81_FR_69707 81 FR 69513 - Certain Cased Pencils From the People's Republic of China: Final Results of Expedited Sunset Review of the Antidumping Duty Order

81 FR 69513 - Certain Cased Pencils From the People's Republic of China: Final Results of Expedited Sunset Review of the Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 194 (October 6, 2016)

Page Range69513-69514
FR Document2016-24248

The Department of Commerce (the Department) finds that revocation of the antidumping duty order (AD) order on certain cased pencils from the People's Republic of China (PRC) would be likely to lead to continuation or recurrence of dumping at the level indicated in the ``Final Results of Review'' section of this notice.

Federal Register, Volume 81 Issue 194 (Thursday, October 6, 2016) 
[Federal Register Volume 81, Number 194 (Thursday, October 6, 2016)]
[Notices]
[Pages 69513-69514]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24248]



[[Page 69513]]

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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 Expedited Sunset Review of the Antidumping Duty Order

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

SUMMARY: The Department of Commerce (the Department) finds that 
revocation of the antidumping duty order (AD) order on certain cased 
pencils from the People's Republic of China (PRC) would be likely to 
lead to continuation or recurrence of dumping at the level indicated in 
the ``Final Results of Review'' section of this notice.

DATES: Effective October 6, 2016.

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

SUPPLEMENTARY INFORMATION:

Background

    On June 1, 2016, the Department initiated a sunset review of the AD 
Order \1\ on certain cased pencils from the PRC pursuant to section 
751(c) of the Tariff Act of 1930, as amended (the Act).\2\ The Dixon 
Ticonderoga Company (Dixon), as well as the General Pencil Co., Inc., 
Musgrave Pencil Co., and RoseMoon, Inc., notified the Department of 
their intent to participate in the sunset review as domestic interested 
parties on June 7, 2016, and June 14, 2016, respectively, pursuant to 
19 CFR 351.218(d)(1)(i).\3\ Each of these companies claimed interested 
party status under section 771(9)(C) of the Act, as domestic producers 
of the domestic like product.
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    \1\ See Antidumping Duty Order: Certain Cased Pencils from the 
People's Republic of China, 59 FR 66909 (December 28, 1994) (AD 
Order).
    \2\ See Initiation of Five-Year (``Sunset'') Review, 81 FR 34974 
(June 1, 2016).
    \3\ See letter from Dixon to the Department, re: ``Five-Year 
Sunset Review of Certain Cased Pencils from the People's Republic of 
China: Dixon Notice of Intent to Participate,'' dated June 7, 2016; 
see also letter from General Pencil Co., Inc., Musgrave Pencil Co. 
and RoseMoon, Inc., to the Department, re: ``Sec.  751(c) Five-Year 
Sunset Review of the Antidumping Duty Order Against Cased Pencils 
from the People's Republic of China; Notice of Appearance and Intent 
to Participate,'' dated June 14, 2016.
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    On July 1, 2016, the Department received a collective substantive 
response from General Pencil Co., Inc., Musgrave Pencil Co., and 
RoseMoon, Inc., within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i).\4\ The Department did not receive a substantive 
response from Dixon or any respondent interested party to the sunset 
proceeding. Because the Department received no response from the 
respondent interested parties, the Department conducted an expedited 
review of this AD Order, pursuant to section 751(c)(3)(B) of the Act 
and 19 CFR 351.218(e)(l)(ii)(C)(2).
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    \4\ See letter from General Pencil Co., Inc., Musgrave Pencil 
Co. and RoseMoon, Inc. to the Department, re: ``Sec.  751(c) Five-
Year Sunset Review of the Antidumping Duty Order Against Cased 
Pencils from the People's Republic of China; Substantive Response of 
Domestic Interested Parties,'' dated July 1, 2016.
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Scope of the Order

