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)

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, 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