80 FR 10457 - Certain Cased Pencils From the People's Republic of China: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 38 (February 26, 2015)

Page Range		10457-10458
FR Document		2015-04081

The Department of Commerce (the Department) has received information sufficient to warrant initiation of a changed circumstances review of the antidumping duty order on certain cased pencils (pencils) from the People's Republic of China (PRC).\1\ Based upon the request, the Department is initiating a changed circumstances review (CCR) to determine whether pencils exported by Beijing FILA Dixon Stationery Co., Ltd.\2\ (Beijing Dixon) continue not to be subject to the Order. In response to the request, and pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), 19 CFR 351.216, and 19 CFR 351.221(c)(3), the Department preliminarily determines that Beijing Dixon, after the changed circumstances, is the successor-in-interest to Beijing Dixon at the time of the Revocation, such that the revocation of the antidumping duty order with respect to Beijing Dixon \3\ continues to apply to Beijing Dixon as currently structured. We invite interested parties to comment on these preliminary results. ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 38 (Thursday, February 26, 2015)

[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Notices]
[Pages 10457-10458]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04081]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-827]


Certain Cased Pencils From the People's Republic of China: Notice 
of Initiation and Preliminary Results of Antidumping Duty Changed 
Circumstances Review

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

SUMMARY: The Department of Commerce (the Department) has received 
information sufficient to warrant initiation of a changed circumstances 
review of the antidumping duty order on certain cased pencils (pencils) 
from the People's Republic of China (PRC).\1\ Based upon the request, 
the Department is initiating a changed circumstances review (CCR) to 
determine whether pencils exported by Beijing FILA Dixon Stationery 
Co., Ltd.\2\ (Beijing Dixon) continue not to be subject to the Order. 
In response to the request, and pursuant to section 751(b) of the 
Tariff Act of 1930, as amended (the Act), 19 CFR 351.216, and 19 CFR 
351.221(c)(3), the Department preliminarily determines that Beijing 
Dixon, after the changed circumstances, is the successor-in-interest to 
Beijing Dixon at the time of the Revocation, such that the revocation 
of the antidumping duty order with respect to Beijing Dixon \3\ 
continues to apply to Beijing Dixon as currently structured. We invite 
interested parties to comment on these preliminary results.
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order: Certain Cased Pencils From the 
People's Republic of China, 59 FR 66909 (December 28, 1994) (Order).
    \2\ A/k/a Beijing Dixon Ticonderoga Stationery Company, Ltd., 
and Beijing Dixon Stationery Company.
    \3\ See Certain Cased Pencils From the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review and 
Determination To Revoke Order In Part; 2010-2011, 78 FR 42932 (July 
18, 2013) (Revocation) and accompanying Issues and Decision 
Memorandum (IDM).

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DATES: Effective: February 26, 2015.

FOR FURTHER INFORMATION CONTACT: Sergio Balbontin, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-6478.

SUPPLEMENTARY INFORMATION: On December 28, 1994, the Department 
published the Order on pencils from the PRC.\4\ On July 18, 2013, the 
Department revoked the Order on pencils from the PRC with respect to 
pencils exported by Beijing Dixon.\5\
---------------------------------------------------------------------------

    \4\ See Order.
    \5\ See Revocation and accompanying IDM.
---------------------------------------------------------------------------