    Imports covered by the order are shipments of certain cased pencils 
of any shape or dimension (except as described below) 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'). Specifically 
excluded from the scope of the order are mechanical pencils, cosmetic 
pencils, pens, noncased crayons (wax), pastels, charcoals, chalks, and 
pencils produced under U.S. patent number 6,217,242, from paper infused 
with scents by the means covered in the above-referenced patent, 
thereby having odors distinct from those that may emanate from pencils 
lacking the scent infusion. Also excluded from the scope of the order 
are pencils with all of the following physical characteristics: (1) 
Length: 13.5 or more inches; (2) sheath diameter: not less than one-
and-one quarter inches at any point (before sharpening); and (3) core 
length: Not more than 15 percent of the length of the pencil. In 
addition, pencils with all of the following physical characteristics 
are excluded from the scope of the order: Novelty jumbo pencils that 
are octagonal in shape, approximately ten inches long, one inch in 
diameter before sharpening, and three-and-one eighth inches 
circumference, composed of turned wood encasing one-and-one half inches 
of sharpened lead on one end and a rubber eraser on the other end. 
Although the HTSUS subheading is provided for convenience and customs 
purposes, the written description of the scope of the order is 
dispositive.

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum, which is dated concurrently with this notice.\5\ 
The issues discussed in the Issues and Decision Memorandum include the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the margins likely to prevail if the AD Order were revoked. Parties 
can find a complete discussion of all issues raised in this expedited 
sunset review and the corresponding recommendations in this public 
memorandum, which is on file electronically via the Enforcement and 
Compliance Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
http://access.trade.gov and in the Central Records Unit, room B8024 of 
the main Department of Commerce building. A list of topics discussed in 
the Issues and Decision Memorandum is included as an Appendix to this 
notice. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic versions of the Issues and Decision 
Memorandum are identical in content.
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    \5\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Issues and Decision Memorandum for the Final Results of the 
Expedited Five-Year Sunset Review of the Antidumping Duty Order on 
Certain Cased Pencils from the People's Republic of China,'' dated 
September 29, 2016.
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Final Results of Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, we 
determine that revocation of the AD Order on certain cased pencils from 
the PRC would be likely to lead to continuation or recurrence of 
dumping at weighted-average percent margins up to 53.65 percent.

Notification Regarding Administrative Protective Order

    This notice serves as the only 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. Timely 
notification of return/destruction of APO materials or

[[Page 69514]]

conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.
    We are issuing and publishing these final results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 
19 CFR 351.218.

    Dated: September 29, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. History of the Order
III. Background
IV. Scope of the Order
V. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margins Likely To Prevail
VI. Final Results of Review
VII. Recommendation

