82_FR_43507 82 FR 43329 - Certain Cased Pencils From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Rescission of Review, in Part; 2015-2016

82 FR 43329 - Certain Cased Pencils From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Rescission of Review, in Part; 2015-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 178 (September 15, 2017)

Page Range43329-43331
FR Document2017-19049

The Department of Commerce (the Department) is conducting an administrative review of certain cased pencils (pencils) from the People's Republic of China (PRC) for the period of review (POR) December 1, 2015, through November 30, 2016. We preliminarily determine that Tianjin Tonghe Stationery Industrial Co. Ltd. (Tianjin Tonghe) and the mandatory respondent, Ningbo Homey Union Co., Ltd. (Ningbo Homey), are not eligible for separate rates and, therefore, remain part of the PRC-wide entity. We also preliminarily determine that the entity comprised of Wah Yuen Stationery Co. Ltd. (Wah Yuen) and Shandong Wah Yuen Stationery Co. Ltd. (Shandong Wah Yuen) (collectively, the Wah Yuen entity) had no shipments during the POR. Finally, we are rescinding the review with respect to Orient International Holding Shanghai Foreign Trade Co., Ltd. (Orient), and Shandong Rongxin Import & Export Co., Ltd. (Rongxin). If these preliminary results are adopted in the final results, the Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping (AD) duties on all appropriate entries of subject merchandise. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 82 Issue 178 (Friday, September 15, 2017)
[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)]
[Notices]
[Pages 43329-43331]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19049]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-827]


Certain Cased Pencils From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review, 
Preliminary Determination of No Shipments, and Rescission of Review, in 
Part; 2015-2016

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of certain cased pencils (pencils) from the 
People's Republic of China (PRC) for the period of review (POR) 
December 1, 2015, through November 30, 2016. We preliminarily determine 
that Tianjin Tonghe Stationery Industrial Co. Ltd. (Tianjin Tonghe) and 
the mandatory respondent, Ningbo Homey Union Co., Ltd. (Ningbo Homey), 
are not eligible for separate rates and, therefore, remain part of the 
PRC-wide entity. We also preliminarily determine that the entity 
comprised of Wah Yuen Stationery Co. Ltd. (Wah Yuen) and Shandong Wah 
Yuen Stationery Co. Ltd. (Shandong Wah Yuen) (collectively, the Wah 
Yuen entity) had no shipments during the POR. Finally, we are 
rescinding the review with respect to Orient International Holding 
Shanghai Foreign Trade Co., Ltd. (Orient), and Shandong Rongxin Import 
& Export Co., Ltd. (Rongxin). If these preliminary results are adopted 
in the final results, the Department will instruct U.S. Customs and 
Border Protection (CBP) to assess antidumping (AD) duties on all 
appropriate entries of subject merchandise. Interested parties are 
invited to comment on these preliminary results.

DATES: Applicable September 15, 2017.

FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Denisa Ursu, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington,

[[Page 43330]]

DC 20230; telephone: (202) 482-6478 or (202) 482-2285, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the notice of initiation of this 
administrative review on February 13, 2017.\1\ On March 10, 2017, Wah 
Yuen submitted a separate rate certification and on March 15, 2017, 
Ningbo Homey submitted a separate rate application.\2\ On March 17, 
2017, Orient withdrew its request for an administrative review.\3\ On 
March 30, 2017, we selected Ningbo Homey as the mandatory respondent in 
this review.\4\ On April 3, 2017, we issued Ningbo Homey the AD 
questionnaire,\5\ however, Ningbo Homey did not respond. On April 5, 
2017, the petitioner withdrew its request for an administrative review 
of Rongxin.\6\ On May 22, 2017, and July 13, 2017, Wah Yuen submitted 
supplemental separate rate information.\7\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 10457 (February 13, 2017) (Initiation 
Notice).
    \2\ See Letter from Wah Yuen, ``Certain Cased Pencils from the 
People's Republic of China: Wah Yuen Stationery Co. Ltd.--Separate 
Rate Certification,'' dated March 10, 2017, and Letter from Ningbo 
Homey, ``Cased Pencils from the People's Republic of China: Separate 
Rate Application of Ningbo Homey Union Co., Ltd.,'' dated March 15, 
2017.
    \3\ See Letter from Orient, ``Orient International Holding 
Shanghai Foreign Trade Co., Ltd.'s Withdrawal of Request for Review: 
Administrative Review of the Antidumping Order on Cased Pencils from 
the People's Republic of China,'' dated March 17, 2017.
    \4\ See Memorandum from Sergio Balbontin, ``Antidumping Duty 
Administrative Review: Certain Cased Pencils from the People's 
Republic of China, Respondent Selection'' dated March 30, 2017.
    \5\ See Letter from the Department, ``Request for Information,'' 
dated April 3, 2017.
    \6\ See Letter from the Dixon Ticonderoga Company (the 
petitioner), ``Certain Cased Pencils from the People's Republic of 
China: Partial Withdrawal of Request for Administrative Review,'' 
dated April 5, 2017.
    \7\ See Letters from Wah Yuen, ``Certain Cased Pencils from the 
People's Republic of China: Wah Yuen Stationery Co. Ltd.--Separate 
Rate Certification--Supplemental Response,'' submitted May 22, 2017, 
but erroneously dated March 10, 2017; and ``Certain Cased Pencils 
from the People's Republic of China: Wah Yuen Stationery Co. Ltd.--
Separate Rate Certification--2nd Supplemental Response,'' dated July 
13, 2017 (Separate Rate Addendum).
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\8\ 
A list of topics included in the Preliminary Decision Memorandum is 
included as an appendix to this notice.
---------------------------------------------------------------------------

