80_FR_26987 80 FR 26897 - Certain Cased Pencils From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2012-2013

80 FR 26897 - Certain Cased Pencils From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2012-2013

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 90 (May 11, 2015)

Page Range26897-26898
FR Document2015-10622

On December 31, 2014, the Department of Commerce (the Department) published the preliminary results and partial rescission of the administrative review of the antidumping duty order on certain cased pencils (pencils) from the People's Republic of China (PRC). We gave interested parties an opportunity to comment on the preliminary results in a notice. The period of review (POR) is December 1, 2012, through November 30, 2013. This review covers one exporter of subject merchandise, Shandong Rongxin Import & Export Co., Ltd. (Rongxin). For the final results, we continue to find that Rongxin is not eligible for a separate rate, and, thus, remains part of the PRC-wide entity.

Federal Register, Volume 80 Issue 90 (Monday, May 11, 2015) 
[Federal Register Volume 80, Number 90 (Monday, May 11, 2015)]
[Notices]
[Pages 26897-26898]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10622]



[[Page 26897]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-827]


Certain Cased Pencils From the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review; 2012-2013

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

SUMMARY: On December 31, 2014, the Department of Commerce (the 
Department) published the preliminary results and partial rescission of 
the administrative review of the antidumping duty order on certain 
cased pencils (pencils) from the People's Republic of China (PRC). We 
gave interested parties an opportunity to comment on the preliminary 
results in a notice. The period of review (POR) is December 1, 2012, 
through November 30, 2013. This review covers one exporter of subject 
merchandise, Shandong Rongxin Import & Export Co., Ltd. (Rongxin). For 
the final results, we continue to find that Rongxin is not eligible for 
a separate rate, and, thus, remains part of the PRC-wide entity.

DATES: Effective: May 11, 2015.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg or 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-
1785, (202) 482-6478, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 31, 2014, the Department published the preliminary 
results and partial rescission of the administrative review of the 
antidumping duty order on pencils from the PRC.\1\ Between February 2, 
2015, and February 4, 2015, we received a case brief and a rebuttal 
brief with respect to the Preliminary Results. We conducted this 
administrative review in accordance with section 751 of the Tariff Act 
of 1930, as amended (the Act).
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    \1\ See Certain Cased Pencils From the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative Review 
and Partial Rescission; 2012-2013, 79 FR 78795 (December 31, 2014) 
(Preliminary Results). Based on the timely withdrawal of the request 
for review of Orient International Holding Shanghai Foreign Trade 
Co., Ltd. (SFTC), we rescinded the review of SFTC. In the 
Preliminary Results, the Department inadvertently omitted ``Orient 
International Holding'' in referencing SFTC's full company name.
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Scope of the Order

    The merchandise subject to the order includes pencils from the PRC. 
The subject merchandise is currently classifiable under Harmonized 
Tariff Schedule of the United States (HTSUS) subheading 9609.1010. 
Although the HTSUS subheadings are 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 Issues and 
Decision Memorandum, dated concurrently with and hereby adopted by this 
notice.\2\
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    \2\ See Memorandum ``Issues and Decision Memorandum for the 
Final Results of Antidumping Duty Administrative Review: Certain 
Cased Pencils from the People's Republic of China; 2012-2013'' dated 
concurrently with and hereby adopted by this notice (Issues and 
Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
to this administrative review are addressed in the Issues and Decision 
Memorandum. A list of the issues raised is attached to this notice as 
an appendix. The Issues and Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov. The Issues and Decision Memorandum is also available 
to all parties in the Central Records Unit, Room 7046 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the 
Enforcement and Compliance Web site at http://enforcement.trade.gov/frn. The signed and electronic versions of the Issues and Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    The Department conducted this review in accordance with section 
751(a)(1)(B) of the Act. Based on our analysis of the comments 
received, we did not make any revisions to the Preliminary Results. For 
a full description of the analysis underlying our conclusions, see the 
Issues and Decision Memorandum.