[FR Doc. 2016-24248 Filed 10-5-16; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Notices 69513 DEPARTMENT OF COMMERCE response from General Pencil Co., Inc., provided for convenience and customs Musgrave Pencil Co., and RoseMoon, purposes, the written description of the International Trade Administration Inc., within the 30-day deadline scope of the order is dispositive. [A–570–827] specified in 19 CFR 351.218(d)(3)(i).4 Analysis of Comments Received The Department did not receive a Certain Cased Pencils From the substantive response from Dixon or any All issues raised in this review are People’s Republic of China: Final respondent interested party to the addressed in the Issues and Decision Results of Expedited Sunset Review of sunset proceeding. Because the Memorandum, which is dated the Antidumping Duty Order Department received no response from concurrently with this notice.5 The the respondent interested parties, the issues discussed in the Issues and AGENCY: Enforcement and Compliance, Department conducted an expedited Decision Memorandum include the International Trade Administration, review of this AD Order, pursuant to likelihood of continuation or recurrence Department of Commerce. section 751(c)(3)(B) of the Act and 19 of dumping and the magnitude of the SUMMARY: The Department of Commerce CFR 351.218(e)(l)(ii)(C)(2). margins likely to prevail if the AD Order (the Department) finds that revocation were revoked. Parties can find a Scope of the Order complete discussion of all issues raised of the antidumping duty order (AD) order on certain cased pencils from the Imports covered by the order are in this expedited sunset review and the People’s Republic of China (PRC) would shipments of certain cased pencils of corresponding recommendations in this be likely to lead to continuation or any shape or dimension (except as public memorandum, which is on file recurrence of dumping at the level described below) which are writing and/ electronically via the Enforcement and indicated in the ‘‘Final Results of or drawing instruments that feature Compliance Antidumping and Review’’ section of this notice. cores of graphite or other materials, Countervailing Duty Centralized DATES: Effective October 6, 2016. encased in wood and/or man-made Electronic Service System (ACCESS). materials, whether or not decorated and ACCESS is available to registered users FOR FURTHER INFORMATION CONTACT: whether or not tipped (e.g., with erasers, at http://access.trade.gov and in the Mary Kolberg, Office I, AD/CVD etc.) in any fashion, and either Central Records Unit, room B8024 of the Operations, Enforcement and sharpened or unsharpened. The pencils main Department of Commerce Compliance, International Trade subject to the order are currently building. A list of topics discussed in Administration, U.S. Department of classifiable under subheading the Issues and Decision Memorandum is Commerce, 1401 Constitution Avenue 9609.10.00 of the Harmonized Tariff included as an Appendix to this notice. NW., Washington, DC 20230; telephone: Schedule of the United States In addition, a complete version of the (202) 482–1785. (‘HTSUS’). Specifically excluded from Issues and Decision Memorandum can SUPPLEMENTARY INFORMATION: the scope of the order are mechanical be accessed directly on the Internet at Background pencils, cosmetic pencils, pens, http://enforcement.trade.gov/frn/ noncased crayons (wax), pastels, index.html. The signed Issues and On June 1, 2016, the Department charcoals, chalks, and pencils produced Decision Memorandum and the initiated a sunset review of the AD under U.S. patent number 6,217,242, electronic versions of the Issues and Order 1 on certain cased pencils from from paper infused with scents by the Decision