80 FR 47469 - Cased Pencils From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 152 (August 7, 2015)
International Trade Administration
Federal Register Volume 80, Issue 152 (August 7, 2015)
| Page Range | 47469-47470 | |
| FR Document | 2015-19484 |
[Federal Register Volume 80, Number 152 (Friday, August 7, 2015)] [Notices] [Pages 47469-47470] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-19484] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-827] Cased Pencils From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 29, 2015, the Department of Commerce (the Department) received a timely request for a new shipper review (NSR) from [[Page 47470]] Wah Yuen Stationery Co. Ltd. (Wah Yuen), in accordance with section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(c).\1\ On June 22, 2015, the Department issued a letter to Wah Yuen requesting that it correct certain deficiencies in its initial request.\2\ On June 29, 2015, Wah Yuen submitted a timely response to the Department's request.\3\ The Department has determined that the request for a new shipper review of the antidumping duty order on cased pencils from the People's Republic of China (PRC) meets the statutory and regulatory requirements for initiation. Thus, we are initiating a new shipper review. --------------------------------------------------------------------------- \1\ See Letter from Wah Yuen, ``Certain Cased Pencils from the People's Republic of China: Request for New Shipper Review and Notice of Appearance'' dated May 29, 2015 (Wah Yuen NSR request). \2\ See Letter from Dana S. Mermelstein, regarding the opportunity to correct deficiencies, dated June 22, 2015. \3\ See Letter from Wah Yuen, ``Certain Cased Pencils from the People's Republic of China: Supplemental Request for New Shipper Review'' dated June 29, 2015 (Wah Yuen supplemental NSR request). --------------------------------------------------------------------------- DATES: Effective date: August 7, 2015. FOR FURTHER INFORMATION CONTACT: Mary Kolberg, AD/CVD Operations Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; Telephone: (202) 482-1785. SUPPLEMENTARY INFORMATION: Background The antidumping duty order on cased pencils from the PRC published in the Federal Register on December 28, 1994.\4\ Pursuant to section 751(a)(2)(B)(i) of the Act, we received a timely request for a new shipper review of the Order from Wah Yuen.\5\ Wah Yuen certified that it is both the producer and exporter of the subject merchandise upon which its request was based.\6\ --------------------------------------------------------------------------- \4\ See Antidumping Duty Order: Certain Cased Pencils from the People's Republic of China, 59 FR 66909 (December 28, 1994) (Order). \5\ See Wah Yuen NSR request. \6\ Id. at page 1. --------------------------------------------------------------------------- Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Wah Yuen certified that it did not export subject merchandise to the United States during the period of investigation (POI).\7\ In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Wah Yuen certified that, since the initiation of the investigation, it has never been affiliated with any exporter or producer who exported subject merchandise to the United States during the POI, including those respondents not individually examined during the POI.\8\ As required by 19 CFR 351.214(b)(2)(iii)(B), Wah Yuen also certified that its export activities are not controlled by the government of the PRC.\9\ --------------------------------------------------------------------------- \7\ Id. at Exhibit 2. \8\ See Wah Yuen supplemental NSR request at Exhibit 5. \9\ See Wah Yuen NSR request at Exhibit 4. --------------------------------------------------------------------------- In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2), Wah Yuen submitted documentation establishing the following: (1) The date on which it first shipped subject merchandise for export to the United States; (2) the volume of its first shipment; and (3) the date of its first sale to an unaffiliated customer in the United States.\10\ --------------------------------------------------------------------------- \10\ Id. at Exhibit 1and Wah Yuen supplemental NSR request at Exhibit 6. --------------------------------------------------------------------------- Period of Review In accordance with 19 CFR 351.214(g)(1)(B), the period of review (POR) for new shipper reviews initiated in the month immediately following the semiannual anniversary month will be the six-month period immediately preceding the semiannual anniversary month. Therefore, based on the Order, the POR for this NSR is December 1, 2014, through May 31, 2015. Initiation of New Shipper Reviews Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(d)(1), the Department finds that the request from Wah Yuen meets threshold requirements for the initiation of a new shipper review of shipments of cased pencils from the PRC produced and exported by Wah Yuen.\11\ --------------------------------------------------------------------------- \11\ See the memorandum to the file entitled ``Cased Pencils from the People's Republic of China: Initiation Checklist for Antidumping Duty New Shipper Review of Wah Yuen Stationery Co., Ltd.'' dated concurrently with this notice. --------------------------------------------------------------------------- The Department intends to issue the preliminary results of this new shipper review no later than 180 days from the date of initiation and the final results of the review no later than 90 days after the date the preliminary results are issued.