81 FR 74764 - Certain Cased Pencils From the People's Republic of China: Final Results of Antidumping Duty New Shipper Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 208 (October 27, 2016)
International Trade Administration
Federal Register Volume 81, Issue 208 (October 27, 2016)
| Page Range | 74764-74765 | |
| FR Document | 2016-26024 |
[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)] [Notices] [Pages 74764-74765] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26024] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-827] Certain Cased Pencils From the People's Republic of China: Final Results of Antidumping Duty New Shipper Review; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On June 10, 2016, the Department of Commerce (the Department) published the preliminary results of the new shipper review of the antidumping duty order on certain cased pencils from the People's Republic of China. This review covers one company, Wah Yuen Stationery Co., Ltd. and its affiliated producer, Shandong Wah Yuen Stationery Co., Ltd. (collectively, Wah Yuen), for the period of review (POR) December 1, 2014, through May 31, 2015. We invited interested parties to comment on the Preliminary Results. Based upon our analysis of the comments received, we made changes to the margin calculations for the final results. As a result of these changes, we find that the exporter Wah Yuen made a sale of subject merchandise at below normal value during the POR. DATES: Effective October 27, 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. SUPPLEMENTAL INFORMATION: Background The Department published its Preliminary Results in this new shipper review on June 10, 2016.\1\ Wah Yuen and the Dixon Ticonderoga Company, the petitioner, filed case briefs on August 12, 2016.\2\ We received a rebuttal brief from Wah Yuen on August 22, 2016.\3\ --------------------------------------------------------------------------- \1\ See Certain Cased Pencils From the People's Republic of China: Preliminary Results of Antidumping Duty New Shipper Review; 2014-2015, 81 FR 37573, June 10, 2016. \2\ See letter from Dixon, re: ``Certain Cased Pencils from the People's Republic of China, New Shipper Review NSR 12/01/2014-05/31/ 2015: Case Brief of Dixon Ticonderoga Company,'' dated August 12, 2016 (Dixon's case brief); see also letter from Wah Yuen, re: ``Certain Cased Pencils from the People's Republic of China: Administrative Case Brief of Wah Yuen Stationery Co. Ltd.,'' dated August 12, 2016 (Wah Yuen's case brief). \3\ See letter from Wah Yuen, re: ``Certain Cased Pencils from the People's Republic of China: Administrative Case Rebuttal Brief of Wah Yuen Stationery Co., Ltd,'' dated August 22, 2016. --------------------------------------------------------------------------- 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 Issues and Decision Memorandum.\4\ Although the HTSUS subheadings are provided for convenience and customs purposes, the written product description is dispositive. --------------------------------------------------------------------------- \4\ See Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, re: ``Issues and Decision Memorandum for Final Results of Antidumping Duty New Shipper Review: Certain Cased Pencils from the People's Republic of China,'' dated October 20, 2016 (Issues and Decision Memorandum). --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this review are addressed in the Issues and Decision Memorandum. A list of the issues which parties raised is attached to this notice as an appendix. The Issues and Decision Memorandum is a public document and is on file in the Department's Central Records Unit, B8024 of the main Department of Commerce building, as well as available electronically via [[Page 74765]] Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and it is available to all parties. 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 version of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on a review of the record and the comments received from interested parties regarding our Preliminary Results, and for the reasons explained in the Issues and Decision Memorandum, we revised the margin calculations for Wah Yuen.\5\ --------------------------------------------------------------------------- \5\ See Issues and Decision Memorandum. --------------------------------------------------------------------------- Final Results of New Shipper Review The dumping margin for the final results of the new shipper review for the period of review December 1, 2014, through May 31, 2015, is as follows: ------------------------------------------------------------------------ Weighted average Exporter Producer dumping margin (percent) ------------------------------------------------------------------------ Wah Yuen Stationery Co., Ltd.... Shandong Wah Yuen 33.86 Stationery Co., Ltd. ------------------------------------------------------------------------ Disclosure The Department will disclose the analysis performed for these final results to the parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b) of the Department's regulations. Assessment Rates Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.212(b), the Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise, in accordance with the final results of this review. 