Background

    On November 27, 2014, pursuant to 19 CFR 351.216 and 19 CFR 
351.221, Beijing Dixon, and the Dixon Ticonderoga Company 
(Ticonderoga), Beijing Dixon's U.S. parent company, requested a CCR 
because Beijing Dixon's production of pencils is now performed by Fila 
Dixon Stationery (Kunshan) Co., Ltd. (Kunshan Dixon), a wholly-owned 
subsidiary of Beijing Dixon formed after the Revocation.\6\ Beijing 
Dixon and Dixon Ticonderoga requested that the Department ``confirm 
that {Kunshan Dixon{time}  is the same entity as (or successor-in-
interest to) Beijing Dixon.'' \7\ Beijing Dixon produced and exported 
pencils at the time of the Revocation. Beijing Dixon has since amended 
its business license and continues to function as the exporter of 
pencils, now produced by its subsidiary Kunshan Dixon.\8\ Based on 
these events since the Revocation, Ticonderoga and Beijing Dixon 
contend that Kunshan Dixon is the successor-in-interest to Beijing 
Dixon; as such, they request that the Department apply its 
determination to revoke the Order with respect to Beijing Dixon to 
pencils produced by Kunshan Dixon and exported by Beijing Dixon.
---------------------------------------------------------------------------

    \6\ See letter from Dixon, ``Request for Changed Circumstances 
Review pursuant to 19 CFR 351.216 on behalf of Dixon Ticonderoga 
Company'' dated November 27, 2014 at 4 (CCR Request) and refiled on 
December 10, 2014.
    \7\ Id. at 2.
    \8\ Id. at 5.
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Scope of the Order

    The merchandise subject to the order includes pencils from the PRC. 
Pencils are currently classifiable under Harmonized Tariff Schedule of 
the United States (HTSUS) subheading 9609.1010. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written product description is dispositive.\9\
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    \9\ For a complete description of the Scope of the Order, please 
see Memorandum to Paul Piquado, Assistant Secretary for Enforcement 
and Compliance, from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, ``Antidumping Duty 
Order on Certain Cased Pencils From the People's Republic of China: 
Decision Memorandum for Preliminary Results of Antidumping Duty 
Changed Circumstances Review Requested by the Dixon Ticonderoga 
Companies,'' dated concurrently with this notice (Preliminary 
Decision Memorandum).
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Methodology

    In making a successor-in-interest determination, the Department 
typically examines several factors including, but not limited to, 
changes in: (1) Management; (2) production facilities; (3) supplier 
relationships; and (4) customer base.\10\ While no single factor or 
combination of factors will necessarily be dispositive, the Department 
generally will consider the new company to be the successor to the 
predecessor if the resulting operations of the successor are not 
materially dissimilar to that of its predecessor.\11\

[[Page 10458]]

Thus, if the record demonstrates that, with respect to the production 
and sale of the subject merchandise, the new company operates as the 
same business entity as the predecessor company, the Department may 
assign the new company the cash deposit rate of its predecessor.\12\ 
For a full description of the methodology underlying our conclusions, 
see the Preliminary Decision Memorandum. A list of topics discussed in 
the Preliminary Decision Memorandum is included as Appendix I of this 
notice.
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    \10\ See, e.g., Certain Activated Carbon From the People's 
Republic of China: Notice of Initiation of Changed Circumstances 
Review, 74 FR 19934, 19935 (April 30, 2009).
    \11\ See, e.g., Notice of Initiation of Antidumping Duty Changed 
Circumstances Review: Certain Forged Stainless Steel Flanges from 
India, 71 FR 327, 327 (January 4, 2006).
    \12\ See, e.g., Fresh and Chilled Atlantic Salmon From Norway; 
Final Results of Changed Circumstances Antidumping Duty 
Administrative Review, 64 FR 9979, 9980 (March 1, 1999).
---------------------------------------------------------------------------

Initiation and Preliminary Results of the Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), the 
Department will conduct a CCR upon receipt of a request from an 
interested party or receipt of information concerning an antidumping 
duty order which shows changed circumstances sufficient to warrant a 
review of the order. Section 351.221(c)(3)(ii) of the Department's 
regulations permits the Department to combine the initiation and 
preliminary results of a CCR if the Department concludes that expedited 
action is warranted. In this instance, we have information on the 
record necessary to reach the preliminary results of CCR. As such, we 
find that expedited action is warranted. Accordingly, we have combined 
the preliminary results with the initiation.
    We preliminarily determine that Beijing Dixon, under its new 
business license, (i.e., Beijing Dixon is now registered as an 
exporter, and it exports pencils produced by Kunshan Dixon), is the 
successor-in-interest to Beijing Dixon for the purposes of 
administering the Order and it revocation with respect to Beijing 
Dixon. The Preliminary Decision Memorandum provides a full description 
of the analysis underlying our conclusions.