    \8\ See Memorandum from James Maeder, Senior Director performing 
the duties of the Associate Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to 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, ``Decision 
Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review, Preliminary Determination of No Shipments, 
and Partial Rescission: Certain Cased Pencils from the People's 
Republic of China; 2014-2015,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

    The Preliminary Decision Memorandum is a public document and is on 
file electronically via the 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 
in the Central Records Unit, Room B8024 of the main Department of 
Commerce building. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic version of the Preliminary Decision Memorandum are 
identical in content.

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. Although the HTSUS subheading is provided for convenience 
and customs purposes, the written product description is dispositive. A 
full description of the scope of the order is contained in the 
Preliminary Decision Memorandum.

Partial Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, ``in whole or in part, if a party that requested 
a review withdraws the request within 90 days of the date of 
publication of notice of initiation of the requested review.'' The 
requests for review of Orient and Rongxin were withdrawn within the 90-
day limit. Because we received no other requests for review of these 
companies, we are rescinding the administrative review of Orient and 
Rongxin.

Preliminary Determination of No Shipments

    Based on an analysis of CBP information \9\ and Wah Yuen's Separate 
Rate Addendum, the Department preliminarily determines that the Wah 
Yuen entity \10\ had no shipments during the POR. For additional 
information regarding this determination, see the Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

    \9\ See Memorandum, ``Release of Customs and Border Protection 
Data,'' dated February 13, 2017, and No shipments inquiry for 
Certain Cased Pencils from the People's Republic of China exported 
by Wah Yuen Stationery Co. Ltd. (A-570-827), Message 7195303 (July 
14, 2017).
    \10\ The Department previously determined that Wah Yuen and 
Shandong Wah Yuen are affiliated and should be treated as a single 
entity, pursuant to section 771(33) of the Act and 19 CFR 
351.401(f). 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), and accompanying Preliminary 
Decision Memo at 9; unchanged in Certain Cased Pencils from the 
People's Republic of China: Final Results of Antidumping Duty New 
Shipper Review; 2014-2015, 81 FR 74764 (October 27, 2016). In the 
absence of evidence indicating that the Department should reexamine 
its determination to collapse these two companies, we are continuing 
to treat Wah Yuen and Shandong Wah Yuen as a single entity for 
purposes of this administrative review.
---------------------------------------------------------------------------

    Consistent with our practice in non-market economy (NME) cases, we 
are not rescinding this review, in part, but we intend to complete the 
review with respect to the Wah Yuen entity, and issue appropriate 
instructions to CBP based on the final results of the review.\11\
---------------------------------------------------------------------------

    \11\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) 
(Assessment Notice).
---------------------------------------------------------------------------

Methodology

    The Department is conducting this review in accordance with 
sections 751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (the Act). Tianjin Tonghe did not submit a separate rate 
application and, therefore has not demonstrated its eligibility for a 
separate rate. Accordingly, we are preliminarily treating Tianjin 
Tonghe as part of the PRC-wide entity.\12\ In addition, because Ningbo 
Homey did not respond to our AD questionnaire, we preliminarily 
determine that Ningbo Homey has also not demonstrated its eligibility 
for a separate rate and we are therefore preliminarily treating Ningbo 
Homey as part of the PRC-wide entity.
---------------------------------------------------------------------------

    \12\ Although Wah Yuen reported that it is affiliated with 
Tianjin Tonghe, it also stated that it was not requesting a separate 
rate for Tianjin Tonghe. See Separate Rate Addendum at 10.
---------------------------------------------------------------------------

    The Department's policy regarding conditional review of the PRC-
wide entity applies to this administrative review.\13\ 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. Because no party requested a review of the PRC-wide entity 
in this

[[Page 43331]]

review, the entity is not under review and the entity's current rate, 
i.e., 114.90 percent,\14\ is not subject to change.
---------------------------------------------------------------------------

    \13\ 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, 65970 (November 4, 
2013).
    \14\ 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), 
unchanged in Certain Cased Pencils from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review 2014-
2015, 82 FR 24675 (May 30, 2017), and accompanying Issues and 
Decision Memorandum.
---------------------------------------------------------------------------

    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum.