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. For Wah Yuen, which has a dumping margin which is not zero or de minimis (i.e., less than 0.50 percent), we calculated importer- (or customer-) specific assessment rates based on the ratio of the total amount of dumping calculated for the importer's examined sales to the total 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.\6\ Where an importer (or customer)-specific ad valorem rate is zero or de minimis, the Department will instruct CBP to liquidate appropriate entries without regard to antidumping duties.\7\ --------------------------------------------------------------------------- \6\ See 19 CFR 351.212(b)(1). \7\ See 19 CFR 351.106(c)(2). --------------------------------------------------------------------------- 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: (1) For merchandise produced by Shandong Wah Yuen Stationery Co., Ltd. and exported by Wah Yuen Stationery Co., Ltd., the cash deposit rate will be the rate established in the final results of this review; (2) for subject merchandise exported by Wah Yuen Stationery Co., Ltd. but not produced by Shandong Wah Yuen Stationery Co., Ltd., the cash deposit rate will be that for the PRC-wide entity (i.e., 114.90 percent); and (3) for subject merchandise produced by Shandong Wah Yuen Stationery Co., Ltd. but not exported by Wah Yuen Stationery Co., Ltd., the cash deposit rate will be that applicable to the exporter. 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 Order 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. We are issuing and publishing these results and this notice in accordance with sections 751(a)(2)(B) and 777(i) of the Act, and 19 CFR 351.214. Dated: October 20, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix--List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Issues Comment 1: Whether Wah Yuen Is Entitled to a New Shipper Review Comment 2: Whether the Surrogate Value for Brokerage and Handling Was Calculated Correctly Comment 3: Whether Wah Yuen Is Entitled to a By-Product Offset for Slat Scrap Comment 4: Whether the Values for Alkyd Resin and Acrylic Resin Were Calculated Correctly Comment 5: Whether the Packed Weight of One Gross of Pencils Should Be Adjusted by the Weight of the By-Product Scrap V. Recommendation [FR Doc. 2016-26024 Filed 10-26-16; 8:45 am] BILLING CODE 3510-DS-P
![74764 Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Notices
On April 5, 2016, the Department of extending the provisional measures SUPPLEMENTAL INFORMATION:
Commerce (the Department) initiated an from a four-month period to a period of
Background
antidumping duty investigation of not more than six months. Accordingly,
imports of phosphor copper from the we will issue our final determination no The Department published its
Republic of Korea (Korea).1 The period later than February 27, 2017.4 Preliminary Results in this new shipper
of investigation is January 1, 2015, This notice is issued and published review on June 10, 2016.1 Wah Yuen
through December 31, 2015. On October pursuant to section 735(a)(2)(A) of the and the Dixon Ticonderoga Company,
5, 2016, the Department published its Act and 19 CFR 351.210(g). the petitioner, filed case briefs on
affirmative Preliminary Determination Dated: October 24, 2016. August 12, 2016.2 We received a
in the LTFV investigation of phosphor rebuttal brief from Wah Yuen on August
Ronald K. Lorentzen,
copper from Korea.2 On October 12 and 22, 2016.3
Acting Assistant Secretary for Enforcement
October 19, 2016, Bongsan Co., Ltd. and Compliance. Scope of the Order
(Bongsan), the sole mandatory [FR Doc. 2016–26027 Filed 10–26–16; 8:45 am]
respondent in this investigation, Imports covered by this order are
requested that the Department fully
BILLING CODE 3510–DS–P shipments of certain cased pencils of
extend the deadline for the final any shape or dimension which are
determination and extend the writing and/or drawing instruments that
DEPARTMENT OF COMMERCE feature cores of graphite or other
application of the provisional measures
from a four-month period to a period of materials, encased in wood and/or man-
International Trade Administration
not more than six months.3 made materials, whether or not
[A–570–827] decorated and whether or not tipped
Postponement of Final Determination (e.g., with erasers, etc.) in any fashion,
Section 735(a)(2)(B) of the Tariff Act Certain Cased Pencils From the and either sharpened or unsharpened.