Memorandum are identical in the PRC pursuant to section 751(c) of means covered in the above-referenced content. the Tariff Act of 1930, as amended (the patent, thereby having odors distinct Act).2 The Dixon Ticonderoga Company Final Results of Review from those that may emanate from (Dixon), as well as the General Pencil pencils lacking the scent infusion. Also Pursuant to sections 751(c)(1) and Co., Inc., Musgrave Pencil Co., and excluded from the scope of the order are 752(c)(1) and (3) of the Act, we RoseMoon, Inc., notified the Department pencils with all of the following determine that revocation of the AD of their intent to participate in the physical characteristics: (1) Length: 13.5 Order on certain cased pencils from the sunset review as domestic interested or more inches; (2) sheath diameter: not PRC would be likely to lead to parties on June 7, 2016, and June 14, less than one-and-one quarter inches at continuation or recurrence of dumping 2016, respectively, pursuant to 19 CFR any point (before sharpening); and (3) at weighted-average percent margins up 351.218(d)(1)(i).3 Each of these core length: Not more than 15 percent to 53.65 percent. companies claimed interested party of the length of the pencil. In addition, status under section 771(9)(C) of the Notification Regarding Administrative pencils with all of the following Protective Order Act, as domestic producers of the physical characteristics are excluded domestic like product. This notice serves as the only from the scope of the order: Novelty On July 1, 2016, the Department reminder to parties subject to an jumbo pencils that are octagonal in received a collective substantive administrative protective order (APO) of shape, approximately ten inches long, their responsibility concerning the one inch in diameter before sharpening, 1 See Antidumping Duty Order: Certain Cased return or destruction of proprietary and three-and-one eighth inches Pencils from the People’s Republic of China, 59 FR information disclosed under APO in 66909 (December 28, 1994) (AD Order). circumference, composed of turned accordance with 19 CFR 351.305. 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 81 wood encasing one-and-one half inches FR 34974 (June 1, 2016). Timely notification of return/ of sharpened lead on one end and a destruction of APO materials or 3 See letter from Dixon to the Department, re: rubber eraser on the other end. ‘‘Five-Year Sunset Review of Certain Cased Pencils sradovich on DSK3GMQ082PROD with NOTICES from the People’s Republic of China: Dixon Notice Although the HTSUS subheading is 5 See Memorandum to Paul Piquado, Assistant of Intent to Participate,’’ dated June 7, 2016; see also Secretary for Enforcement and Compliance, from letter from General Pencil Co., Inc., Musgrave 4 See letter from General Pencil Co., Inc., Christian Marsh, Deputy Assistant Secretary for Pencil Co. and RoseMoon, Inc., to the Department, Musgrave Pencil Co. and RoseMoon, Inc. to the Antidumping and Countervailing Duty Operations, re: ‘‘§ 751(c) Five-Year Sunset Review of the Department, re: ‘‘§ 751(c) Five-Year Sunset Review ‘‘Issues and Decision Memorandum for the Final Antidumping Duty Order Against Cased Pencils of the Antidumping Duty Order Against Cased Results of the Expedited Five-Year Sunset Review from the People’s Republic of China; Notice of Pencils from the People’s Republic of China; of the Antidumping Duty Order on Certain Cased Appearance and Intent to Participate,’’ dated June Substantive Response of Domestic Interested Pencils from the People’s Republic of China,’’ dated 14, 2016. Parties,’’ dated July 1, 2016. September 29, 2016. VerDate Sep<11>2014 18:46 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\06OCN1.SGM 06OCN1