Public Comment

    Interested parties are invited to comment on these preliminary 
results in accordance with 19 CFR 351.309(c)(1)(ii). Pursuant to 19 CFR 
351.310(c), any interested party may request a hearing within 30 days 
of publication of this notice. Parties will be notified of the time and 
date of any hearing, if requested. Pursuant to 19 CFR 
351.309(c)(1)(ii), interested parties may submit case briefs and/or 
written comments not later than 30 days after the publication of this 
notice. Rebuttal briefs, and rebuttals to written comments, which must 
be limited to issues raised in such briefs or comments, may be filed 
not later than 5 days after the date of publication of this notice. 
Parties who submit case briefs or rebuttal briefs in this CCR are 
requested to submit with each argument: (1) A statement of the issue; 
and (2) a brief summary of the argument; and (3) a table of 
authorities. Interested parties who wish to comment on the preliminary 
results must file briefs electronically using ACCESS. An 
electronically-filed document must be received successfully in its 
entirety by the Department's electronic records system, ACCESS, by 5 
p.m. Eastern Time on the date the document is due.
    In accordance with 19 CFR 351.216(e), the Department intends to 
issue the final results of this changed circumstance review not later 
than 270 days after the date on which the review is initiated, or 
within 45 days if all parties agree to our preliminary finding.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(b) and 777(i)(1) of the Act, and 19 CFR 351.216 and 
351.221(c)(3)(ii).

    Dated: February 18, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Successor-in-Interest Analysis
    a. Analytical Framework
    b. Relevant Facts
    i. Management
    ii. Production Facilities
    iii. Customer Base
    iv. Suppliers
    c. Analysis
    i. Time Period
    ii. Successorship Analysis
    1. Management
    2. Production Facilities
    3. Customer Base
     Suppliers
5. Recommendation

