81_FR_37685 81 FR 37573 - Certain Cased Pencils From the People's Republic of China: Preliminary Results of Antidumping Duty New Shipper Review; 2014-2015

81 FR 37573 - Certain Cased Pencils From the People's Republic of China: Preliminary Results of Antidumping Duty New Shipper Review; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 112 (June 10, 2016)

Page Range37573-37574
FR Document2016-13721

The Department of Commerce (the Department) is a conducting a new shipper review (NSR) of the antidumping duty order on certain cased pencils from the People's Republic of China (PRC). The NSR covers the exporter Wah Yuen Stationery Co., Ltd. and its affiliated producer, Shandong Wah Yuen Stationery Co., Ltd. (collectively, Wah Yuen). The period of review (POR) is December 1, 2014, through May 31, 2015. The Department preliminarily finds that Wah Yuen made a sale of subject merchandise at below normal value. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 81 Issue 112 (Friday, June 10, 2016) 
[Federal Register Volume 81, Number 112 (Friday, June 10, 2016)]
[Notices]
[Pages 37573-37574]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13721]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-827]


Certain Cased Pencils From the People's Republic of China: 
Preliminary Results of Antidumping Duty New Shipper Review; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is a conducting a 
new shipper review (NSR) of the antidumping duty order on certain cased 
pencils from the People's Republic of China (PRC). The NSR covers the 
exporter Wah Yuen Stationery Co., Ltd. and its affiliated producer, 
Shandong Wah Yuen Stationery Co., Ltd. (collectively, Wah Yuen). The 
period of review (POR) is December 1, 2014, through May 31, 2015. The 
Department preliminarily finds that Wah Yuen made a sale of subject 
merchandise at below normal value. Interested parties are invited to 
comment on these preliminary results.

DATES: Effective Date: June 10, 2016.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-1785.

Scope of the Order

    Imports covered by this order are shipments of certain cased 
pencils of any shape or dimension which are writing and/or drawing 
instruments that feature cores of graphite or other materials, encased 
in wood and/or man-made materials, whether or not decorated and whether 
or not tipped (e.g., with erasers, etc.) in any fashion, and either 
sharpened or unsharpened. The pencils subject to the order are 
currently classifiable under subheading 9609.10.00 of the Harmonized 
Tariff Schedule of the United States (HTSUS). A full description of the 
scope of the order is contained in the Preliminary Decision 
Memorandum.\1\ Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written product description is 
dispositive.
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    \1\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from Christian Marsh, Deputy Assistant 
Secretary, re: ``Decision Memorandum for Preliminary Results of 
Antidumping Duty New Shipper Review: Certain Cased Pencils from the 
People's Republic of China,'' dated June 2, 2016.
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.214. 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 in the attached 
Appendix to this notice.
    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's centralized 
electronic service system (ACCESS). ACCESS is available to registered 
users at http://access.trade.gov, and it is available to all parties in 
the Department's Central Records Unit, B8024 of the main Department of 
Commerce building. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Results of New Shipper Review

    The Department preliminarily determines that the following 
weighted-average dumping margin exists for the POR December 1, 2014, 
through May 31, 2015:

------------------------------------------------------------------------
                                                        Weighted average
            Exporter                    Producer         dumping margin
                                                           (percent)
------------------------------------------------------------------------
Wah Yuen Stationery Co., Ltd....  Shandong Wah Yuen                31.03
                                   Stationery Co.,
                                   Ltd..
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department will disclose the analysis performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit case briefs by no later than 30 days 
after the date of publication of these preliminary results of 
review.\2\ Rebuttals, limited to issues raised in the case briefs, may 
be filed by no later than five days after the case briefs are filed.\3\
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    \2\ See 19 CFR 351.309(c).
    \3\ See 19 CFR 351.309(d).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\4\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.\5\
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    \4\ See 19 CFR 351.310(c).
    \5\ See 19 CFR 351.310(d).
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    Unless the deadline is extended pursuant to section 
751(a)(2)(B)(iii), the Department intends to issue the final results of 
this new shipper review, which will include the results of its analysis 
of all issues raised in the case and rebuttal briefs, within 90 days of 
publication of these preliminary results, pursuant to section 
751(a)(2)(B)(iv) of the Act.