\12\ It is the Department's usual practice, in cases involving non-market economy countries, to require that a company seeking to establish eligibility for an antidumping duty rate separate from the country-wide rate provide evidence of de jure and de facto absence of government control over the company's export activities.\13\ Accordingly, we will issue a questionnaire to Wah Yuen that will include a section requesting information concerning its eligibility for a separate rate. The new shipper review of Wah Yuen will be rescinded if the Department determines that the new shipper applicant has not demonstrated that it is eligible for a separate rate. --------------------------------------------------------------------------- \12\ See section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i). \13\ See Freshwater Crawfish Tail Meat From the People's Republic of China: Initiation of Antidumping Duty New Shipper Reviews, 79 FR 64749 (October 31, 2014). --------------------------------------------------------------------------- We will instruct CBP to allow, at the option of the importer, the posting, until the completion of the review, of a bond or security in lieu of a cash deposit for the entry of the subject merchandise from Wah Yuen, in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Specifically, the bonding privilege will apply only to entries of subject merchandise exported and produced by Wah Yuen, the sales of which are the basis for this NSR request. Interested parties requiring access to proprietary information in the new shipper review should submit applications for disclosure under administrative protective order, in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are published in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). Dated: July 31, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015-19484 Filed 8-6-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 152 / Friday, August 7, 2015 / Notices 47469
the final results of this review is not determination.11 These cash deposit responsibility under 19 CFR
zero or de minimis. Where either the requirements, when imposed, shall 351.402(f)(2) to file a certificate
respondent’s weighted-average dumping remain in effect until further notice. regarding the reimbursement of
margin is zero or de minimis, or an antidumping duties prior to liquidation
Disclosure and Public Comment
importer-specific assessment rate is zero of the relevant entries during this
or de minimis, we will instruct CBP to The Department will disclose to review period. Failure to comply with
liquidate the appropriate entries parties to this proceeding the this requirement could result in the
without regard to antidumping duties. calculations performed in reaching the Secretary’s presumption that
The final results of this review shall be preliminary results within five days of reimbursement of antidumping duties
the basis for the assessment of the date of publication of these occurred and increase the subsequent
antidumping duties on entries of preliminary results.12 Pursuant to 19 assessment of the antidumping duties
merchandise covered by the final results CFR 351.309(c), interested parties may by the amount of antidumping duties
of this review where applicable. submit cases briefs not later than 30 reimbursed.
days after the date of publication of this These preliminary results of review
In accordance with the Department’s notice. Rebuttal briefs, limited to issues
‘‘automatic assessment’’ practice, for are issued and published in accordance
raised in the case briefs, may be filed with sections 751(a)(1) and 777(i)(1) of
entries of subject merchandise during not later than five days after the date for
the POR produced by each respondent the Act.
filing case briefs.13 Parties who submit
for which they did not know that their comments are requested to submit: (1) A Dated: July 31, 2015.
merchandise was destined for the statement of the issue; (2) a brief Ronald K. Lorentzen,
United States, we will instruct CBP to summary of the argument; and (3) a Acting Assistant Secretary for Enforcement
liquidate unreviewed entries at the all- table of authorities. All briefs must be and Compliance.
others rate if there is no rate for the filed electronically using ACCESS. An Appendix—List of Topics Discussed in
intermediate company(ies) involved in electronically filed document must be the Preliminary Decision Memorandum
the transaction. For a full discussion of received successfully in its entirety by
this clarification, see Antidumping and the Department’s electronic records 1. Summary
Countervailing Duty Proceedings: system, ACCESS. 2. Background
Assessment of Antidumping Duties, 68 Interested parties who wish to request 3. Scope of the Order
FR 23954 (May 6, 2003). a hearing must submit a written request 4. Discussion of Methodology
to the Assistant Secretary for Date of Sale
We intend to issue instructions to
Enforcement and Compliance, U.S. Comparisons to Normal Value
CBP 15 days after publication of the
Department of Commerce, using Product Comparisons
final results of this review.