of 1930, as amended (the Act), and 19 People’s Republic of China: Final The pencils subject to the order are
CFR 351.210(b)(2)(ii) provide that a final Results of Antidumping Duty New currently classifiable under subheading
determination may be postponed until Shipper Review; 2014–2015 9609.10.00 of the Harmonized Tariff
not later than 135 days after the date of AGENCY: Enforcement and Compliance, Schedule of the United States (HTSUS).
the publication of the preliminary International Trade Administration, A full description of the scope of the
determination if, in the event of an Department of Commerce. order is contained in the Issues and
affirmative preliminary determination, a SUMMARY: On June 10, 2016, the Decision Memorandum.4 Although the
request for such postponement is made Department of Commerce (the HTSUS subheadings are provided for
by the exporters or producers who Department) published the preliminary convenience and customs purposes, the
account for a significant proportion of results of the new shipper review of the written product description is
exports of the subject merchandise. antidumping duty order on certain dispositive.
Further, 19 CFR 351.210(e)(2) requires cased pencils from the People’s Analysis of Comments Received
that such postponement requests by Republic of China. This review covers
exporters be accompanied by a request one company, Wah Yuen Stationery Co., All issues raised in the case and
for extension of provisional measures Ltd. and its affiliated producer, rebuttal briefs by parties in this review
from a four-month period to a period of Shandong Wah Yuen Stationery Co., are addressed in the Issues and Decision
not more than six months, in Ltd. (collectively, Wah Yuen), for the Memorandum. A list of the issues which
accordance with section 733(d) of the period of review (POR) December 1, parties raised is attached to this notice
Act. 2014, through May 31, 2015. We invited as an appendix. The Issues and Decision
In accordance with section interested parties to comment on the Memorandum is a public document and
735(a)(2)(B) of the Act and 19 CFR Preliminary Results. Based upon our is on file in the Department’s Central
351.210(b)(2)(ii), because (1) our analysis of the comments received, we Records Unit, B8024 of the main
preliminary determination was made changes to the margin calculations Department of Commerce building, as
affirmative; (2) the request was made by for the final results. As a result of these well as available electronically via
the exporter/producer who accounts for changes, we find that the exporter Wah 1 See Certain Cased Pencils From the People’s
a significant proportion of exports of the Yuen made a sale of subject Republic of China: Preliminary Results of
subject merchandise; and (3) no merchandise at below normal value Antidumping Duty New Shipper Review; 2014–
compelling reasons for denial exist, we during the POR. 2015, 81 FR 37573, June 10, 2016.
are postponing the final determination DATES: Effective October 27, 2016.
2 See letter from Dixon, re: ‘‘Certain Cased Pencils
until no later than 135 days after the from the People’s Republic of China, New Shipper
FOR FURTHER INFORMATION CONTACT: Review NSR 12/01/2014–05/31/2015: Case Brief of
date of the publication of the Mary Kolberg, AD/CVD Operations, Dixon Ticonderoga Company,’’ dated August 12,
Preliminary Determination and Office I, Enforcement and Compliance, 2016 (Dixon’s case brief); see also letter from Wah
Yuen, re: ‘‘Certain Cased Pencils from the People’s
1 See Phosphor Copper from the Republic of
International Trade Administration, Republic of China: Administrative Case Brief of
Korea: Initiation of Less-Than-Fair-Value
U.S. Department of Commerce, 1401 Wah Yuen Stationery Co. Ltd.,’’ dated August 12,
Investigation, 81 FR 19552 (April 5, 2016). Constitution Avenue NW., Washington, 2016 (Wah Yuen’s case brief).