PRC-Wide Rate and PRC-Wide Entity

    For the Preliminary Results, the Department assigned to the PRC-
wide entity the rate of 114.90 percent.\3\ Because this rate is the 
same as the PRC-wide rate from previous segments of this proceeding and 
nothing on the record of this review calls into question the 
reliability of the PRC-wide rate, we find it appropriate to continue to 
apply the rate of 114.90 percent to the PRC-wide entity.
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    \3\ See Notice of Amended Final Results and Partial Rescission 
of Antidumping Duty Administrative Review: Certain Cased Pencils 
from the People's Republic of China, 67 FR 59049 (September 19, 
2002).
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    In the Preliminary Results, the Department determined that Rongxin 
was not eligible for a separate rate and, therefore, Rongxin is part of 
the PRC-wide entity. After reviewing the issues raised in the case and 
rebuttal briefs from interested parties, the Department continues to 
find Rongxin ineligible for a separate rate. Thus, we continue to treat 
Rongxin as part of the PRC-wide entity.\4\
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    \4\ The Department's change in policy regarding conditional 
review of the PRC-wide entity is not applicable to this 
administrative review. See Antidumping Proceedings: Announcement of 
Change in Department Practice for Respondent Selection in 
Antidumping Duty Proceedings and Conditional Review of the Nonmarket 
Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963, 
65970 (November 4, 2013).
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Final Results of the Review

    As a result of this administrative review, we determine that the 
following weighted-average dumping margins exist: \5\
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    \5\ As noted, Rongxin is not eligible for a separate rate.

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                        Exporter                              margin
                                                            (percent)
------------------------------------------------------------------------
PRC-Wide Entity *......................................          114.90
------------------------------------------------------------------------
* Includes Shandong Rongxin Import & Export Co., Ltd.

Assessment

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries 
covered by this review in accordance with the final results of this 
review.
    The Department announced a refinement to its assessment practice in 
non-market economy country antidumping proceedings.\6\ Pursuant to this 
refinement in practice, for entries that were not reported in the U.S. 
sales databases submitted by companies individually examined during 
this review, the Department will instruct CBP to liquidate such entries 
at the PRC-wide rate. In addition, for

[[Page 26898]]

companies where the Department determined that the exporter under 
review had no shipments of the subject merchandise, any suspended 
entries that entered under that exporter's case number (i.e., at that 
exporter's rate) will be liquidated at the PRC-wide rate.\7\
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    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment 
Practice Refinement).
    \7\ For a full discussion of this practice, see Assessment 
Practice Refinement.
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    We intend to issue assessment instructions to CBP 15 days after the 
date of publication of the final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of review for all shipments of the 
subject merchandise from the PRC entered, or withdrawn from warehouse, 
for consumption on or after the publication date as provided by section 
751(a)(2)(C) of the Act: (1) For previously investigated or reviewed 
PRC and non-PRC exporters not listed above that received a separate 
rate in a prior segment of this proceeding, the cash deposit rate will 
continue to be the exporter-specific rate; (2) for all PRC exporters of 
subject merchandise that have not been found to be entitled to a 
separate rate, the cash deposit rate will be that for the PRC-wide 
entity of 114.90 percent; (3) for all non-PRC exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the PRC exporter that supplied that 
non-PRC exporter. These deposit requirements shall remain in effect 
until further notice.

Notification

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
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. Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.
    These final results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 
351.213.

    Dated: April 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Separate Rate/PRC-Wide Entity
5. Discussion of the Issues
    Comment 1: Whether Rongxin is Entitled to a Separate Rate
    Comment 2: Whether Dixon is a U.S. Manufacturer of Subject 
Merchandise, and, therefore, Entitled to Request an Administrative 
Review of Rongxin
6. Recommendation

