80 FR 19073 - Certain Cased Pencils From the People's Republic of China: Final Results of Antidumping Duty Changed Circumstances Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 68 (April 9, 2015)
International Trade Administration
Federal Register Volume 80, Issue 68 (April 9, 2015)
| Page Range | 19073-19074 | |
| FR Document | 2015-08221 |
[Federal Register Volume 80, Number 68 (Thursday, April 9, 2015)] [Notices] [Pages 19073-19074] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-08221] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-827] Certain Cased Pencils From the People's Republic of China: Final Results of Antidumping Duty Changed Circumstances Review AGENCY: Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: On February 26, 2015, the Department of Commerce (the Department) published the notice of initiation and the preliminary results of the changed circumstances review (CCR) of the antidumping duty order on certain cased pencils (pencils) from the People's Republic of China (PRC), in which the Department preliminarily determined that Beijing FILA Dixon Stationery Co., Ltd.\1\ (Beijing Dixon), as currently structured under its new business license, is the successor-in-interest to Beijing Dixon.\2\ For these final results, the Department continues to find that Beijing Dixon is the successor-in- interest to Beijing Dixon as that entity existed at the time the Department revoked the order \3\ with respect to Beijing Dixon.\4\ Accordingly, the Revocation of the antidumping duty Order with respect to Beijing Dixon continues to apply to Beijing Dixon as currenly structured. --------------------------------------------------------------------------- \1\ A/k/a Beijing Dixon Ticonderoga Stationery Company, Ltd., and Beijing Dixon Stationery Company. \2\ See Certain Cased Pencils from the People's Republic of China: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 80 FR 10457 (February 26, 2015) (Preliminary Results) and accompanying memorandum, ``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 February 18, 2015 (Preliminary Decision Memorandum). \3\ See Antidumping Duty Order: Certain Cased Pencils from the People's Republic of China, 59 FR 66909 (December 28, 1994) (Order). \4\ 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). DATES: Effective: April 9, 2015. [[Page 19074]] 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: Background On December 28, 1994, the Department published the Order on pencils from the PRC.\5\ On July 18, 2013, the Department revoked the Order on pencils from the PRC with respect to pencils exported by Beijing Dixon.\6\ --------------------------------------------------------------------------- \5\ See Order. \6\ See Revocation and accompanying IDM. --------------------------------------------------------------------------- On November 27, 2014, Beijing Dixon requsted that the Department conduct a CCR pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), 19 CFR 351.216(b), and 19 CFR 351.221, to determine whether it is the successor-in-interest to Beijing Dixon for purposes of the Order.\7\ On February 26, 2015, the Department concurrently initiated and published the Preliminary Results of the CCR of the antidumping duty Order on pencils exported by Beijing Dixon.\8\ We invited comments from interested parties, but no party commented on the Preliminary Results or requested a hearing. This CCR is being conducted in accordance with section pursuant to section 751(b) of the Act, 19 CFR 351.216, and 19 CFR 351.221(c)(3). --------------------------------------------------------------------------- \7\ See letter from Beijing Dixon to the Department dated November 27, 2014, ``Request for Changed Circumstances Review pursuant to 19 CFR 351.216 on behalf of Dixon Ticonderoga Company.'' \8\ See Prelilminary Results and Preliminary Decision Memorandum. --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \9\ For a complete description of the scope of the Order, see Preliminary Decision Memorandum at 4. --------------------------------------------------------------------------- Final Results of Changed Circumstances Review Because no interested parties submitted comments on the Department's Preliminary Results, and because there is no other information or evidence on the record that calls into question the Preliminary Results, the Department adopts the reasoning and findings of fact outlined in the Prelilminary Results and Preliminary Decision Memorandum, and determines that Beijing Dixon is the successor-in- interest to Beijing Dixon at the time of the Revocation.\10\ --------------------------------------------------------------------------- \10\ See Preliminary Results, 80 FR at 10457. --------------------------------------------------------------------------- Application of the Revocation of the Order As explained in the Preliminary Resuts and the Preliminary Decision Memorandum, the Revocation of the antidumping duty Order with respect to Beijing Dixon, as that entity existed at the time of Revocation, continues to apply to Beijing Dixon as currenly structured. Instructions to U.S. Customs and Border Protection As a result of this determination, the Department finds that entries of subject merchandise exported by Beijing Dixon as currently structured should receive the same antidumping duty treatment with respect to cased pencils as its predecessor-in-interest. Accordingly, the Department will continue to instruct U.S. Customs and Border Protection to liquidate entries for Beijing Dixon without regard to antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. See 19 CFR 351.305(a)(3). Failure to comply with the regulations and the terms of an APO is a sanctionable violation. See 19 CFR part 354. These final results of administrative review are issued and published in accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 351.216(e). Dated: April 3, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-08221 Filed 4-8-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Notices 19073