Assessment Rates

    Upon issuance of the final results, pursuant to 19 CFR 351.212(b), 
the Department will determine, and the U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries.\6\ The Department intends to issue assessment instructions to 
CBP 15 days after the date of publication of the final results of this 
new shipper review.
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    \6\ See 19 CFR 351.212(b)(1).
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    If the respondent's weighted average dumping margin is not zero or 
de minimis (i.e., less than 0.50 percent) in the final results, the 
Department will calculate importer-specific assessment rates on the 
basis of the ratio of the total amount of dumping calculated for each 
importer's examined sales to the total

[[Page 37574]]

entered value of those sales, in accordance with 19 CFR 351.212(b)(1). 
Where an importer-specific ad valorem rate is not zero or de minimis, 
the Department will instruct CBP to collect the appropriate antidumping 
duties at the time of liquidation.\7\ Where either a respondent's 
weighted average dumping margin is zero or de minimis, or an importer-
specific ad valorem rate is zero or de minimis, the Department will 
instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\8\
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    \7\ See 19 CFR 351.212(b)(1).
    \8\ See 19 CFR 351.106(c)(2).
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    For entries that were not reported in the U.S. sales data submitted 
by Wah Yuen, the Department will instruct CBP to liquidate such entries 
at the rate for the PRC-wide entity.\9\ The final results of this 
review shall be the basis for the assessment of antidumping duties on 
entries of merchandise covered by the final results of this review and 
for future cash deposits of estimated antidumping duties, where 
applicable.
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    \9\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this new shipper review for 
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: For merchandise produced 
by Shandong Wah Yuen Stationery Co., Ltd. and exported by Wah Yuen 
Stationery Co., Ltd., the cash deposit rates will be equal to the 
weighted-average dumping margin established in the final results of 
this review (except, if the rate is zero or de minimis, then zero cash 
deposit will be required). These cash deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers

    This notice also serves as a 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 the POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 the terms of an APO is a violation 
subject to sanction.

Notification to Interested Parties

    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.214 and 
351.221(b)(4).

    Dated: June 2, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Date of Sale
VI. Comparisons to Normal Value
VII. Results of Differential Pricing Analysis
VIII. U.S. Price
IX. Normal Value
X. Factor Valuations
XI. Currency Conversion
XII. Recommendation

