82 FR 41608 - Certain Cased Pencils From the People's Republic of China: Continuation of Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 169 (September 1, 2017)

Page Range		41608-41609
FR Document		2017-18588

As a result of the determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on certain cased pencils from the People's Republic of China (PRC) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing this notice of continuation of the AD order.

Federal Register, Volume 82 Issue 169 (Friday, September 1, 2017)

[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Notices]
[Pages 41608-41609]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18588]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-827]


Certain Cased Pencils From the People's Republic of China: 
Continuation of Antidumping Duty Order

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) order on certain cased 
pencils from the People's Republic of China (PRC) would likely lead to 
a continuation or recurrence of dumping and material injury to an 
industry in the United States, the Department is publishing this notice 
of continuation of the AD order.

DATES: Applicable September 1, 2017.

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 December 28, 1994, the Department published the AD order on 
certain cased pencils from the PRC.\1\ On June 1, 2016, the Department 
published the notice of initiation of the fourth sunset review of the 
Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended 
(the Act).\2\ As a result of its review, the Department determined that 
revocation of the Order would likely lead to a continuation or 
recurrence of dumping.\3\ The Department, therefore, notified the ITC 
of the magnitude of the margins likely to prevail should the Order be 
revoked. On August 17, 2017, the ITC determined that revoking the Order 
on certain cased pencils from the PRC would be likely to lead to 
continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time.\4\
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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) (Order).
    \2\ See Initiation of Five-Year (Sunset) Review, 81 FR 34974 
(June 1, 2016).
    \3\ See Certain Cased Pencils from the People's Republic of 
China: Final Results of Expedited Sunset Review of the Antidumping 
Duty Order, 81 FR 69513 (October 6, 2016), and accompanying Issues 
and Decision Memorandum.
    \4\ See Cased Pencils from China, Inv. No. 731-TA-669 (Fourth 
Review), 82 FR 40019 (August 23, 2017).
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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, non-cased 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

[[Page 41609]]

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 in 
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. The 
HTSUS subheadings are provided for convenience and customs purposes 
only; the written description of the merchandise covered by the scope 
of the Order is dispositive.

Continuation of the Order

    As a result of the determinations by the Department and the ITC 
that revocation of the Order would likely lead to continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), 
the Department hereby orders the continuation of the Order on certain 
cased pencils from the PRC. U.S. Customs and Border Protection will 
continue to collect AD cash deposits at the rates in effect at the time 
of entry for all imports of subject merchandise.
    The effective date of the continuation of the Order will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, the Department 
intends to initiate the next five-year review of the Order not later 
than 30 days prior to the fifth anniversary of the effective date of 
continuation.
    This five-year sunset review and this notice are in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act and 19 CFR 351.218(f)(4).

    Dated: August 28, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-18588 Filed 8-31-17; 8:45 am]
 BILLING CODE 3510-DS-P