Disclosure

    Normally, the Department will disclose the calculations used in its 
analysis to parties in this review within five days of the date of 
publication of the notice of preliminary results in the Federal 
Register, in accordance with 19 CFR 351.224(b). However, in this case, 
there are no calculations on this record to disclose.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 30 
days after the publication of these preliminary result, unless the 
Secretary alters the time limit. Rebuttal briefs, limited to issues 
raised in case briefs, may be submitted no later than five days after 
the deadline date for case briefs.\15\ Pursuant to 19 CFR 351.309(c)(2) 
and (d)(2), parties who submit case briefs or rebuttal briefs in this 
review are encouraged to submit with each argument: (1) A statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain: 
(1) The party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed. If a 
request for a hearing is made, the Department intends to hold the 
hearing at the U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230, at a time and date to be determined. Parties 
should confirm by telephone the date, time, and location of the hearing 
two days before the scheduled date.
    The Department intends to issue the final results of this 
administrative review, which will include the results of our analysis 
of the issues raised in the case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, pursuant to 
section 751(a)(3)(A) of the Act, unless the deadline is extended.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, AD duties on all appropriate entries covered by 
this review.\16\ The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review. If the Department continues to find Ningbo 
Homey and Tianjin Tonghe as part of the PRC-wide entity in the final 
results, the Department will instruct CBP to liquidate POR entries of 
subject merchandise from these companies at the PRC-wide rate of 114.90 
percent. Moreover, if the Department continues to make a no-shipment 
finding for Wah Yuen in the final results, any suspended entries of 
subject merchandise from Wah Yuen will also be liquidated at the PRC-
wide rate.\17\ Finally, with respect to entries from Orient and 
Rongxin, antidumping duties shall be assessed at rates equal to the 
cash deposit of estimated antidumping duties required at the time of 
entry, or withdrawal from warehouse, for consumption, in accordance 
with 19 CFR 351.212(c)(1)(i).
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.212(b).
    \17\ See Assessment Notice.
---------------------------------------------------------------------------

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 any companies 
listed above that have a separate rate, the cash deposit rate will be 
that established in the final results of review (except, if the rate is 
zero or de minimis, then zero cash deposit will be required); (2) 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; (3) for all PRC exporters of subject 
merchandise that have not been found to be entitled to a separate rate, 
the cash deposit rate will be that for the PRC-wide entity; and (4) 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 deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice also serves as a preliminary 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 AD duties occurred and the subsequent assessment of 
double AD duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: August 31, 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.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
    a. Partial Rescission of Review
    b. Preliminary Determination of No Shipments
    c. NME Country Status
    d. Separate Rates
5. Recommendation

[FR Doc. 2017-19049 Filed 9-14-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                              Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices                                                43329

                                                  period April 1, 2016, through March 31,                 Jiangmen Hongmao Trading Co., Ltd.;                     Dated: September 12, 2017.
                                                  2017. Subsequent to the initiation of the               Jiangmen New Star Hi-Tech Enterprise                  James Maeder,
                                                  administrative review, the requesting                   Ltd.; KaiPing Dawn Plumbing Products,                 Senior Director performing the duties of
                                                  parties timely withdrew their review                    Inc.; Ningbo Afa Kitchen and Bath Co.,                Deputy Assistant Secretary for Antidumping
                                                  requests for 19 of these companies, as                  Ltd.; Jiangmen Xinhe Stainless Steel                  and Countervailing Duty Operations.
                                                  discussed below.                                        Products Co., Ltd.; Yuyao Afa                         [FR Doc. 2017–19640 Filed 9–14–17; 8:45 am]

