity, pursuant to 19 CFR 351.401(f), 
in a prior administrative review. 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 Memorandum at 9-10, 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); see also Certain Cased Pencils from the 
People's Republic of China: Amended Final Results of Antidumping 
Duty New Shipper Review; 2014-2015, 81 FR 92784 (December 20, 2016) 
(Amended New Shipper Review). Because there is no record evidence 
indicating that Commerce should revisit this determination, we are 
continuing to treat these two companies as a single entity for 
purposes of this administrative review.
    \4\ See Memorandum, ``Release of Customers and Border Protection 
Data, dated February 3, 2023.
    \5\ See Initiation Notice, 88 FR 7060, 7061. As noted in the 
Initiation Notice, ``Exporters and producers must file a timely 
Separate Rate Application or Certification if they want to be 
considered for individual examination.''
---------------------------------------------------------------------------

Scope of the Order

    Imports covered by the Order are shipments of certain cased pencils 
of any shape or dimension (except as described below) which are writing 
and/or drawing instruments that feature cores of graphite or other 
materials, encased in wood and/or man-made materials, whether or not 
decorated and whether or not tipped (e.g., with erasers, etc.) in any 
fashion, and either sharpened or unsharpened. The pencils subject to 
the Order are currently classifiable under subheading 9609.10.00 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Specifically 
excluded from the scope of the Order are mechanical pencils, cosmetic 
pencils, pens, non-cased crayons (wax), pastels, charcoals, chalks, and 
pencils produced under U.S. patent number 6,217,242, from paper infused 
with scents by the means covered in the above-referenced patent, 
thereby having odors distinct from those that may emanate from pencils 
lacking the scent infusion. Also excluded from the scope of the Order 
are pencils with all of the following physical characteristics: (1) 
length: 13.5 or more inches; (2) sheath diameter: not less

[[Page 60637]]

than one-and-one quarter inches at any point (before sharpening); and 
(3) core length: not more than 15 percent of the length of the pencil.
    In addition, pencils with all of the following physical 
characteristics are excluded from the scope of the Order: novelty jumbo 
pencils that are octagonal in shape, approximately ten inches long, one 
inch in diameter before sharpening, and three-and-one eighth inches in 
circumference, composed of turned wood encasing one-and-one half inches 
of sharpened lead on one end and a rubber eraser on the other end.
    Although the HTSUS subheading is provided for convenience and 
customs purposes, the written description of the scope of the Order is 
dispositive.

China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\6\ Under this policy, the 
China-wide entity will not be reviewed 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, the entity is not 
under review, and the entity's rate of 114.90 percent is not subject to 
change.\7\
---------------------------------------------------------------------------

    \6\ 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 4, 2013).
    \7\ See, e.g., Certain Cased Pencils from the People's Republic 
of China: Preliminary Results of Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments; 2020-2021, 87 
FR 42998 (July 19, 2022), unchanged in Certain Cased Pencils from 
the People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2020-2021, 87 FR 54959 (September 8, 2022).
---------------------------------------------------------------------------

    In this review, Wah Yuen did not submit a separate rate 
certification that it continues to meet the criteria for obtaining a 
separate rate and neither Tianjin Tonghe nor Ningbo Homey submitted a 
separate rate application. Commerce considers all companies for which a 
review was requested, and which did not demonstrate separate rate 
eligibility, to be part of the China-wide entity.\8\ Accordingly, we 
preliminarily consider Wah Yuen, Tianjin Tonghe, and Ningbo Homey to be 
part of the China-wide entity.
---------------------------------------------------------------------------

    \8\ See Initiation Notice (``All firms listed below that wish to 
qualify for separate rate status in the administrative reviews 
involving NME countries must complete, as appropriate, either a 
separate rate application or certification, as described below.'')
---------------------------------------------------------------------------

Disclosure and Public Comment

    Normally, Commerce discloses the calculations used in its analysis 
to parties in a review 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, there are no calculations to 
disclose.
    Interested parties may submit case briefs no later than 30 days 
after the date of publication of these preliminary results of 
review.\9\ Rebuttal briefs may be filed no later than seven days after 
the written comments are filed, and all rebuttal comments must be 
limited to comments raised in the case briefs.\10\ Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), parties who submit case 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. Note that Commerce has temporarily modified 
certain of its requirements for serving documents containing business 
proprietary information, until further notice.\11\
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.309(c).
    \10\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 
(March 26, 2020) (``To provide adequate time for release of case 
briefs via ACCESS, E&C intends to schedule the due date for all 
rebuttal briefs to be 7 days after case briefs are filed (while 
these modifications remain in effect).'').
    \11\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    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 by 5:00 p.m. Eastern Time 
and filed electronically via ACCESS.\12\ Requests should contain the 
party's name, address, telephone number, the number of participants and 
whether any of those individuals is a foreign national, and a list of 
the issues to be discussed. Issues raised in the hearing will be 
limited to those raised in the respective case briefs. If a request for 
a hearing is made, we intend to hold the hearing at the date and time 
to be determined.\13\ Parties should confirm by telephone the date, 
time, and location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.310(c).
    \13\ Id.
---------------------------------------------------------------------------

    Unless the deadline is otherwise extended, we intend to issue the 
final results of this review, which will include the results of our 
analysis of the issues raised in any briefs, within 120 days of 
publication of these preliminary results in the Federal Register, 
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).

Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, antidumping (AD) duties on all appropriate entries 
covered by this review, in accordance with 19 CFR 351.212(b). If 
Commerce continues to find that Wah Yuen, Tianjin Tonghe, and Ningbo 
Homey are part of the China-wide entity in the final results, Commerce 
intends to instruct CBP to liquidate POR entries of subject merchandise 
from these companies at the China-wide rate. Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of the final results of this review. If a timely summons 
is filed at the U.S. Court of International Trade, the assessment 
instructions will direct CBP not to liquidate relevant entries until 
the time for parties to file a request for a statutory injunction has 
expired (i.e., within 90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided for by section 
751(a)(2)(C) of the Act: (1) for previously investigated or reviewed 
Chinese and non-Chinese exporters for which a review was not requested 
and 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; (2) 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 the rate for the China-wide entity; and 
(3) for all non-Chinese exporters of subject merchandise that 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 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) 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 in Commerce's presumption that reimbursement 
of AD duties occurred

[[Page 60638]]

and the subsequent assessment of double AD duties.

Notification to Interested Parties

    We are issuing and publishing the preliminary results of this 
administrative review in accordance with sections 751(a)(l) and 
777(i)(l) of the Act, and 19 CFR 351.213 and 19 CFR 351.221(b)(4).

    Dated: August 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-19021 Filed 9-1-23; 8:45 am]
BILLING CODE 3510-DS-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.