[FR Doc. 2016-13721 Filed 6-9-16; 8:45 am]
BILLING CODE 3510-DS-P

Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Notices 37573 G. Currency Conversion DATES: Effective Date: June 10, 2016. 751(a)(2)(B) of the Tariff Act of 1930, as Recommendation amended (the Act), and 19 CFR 351.214. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2016–13704 Filed 6–9–16; 8:45 am] Mary Kolberg, AD/CVD Operations, For a full description of the BILLING CODE 3510–DS–P Office I, Enforcement and Compliance, methodology underlying our International Trade Administration, conclusions, see the Preliminary U.S. Department of Commerce, 1401 Decision Memorandum. A list of topics DEPARTMENT OF COMMERCE Constitution Avenue NW., Washington, discussed in the Preliminary Decision DC 20230; telephone: (202) 482–1785. Memorandum is in the attached International Trade Administration Appendix to this notice. [A–570–827] Scope of the Order The Preliminary Decision Imports covered by this order are Memorandum is a public document and Certain Cased Pencils From the shipments of certain cased pencils of is on file electronically via Enforcement People’s Republic of China: any shape or dimension which are and Compliance’s centralized electronic Preliminary Results of Antidumping writing and/or drawing instruments that service system (ACCESS). ACCESS is Duty New Shipper Review; 2014–2015 feature cores of graphite or other available to registered users at http:// AGENCY: Enforcement and Compliance, materials, encased in wood and/or man- access.trade.gov, and it is available to International Trade Administration, made materials, whether or not all parties in the Department’s Central Department of Commerce. decorated and whether or not tipped Records Unit, B8024 of the main SUMMARY: The Department of Commerce (e.g., with erasers, etc.) in any fashion, Department of Commerce building. In (the Department) is a conducting a new and either sharpened or unsharpened. addition, a complete version of the shipper review (NSR) of the The pencils subject to the order are Preliminary Decision Memorandum can antidumping duty order on certain currently classifiable under subheading be accessed directly on the Internet at cased pencils from the People’s 9609.10.00 of the Harmonized Tariff http://enforcement.trade.gov/frn/. The Republic of China (PRC). The NSR Schedule of the United States (HTSUS). signed Preliminary Decision covers the exporter Wah Yuen A full description of the scope of the Memorandum and the electronic Stationery Co., Ltd. and its affiliated order is contained in the Preliminary versions of the Preliminary Decision producer, Shandong Wah Yuen Decision Memorandum.1 Although the Memorandum are identical in content. Stationery Co., Ltd. (collectively, Wah HTSUS subheadings are provided for Preliminary Results of New Shipper Yuen). The period of review (POR) is convenience and customs purposes, the Review December 1, 2014, through May 31, written product description is 2015. The Department preliminarily dispositive. The Department preliminarily finds that Wah Yuen made a sale of determines that the following weighted- Methodology subject merchandise at below normal average dumping margin exists for the value. Interested parties are invited to The Department is conducting this POR December 1, 2014, through May 31, comment on these preliminary results. review in accordance with section 2015: Weighted average Exporter Producer dumping margin (percent) Wah Yuen Stationery Co., Ltd. .......................................................................................................... Shandong Wah Yuen 31.03 Stationery Co., Ltd.. Disclosure and Public Comment participants; and (3) a list of the issues Assessment Rates to be discussed. Oral presentations will The Department will disclose the Upon issuance of the final results, be limited to issues raised in the briefs. analysis performed for these pursuant to 19 CFR 351.212(b), the If a request for a hearing is made, parties preliminary results to the parties within Department will determine, and the U.S. will be notified of the time and date for five days of the date of publication of Customs and Border Protection (CBP) the hearing to be held at the U.S. this notice in accordance with 19 CFR shall assess, antidumping duties on all 351.224(b). Interested parties may Department of Commerce, 1401 appropriate entries.6 The Department submit case briefs by no later than 30 Constitution Avenue NW., Washington, intends to issue assessment instructions days after the date of publication of DC 20230.5 to CBP 15 days after the date of these preliminary results of review.2 Unless the deadline is extended publication of the final results of this Rebuttals, limited to issues raised in the pursuant to section 751(a)(2)(B)(iii), the new shipper review. case briefs, may be filed by no later than Department intends to issue the final If the respondent’s weighted average five days after the case briefs are filed.3 results of this new shipper review, dumping margin is not zero or de Any interested party may request a which will include the results of its minimis (i.e., less than 0.50 percent) in hearing within 30 days of publication of analysis of all issues raised in the case the final results, the Department will asabaliauskas on DSK3SPTVN1PROD with NOTICES this notice.4 Hearing requests should and rebuttal briefs, within 90 days of calculate importer-specific assessment contain the following information: (1) publication of these preliminary results, rates on the basis of the ratio of the total The party’s name, address, and pursuant to section 751(a)(2)(B)(iv) of amount of dumping calculated for each telephone number; (2) the number of the Act. importer’s examined sales to the total 1 See Memorandum to Paul Piquado, Assistant Antidumping Duty New Shipper Review: Certain 3 See 19 CFR 351.309(d). Secretary for Enforcement and Compliance, from Cased Pencils from the People’s Republic of China,’’ 4 See 19 CFR 351.310(c). Christian Marsh, Deputy Assistant Secretary, re: dated June 2, 2016. 5 See 19 CFR 351.310(d). ‘‘Decision Memorandum for Preliminary Results of 2 See 19 CFR 351.309(c). 6 See 19 CFR 351.212(b)(1). VerDate Sep<11>2014 19:02 Jun 09, 2016 Jkt 238001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1