                                                  Partial Rescission of Review                            Kitchenware Co., Ltd.; Zhongshan                      BILLING CODE 3510–DS–P
                                                                                                          Superte Kitchenware Co., Ltd./
                                                     Pursuant to 19 CFR 351.213(d)(1), the                Zhongshan Superte Kitchenware Co.,
                                                  Department will rescind an                              Ltd. invoiced as Foshan Zhaoshun                      DEPARTMENT OF COMMERCE
                                                  administrative review, in whole or in                   Trade Co., Ltd; and Zhuhai Kohler
                                                  part, if a party that requested a review                Kitchen & Bathroom Products Co., Ltd.                 International Trade Administration
                                                  withdraws its request within 90 days of
                                                  the date of publication of notice of                    Assessment                                            [A–570–827]
                                                  initiation of the requested review. All
                                                  requesting parties withdrew their                          The Department will instruct U.S.
                                                                                                                                                                Certain Cased Pencils From the
                                                  respective requests for an administrative               Customs and Border Protection (CBP) to
                                                                                                                                                                People’s Republic of China:
                                                  review of the following companies                       assess antidumping duties on all
                                                                                                                                                                Preliminary Results of Antidumping
                                                  within 90 days of the date of publication               appropriate entries. For the companies
                                                                                                                                                                Duty Administrative Review,
                                                  of the Initiation Notice: 3 Elkay (China)               for which this review is rescinded,
                                                                                                                                                                Preliminary Determination of No
                                                  Kitchen Solutions, Co., Ltd.; Foshan                    antidumping duties shall be assessed at
                                                                                                                                                                Shipments, and Rescission of Review,
                                                  Shunde MingHao Kitchen Utensils Co.,                    rates equal to the cash deposit of
                                                                                                                                                                in Part; 2015–2016
                                                  Ltd.; Franke Asia Sourcing Ltd.; Grand                  estimated antidumping duties required
                                                  Hill Work Company; Guandong                             at the time of entry, or withdrawal from              AGENCY:   Enforcement and Compliance,
                                                  Dongyuan Kitchenware Industrial Co.,                    warehouse, for consumption, in                        International Trade Administration,
                                                  Ltd.; Guangdong G-Top Import & Export                   accordance with 19 CFR                                Department of Commerce.
                                                  Co., Ltd.; Guandong Yingao Kitchen                      351.212(c)(1)(i). The Department                      SUMMARY: The Department of Commerce
                                                  Utensils Co., Ltd.; Hangzhou Heng’s                     intends to issue appropriate assessment               (the Department) is conducting an
                                                  Industries Co., Ltd.; Hubei Foshan                      instructions directly to CBP 15 days                  administrative review of certain cased
                                                  Success Imp & Exp Co. Ltd.; J&C                         after the date of publication of this                 pencils (pencils) from the People’s
                                                  Industries Enterprise Limited; Jiangmen                 notice in the Federal Register.                       Republic of China (PRC) for the period
                                                  Pioneer Import & Export Co., Ltd.;                      Notification to Importers                             of review (POR) December 1, 2015,
                                                  Jiangxi Zoje Kitchen & Bath Industry                                                                          through November 30, 2016. We
                                                  Co., Ltd.; Ningbo Oulin Kitchen Utensils                   This notice serves as the only                     preliminarily determine that Tianjin
                                                  Co., Ltd.; Primy Cooperation Limited;                   reminder to importers whose entries                   Tonghe Stationery Industrial Co. Ltd.
                                                  Shenzhen Kehuaxing Industrial Ltd.;                     will be liquidated as a result of this                (Tianjin Tonghe) and the mandatory
                                                  Shunde Foodstuffs Import & Export                       rescission notice, of their responsibility            respondent, Ningbo Homey Union Co.,
                                                  Company Limited of Guangdong;                           under 19 CFR 351.402(f)(2) to file a                  Ltd. (Ningbo Homey), are not eligible for
                                                  Shunde Native Produce Import and                        certificate regarding the reimbursement               separate rates and, therefore, remain
                                                  Export Co., Ltd. of Guangdong;                          of antidumping duties and/or                          part of the PRC-wide entity. We also
                                                  Zhongshan Newecan Enterprise                            countervailing duties prior to                        preliminarily determine that the entity
                                                  Development Corporation; and                            liquidation of the relevant entries                   comprised of Wah Yuen Stationery Co.
                                                  Zhongshan Silk Imp. & Exp. Group Co.,                   during this review period. Failure to                 Ltd. (Wah Yuen) and Shandong Wah
                                                  Ltd. of Guangdong. Accordingly, the                     comply with this requirement may                      Yuen Stationery Co. Ltd. (Shandong
                                                  Department is rescinding this review, in                result in the presumption that                        Wah Yuen) (collectively, the Wah Yuen
                                                  part, with respect to these companies, in               reimbursement of antidumping duties                   entity) had no shipments during the
                                                  accordance with 19 CFR 353.213(d)(1).4                  and/or countervailing duties occurred                 POR. Finally, we are rescinding the
                                                     The instant review will continue with                and the subsequent assessment of                      review with respect to Orient
                                                  respect to the following companies: B&R                 double antidumping duties.                            International Holding Shanghai Foreign
                                                  Industries Limited; Feidong Import and                                                                        Trade Co., Ltd. (Orient), and Shandong
                                                  Export Co., Ltd.; Foshan Zhaoshun                       Notification Regarding Administrative
                                                                                                                                                                Rongxin Import & Export Co., Ltd.
                                                  Trade Co., Ltd.; Guangdong New Shichu                   Protective Order
                                                                                                                                                                (Rongxin). If these preliminary results
                                                  Import & Export Company Limited;                          This notice serves as the only                      are adopted in the final results, the
                                                                                                          reminder to parties subject to                        Department will instruct U.S. Customs
                                                    3 See Letter to the Department, ‘‘Drawn Stainless
                                                                                                          administrative protective order (APO) of              and Border Protection (CBP) to assess
                                                  Steel Sinks from the People’s Republic of China:
                                                  Withdraw Request for Annual Administrative              their responsibility concerning the                   antidumping (AD) duties on all
                                                  Review,’’ dated June 29, 2017; see also Letter to the   disposition of proprietary information                appropriate entries of subject
                                                  Department, ‘‘Drawn Stainless Steel Sinks from the      disclosed under APO in accordance                     merchandise. Interested parties are
                                                  People’s Republic of China: Notice of Partial                                                                 invited to comment on these
                                                  Withdrawal of Request for Administrative Review,’’
                                                                                                          with 19 CFR 351.305(a)(3). Timely
                                                  dated July 3, 2017.                                     written notification of return/                       preliminary results.
                                                    4 As stated in Change in Practice in NME Reviews,     destruction of APO materials or                       DATES: Applicable September 15, 2017.
mstockstill on DSK30JT082PROD with NOTICES