69514 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Notices conversion to judicial protective order is Commerce at (202) 482–7890; email: concerning the REEEAC’s affairs at any hereby requested. Failure to comply Victoria.Gunderson@trade.gov. time before or after the meeting. with the regulations and the terms of an SUPPLEMENTARY INFORMATION: Comments may be submitted to the APO is a sanctionable violation. Background: The Secretary of Renewable Energy and Energy We are issuing and publishing these Commerce established the REEEAC Efficiency Advisory Committee, c/o: final results and notice in accordance pursuant to discretionary authority and Victoria Gunderson, Designated Federal with sections 751(c), 752(c), and in accordance with the Federal Officer, Office of Energy and 777(i)(1) of the Act, and 19 CFR Advisory Committee Act, as amended (5 Environmental Industries, U.S. 351.218. U.S.C. App.), on July 14, 2010. The Department of Commerce; 1401 Dated: September 29, 2016. REEEAC was re-chartered on June 18, Constitution Avenue NW.; Mail Stop: Paul Piquado, 2012, June 12, 2014, and June 9, 2016. 4053; Washington, DC 20230. To be The REEEAC provides the Secretary of considered during the meeting, written Assistant Secretary for Enforcement and Compliance. Commerce with consensus advice from comments must be received no later the private sector on the development than 5:00 p.m. EST on Monday, Appendix—List of Topics Discussed in and administration of programs and November 21, 2016, to ensure the Issues and Decision Memorandum policies to enhance the export transmission to the Committee prior to I. Summary competitiveness of the U.S. renewable the meeting. Comments received after II. History of the Order energy and energy efficiency industries. that date will be distributed to the III. Background During the December 1st meeting of members but may not be considered at IV. Scope of the Order the REEEAC, committee members will the meeting. V. Discussion of the Issues hold the first meeting of its new charter Copies of RE&EEAC meeting minutes 1. Likelihood of Continuation or term and discuss REEEAC operational will be available within 30 days Recurrence of Dumping following the meeting. 2. Magnitude of the Margins Likely To structure, hear from Department of Prevail Commerce officials and interagency Dated: October 3, 2016. VI. Final Results of Review partners on major issues impacting the Edward A. O’Malley, VII. Recommendation competitiveness of the U.S. renewable Director, Office of Energy and Environmental [FR Doc. 2016–24248 Filed 10–5–16; 8:45 am] energy and energy efficiency industries, Industries. BILLING CODE 3510–DS–P recommend the Sub-Committee [FR Doc. 2016–24252 Filed 10–5–16; 8:45 am] structure, and select their BILLING CODE 3510–DR–P recommendations for Committee Chair DEPARTMENT OF COMMERCE and Sub-Committee leadership. The meeting will be open to the DEPARTMENT OF COMMERCE International Trade Administration public and will be accessible to people with disabilities. All guests are required National Oceanic and Atmospheric Renewable Energy and Energy to register in advance by the deadline Administration Efficiency Advisory Committee identified under the DATES caption. Requests for auxiliary aids must be Submission for OMB Review; AGENCY: International Trade Comment Request submitted by the registration deadline. Administration, U.S. Department of Last minute requests will be accepted, Commerce. The Department of Commerce will but may be impossible to fill. ACTION: Notice of an open meeting. submit to the Office of Management and A limited amount of time before the Budget (OMB) for clearance the SUMMARY: The Renewable Energy and close of the meeting will be available for following proposal for collection of Energy Efficiency Advisory Committee pertinent oral comments from members information under the provisions of the (REEEAC) will hold a meeting on of the public attending the meeting. To Paperwork Reduction Act (44 U.S.C. Thursday, December 1, 2016 at the U.S. accommodate as many speakers as Chapter 35). Department of Commerce Herbert C. possible, the time for public comments will be limited to two to five minutes Agency: National Oceanic and Hoover Building in Washington, DC. Atmospheric Administration (NOAA). The meeting is open to the public with per person (depending on number of public participants). Individuals Title: Electronic Monitoring Systems registration instructions provided for Atlantic Highly Migratory Species below. wishing to reserve speaking time during the meeting must contact Ms. (HMS) Fisheries. DATES: December 1, 2016, from Gunderson and submit a brief statement OMB Control Number: 0648–0372. approximately 8:30 a.m. to 5:00 p.m. of the general nature of the comments, Form Number(s): None. Eastern Standard Time (EST). Members as well as the name and address of the Type of Request: Regular (revision of the public wishing to participate proposed participant by 5:00 p.m. EST and extension of a currently approved must register in advance with Victoria on Monday, November 21, 2016. If the information collection). Gunderson at the contact information number of registrants requesting to Number of Respondents: 194. below by 5:00 p.m. EST on Friday, make statements is greater than can be Average Hours per Response: Four November 24, 2016, in order to pre- reasonably accommodated during the hours for initial VMS installation; 5 register, including any requests to make meeting, the International Trade minutes per VMS initial activation comments during the meeting or for Administration may conduct a lottery to checklist; 2 minutes per VMS hail-out/ sradovich on DSK3GMQ082PROD with NOTICES accommodations or auxiliary aids. determine the speakers. Speakers are hail-in declaration; 6 hours for FOR ALL FURTHER INFORMATION, PLEASE requested to submit a copy of their oral electronic monitoring installation; 5 CONTACT: Victoria Gunderson, comments by email to Ms. Gunderson minutes for VMS pelagic longline Designated Federal Officer, Office of for distribution to the participants in bluefin tuna catch reporting; 15 minutes Energy and Environmental Industries advance of the meeting. for VMS purse seine bluefin tuna catch (OEEI), International Trade Any member of the public may records; 1 minute for dockside review of Administration, U.S. Department of submit pertinent written comments bluefin tuna catch records previously VerDate Sep<11>2014 18:46 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\06OCN1.SGM 06OCN1


Document Created: 2016-10-06 02:38:13
Document Modified: 2016-10-06 02:38:13
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 October 6, 2016.
ContactMary Kolberg, Office I, AD/CVD Operations, 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 69513 
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