41608 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices

Although the HTSUS subheadings are sections 751(c), 752(c), and 777(i)(1) of certain cased pencils from the PRC.1 On
provided for convenience and customs the Act and 19 CFR 351.218. June 1, 2016, the Department published
purposes, the written description of the Dated: August 28, 2017. the notice of initiation of the fourth
merchandise under the Order is Gary Taverman,
sunset review of the Order, pursuant to
dispositive. section 751(c) of the Tariff Act of 1930,
Deputy Assistant Secretary for Antidumping
as amended (the Act).2 As a result of its
Analysis of Comments Received and Countervailing Duty Operations,
performing the non-exclusive functions and review, the Department determined that
A complete discussion of all issues duties of the Assistant Secretary for revocation of the Order would likely
raised in this sunset review, including Enforcement and Compliance. lead to a continuation or recurrence of
the likelihood of continuation or dumping.3 The Department, therefore,
recurrence of dumping in the event of Appendix notified the ITC of the magnitude of the
revocation of the AD Order and the List of Topics Discussed in the Issues and margins likely to prevail should the
magnitude of the margins likely to Decision Memorandum Order be revoked. On August 17, 2017,
prevail if the AD Order were revoked, is I. Summary the ITC determined that revoking the
provided in the Issues and Decision II. Background Order on certain cased pencils from the
Memorandum, which is hereby adopted III. Scope of the Order PRC would be likely to lead to
by this notice.5 A list of topics included IV. History of the Order continuation or recurrence of material
in the Issues and Decision V. Discussion of the Issues injury to an industry in the United
Memorandum is included as an 1. Likelihood of Continuation or States within a reasonably foreseeable
appendix to this notice. The Issues and Recurrence of Dumping time.4
Decision Memorandum is a public 2. Magnitude of the Margins Likely to
document and is on file electronically Prevail Scope of the Order
VI. Final Results of Sunset Review
via Enforcement and Compliance’s Imports covered by the Order are
VII. Recommendation
Antidumping and Countervailing Duty [FR Doc. 2017–18590 Filed 8–31–17; 8:45 am]
shipments of certain cased pencils of
Centralized Electronic Services System any shape or dimension (except as
BILLING CODE 3510–DS–P
(ACCESS). ACCESS is available to described below) which are writing and/
registered users at http:// or drawing instruments that feature
access.trade.gov and to all parties in the DEPARTMENT OF COMMERCE cores of graphite or other materials,
Central Records Unit, room B8024 of the encased in wood and/or man-made
main Department of Commerce International Trade Administration materials, whether or not decorated and
building. In addition, a complete whether or not tipped (e.g., with erasers,
version of the Issues and Decision etc.) in any fashion, and either
[A–570–827]
Memorandum can be accessed on the sharpened or unsharpened. The pencils
Internet at http://enforcement.trade.gov/ Certain Cased Pencils From the subject to the Order are currently
frn/. The signed Issues and Decision People’s Republic of China: classifiable under subheading
Memorandum and the electronic Continuation of Antidumping Duty 9609.10.00 of the Harmonized Tariff
version of the Issues and Decision Order Schedule of the United States (HTSUS).
Memorandum are identical in content. Specifically excluded from the scope of
AGENCY: Enforcement and Compliance, the Order are mechanical pencils,
Final Results of Sunset Review International Trade Administration, cosmetic pencils, pens, non-cased
Pursuant to section 751(c)(1) and Department of Commerce. crayons (wax), pastels, charcoals,
752(c)(1) and (3) of the Act, the chalks, and pencils produced under
SUMMARY: As a result of the
Department determines that revocation U.S. patent number 6,217,242, from
determinations by the Department of
of the AD Order would be likely to lead paper infused with scents by the means
Commerce (the Department) and the
to continuation or recurrence of covered in the above-referenced patent,
International Trade Commission (ITC)
dumping, and that the magnitude of the thereby having odors distinct from those
that revocation of the antidumping duty
dumping margins likely to prevail that may emanate from pencils lacking
(AD) order on certain cased pencils from
would be weighted-average dumping the scent infusion. Also excluded from
the People’s Republic of China (PRC)
margins up to 31.21 percent. the scope of the Order are pencils with
would likely lead to a continuation or
all of the following physical
Notification to Interested Parties recurrence of dumping and material
characteristics: (1) Length: 13.5 or more
This notice serves as the only injury to an industry in the United
inches; (2) sheath diameter: Not less
reminder to parties subject to States, the Department is publishing this
than one-and-one quarter inches at any
administrative protective order (APO) of notice of continuation of the AD order.
point (before sharpening); and (3) core
their responsibility concerning the DATES: Applicable September 1, 2017. length: Not more than 15 percent of the
return or destruction of proprietary FOR FURTHER INFORMATION CONTACT: length of the pencil. In addition, pencils
information disclosed under APO in Mary Kolberg, Office I, AD/CVD with all of the following physical
accordance with 19 CFR 351.305. Operations, Enforcement and
Timely notification of the return or Compliance, International Trade
1 See Antidumping Duty Order: Certain Cased