[FR Doc. 2015-10622 Filed 5-8-15; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Notices 26897 DEPARTMENT OF COMMERCE Scope of the Order Because this rate is the same as the PRC- The merchandise subject to the order wide rate from previous segments of this International Trade Administration includes pencils from the PRC. The proceeding and nothing on the record of subject merchandise is currently this review calls into question the [A–570–827] classifiable under Harmonized Tariff reliability of the PRC-wide rate, we find Schedule of the United States (HTSUS) it appropriate to continue to apply the Certain Cased Pencils From the rate of 114.90 percent to the PRC-wide subheading 9609.1010. Although the People’s Republic of China: Final entity. HTSUS subheadings are provided for Results of Antidumping Duty In the Preliminary Results, the convenience and customs purposes, the Administrative Review; 2012–2013 written product description is Department determined that Rongxin AGENCY: Enforcement and Compliance, dispositive. A full description of the was not eligible for a separate rate and, International Trade Administration, scope of the order is contained in the therefore, Rongxin is part of the PRC- Department of Commerce. Issues and Decision Memorandum, wide entity. After reviewing the issues dated concurrently with and hereby raised in the case and rebuttal briefs SUMMARY: On December 31, 2014, the from interested parties, the Department Department of Commerce (the adopted by this notice.2 continues to find Rongxin ineligible for Department) published the preliminary Analysis of Comments Received a separate rate. Thus, we continue to results and partial rescission of the All issues raised in the case and treat Rongxin as part of the PRC-wide administrative review of the rebuttal briefs filed by parties to this entity.4 antidumping duty order on certain administrative review are addressed in cased pencils (pencils) from the Final Results of the Review the Issues and Decision Memorandum. People’s Republic of China (PRC). We A list of the issues raised is attached to As a result of this administrative gave interested parties an opportunity to this notice as an appendix. The Issues review, we determine that the following comment on the preliminary results in and Decision Memorandum is a public weighted-average dumping margins a notice. The period of review (POR) is document and is on file electronically exist: 5 December 1, 2012, through November via Enforcement and Compliance’s 30, 2013. This review covers one Antidumping and Countervailing Duty Weighted- exporter of subject merchandise, Centralized Electronic Service System average Shandong Rongxin Import & Export Co., Exporter dumping (ACCESS). ACCESS is available to margin Ltd. (Rongxin). For the final results, we registered users at http:// (percent) continue to find that Rongxin is not access.trade.gov. The Issues and eligible for a separate rate, and, thus, Decision Memorandum is also available PRC-Wide Entity * ................. 114.90 remains part of the PRC-wide entity. to all parties in the Central Records * Includes Shandong Rongxin Import & Ex- DATES: Effective: May 11, 2015. Unit, Room 7046 of the main port Co., Ltd. FOR FURTHER INFORMATION CONTACT: Department of Commerce building. In addition, a complete version of the Assessment Mary Kolberg or Sergio Balbontin, AD/CVD Operations, Office I, Issues and Decision Memorandum can Pursuant to section 751(a)(2)(A) of the Enforcement and Compliance, be accessed directly on the Enforcement Act and 19 CFR 351.212(b), the International Trade