                                                  the Department will no longer consider the non-         conversion to judicial protective order is            FOR FURTHER INFORMATION CONTACT:
                                                  market economy entity as an exporter conditionally      hereby requested. Failure to comply
                                                  subject to administrative reviews. See Antidumping                                                            Sergio Balbontin or Denisa Ursu,
                                                  Proceedings; Announcement of Change in                  with the regulations and the terms of an              AD/CVD Operations, Office VIII,
                                                  Department Practice for Respondent Selection in         APO is a sanctionable violation.                      Enforcement and Compliance,
                                                  Antidumping Duty Proceedings and Conditional
                                                  Review of the Nonmarket Economy Entity in NME
                                                                                                            This notice is published in                         International Trade Administration,
                                                  Antidumping Duty Proceedings, 78 FR 65963               accordance with section 751 of the Act                U.S. Department of Commerce, 1401
                                                  (November 3, 2013).                                     and 19 CFR 351.213(d)(4).                             Constitution Avenue NW., Washington,


                                             VerDate Sep<11>2014   17:07 Sep 14, 2017   Jkt 241001   PO 00000   Frm 00005   Fmt 4703   Sfmt 4703   E:\FR\FM\15SEN1.SGM   15SEN1


                                                  43330                       Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices

                                                  DC 20230; telephone: (202) 482–6478 or                  included in the Preliminary Decision                  Rate Addendum, the Department
                                                  (202) 482–2285, respectively.                           Memorandum is included as an                          preliminarily determines that the Wah
                                                  SUPPLEMENTARY INFORMATION:                              appendix to this notice.                              Yuen entity 10 had no shipments during
                                                                                                             The Preliminary Decision                           the POR. For additional information
                                                  Background                                              Memorandum is a public document and                   regarding this determination, see the
                                                     The Department published the notice                  is on file electronically via the                     Preliminary Decision Memorandum.
                                                  of initiation of this administrative                    Enforcement and Compliance’s                             Consistent with our practice in non-
                                                  review on February 13, 2017.1 On                        Antidumping and Countervailing Duty                   market economy (NME) cases, we are
                                                  March 10, 2017, Wah Yuen submitted a                    Centralized Electronic Service System                 not rescinding this review, in part, but
                                                  separate rate certification and on March                (ACCESS). ACCESS is available to                      we intend to complete the review with
                                                  15, 2017, Ningbo Homey submitted a                      registered users at http://                           respect to the Wah Yuen entity, and
                                                  separate rate application.2 On March 17,                access.trade.gov and in the Central                   issue appropriate instructions to CBP
                                                  2017, Orient withdrew its request for an                Records Unit, Room B8024 of the main                  based on the final results of the
                                                  administrative review.3 On March 30,                    Department of Commerce building. In                   review.11
                                                  2017, we selected Ningbo Homey as the                   addition, a complete version of the                   Methodology
                                                  mandatory respondent in this review.4                   Preliminary Decision Memorandum can
                                                  On April 3, 2017, we issued Ningbo                      be accessed directly on the internet at                  The Department is conducting this
                                                  Homey the AD questionnaire,5 however,                   http://enforcement.trade.gov/frn/. The                review in accordance with sections
                                                  Ningbo Homey did not respond. On                        signed Preliminary Decision                           751(a)(1)(B) and 751(a)(2)(A) of the
                                                  April 5, 2017, the petitioner withdrew                  Memorandum and the electronic                         Tariff Act of 1930, as amended (the Act).
                                                  its request for an administrative review                version of the Preliminary Decision                   Tianjin Tonghe did not submit a
                                                  of Rongxin.6 On May 22, 2017, and July                  Memorandum are identical in content.                  separate rate application and, therefore
                                                  13, 2017, Wah Yuen submitted                                                                                  has not demonstrated its eligibility for a
                                                  supplemental separate rate                              Scope of the Order                                    separate rate. Accordingly, we are
                                                  information.7                                             The merchandise subject to the order                preliminarily treating Tianjin Tonghe as
                                                     For a complete description of the                    includes certain cased pencils from the               part of the PRC-wide entity.12 In
                                                  events that followed the initiation of                  PRC. The subject merchandise is                       addition, because Ningbo Homey did
                                                  this review, see the Preliminary                        currently classifiable under Harmonized               not respond to our AD questionnaire,
                                                  Decision Memorandum.8 A list of topics                  Tariff Schedule of the United States                  we preliminarily determine that Ningbo
                                                                                                          (HTSUS) subheading 9609.1010.                         Homey has also not demonstrated its
                                                     1 See Initiation of Antidumping and
                                                                                                          Although the HTSUS subheading is                      eligibility for a separate rate and we are
                                                  Countervailing Duty Administrative Reviews, 82 FR       provided for convenience and customs                  therefore preliminarily treating Ningbo