destruction of APO materials, or Pencils from the People’s Republic of China, 59 FR
Administration, U.S. Department of 66909 (December 28, 1994) (Order).
conversion to judicial protective order, Commerce, 1401 Constitution Avenue 2 See Initiation of Five-Year (Sunset) Review, 81
sradovich on DSK3GMQ082PROD with NOTICES

is hereby requested. Failure to comply NW., Washington, DC 20230; telephone: FR 34974 (June 1, 2016).
with the regulations and terms of an (202) 482–1785. 3 See Certain Cased Pencils from the People’s

APO is a violation which is subject to Republic of China: Final Results of Expedited
SUPPLEMENTARY INFORMATION: Sunset Review of the Antidumping Duty Order, 81
sanction.
FR 69513 (October 6, 2016), and accompanying
We are issuing and publishing these Background Issues and Decision Memorandum.
results and notice in accordance with 4 See Cased Pencils from China, Inv. No. 731–
On December 28, 1994, the TA–669 (Fourth Review), 82 FR 40019 (August 23,
5 See Issues and Decision Memorandum. Department published the AD order on 2017).

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Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41609

characteristics are excluded from the DEPARTMENT OF COMMERCE On May 26, 2017, and June 26, 2017,
scope of the Order: Novelty jumbo Canfor Corporation (Canfor), Resolute
pencils that are octagonal in shape, International Trade Administration FP Canada Inc. (Resolute), Tolko
approximately ten inches long, one inch Marketing and Sales Ltd. and Tolko
[A–122–857] Industries Ltd. (Tolko), and West Fraser
in diameter before sharpening, and
three-and-one eighth inches in Certain Softwood Lumber Products Mills Ltd., (West Fraser) (collectively,
circumference, composed of turned From Canada: Postponement of Final the Company Respondents), requested
wood encasing one-and-one half inches Determination of Less-Than-Fair-Value that the Department fully extend the
of sharpened lead on one end and a Investigation and Extension of deadline for the final LTFV
rubber eraser on the other end. The Provisional Measures determination, and extend the
HTSUS subheadings are provided for application of the provisional measures
convenience and customs purposes AGENCY: Enforcement and Compliance, from a four-month period to a period of
International Trade Administration, not more than six months.4
only; the written description of the
Department of Commerce.
merchandise covered by the scope of the Postponement of Final LTFV
Order is dispositive. SUMMARY: The Department of Commerce Determination and Aligned Final CVD
(the Department) is postponing until Determination
Continuation of the Order November 13, 2017, the deadline for
issuing the final determination in the Given the complexity of these
As a result of the determinations by less-than-fair-value (LTFV) investigation investigations and the volume of
the Department and the ITC that of certain softwood lumber products information on the records of these
revocation of the Order would likely (softwood lumber) from Canada, and is proceedings that needs to be analyzed,
lead to continuation or recurrence of extending the provisional measures the Department finds that postponement
dumping and material injury to an from a four-month period to a period of is warranted in the LTFV investigation
industry in the United States, pursuant not more than six months. As the and the aligned CVD investigation
to section 751(d)(2) of the Act and 19 deadline for the final determination of covering softwood lumber from Canada.
CFR 351.218(a), the Department hereby the countervailing duty (CVD) Further, because of the ongoing
orders the continuation of the Order on investigation of softwood lumber from discussions between the Governments
certain cased pencils from the PRC. U.S. Canada is aligned with the deadline for of the United States and Canada
Customs and Border Protection will the final determination of the LTFV focusing on a durable solution to this
investigation, the final CVD long-standing trade dispute,
continue to collect AD cash deposits at
determination will also be issued no postponement of these aligned
the rates in effect at the time of entry for
later than November 13, 2017. investigations is also warranted. This
