82 FR 24675 - Certain Cased Pencils From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 102 (May 30, 2017)

On November 21, 2016, the Department of Commerce (the Department) published the preliminary results and rescission, in part, of the administrative review of the antidumping duty order on certain cased pencils (pencils) from the People's Republic of China (PRC). This review covers one company, Shandong Rongxin Import & Export Co., Ltd. (Rongxin), for the period of review (POR) December 1, 2014, through November 30, 2015. The Department continues to find that Rongxin has not established its eligibility for a separate rate, and, thus, should be treated as part of the PRC-wide entity.

[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Notices]
[Pages 24675-24677]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11053]


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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 Antidumping Duty Administrative Review; 2014-2015

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

SUMMARY: On November 21, 2016, the Department of Commerce (the 
Department) published the preliminary results and rescission, in part, 
of the administrative review of the antidumping duty order on certain 
cased pencils (pencils) from the People's Republic of China (PRC). This 
review covers one company, Shandong Rongxin Import & Export Co., Ltd. 
(Rongxin), for the period of review (POR) December 1, 2014, through 
November 30, 2015. The Department continues to find that Rongxin has 
not established its eligibility for a separate rate, and, thus, should 
be treated as part of the PRC-wide entity.

DATES: Effective May 30, 2017.

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

SUPPLEMENTARY INFORMATION: 

Background

    The Department published its Preliminary Results in this 
administrative review on November 21, 2016.\1\ We invited interested 
parties to comment on the preliminary results. Rongxin filed a case 
brief on December 21, 2016.\2\ We received a rebuttal brief from Dixon 
Ticonderoga Company (Dixon), a petitioner in the underlying

[[Page 24676]]

investigation, on December 28, 2016.\3\ The Department found that 
Dixon's rebuttal brief contained untimely filed new factual information 
and requested that Dixon resubmit its rebuttal brief without this 
information.\4\ Dixon submitted its revised rebuttal brief on January 
17, 2017.\5\ On March 10, 2017, we determined that additional time was 
necessary to analyze the arguments submitted by parties and extended 
the deadline for completion of the final results by 60 days to May 22, 
2017.\6\
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    \1\ See Certain Cased Pencils from the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative Review 
and Partial Rescission; 2014-2015, 81 FR 83201 (November 21, 2016) 
(Preliminary Results).
    \2\ See Letter from Rongxin, re: ``Cased Pencils from the 
People's Republic of China: CASE BRIEF,'' dated December 21, 2016.
    \3\ See Letter from Dixon, ``Certain Cased Pencils from the 
People's Republic of China, Administrative Review POR 12/01/14-11/
30/15: Rebuttal Brief of Dixon Ticonderoga Company,'' dated December 
28, 2016.
    \4\ See Letter from the Department to Dixon, ``Rebuttal Brief: 
Certain Cased Pencils from the People's Republic of China, 2014-2015 
Administrative Review,'' dated January 11, 2017.
    \5\ See Letter from Dixon, ``Certain Cased Pencils from the 
People's Republic of China, Administrative Review POR 12/01/14-11/
3015: Revised Rebuttal Brief of Dixon Ticonderoga Company,'' dated 
January 17, 2017.
    \6\ See Memorandum, ``Cased Pencils from the People's Republic 
of China: Extension of Time Limit for Final Results of the 
Antidumping Duty Administrative Review,'' dated March 10, 2017.
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Scope of the Order

    The merchandise subject to the order includes certain cased pencils 
from the PRC. The subject merchandise is currently classifiable under 
Harmonized Tariff Schedule of the United States (HTSUS) subheading 
9609.1010. A full description of the scope of the order is contained in 
the Issues and Decision Memorandum.\7\ Although the HTSUS subheadings 
are provided for convenience and customs purposes, the written product 
description is dispositive.
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    \7\ See Memorandum, ``Issues and Decision Memorandum for Final 
Results of Antidumping Duty Administrative Review: Certain Cased 
Pencils from the People's Republic of China; 2014-2015,'' dated 
concurrently with and hereby adopted by this notice (Issues and 
Decision Memorandum).
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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, which 
is hereby adopted by this notice. 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 electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov, and it is available to 
all parties in the Central Records Unit, Room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the Internet 
at http://trade.gov/enforcement.

Final Results of Review

    The Department continues to find that Rongxin has not established 
its eligibility for a separate rate and is part of the PRC-wide entity. 
The rate applicable to the PRC-wide entity is 114.90 percent.\8\
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    \8\ See Notice of Amended Final Results and Partial Rescission 
of Antidumping Duty Administrative Review: Certain Cased Pencils 
from the People's Republic of China, 67 FR 59049 (September 19, 
2002). The Department's change in policy regarding conditional 
review of the PRC-wide entity applies to this review. See 
Antidumping Proceedings: Announcement of Change in Department 
Practice for Respondent Selection in Antidumping Duty Proceedings 
and Conditional Review of the Nonmarket Economy Entity in NME 
Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). Under 
this policy, the PRC-wide entity will not be under review unless a 
party specifically requests, or the Department self-initiates, a 
review of the entity. See Notice of Amended Final Results and 
Partial Rescission of Antidumping Duty Administrative Review: 
Certain Cased Pencils from the People's Republic of China, 67 FR 
59049 (September 19, 2002).
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Assessment Rates

    Upon issuing the final results of review, the Department will 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\9\ The Department intends to issue appropriate assessment 
instructions to CBP 15 days after publication of the final results of 
review. In particular, we intend to instruct CBP to liquidate entries 
of subject merchandise exported by Rongxin during the POR, at the 
current rate for the PRC-wide entity (i.e., 114.90 percent).
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    \9\ See section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended, (the Act), and 19 CFR 351.212(b)(1).
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    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.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative 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 previously 
investigated or reviewed PRC and non-PRC exporters not listed above 
that received a separate rate in a prior segment of this proceeding, 
the cash deposit rate will continue to be the existing exporter-
specific rate; (2) for all PRC exporters of subject merchandise that 
have not established their eligibility for a separate rate, the cash 
deposit rate will be that for the PRC-wide entity (i.e.,114.90 
percent); and (3) for all non-PRC exporters of subject merchandise 
which have not received their own rate, the cash deposit rate will be 
the rate applicable to the PRC exporter that supplied that non-PRC 
exporter. These cash deposit requirements, when imposed, shall remain 
in effect until further notice.

Notification to Importers

    This notice also serves as a final 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 this review period. 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.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213, and 
351.221(b)(5).

    Dated: May 22, 2017.
Gary Taverman
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix I

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 Dixon Has Standing as an Interested Party to 
Request an Administrative Review of Rongxin
    Comment 2: Whether Rongxin is Eligible for a Separate Rate

[[Page 24677]]

    Comment 3: Whether the Department is Required to Treat China as 
a Market-Economy Country
V. Recommendation

[FR Doc. 2017-11053 Filed 5-26-17; 8:45 am]
BILLING CODE 3510-DS-P