                                                  10457 (February 13, 2017) (Initiation Notice).                                                                Homey as part of the PRC-wide entity.
                                                     2 See Letter from Wah Yuen, ‘‘Certain Cased          purposes, the written product
                                                                                                                                                                   The Department’s policy regarding
                                                  Pencils from the People’s Republic of China: Wah        description is dispositive. A full
                                                                                                                                                                conditional review of the PRC-wide
                                                  Yuen Stationery Co. Ltd.—Separate Rate                  description of the scope of the order is
                                                  Certification,’’ dated March 10, 2017, and Letter                                                             entity applies to this administrative
                                                                                                          contained in the Preliminary Decision
                                                  from Ningbo Homey, ‘‘Cased Pencils from the                                                                   review.13 Under this policy, the PRC-
                                                                                                          Memorandum.
                                                  People’s Republic of China: Separate Rate                                                                     wide entity will not be under review
                                                  Application of Ningbo Homey Union Co., Ltd.,’’          Partial Rescission of Review                          unless a party specifically requests, or
                                                  dated March 15, 2017.
                                                     3 See Letter from Orient, ‘‘Orient International       Pursuant to 19 CFR 351.213(d)(1), the               the Department self-initiates, a review of
                                                  Holding Shanghai Foreign Trade Co., Ltd.’s              Department will rescind an                            the entity. Because no party requested a
                                                  Withdrawal of Request for Review: Administrative
                                                                                                          administrative review, ‘‘in whole or in               review of the PRC-wide entity in this
                                                  Review of the Antidumping Order on Cased Pencils
                                                  from the People’s Republic of China,’’ dated March      part, if a party that requested a review                 10 The Department previously determined that
                                                  17, 2017.                                               withdraws the request within 90 days of               Wah Yuen and Shandong Wah Yuen are affiliated
                                                     4 See Memorandum from Sergio Balbontin,
                                                                                                          the date of publication of notice of                  and should be treated as a single entity, pursuant
                                                  ‘‘Antidumping Duty Administrative Review:               initiation of the requested review.’’ The             to section 771(33) of the Act and 19 CFR 351.401(f).
                                                  Certain Cased Pencils from the People’s Republic of                                                           See Certain Cased Pencils from the People’s
                                                  China, Respondent Selection’’ dated March 30,           requests for review of Orient and
                                                                                                                                                                Republic of China: Preliminary Results of
                                                  2017.                                                   Rongxin were withdrawn within the 90-                 Antidumping Duty New Shipper Review; 2014–
                                                     5 See Letter from the Department, ‘‘Request for      day limit. Because we received no other               2015, 81 FR 37573 (June 10, 2016), and
                                                  Information,’’ dated April 3, 2017.                     requests for review of these companies,               accompanying Preliminary Decision Memo at 9;
                                                     6 See Letter from the Dixon Ticonderoga
                                                                                                          we are rescinding the administrative                  unchanged in Certain Cased Pencils from the
                                                  Company (the petitioner), ‘‘Certain Cased Pencils                                                             People’s Republic of China: Final Results of
                                                  from the People’s Republic of China: Partial            review of Orient and Rongxin.                         Antidumping Duty New Shipper Review; 2014–
                                                  Withdrawal of Request for Administrative Review,’’                                                            2015, 81 FR 74764 (October 27, 2016). In the
                                                  dated April 5, 2017.
                                                                                                          Preliminary Determination of No                       absence of evidence indicating that the Department
                                                     7 See Letters from Wah Yuen, ‘‘Certain Cased         Shipments                                             should reexamine its determination to collapse
                                                  Pencils from the People’s Republic of China: Wah                                                              these two companies, we are continuing to treat
                                                                                                            Based on an analysis of CBP                         Wah Yuen and Shandong Wah Yuen as a single
                                                  Yuen Stationery Co. Ltd.—Separate Rate
                                                  Certification—Supplemental Response,’’ submitted        information 9 and Wah Yuen’s Separate                 entity for purposes of this administrative review.
                                                                                                                                                                   11 See Non-Market Economy Antidumping
                                                  May 22, 2017, but erroneously dated March 10,
                                                  2017; and ‘‘Certain Cased Pencils from the People’s     ‘‘Decision Memorandum for Preliminary Results of      Proceedings: Assessment of Antidumping Duties, 76
                                                  Republic of China: Wah Yuen Stationery Co. Ltd.—        Antidumping Duty Administrative Review,               FR 65694, 65694–95 (October 24, 2011)
                                                  Separate Rate Certification—2nd Supplemental            Preliminary Determination of No Shipments, and        (Assessment Notice).
                                                  Response,’’ dated July 13, 2017 (Separate Rate          Partial Rescission: Certain Cased Pencils from the       12 Although Wah Yuen reported that it is
mstockstill on DSK30JT082PROD with NOTICES