Enforcement and Compliance’s ACCESS Determination of Comparison Method
Cash Deposit Requirements system within 30 days of publication of Results of the Differential Pricing (DP)
this notice.14 Requests should contain Analysis
The following cash deposit the party’s name, address, and Export Price
requirements will be effective upon telephone number, the number of Constructed Export Price
publication of the notice of final results participants, and a list of the issues to Normal Value
of administrative review for all be discussed. If a request for a hearing A. Home Market Viability
shipments of subject merchandise is made, we will inform parties of the B. Level of Trade
entered, or withdrawn from warehouse, scheduled date for the hearing which C. Cost of Production
for consumption on or after the will be held at the U.S. Department of D. Calculation of Cost of Production
publication of the final results of this Commerce, 14th Street and Constitution E. Test of Home Market Prices
administrative review, as provided by Avenue NW., Washington, DC 20230, at F. Results of the COP Test
section 751(a)(2) of the Act: (1) The cash a time and location to be determined.15 Margins for Companies Not Selected
deposit rate for respondents noted above Parties should confirm by telephone the for Individual Examination
will be the rate established in the final date, time, and location of the hearing. Currency Conversion
results of this administrative review; (2) Unless the deadline is extended 5. Recommendation
for merchandise exported by pursuant to section 751(a)(2)(B)(iv) of [FR Doc. 2015–19481 Filed 8–6–15; 8:45 am]
manufacturers or exporters not covered the Act, the Department will issue the BILLING CODE 3510–DS–P
in this administrative review but final results of this administrative
covered in a prior segment of the review, including the results of our
proceeding, the cash deposit rate will analysis of the issues raised by the DEPARTMENT OF COMMERCE
continue to be the company-specific rate parties in their case briefs, within 120
published for the most recently days after issuance of these preliminary International Trade Administration
completed segment of this proceeding; results.
(3) if the exporter is not a firm covered [A–570–827]
in this review, a prior review, or the Notification to Importers
Cased Pencils From the People’s
original investigation, but the This notice serves as a preliminary
Republic of China: Initiation of
manufacturer is, the cash deposit rate reminder to importers of their
Antidumping Duty New Shipper
will be the rate established for the most Review
11 See Implementation of the Findings of the WTO
recently completed segment of this
Panel in US—Zeroing (EC): Notice of
proceeding for the manufacturer of the AGENCY: Enforcement and Compliance,
tkelley on DSK3SPTVN1PROD with NOTICES
Determinations Under Section 129 of the Uruguay
subject merchandise; and (4) the cash Round Agreements Act and Revocations and Partial International Trade Administration,
deposit rate for all other manufacturers Revocations of Certain Antidumping Duty Orders, Department of Commerce.
or exporters will continue to be 15.45 72 FR 25261 (May 4, 2007).
12 See 19 CFR 351.224(b). SUMMARY: On May 29, 2015, the
percent, the all-others rate established 13 See 19 CFR 351.309(d). Department of Commerce (the
in the antidumping investigation as 14 See 19 CFR 351.310(c). Department) received a timely request
modified by the section 129 15 See 19 CFR 351.310. for a new shipper review (NSR) from
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![47470 Federal Register / Vol. 80, No. 152 / Friday, August 7, 2015 / Notices
Wah Yuen Stationery Co. Ltd. (Wah never been affiliated with any exporter company’s export activities.13
Yuen), in accordance with section or producer who exported subject Accordingly, we will issue a
751(a)(2)(B)(i) of the Tariff Act of 1930, merchandise to the United States during questionnaire to Wah Yuen that will
as amended (the Act), and 19 CFR the POI, including those respondents include a section requesting information
351.214(c).1 On June 22, 2015, the not individually examined during the concerning its eligibility for a separate
Department issued a letter to Wah Yuen POI.8 As required by 19 CFR rate. The new shipper review of Wah
requesting that it correct certain 351.214(b)(2)(iii)(B), Wah Yuen also Yuen will be rescinded if the
deficiencies in its initial request.2 On certified that its export activities are not Department determines that the new
June 29, 2015, Wah Yuen submitted a controlled by the government of the shipper applicant has not demonstrated
timely response to the Department’s PRC.9 that it is eligible for a separate rate.
request.3 The Department has In addition to the certifications We will instruct CBP to allow, at the
determined that the request for a new described above, pursuant to 19 CFR option of the importer, the posting, until
shipper review of the antidumping duty 351.214(b)(2), Wah Yuen submitted the completion of the review, of a bond
order on cased pencils from the People’s documentation establishing the or security in lieu of a cash deposit for
Republic of China (PRC) meets the following: (1) The date on which it first the entry of the subject merchandise
statutory and regulatory requirements shipped subject merchandise for export from Wah Yuen, in accordance with
for initiation. Thus, we are initiating a to the United States; (2) the volume of section 751(a)(2)(B)(iii) of the Act and
new shipper review. its first shipment; and (3) the date of its 19 CFR 351.214(e). Specifically, the
DATES: Effective date: August 7, 2015. first sale to an unaffiliated customer in bonding privilege will apply only to
FOR FURTHER INFORMATION CONTACT: the United States.10 entries of subject merchandise exported
Mary Kolberg, AD/CVD Operations and produced by Wah Yuen, the sales
Period of Review of which are the basis for this NSR
Office I, Enforcement and Compliance,
International Trade Administration, request.