[FR Doc. 2015-04081 Filed 2-25-15; 8:45 am]
BILLING CODE 3510-DS-P

Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Notices 10457

was submitted pursuant to the review of the antidumping duty order Dixon Ticonderoga requested that the
provisions of the Foreign-Trade Zones on certain cased pencils (pencils) from Department ‘‘confirm that {Kunshan
Act, as amended (19 U.S.C. 81a–81u), the People’s Republic of China (PRC).1 Dixon} is the same entity as (or
and the regulations of the Board (15 CFR Based upon the request, the Department successor-in-interest to) Beijing
part 400). It was formally docketed on is initiating a changed circumstances Dixon.’’ 7 Beijing Dixon produced and
February 20, 2015. review (CCR) to determine whether exported pencils at the time of the
The proposed subzone (3.9090 acres) pencils exported by Beijing FILA Dixon Revocation. Beijing Dixon has since
is located at Road #5, Marginal Street, Stationery Co., Ltd.2 (Beijing Dixon) amended its business license and
Luchetti Industrial Park, Bo. Juan continue not to be subject to the Order. continues to function as the exporter of
Sanchez, Bayamon. The proposed In response to the request, and pursuant pencils, now produced by its subsidiary
subzone would be subject to the existing to section 751(b) of the Tariff Act of Kunshan Dixon.8 Based on these events
activation limit of FTZ 61. No 1930, as amended (the Act), 19 CFR since the Revocation, Ticonderoga and
authorization for production activity has 351.216, and 19 CFR 351.221(c)(3), the Beijing Dixon contend that Kunshan
been requested at this time. Department preliminarily determines Dixon is the successor-in-interest to
In accordance with the Board’s that Beijing Dixon, after the changed Beijing Dixon; as such, they request that
regulations, Camille Evans of the FTZ circumstances, is the successor-in- the Department apply its determination
Staff is designated examiner to review interest to Beijing Dixon at the time of to revoke the Order with respect to
the application and make the Revocation, such that the revocation Beijing Dixon to pencils produced by
recommendations to the Executive of the antidumping duty order with Kunshan Dixon and exported by Beijing
Secretary. respect to Beijing Dixon 3 continues to Dixon.
Public comment is invited from apply to Beijing Dixon as currently Scope of the Order
interested parties. Submissions shall be structured. We invite interested parties
addressed to the Board’s Executive to comment on these preliminary The merchandise subject to the order
Secretary at the address below. The results. includes pencils from the PRC. Pencils
closing period for their receipt is April DATES: Effective: February 26, 2015. are currently classifiable under
7, 2015. Rebuttal comments in response Harmonized Tariff Schedule of the
FOR FURTHER INFORMATION CONTACT:
to material submitted during the United States (HTSUS) subheading
Sergio Balbontin, AD/CVD Operations,
foregoing period may be submitted 9609.1010. Although the HTSUS
Office I, Enforcement and Compliance,
during the subsequent 15-day period to subheadings are provided for
International Trade Administration,
April 22, 2015. convenience and customs purposes, the
Department of Commerce, 14th Street
A copy of the application will be written product description is
and Constitution Avenue NW.,
available for public inspection at the dispositive.9
Washington, DC 20230; telephone: (202)
Office of the Executive Secretary, 482–6478. Methodology
Foreign-Trade Zones Board, Room SUPPLEMENTARY INFORMATION: On In making a successor-in-interest
21013, U.S. Department of Commerce, December 28, 1994, the Department determination, the Department typically
1401 Constitution Avenue NW., published the Order on pencils from the examines several factors including, but
Washington, DC 20230–0002, and in the PRC.4 On July 18, 2013, the Department not limited to, changes in: (1)
‘‘Reading Room’’ section of the Board’s revoked the Order on pencils from the Management; (2) production facilities;
Web site, which is accessible via PRC with respect to pencils exported by (3) supplier relationships; and (4)
www.trade.gov/ftz. For further Beijing Dixon.5 customer base.10 While no single factor
information, contact Camille Evans at
Background or combination of factors will
Camille.Evans@trade.gov or (202) 482–
necessarily be dispositive, the
2350. On November 27, 2014, pursuant to Department generally will consider the
Dated: February 20, 2015. 19 CFR 351.216 and 19 CFR 351.221, new company to be the successor to the
Andrew McGilvray, Beijing Dixon, and the Dixon predecessor if the resulting operations
Executive Secretary. Ticonderoga Company (Ticonderoga), of the successor are not materially
Beijing Dixon’s U.S. parent company, dissimilar to that of its predecessor.11
[FR Doc. 2015–04070 Filed 2–25–15; 8:45 am]
requested a CCR because Beijing Dixon’s
BILLING CODE 3510–DS–P
production of pencils is now performed November 27, 2014 at 4 (CCR Request) and refiled
by Fila Dixon Stationery (Kunshan) Co., on December 10, 2014.
DEPARTMENT OF COMMERCE Ltd. (Kunshan Dixon), a wholly-owned 7 Id. at 2.

subsidiary of Beijing Dixon formed after 8 Id. at 5.
9 For a complete description of the Scope of the
International Trade Administration the Revocation.6 Beijing Dixon and
Order, please see Memorandum to Paul Piquado,
[A–570–827] 1 See Antidumping Duty Order: Certain Cased
Assistant Secretary for Enforcement and
Compliance, from Christian Marsh, Deputy
Pencils From the People’s Republic of China, 59 FR Assistant Secretary for Antidumping and
Certain Cased Pencils From the 66909 (December 28, 1994) (Order). Countervailing Duty Operations, ‘‘Antidumping
People’s Republic of China: Notice of 2 A/k/a Beijing Dixon Ticonderoga Stationery
Duty Order on Certain Cased Pencils From the
Initiation and Preliminary Results of Company, Ltd., and Beijing Dixon Stationery People’s Republic of China: Decision Memorandum
Company. for Preliminary Results of Antidumping Duty
Antidumping Duty Changed 3 See Certain Cased Pencils From the People’s
Changed Circumstances Review Requested by the
Circumstances Review Republic of China: Final Results of Antidumping Dixon Ticonderoga Companies,’’ dated concurrently
Duty Administrative Review and Determination To
rmajette on DSK2VPTVN1PROD with NOTICES