                                                  Addendum).                                              People’s Republic of China; 2014–2015,’’ dated        affiliated with Tianjin Tonghe, it also stated that it
                                                     8 See Memorandum from James Maeder, Senior           concurrently with, and hereby adopted by, this        was not requesting a separate rate for Tianjin
                                                  Director performing the duties of the Associate         notice (Preliminary Decision Memorandum).             Tonghe. See Separate Rate Addendum at 10.
                                                  Deputy Assistant Secretary for Antidumping and             9 See Memorandum, ‘‘Release of Customs and            13 See Antidumping Proceedings: Announcement

                                                  Countervailing Duty Operations, to Gary Taverman,       Border Protection Data,’’ dated February 13, 2017,    of Change in Department Practice for Respondent
                                                  Deputy Assistant Secretary for Antidumping and          and No shipments inquiry for Certain Cased Pencils    Selection in Antidumping Duty Proceedings and
                                                  Countervailing Duty Operations, performing the          from the People’s Republic of China exported by       Conditional Review of the Nonmarket Economy
                                                  non-exclusive functions and duties of the Assistant     Wah Yuen Stationery Co. Ltd. (A–570–827),             Entity in NME Antidumping Duty Proceedings, 78
                                                  Secretary for Enforcement and Compliance,               Message 7195303 (July 14, 2017).                      FR 65963, 65970 (November 4, 2013).



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                                                                              Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices                                                 43331