written briefs, within 120 days after the in this review but covered in a prior Cost of Production Analysis
date of publication of this notice, unless segment of the proceeding, the cash Level of Trade Analysis
extended, pursuant to section deposit rate will continue to be the CEP Offset
Calculation of Normal Value Based on
751(a)(3)(A) of the Act. company-specific rate published for the Constructed Value
most recent period in which the Currency Conversion
Assessment Rates
manufacturer or exporter participated; Conclusion
Upon completion of the (3) if the exporter is not a firm covered [FR Doc. 2015–08210 Filed 4–8–15; 8:45 am]
administrative review, the Department in this review, a prior review, or the
shall determine and U.S. Customs and BILLING CODE 3510–DS–P
original less-than-fair-value
Border Protection (CBP) shall assess, investigation but the manufacturer is,
antidumping duties on all appropriate the cash deposit rate will be the rate DEPARTMENT OF COMMERCE
entries. If CP Kelco’s weighted-average established for the most recent period
dumping margin is above de minimis in for the manufacturer of the International Trade Administration
the final results of this review, we will merchandise; and (4) the cash deposit
calculate an importer-specific [A–570–827]
rate for all other manufacturers or
assessment rate on the basis of the ratio exporters will continue to be 6.65
of the total amount of antidumping Certain Cased Pencils From the
percent, the all-others rate established People’s Republic of China: Final
duties calculated for the importer’s in the less-than-fair-value
examined sales and the total entered Results of Antidumping Duty Changed
investigation.9 These cash deposit Circumstances Review
value of such sales in accordance with requirements, when imposed, shall
19 CFR 351.212(b)(1). If CP Kelco’s remain in effect until further notice. AGENCY: Enforcement and Compliance,
weighted-average dumping margin is International Trade Administration,
zero or de minimis in the final results Notification to Importers Commerce.
of review, or an importer-specific rate is This notice also serves as a SUMMARY: On February 26, 2015, the
zero or de minimis, we will instruct CBP preliminary reminder to importers of Department of Commerce (the
to liquidate the appropriate entries their responsibility under 19 CFR Department) published the notice of
without regard to dumping margins.7 351.402(f)(2) to file a certificate initiation and the preliminary results of
The Department clarified its regarding the reimbursement of the changed circumstances review
‘‘automatic assessment’’ regulation on antidumping duties prior to liquidation (CCR) of the antidumping duty order on
May 6, 2003.8 This clarification will of the relevant entries during this certain cased pencils (pencils) from the
apply to entries of subject merchandise review period. Failure to comply with People’s Republic of China (PRC), in
during the POR produced by CP Kelco this requirement could result in the which the Department preliminarily
for which it did not know its Department’s presumption that determined that Beijing FILA Dixon
merchandise was destined for the reimbursement of antidumping duties Stationery Co., Ltd.1 (Beijing Dixon), as
United States. In such instances, we will occurred and the subsequent assessment currently structured under its new
instruct CBP to liquidate un-reviewed of double antidumping duties. business license, is the successor-in-
entries at the all-others rate if there is no We are issuing and publishing these interest to Beijing Dixon.2 For these
rate for the intermediate company(ies) results in accordance with sections final results, the Department continues
involved in the transaction. 751(a)(1) and 777(i)(1) of the Act. to find that Beijing Dixon is the
We intend to issue instructions to successor-in-interest to Beijing Dixon as
CBP 15 days after publication of the Dated: April 2, 2015.
that entity existed at the time the
final results of this review. Paul Piquado,
Department revoked the order 3 with
Assistant Secretary for Enforcement & respect to Beijing Dixon.4 Accordingly,
Cash Deposit Requirements Compliance. the Revocation of the antidumping duty
The following deposit requirements Order with respect to Beijing Dixon
Appendix I
will be effective upon publication of the continues to apply to Beijing Dixon as
notice of final results of administrative List of Topics Discussed in the Preliminary
Decision Memorandum currenly structured.
review for all shipments of subject
DATES: Effective: April 9, 2015.
merchandise entered, or withdrawn Summary
from warehouse, for consumption on or Background
1 A/k/a Beijing Dixon Ticonderoga Stationery
after the date of publication as provided Scope of The Order
Methodology Company, Ltd., and Beijing Dixon Stationery
by section 751(a)(2) of the Act: (1) The Company.