with this notice (Preliminary Decision
AGENCY: Enforcement and Compliance, Revoke Order In Part; 2010–2011, 78 FR 42932 (July Memorandum).
International Trade Administration, 18, 2013) (Revocation) and accompanying Issues 10 See, e.g., Certain Activated Carbon From the

Department of Commerce. and Decision Memorandum (IDM). People’s Republic of China: Notice of Initiation of
4 See Order.
SUMMARY: The Department of Commerce Changed Circumstances Review, 74 FR 19934,
5 See Revocation and accompanying IDM. 19935 (April 30, 2009).
(the Department) has received 6 See letter from Dixon, ‘‘Request for Changed 11 See, e.g., Notice of Initiation of Antidumping
information sufficient to warrant Circumstances Review pursuant to 19 CFR 351.216 Duty Changed Circumstances Review: Certain
initiation of a changed circumstances on behalf of Dixon Ticonderoga Company’’ dated Continued

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10458 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Notices

Thus, if the record demonstrates that, the publication of this notice. Rebuttal DEPARTMENT OF COMMERCE
with respect to the production and sale briefs, and rebuttals to written
of the subject merchandise, the new comments, which must be limited to National Oceanic and Atmospheric
company operates as the same business issues raised in such briefs or Administration
entity as the predecessor company, the comments, may be filed not later than RIN 0648–XD784
Department may assign the new 5 days after the date of publication of
company the cash deposit rate of its this notice. Parties who submit case Fisheries of the Northeastern United
predecessor.12 For a full description of briefs or rebuttal briefs in this CCR are States; Atlantic Herring Fishery; Notice
the methodology underlying our requested to submit with each of Intent To Prepare an Environmental
conclusions, see the Preliminary Impact Statement; Scoping Process;
argument: (1) A statement of the issue;
Decision Memorandum. A list of topics Request for Comments
and (2) a brief summary of the
discussed in the Preliminary Decision
Memorandum is included as Appendix argument; and (3) a table of authorities. AGENCY: National Marine Fisheries
I of this notice. Interested parties who wish to comment Service (NMFS), National Oceanic and
on the preliminary results must file Atmospheric Administration (NOAA),
Initiation and Preliminary Results of briefs electronically using ACCESS. An Commerce.
the Changed Circumstances Review electronically-filed document must be ACTION: Notice; intent to prepare an
Pursuant to section 751(b)(1) of the received successfully in its entirety by environmental impact statement and
Act and 19 CFR 351.216(d), the the Department’s electronic records initiate scoping process; request for
Department will conduct a CCR upon system, ACCESS, by 5 p.m. Eastern comments.
receipt of a request from an interested Time on the date the document is due.
party or receipt of information SUMMARY: The New England Fishery
In accordance with 19 CFR Management Council announces its
concerning an antidumping duty order
351.216(e), the Department intends to intention to prepare, in cooperation
which shows changed circumstances
sufficient to warrant a review of the issue the final results of this changed with NMFS, an environmental impact
order. Section 351.221(c)(3)(ii) of the circumstance review not later than 270 statement in accordance with the
Department’s regulations permits the days after the date on which the review National Environmental Policy Act. An
Department to combine the initiation is initiated, or within 45 days if all environmental impact statement may be
and preliminary results of a CCR if the parties agree to our preliminary finding. necessary to provide analytical support
Department concludes that expedited for Amendment 8 to the Atlantic
Notification to Interested Parties Herring Fishery Management Plan.
action is warranted. In this instance, we