In accordance with 19 CFR
U.S. Department of Commerce, 14th Interested parties requiring access to
351.214(g)(1)(B), the period of review
Street and Constitution Avenue NW., proprietary information in the new
(POR) for new shipper reviews initiated
Washington, DC 20230; Telephone: shipper review should submit
in the month immediately following the
(202) 482–1785. applications for disclosure under
semiannual anniversary month will be
administrative protective order, in
SUPPLEMENTARY INFORMATION: the six-month period immediately
accordance with 19 CFR 351.305 and
preceding the semiannual anniversary
Background 351.306.
month. Therefore, based on the Order,
The antidumping duty order on cased This initiation and notice are
the POR for this NSR is December 1,
pencils from the PRC published in the published in accordance with section
2014, through May 31, 2015.
Federal Register on December 28, 751(a)(2)(B) of the Act and 19 CFR
1994.4 Pursuant to section Initiation of New Shipper Reviews 351.214 and 351.221(c)(1)(i).
751(a)(2)(B)(i) of the Act, we received a Pursuant to section 751(a)(2)(B) of the Dated: July 31, 2015.
timely request for a new shipper review Act and 19 CFR 351.214(d)(1), the Christian Marsh,
of the Order from Wah Yuen.5 Wah Department finds that the request from Deputy Assistant Secretary for Antidumping
Yuen certified that it is both the Wah Yuen meets threshold and Countervailing Duty Operations.
producer and exporter of the subject requirements for the initiation of a new [FR Doc. 2015–19484 Filed 8–6–15; 8:45 am]
merchandise upon which its request shipper review of shipments of cased BILLING CODE 3510–DS–P
was based.6 pencils from the PRC produced and
Pursuant to section 751(a)(2)(B)(i)(I) of exported by Wah Yuen.11
the Act and 19 CFR 351.214(b)(2)(i), DEPARTMENT OF COMMERCE
Wah Yuen certified that it did not The Department intends to issue the
export subject merchandise to the preliminary results of this new shipper National Oceanic and Atmospheric
United States during the period of review no later than 180 days from the Administration
investigation (POI).7 In addition, date of initiation and the final results of
pursuant to section 751(a)(2)(B)(i)(II) of the review no later than 90 days after RIN 0648–XE013
the Act and 19 CFR 351.214(b)(2)(iii)(A), the date the preliminary results are
Wah Yuen certified that, since the issued.12 It is the Department’s usual Caribbean Fishery Management
initiation of the investigation, it has practice, in cases involving non-market Council (CFMC); Public Meeting
economy countries, to require that a
1 See company seeking to establish eligibility AGENCY: National Marine Fisheries
Letter from Wah Yuen, ‘‘Certain Cased
Pencils from the People’s Republic of China: for an antidumping duty rate separate Service (NMFS), National Oceanic and
Request for New Shipper Review and Notice of from the country-wide rate provide Atmospheric Administration (NOAA),
Appearance’’ dated May 29, 2015 (Wah Yuen NSR evidence of de jure and de facto absence Commerce.
request).
2 See Letter from Dana S. Mermelstein, regarding of government control over the ACTION: Notice of a public meeting.
the opportunity to correct deficiencies, dated June
22, 2015. 8 See Wah Yuen supplemental NSR request at
SUMMARY: The Caribbean Fishery
3 See Letter from Wah Yuen, ‘‘Certain Cased Exhibit 5. Management Council’s (Council)
Pencils from the People’s Republic of China: 9 See Wah Yuen NSR request at Exhibit 4. Outreach and Education Advisory Panel
Supplemental Request for New Shipper Review’’ 10 Id. at Exhibit 1and Wah Yuen supplemental (OEAP) will meet.
tkelley on DSK3SPTVN1PROD with NOTICES
dated June 29, 2015 (Wah Yuen supplemental NSR NSR request at Exhibit 6.
request). DATES: The meeting will be held on
11 See the memorandum to the file entitled
4 See Antidumping Duty Order: Certain Cased
‘‘Cased Pencils from the People’s Republic of China:
August 25, 2015, from 9 a.m. to 5 p.m.
Pencils from the People’s Republic of China, 59 FR Initiation Checklist for Antidumping Duty New
66909 (December 28, 1994) (Order). Shipper Review of Wah Yuen Stationery Co., Ltd.’’ 13 See Freshwater Crawfish Tail Meat From the
5 See Wah Yuen NSR request.
dated concurrently with this notice. People’s Republic of China: Initiation of
6 Id. at page 1. 12 See section 751(a)(2)(B)(iv) of the Act and 19 Antidumping Duty New Shipper Reviews, 79 FR
7 Id. at Exhibit 2. CFR 351.214(i). 64749 (October 31, 2014).
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Document Created: 2015-12-15 10:57:10
Document Modified: 2015-12-15 10:57:10
| 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 | |
| Contact | Mary Kolberg, AD/CVD Operations Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; Telephone: (202) 482-1785. | |
| FR Citation | 80 FR 47469 |
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