Fair Value Comparisons
cash deposit rate for CP Kelco Oy will Product Comparisons
2 See Certain Cased Pencils from the People’s
be the rate established in the final Republic of China: Notice of Initiation and
Determination of Comparison Margins Preliminary Results of Antidumping Duty Changed
results of this administrative review Results of Differential Pricing Analysis Circumstances Review, 80 FR 10457 (February 26,
except if the rate is de minimis within Date of Sale 2015) (Preliminary Results) and accompanying
the meaning of 19 CFR 351.106(c)(1), in U.S. Price memorandum, ‘‘Antidumping Duty Order on
which case the cash deposit rate will be Export Price Certain Cased Pencils from the People’s Republic of
Constructed Export Price China: Decision Memorandum for Preliminary
zero; (2) for merchandise exported by Results of Antidumping Duty Changed
manufacturers or exporters not covered U.S. Sample Sales
Normal Value Circumstances Review Requested by the Dixon
Home Market Viability as Comparison Ticonderoga Companies’’ dated February 18, 2015
7 See Antidumping Proceedings: Calculation of (Preliminary Decision Memorandum).
Market
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the Weighted-Average Dumping Margin and 3 See Antidumping Duty Order: Certain Cased
Calculation of NV Based On Comparison
Assessment Rate in Certain Antidumping Pencils from the People’s Republic of China, 59 FR
Proceedings: Final Modification, 77 FR 8101, 8102 Market Prices 66909 (December 28, 1994) (Order).
(February 14, 2012) (Final Modification for Home Market Sample Sales 4 See Certain Cased Pencils From the People’s
Reviews). Republic of China: Final Results of Antidumping
8 For a full discussion of this clarification, see 9 See Notice of Antidumping Duty Orders: Duty Administrative Review and Determination To
Antidumping and Countervailing Duty Proceedings: Purified Carboxymethylcellulose from Finland, Revoke Order In Part; 2010–2011, 78 FR 42932 (July
Assessment of Antidumping Duties, 68 FR 23954 Mexico, the Netherlands and Sweden, 70 FR 39734 18, 2013) (Revocation) and accompanying issues
(May 6, 2003). (July 11, 2005). and decision memorandum (IDM).
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![19074 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Notices
FOR FURTHER INFORMATION CONTACT: Prelilminary Results and Preliminary DEPARTMENT OF COMMERCE
Sergio Balbontin, AD/CVD Operations, Decision Memorandum, and determines
Office I, Enforcement and Compliance, that Beijing Dixon is the successor-in- National Oceanic and Atmospheric
International Trade Administration, interest to Beijing Dixon at the time of Administration
Department of Commerce, 14th Street the Revocation.10
and Constitution Avenue NW., Proposed Information Collection;
Washington, DC 20230; telephone: (202) Application of the Revocation of the Comment Request; Pacific Islands
482–6478. Order Region Coral Reef Ecosystems Permit
Form
SUPPLEMENTARY INFORMATION: As explained in the Preliminary
Background Resuts and the Preliminary Decision AGENCY: National Oceanic and
Memorandum, the Revocation of the Atmospheric Administration (NOAA),
On December 28, 1994, the Commerce.
Department published the Order on antidumping duty Order with respect to
Beijing Dixon, as that entity existed at ACTION: Notice.
pencils from the PRC.5 On July 18, 2013,
the Department revoked the Order on the time of Revocation, continues to SUMMARY: The Department of
pencils from the PRC with respect to apply to Beijing Dixon as currenly Commerce, as part of its continuing
pencils exported by Beijing Dixon.6 structured. effort to reduce paperwork and
On November 27, 2014, Beijing Dixon Instructions to U.S. Customs and respondent burden, invites the general
requsted that the Department conduct a public and other Federal agencies to
Border Protection
CCR pursuant to section 751(b)(1) of the take this opportunity to comment on
Tariff Act of 1930, as amended (the Act), As a result of this determination, the proposed and/or continuing information
19 CFR 351.216(b), and 19 CFR 351.221, Department finds that entries of subject collections, as required by the
to determine whether it is the successor- merchandise exported by Beijing Dixon Paperwork Reduction Act of 1995.
in-interest to Beijing Dixon for purposes as currently structured should receive DATES: Written comments must be
of the Order.7 On February 26, 2015, the the same antidumping duty treatment submitted on or before June 8, 2015.