2 See Phosphor Copper from the Republic of DC 20230; telephone: (202) 482–1785. 3 See letter from Wah Yuen, re: ‘‘Certain Cased
Korea: Affirmative Preliminary Determination of Pencils from the People’s Republic of China:
Sales at Less Than Fair Value, Negative Preliminary 4 Postponing the final determination to 135 days Administrative Case Rebuttal Brief of Wah Yuen
Determination of Critical Circumstances, 81 FR Stationery Co., Ltd,’’ dated August 22, 2016.
sradovich on DSK3GMQ082PROD with NOTICES
after the publication of the Preliminary
71049 (October 14, 2016) (Preliminary Determination would place the deadline on 4 See Memorandum to Ronald K. Lorentzen,
Determination). Sunday, February 26, 2017. The Department’s Acting Assistant Secretary for Enforcement and
3 See the letter from Bongsan titled, ‘‘Phosphor
practice dictates that where a deadline falls on a Compliance from Christian Marsh, Deputy Assistant
Copper from the Republic of Korea: Request for weekend or federal holiday, the appropriate Secretary for Antidumping and Countervailing Duty
Extension of Final Determination Deadline,’’ dated deadline is the next business day. See Notice of Operations, re: ‘‘Issues and Decision Memorandum
October 12, 2016; see also letter from Bongsan tiled, Clarification: Application of ‘‘Next Business Day’’ for Final Results of Antidumping Duty New
‘‘Phosphor Copper from the Republic of Korea: Rule for Administrative Determination Deadlines Shipper Review: Certain Cased Pencils from the
Amended Request for Extension of Final Pursuant to the Tariff Act of 1930, As Amended, 70 People’s Republic of China,’’ dated October 20,
Determination Deadline,’’ dated October 19, 2016. FR 24533 (May 10, 2005). 2016 (Issues and Decision Memorandum).
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![Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Notices 74765
Enforcement and Compliance’s enforcement.trade.gov/frn/index.html. Results, and for the reasons explained in
Antidumping and Countervailing Duty The signed Issues and Decision the Issues and Decision Memorandum,
Centralized Electronic Service System Memorandum and the electronic we revised the margin calculations for
(ACCESS). ACCESS is available to version of the Issues and Decision Wah Yuen.5
registered users at http:// Memorandum are identical in content.
Final Results of New Shipper Review
access.trade.gov, and it is available to
Changes Since the Preliminary Results
all parties. In addition, a complete The dumping margin for the final
version of the Issues and Decision Based on a review of the record and results of the new shipper review for the
Memorandum can be accessed directly the comments received from interested period of review December 1, 2014,
on the Internet at http:// parties regarding our Preliminary through May 31, 2015, is as follows:
Weighted average
Exporter Producer dumping margin
(percent)
Wah Yuen Stationery Co., Ltd ............................................... Shandong Wah Yuen Stationery Co., Ltd .............................. 33.86
Disclosure for consumption on or after the is hereby requested. Failure to comply
The Department will disclose the publication date, as provided by section with the regulations and the terms of an
analysis performed for these final 751(a)(2)(C) of the Act: (1) For APO is a violation subject to sanction.
results to the parties within five days of merchandise produced by Shandong We are issuing and publishing these
the date of publication of this notice in Wah Yuen Stationery Co., Ltd. and results and this notice in accordance
accordance with 19 CFR 351.224(b) of exported by Wah Yuen Stationery Co., with sections 751(a)(2)(B) and 777(i) of
the Department’s regulations. Ltd., the cash deposit rate will be the the Act, and 19 CFR 351.214.
rate established in the final results of Dated: October 20, 2016.