have information on the record Amendment 8 would specify a long-
This notice is issued and published in
necessary to reach the preliminary term acceptable biological catch control
accordance with sections 751(b) and
results of CCR. As such, we find that rule for the herring fishery and consider
777(i)(1) of the Act, and 19 CFR 351.216
expedited action is warranted. acceptable biological catch control rule
and 351.221(c)(3)(ii). alternatives that account for herring’s
Accordingly, we have combined the
preliminary results with the initiation. Dated: February 18, 2015. role in the ecosystem. This notice is to
We preliminarily determine that Paul Piquado, alert the interested public of the scoping
Beijing Dixon, under its new business Assistant Secretary for Enforcement and process and potential development of a
license, (i.e., Beijing Dixon is now Compliance. draft environmental impact statement
registered as an exporter, and it exports and to outline opportunity for public
pencils produced by Kunshan Dixon), is Appendix I participation in that process.
the successor-in-interest to Beijing List of Topics Discussed in the Preliminary DATES: Written and electronic scoping
Dixon for the purposes of administering Decision Memorandum comments must be received on or before
the Order and it revocation with respect 1. Summary
5 p.m., local time, April 30, 2015.
to Beijing Dixon. The Preliminary 2. Background ADDRESSES: Written scoping comments
Decision Memorandum provides a full 3. Scope of the Order on Amendment 8 may be sent by any of
description of the analysis underlying 4. Successor-in-Interest Analysis the following methods:
our conclusions. a. Analytical Framework • Email to the following address:
b. Relevant Facts comments@nefmc.org;
Public Comment • Mail to Thomas A. Nies, Executive
i. Management
Interested parties are invited to ii. Production Facilities Director, New England Fishery
comment on these preliminary results in iii. Customer Base Management Council, 50 Water Street,
accordance with 19 CFR iv. Suppliers Mill 2, Newburyport, MA 01950; or
351.309(c)(1)(ii). Pursuant to 19 CFR c. Analysis • Fax to (978) 465–3116.
351.310(c), any interested party may i. Time Period
Requests for copies of the
request a hearing within 30 days of ii. Successorship Analysis Amendment 8 scoping document and
publication of this notice. Parties will be 1. Management other information should be directed to
notified of the time and date of any 2. Production Facilities Thomas A. Nies, Executive Director,
hearing, if requested. Pursuant to 19 3. Customer Base New England Fishery Management
CFR 351.309(c)(1)(ii), interested parties Suppliers Council, 50 Water Street, Mill 2,
may submit case briefs and/or written 5. Recommendation Newburyport, MA 01950, telephone
rmajette on DSK2VPTVN1PROD with NOTICES

comments not later than 30 days after (978) 465–0492. The scoping document
[FR Doc. 2015–04081 Filed 2–25–15; 8:45 am]
is accessible electronically via the
BILLING CODE 3510–DS–P
Forged Stainless Steel Flanges from India, 71 FR Internet at http://www.nefmc.org.
327, 327 (January 4, 2006). FOR FURTHER INFORMATION CONTACT:
12 See, e.g., Fresh and Chilled Atlantic Salmon

From Norway; Final Results of Changed
Thomas A. Nies, Executive Director,
Circumstances Antidumping Duty Administrative New England Fishery Management
Review, 64 FR 9979, 9980 (March 1, 1999). Council, (978) 465–0492.

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Document Created: 2015-12-18 13:05:49
Document Modified: 2015-12-18 13:05:49

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Dates		Effective: February 26, 2015.
Contact		Sergio Balbontin, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6478.
FR Citation		80 FR 10457

80 FR 10457 - Certain Cased Pencils From the People's Republic of China: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 80, Issue 38 (February 26, 2015)

DEPARTMENT OF COMMERCE
International Trade Administration