Administration, and Compliance Web site at http:// Department shall determine, and U.S. Department of Commerce, 14th Street enforcement.trade.gov/frn. The signed Customs and Border Protection (CBP) and Constitution Avenue NW., and electronic versions of the Issues and shall assess, antidumping duties on all Washington, DC 20230; telephone: (202) Decision Memorandum are identical in appropriate entries covered by this 482–1785, (202) 482–6478, respectively. content. review in accordance with the final SUPPLEMENTARY INFORMATION: Changes Since the Preliminary Results results of this review. The Department announced a Background The Department conducted this refinement to its assessment practice in review in accordance with section non-market economy country On December 31, 2014, the 751(a)(1)(B) of the Act. Based on our Department published the preliminary antidumping proceedings.6 Pursuant to analysis of the comments received, we this refinement in practice, for entries results and partial rescission of the did not make any revisions to the administrative review of the that were not reported in the U.S. sales Preliminary Results. For a full databases submitted by companies antidumping duty order on pencils from description of the analysis underlying the PRC.1 Between February 2, 2015, individually examined during this our conclusions, see the Issues and review, the Department will instruct and February 4, 2015, we received a Decision Memorandum. case brief and a rebuttal brief with CBP to liquidate such entries at the respect to the Preliminary Results. We PRC-Wide Rate and PRC-Wide Entity PRC-wide rate. In addition, for conducted this administrative review in For the Preliminary Results, the 4 The Department’s change in policy regarding accordance with section 751 of the Department assigned to the PRC-wide conditional review of the PRC-wide entity is not Tariff Act of 1930, as amended (the Act). entity the rate of 114.90 percent.3 applicable to this administrative review. See Antidumping Proceedings: Announcement of 1 See Certain Cased Pencils From the People’s 2 See Memorandum ‘‘Issues and Decision Change in Department Practice for Respondent Republic of China: Preliminary Results of Memorandum for the Final Results of Antidumping Selection in Antidumping Duty Proceedings and Antidumping Duty Administrative Review and Duty Administrative Review: Certain Cased Pencils Conditional Review of the Nonmarket Economy tkelley on DSK3SPTVN1PROD with NOTICES Partial Rescission; 2012–2013, 79 FR 78795 from the People’s Republic of China; 2012–2013’’ Entity in NME Antidumping Duty Proceedings, 78 (December 31, 2014) (Preliminary Results). Based dated concurrently with and hereby adopted by this FR 65963, 65970 (November 4, 2013). notice (Issues and Decision Memorandum). 5 As noted, Rongxin is not eligible for a separate on the timely withdrawal of the request for review of Orient International Holding Shanghai Foreign 3 See Notice of Amended Final Results and rate. Trade Co., Ltd. (SFTC), we rescinded the review of Partial Rescission of Antidumping Duty 6 See Non-Market Economy Antidumping SFTC. In the Preliminary Results, the Department Administrative Review: Certain Cased Pencils from Proceedings: Assessment of Antidumping Duties, 76 inadvertently omitted ‘‘Orient International the People’s Republic of China, 67 FR 59049 FR 65694 (October 24, 2011) (Assessment Practice Holding’’ in referencing SFTC’s full company name. (September 19, 2002). Refinement). VerDate Sep<11>2014 17:00 May 08, 2015 Jkt 235001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\11MYN1.SGM 11MYN1