all imports of subject merchandise.
additional time will afford the
The effective date of the continuation DATES: Applicable September 1, 2017.
Department the time to both address the
of the Order will be the date of FOR FURTHER INFORMATION CONTACT: factual and legal matters on the records
publication in the Federal Register of Stephen Bailey, AD/CVD Operations, of these proceedings, as well as
this notice of continuation. Pursuant to Office IV, Enforcement and Compliance, continue discussions on this broader
section 751(c)(2) of the Act, the International Trade Administration, cross-border trade dispute.
Department intends to initiate the next U.S. Department of Commerce, 1401 Therefore, pursuant to 735(a)(2)(A) of
five-year review of the Order not later Constitution Avenue NW., Washington, the Tariff Act of 1930, as amended, the
than 30 days prior to the fifth DC 20230; telephone: (202) 482–0193. Department is (1) postponing the LTFV
anniversary of the effective date of SUPPLEMENTARY INFORMATION: final determination until no later than
continuation. November 13, 2017, which is 135 days
Background
after the date of the publication of the
This five-year sunset review and this On April 28, 2017, and June 30, 2017, LTFV Preliminary Determination, and
notice are in accordance with section respectively, the Department published (2) extending the provisional measures
751(c) of the Act and published its preliminary determinations in the from a four-month period to a period of
pursuant to section 777(i)(1) of the Act CVD and LTFV investigations of not more than six months. Further, as
and 19 CFR 351.218(f)(4). softwood lumber from Canada.1 In the noted above, because the CVD
Dated: August 28, 2017. CVD Preliminary Determination, at the investigation is aligned with the LTFV
Gary Taverman,
request of the petitioner,2 the investigation, the Department will also
Department aligned the final deadline issue its final determination in the CVD
Deputy Assistant Secretary for Antidumping
for the CVD investigation with the final investigation no later than November
and Countervailing Duty Operations,
determination of the LTFV 13, 2017.5
performing the non-exclusive functions and
duties of the Assistant Secretary for
investigation.3 This notice is issued and published
Enforcement and Compliance. pursuant to 19 CFR 351.210(g).
1 See Certain Softwood Lumber Products from
[FR Doc. 2017–18588 Filed 8–31–17; 8:45 am]
Canada: Preliminary Affirmative Countervailing 4 See Letters from Canfor, Resolute, Tolko, and
BILLING CODE 3510–DS–P Duty Determination, and Alignment of Final West Fraser dated May 26, 2017, June 26, 2017, May
Determination with Final Antidumping Duty 26, 2017, and May 26, 2017, respectively.
Determination, 82 FR 19657 (April 28, 2017) (CVD 5 Postponing the final determinations to 135 days
Preliminary Determination) and Certain Softwood after the publication of the LTFV Preliminary
sradovich on DSK3GMQ082PROD with NOTICES

Lumber Products from Canada: Preliminary Determination would place the deadline on
Affirmative Determination of Sales at Less Than Sunday, November 12, 2017. The Department’s
Fair Value, 82 FR 29833 (June 30, 2017) (LTFV practice dictates that where a deadline falls on a
Preliminary Determination). weekend or federal holiday, the appropriate
2 The Committee Overseeing Action for Lumber
deadline is the next business day. See Notice of
International Trade Investigations or Negotiations Clarification: Application of ‘‘Next Business Day’’
(the petitioner). Rule for Administrative Determination Deadlines
3 See CVD Preliminary Determination, 82 FR at Pursuant to the Tariff Act of 1930, As Amended, 70
19657–19658. FR 24533 (May 10, 2005).

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Document Created: 2017-09-01 01:50:48
Document Modified: 2017-09-01 01:50:48

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		Applicable September 1, 2017.
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.
FR Citation		82 FR 41608

82 FR 41608 - Certain Cased Pencils From the People's Republic of China: Continuation of Antidumping Duty Order

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 82, Issue 169 (September 1, 2017)

DEPARTMENT OF COMMERCE
International Trade Administration