Assessment Rates this review; (2) for subject merchandise Ronald K. Lorentzen,
Pursuant to section 751(a)(2)(C) of the exported by Wah Yuen Stationery Co., Acting Assistant Secretary for Enforcement
Tariff Act of 1930, as amended (the Act) Ltd. but not produced by Shandong and Compliance.
and 19 CFR 351.212(b), the Department Wah Yuen Stationery Co., Ltd., the cash
will determine, and U.S. Customs and deposit rate will be that for the PRC- Appendix—List of Topics Discussed in
Border Protection (CBP) shall assess, wide entity (i.e., 114.90 percent); and (3) the Issues and Decision Memorandum
antidumping duties on all appropriate for subject merchandise produced by I. Summary
entries of subject merchandise, in Shandong Wah Yuen Stationery Co., II. Background
accordance with the final results of this Ltd. but not exported by Wah Yuen III. Scope of the Order
review. The Department intends to issue Stationery Co., Ltd., the cash deposit IV. Discussion of the Issues
assessment instructions to CBP 15 days rate will be that applicable to the Comment 1: Whether Wah Yuen Is Entitled
to a New Shipper Review
after the date of publication of the final exporter. These cash deposit
Comment 2: Whether the Surrogate Value
results of this new shipper review. requirements, when imposed, shall for Brokerage and Handling Was
For Wah Yuen, which has a dumping remain in effect until further notice. Calculated Correctly
margin which is not zero or de minimis Comment 3: Whether Wah Yuen Is Entitled
(i.e., less than 0.50 percent), we Notification to Importers
to a By-Product Offset for Slat Scrap
calculated importer- (or customer-) This notice also serves as a reminder Comment 4: Whether the Values for Alkyd
specific assessment rates based on the to importers of their responsibility Resin and Acrylic Resin Were Calculated
ratio of the total amount of dumping under 19 CFR 351.402(f)(2) to file a Correctly
calculated for the importer’s examined certificate regarding the reimbursement Comment 5: Whether the Packed Weight of
sales to the total entered value of those of antidumping duties prior to One Gross of Pencils Should Be Adjusted
by the Weight of the By-Product Scrap
sales, in accordance with 19 CFR liquidation of the relevant entries
V. Recommendation
351.212(b)(1). Where an importer- during the POR. Failure to comply with
specific ad valorem rate is not zero or this requirement could result in the [FR Doc. 2016–26024 Filed 10–26–16; 8:45 am]
de minimis, the Department will Department’s presumption that BILLING CODE 3510–DS–P
instruct CBP to collect the appropriate reimbursement of antidumping duties
antidumping duties at the time of occurred and the subsequent assessment
liquidation.6 Where an importer (or of double antidumping duties. DEPARTMENT OF COMMERCE
customer)-specific ad valorem rate is International Trade Administration
Notification Regarding Administrative
zero or de minimis, the Department will
Protective Order
instruct CBP to liquidate appropriate Subsidy Programs Provided by
entries without regard to antidumping This notice serves as a reminder to Countries Exporting Softwood Lumber
duties.7 parties subject to an administrative and Softwood Lumber Products to the
protective order (APO) of their United States; Request for Comment
Cash Deposit Requirements responsibility concerning the
The following cash deposit disposition of proprietary information AGENCY: Enforcement and Compliance,
sradovich on DSK3GMQ082PROD with NOTICES
requirements will be effective upon disclosed under APO in accordance International Trade Administration,
publication of the final results of this with 19 CFR 351.305(a)(3). Timely Department of Commerce.
new shipper review for shipments of the written notification of the return or SUMMARY: The Department of Commerce
subject merchandise from the PRC destruction of APO materials, or (Department) seeks public comment on
entered, or withdrawn from warehouse, conversion to judicial protective order, any subsidies, including stumpage
5 See Issues and Decision Memorandum. 6 See 19 CFR 351.212(b)(1). 7 See 19 CFR 351.106(c)(2).
VerDate Sep<11>2014 17:43 Oct 26, 2016 Jkt 241001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.SGM 27OCN1](https://thefederalregister.org/doc/81_FR_74972/page/2.svg)
Document Created: 2016-10-27 01:52:09
Document Modified: 2016-10-27 01:52:09
| 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 | |
| Dates | Effective October 27, 2016. | |
| 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. | |
| FR Citation | 81 FR 74764 |
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