26898 Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Notices companies where the Department or destruction of APO materials or take place prior to or in conjunction determined that the exporter under conversion to judicial protective order is with each publication, with notification review had no shipments of the subject hereby requested. Failure to comply to the public posted at: www.nist.gov/ merchandise, any suspended entries with the regulations and terms of an mep/. that entered under that exporter’s case APO is a sanctionable violation. ADDRESS: The FRNs will be published in number (i.e., at that exporter’s rate) will These final results of review are the Federal Register at https:// be liquidated at the PRC-wide rate.7 issued and published in accordance www.federalregister.gov/, and the FFOs We intend to issue assessment with sections 751(a)(1) and 777(i) of the will be posted on http://www.grants.gov. instructions to CBP 15 days after the Act and 19 CFR 351.213. More information about MEP and past date of publication of the final results of Dated: April 30, 2015. funding opportunities may be obtained review. from the MEP Web site: www.nist.gov/ Paul Piquado, Cash Deposit Requirements Assistant Secretary for Enforcement and mep/. Compliance. FOR FURTHER INFORMATION CONTACT: The following cash deposit Diane Henderson, Manufacturing requirements will be effective upon Appendix I Extension Partnership, National publication of these final results of List of Topics Discussed in the Issues and Institute of Standards and Technology, review for all shipments of the subject Decision Memorandum 100 Bureau Drive, Mail Stop 4800, merchandise from the PRC entered, or 1. Summary Gaithersburg, Maryland 20899–4800, withdrawn from warehouse, for 2. Background telephone number (301) 975–5105, consumption on or after the publication 3. Scope of the Order email: mepffo@nist.gov. date as provided by section 751(a)(2)(C) 4. Separate Rate/PRC-Wide Entity SUPPLEMENTARY INFORMATION: NIST of the Act: (1) For previously 5. Discussion of the Issues investigated or reviewed PRC and non- MEP, through a state-federal network of Comment 1: Whether Rongxin is Entitled PRC exporters not listed above that to a Separate Rate 60 centers and 1,200 manufacturing received a separate rate in a prior Comment 2: Whether Dixon is a U.S. experts, helps small and medium-sized segment of this proceeding, the cash Manufacturer of Subject Merchandise, manufacturers across the country to deposit rate will continue to be the and, therefore, Entitled to Request an improve their production processes, exporter-specific rate; (2) for all PRC Administrative Review of Rongxin upgrade their technological capabilities, 6. Recommendation and bring new products to market. MEP exporters of subject merchandise that have not been found to be entitled to a [FR Doc. 2015–10622 Filed 5–8–15; 8:45 am] helps small and medium-sized separate rate, the cash deposit rate will BILLING CODE 3510–DS–P manufacturers compete, thereby be that for the PRC-wide entity of 114.90 increasing employment and investment percent; (3) for all non-PRC exporters of across the country and generating a high subject merchandise which have not DEPARTMENT OF COMMERCE return on public investment. received their own rate, the cash deposit Every dollar of federal investment in National Institute of Standards and the MEP translates into $19 of new sales rate will be the rate applicable to the Technology for small and medium-sized PRC exporter that supplied that non- PRC exporter. These deposit [Docket Number: 150501413–5413–01] manufacturers, or almost $2.5 billion requirements shall remain in effect until annually across the 30,000 small and further notice. Manufacturing Extension Partnership medium-sized manufacturers that MEP State Competitions and Regional serves. See http://www.nist.gov/mep/ Notification Forums about/index.cfm and http:// This notice serves as a final reminder www.nist.gov/mep/about-impact.cfm. AGENCY: National Institute of Standards Since it was founded in 1988, MEP has to importers of their responsibility and Technology, Commerce. worked with nearly 80,000 under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement ACTION: Notice. manufacturers, leading to $88 billion in of antidumping duties prior to sales and $14 billion in cost savings, SUMMARY: The National Institute of and helping small manufacturers create liquidation of the relevant entries Standards and Technology (NIST) during this review period. Failure to more than 729,000 new jobs. See announces that the Hollings http://www.nist.gov/mep/about/ comply with this requirement could Manufacturing Extension Partnership result in the Secretary’s presumption index.cfm. Program (MEP) intends to publish and The MEP program is in the process of that reimbursement of the antidumping post two (2) separate announcements of duties occurred and the subsequent a multi-year effort to conduct full and funding availability for MEP Centers in open competitions to select operators assessment of double antidumping calendar year 2016. The list of specific duties. for MEP centers. On August 1, 2014, states that will be involved in the NIST launched the first round of Notification Regarding Administrative competitions will be posted on the NIST competitions for MEP centers in 10 Protective Order MEP Web site at: http://www.nist.gov/ states, focusing on states where the MEP This notice also serves as the only mep/. The funding announcements will investment in terms of dollars per reminder to parties subject to be provided both in the Federal Register manufacturing establishment was below administrative protective order (APO) of and on Grants.gov. Prior to or in its national average, making them the their responsibility concerning the conjunction with each publication, MEP most underfunded of MEP’s 60 centers. will conduct approximately two to three tkelley on DSK3SPTVN1PROD with NOTICES return or destruction of proprietary See 79 FR 44746 (Aug. 1, 2014). In information disclosed under APO in Regional Forums. February 2015, NIST MEP awarded accordance with 19 CFR 351.305. DATES: The two separate cooperative agreements with start dates Timely written notification of the return announcements of funding availability of July 1, 2015, to winning applicants in are expected to be published and posted each of the 10 states. 7 For a full discussion of this practice, see in January 2016 and July 2016, On March 9, 2015, NIST announced Assessment Practice Refinement. respectively. The Regional Forums will funding opportunities in 12 states, with VerDate Sep<11>2014 17:00 May 08, 2015 Jkt 235001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\11MYN1.SGM 11MYN1


Document Created: 2018-02-21 10:26:13
Document Modified: 2018-02-21 10:26:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective: May 11, 2015.
ContactMary Kolberg or 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- 1785, (202) 482-6478, respectively.
FR Citation80 FR 26897 
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