37574 Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Notices entered value of those sales, in Notification Regarding Administrative term. They are expected to discuss accordance with 19 CFR 351.212(b)(1). Protective Orders issues impacting the travel and tourism Where an importer-specific ad valorem This notice serves as a reminder to industry, including travel promotion, rate is not zero or de minimis, the parties subject to an administrative visa policy, travel facilitation, data and Department will instruct CBP to collect protective order (APO) of their research, sustainable tourism, and the appropriate antidumping duties at responsibility concerning the domestic travel and tourism issues, in the time of liquidation.7 Where either a disposition of proprietary information addition to other topics. The agenda respondent’s weighted average dumping disclosed under APO in accordance may change to accommodate Board margin is zero or de minimis, or an with 19 CFR 351.305(a)(3). Timely business. The final agenda will be importer-specific ad valorem rate is zero written notification of the return or posted on the Department of Commerce or de minimis, the Department will destruction of APO materials, or Web site for the Board at http:// instruct CBP to liquidate appropriate conversion to judicial protective order, trade.gov/ttab, at least one week in entries without regard to antidumping is hereby requested. Failure to comply advance of the meeting. duties.8 with the regulations and the terms of an DATES: Thursday, June 30, 2016, 9 a.m.– For entries that were not reported in APO is a violation subject to sanction. 12 p.m. EDT. The deadline for members the U.S. sales data submitted by Wah of the public to register, including Notification to Interested Parties requests to make comments during the Yuen, the Department will instruct CBP to liquidate such entries at the rate for These preliminary results are issued meeting and for auxiliary aids, or to the PRC-wide entity.9 The final results and published in accordance with submit written comments for of this review shall be the basis for the sections 751(a)(1) and 777(i)(1) of the dissemination prior to the meeting, is 5 assessment of antidumping duties on Act and 19 CFR 351.214 and p.m. EDT on June 23, 2016. entries of merchandise covered by the 351.221(b)(4). ADDRESSES: The meeting will be held at final results of this review and for future Dated: June 2, 2016. the Department of Commerce. Requests cash deposits of estimated antidumping Paul Piquado, to register (including to speak or for duties, where applicable. Assistant Secretary for Enforcement and auxiliary aids) and any written Compliance. comments should be submitted to: U.S. Cash Deposit Requirements Travel and Tourism Advisory Board, Appendix—List of Topics Discussed in U.S. Department of Commerce, Room The following cash deposit the Preliminary Decision Memorandum 4043, 1401 Constitution Avenue NW., requirements will be effective upon I. Summary Washington, DC 20230, OACIO@ publication of the final results of this II. Background trade.gov. Members of the public are new shipper review for shipments of the III. Scope of the Order encouraged to submit registration subject merchandise from the PRC IV. Discussion of the Methodology requests and written comments via entered, or withdrawn from warehouse, V. Date of Sale email to ensure timely receipt. for consumption on or after the VI. Comparisons to Normal Value publication date, as provided by section FOR FURTHER INFORMATION CONTACT: Li VII. Results of Differential Pricing Analysis 751(a)(2)(C) of the Act: For merchandise VIII. U.S. Price Zhou, the United States Travel and produced by Shandong Wah Yuen IX. Normal Value Tourism Advisory Board, Room 4043, Stationery Co., Ltd. and exported by X. Factor Valuations 1401 Constitution Avenue NW., Wah Yuen Stationery Co., Ltd., the cash XI. Currency Conversion Washington, DC 20230, telephone: 202– XII. Recommendation 482–4501, email: OACIO@trade.gov. deposit rates will be equal to the weighted-average dumping margin [FR Doc. 2016–13721 Filed 6–9–16; 8:45 am] SUPPLEMENTARY INFORMATION: established in the final results of this BILLING CODE 3510–DS–P Background: The Board advises the review (except, if the rate is zero or de Secretary of Commerce on matters minimis, then zero cash deposit will be relating to the U.S. travel and tourism required). These cash deposit DEPARTMENT OF COMMERCE industry. requirements, when imposed, shall Public Participation: The meeting will International Trade Administration be open to the public and will be remain in effect until further notice. accessible to people with disabilities. Notification to Importers United States Travel and Tourism All guests are required to register in Advisory Board: Meeting of the United advance by the deadline identified This notice also serves as a reminder States Travel and Tourism Advisory under the DATES caption. Requests for to importers of their responsibility Board auxiliary aids must be submitted by the under 19 CFR 351.402(f)(2) to file a registration deadline. Last minute AGENCY: International Trade certificate regarding the reimbursement requests will be accepted, but may be Administration, U.S. Department of of antidumping duties prior to impossible to fill. There will be fifteen Commerce. liquidation of the relevant entries (15) minutes allotted for oral comments during the POR. Failure to comply with ACTION: Notice of an open meeting. from members of the public joining the this requirement could result in the SUMMARY: The United States Travel and meeting. To accommodate as many Department’s presumption that Tourism Advisory Board (Board) will speakers as possible, the time for public reimbursement of antidumping duties hold the first meeting of its newly comments may be limited to three (3) asabaliauskas on DSK3SPTVN1PROD with NOTICES occurred and the subsequent assessment appointed members on Thursday, June minutes per person. Individuals wishing of double antidumping duties. 30, 2016. The Board was re-chartered in to reserve speaking time during the August 2015, to advise the Secretary of meeting must submit a request at the 7 See 19 CFR 351.212(b)(1). Commerce on matters relating to the time of registration, as well as the name 8 See 19 CFR 351.106(c)(2). 9 For a full discussion of this practice, see Non- travel and tourism industry. At the and address of the proposed speaker. If Market Economy Antidumping Proceedings: meeting, members will be sworn-in and the number of registrants requesting to Assessment of Antidumping Duties, 76 FR 65694 will begin a discussion of the work they make statements is greater than can be (October 24, 2011). will undertake during their appointment reasonably accommodated during the VerDate Sep<11>2014 19:02 Jun 09, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1


Document Created: 2018-02-08 07:36:04
Document Modified: 2018-02-08 07:36:04
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 Date: June 10, 2016.
ContactMary Kolberg, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1785.
FR Citation81 FR 37573 
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