Department concurrently initiated and with respect to cased pencils as its ADDRESSES: Direct all written comments
published the Preliminary Results of the predecessor-in-interest. Accordingly, to Jennifer Jessup, Departmental
CCR of the antidumping duty Order on Paperwork Clearance Officer,
the Department will continue to instruct
pencils exported by Beijing Dixon.8 We Department of Commerce, Room 6616,
U.S. Customs and Border Protection to
invited comments from interested 14th and Constitution Avenue NW.,
liquidate entries for Beijing Dixon
parties, but no party commented on the Washington, DC 20230 (or via the
Preliminary Results or requested a without regard to antidumping duties.
Internet at JJessup@doc.gov).
hearing. This CCR is being conducted in Administrative Protective Order FOR FURTHER INFORMATION CONTACT:
accordance with section pursuant to Requests for additional information or
section 751(b) of the Act, 19 CFR This notice also serves as a reminder
copies of the information collection
351.216, and 19 CFR 351.221(c)(3). to parties subject to an administrative
instrument and instructions should be
protective order (APO) of their directed to Walter Ikehara, (808) 725–
Scope of the Order
responsibility concerning the return or 5175 or Walter.Ikehara@noaa.gov.
The merchandise subject to the order destruction of proprietary information
includes pencils from the PRC. Pencils SUPPLEMENTARY INFORMATION:
disclosed under APO in accordance
are currently classifiable under with 19 CFR 351.305, which continues I. Abstract
Harmonized Tariff Schedule of the to govern business proprietary This request is for extension of a
United States (HTSUS) subheading information in this segment of the current information collection.
9609.1010. Although the HTSUS proceeding. Timely written notification National Marine Fisheries Service
subheadings are provided for of the return or destruction of APO (NMFS) requires, as codified under 50
convenience and customs purposes, the CFR part 665, any person (1) fishing for,
materials, or conversion to judicial
written product description is taking, retaining, or using a vessel to
protective order, is hereby requested.
dispositive.9 fish for Western Pacific coral reef
See 19 CFR 351.305(a)(3). Failure to
Final Results of Changed comply with the regulations and the ecosystem management unit species in
Circumstances Review terms of an APO is a sanctionable the designated low-use Marine
violation. See 19 CFR part 354. Protected Areas, (2) fishing for any of
Because no interested parties
these species using gear not specifically
submitted comments on the These final results of administrative allowed in the regulations, or (3) fishing
Department’s Preliminary Results, and review are issued and published in for, taking, or retaining any Potentially
because there is no other information or accordance with sections 751(b)(1) and Harvested Coral Reef Taxa in the coral
evidence on the record that calls into 777(i) of the Act and 19 CFR 351.216(e). reef ecosystem regulatory area, to obtain
question the Preliminary Results, the
Dated: April 3, 2015. and carry a permit. A receiving vessel
Department adopts the reasoning and
Paul Piquado, owner must also have a transshipment
findings of fact outlined in the
Assistant Secretary for Enforcement and
permit for at-sea transshipment of coral
5 See Order. Compliance. reef ecosystem management unit
species. The permit application form
Rmajette on DSK2VPTVN1PROD with NOTICES
6 See Revocation and accompanying IDM. [FR Doc. 2015–08221 Filed 4–8–15; 8:45 am]
7 See letter from Beijing Dixon to the Department provides basic information about the
BILLING CODE 3510–DS–P
dated November 27, 2014, ‘‘Request for Changed permit applicant, vessel, fishing gear
Circumstances Review pursuant to 19 CFR 351.216 and method, target species, projected
on behalf of Dixon Ticonderoga Company.’’
8 See Prelilminary Results and Preliminary
fishing effort, etc., for use by NMFS and
Decision Memorandum. the Western Pacific Fishery
9 For a complete description of the scope of the Management Council in determining
Order, see Preliminary Decision Memorandum at 4. 10 See Preliminary Results, 80 FR at 10457. eligibility for permit issuance. The
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Document Created: 2015-12-18 11:23:49
Document Modified: 2015-12-18 11:23:49
| 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: April 9, 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 19073 |
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