                                                  review, the entity is not under review                  the hearing two days before the                        found to be entitled to a separate rate,
                                                  and the entity’s current rate, i.e., 114.90             scheduled date.                                        the cash deposit rate will be that for the
                                                  percent,14 is not subject to change.                       The Department intends to issue the                 PRC-wide entity; and (4) for all non-PRC
                                                    For a full description of the                         final results of this administrative                   exporters of subject merchandise which
                                                  methodology underlying our                              review, which will include the results of              have not received their own rate, the
                                                  conclusions, see the Preliminary                        our analysis of the issues raised in the               cash deposit rate will be the rate
                                                  Decision Memorandum.                                    case briefs, within 120 days of                        applicable to the PRC exporter that
                                                                                                          publication of these preliminary results               supplied that non-PRC exporter. These
                                                  Disclosure                                              in the Federal Register, pursuant to                   deposit requirements, when imposed,
                                                     Normally, the Department will                        section 751(a)(3)(A) of the Act, unless                shall remain in effect until further
                                                  disclose the calculations used in its                   the deadline is extended.                              notice.
                                                  analysis to parties in this review within               Assessment Rates                                       Notification to Importers
                                                  five days of the date of publication of
                                                                                                             Upon issuance of the final results, the               This notice also serves as a
                                                  the notice of preliminary results in the
                                                                                                          Department will determine, and CBP                     preliminary reminder to importers of
                                                  Federal Register, in accordance with 19
                                                                                                          shall assess, AD duties on all                         their responsibility under 19 CFR
                                                  CFR 351.224(b). However, in this case,
                                                                                                          appropriate entries covered by this                    351.402(f)(2) to file a certificate
                                                  there are no calculations on this record
                                                                                                          review.16 The Department intends to                    regarding the reimbursement of
                                                  to disclose.
                                                                                                          issue assessment instructions to CBP 15                antidumping duties prior to liquidation
                                                  Public Comment                                          days after the publication date of the                 of the relevant entries during this
                                                                                                          final results of this review. If the                   review period. Failure to comply with
                                                     Case briefs or other written comments
                                                                                                          Department continues to find Ningbo                    this requirement could result in the
                                                  may be submitted to the Assistant
                                                                                                          Homey and Tianjin Tonghe as part of                    Department’s presumption that
                                                  Secretary for Enforcement and
                                                                                                          the PRC-wide entity in the final results,              reimbursement of AD duties occurred
                                                  Compliance no later than 30 days after
                                                                                                          the Department will instruct CBP to                    and the subsequent assessment of
                                                  the publication of these preliminary
                                                                                                          liquidate POR entries of subject                       double AD duties.
                                                  result, unless the Secretary alters the
                                                                                                          merchandise from these companies at
                                                  time limit. Rebuttal briefs, limited to                                                                        Notification to Interested Parties
                                                                                                          the PRC-wide rate of 114.90 percent.
                                                  issues raised in case briefs, may be
                                                                                                          Moreover, if the Department continues                    We are issuing and publishing these
                                                  submitted no later than five days after
                                                                                                          to make a no-shipment finding for Wah                  results in accordance with sections
                                                  the deadline date for case briefs.15
                                                                                                          Yuen in the final results, any suspended               751(a)(1) and 777(i)(1) of the Act and 19
                                                  Pursuant to 19 CFR 351.309(c)(2) and                    entries of subject merchandise from                    CFR 351.213.
                                                  (d)(2), parties who submit case briefs or               Wah Yuen will also be liquidated at the
                                                  rebuttal briefs in this review are                                                                               Dated: August 31, 2017.
                                                                                                          PRC-wide rate.17 Finally, with respect to              Gary Taverman,
                                                  encouraged to submit with each
                                                                                                          entries from Orient and Rongxin,
                                                  argument: (1) A statement of the issue;                                                                        Deputy Assistant Secretary for Antidumping
                                                                                                          antidumping duties shall be assessed at                and Countervailing Duty Operations,
                                                  (2) a brief summary of the argument;
                                                                                                          rates equal to the cash deposit of                     performing the non-exclusive functions and
                                                  and (3) a table of authorities.
                                                                                                          estimated antidumping duties required                  duties of the Assistant Secretary for
                                                     Pursuant to 19 CFR 351.310(c),                       at the time of entry, or withdrawal from               Enforcement and Compliance.
                                                  interested parties who wish to request a                warehouse, for consumption, in
                                                  hearing, limited to issues raised in the                accordance with 19 CFR                                 Appendix
                                                  case and rebuttal briefs, must submit a                 351.212(c)(1)(i).                                      List of Topics Discussed in the Preliminary
                                                  written request to the Assistant                                                                               Decision Memorandum
                                                  Secretary for Enforcement and                           Cash Deposit Requirements
                                                                                                                                                                 1. Summary
                                                  Compliance, U.S. Department of                            The following cash deposit                           2. Background
                                                  Commerce, within 30 days after the date                 requirements will be effective upon                    3. Scope of the Order
                                                  of publication of this notice. Requests                 publication of the final results of this               4. Discussion of the Methodology
                                                  should contain: (1) The party’s name,                   administrative review for shipments of                    a. Partial Rescission of Review
                                                  address, and telephone number; (2) the                  the subject merchandise from the PRC                      b. Preliminary Determination of No
                                                  number of participants; and (3) a list of                                                                            Shipments
                                                                                                          entered, or withdrawn from warehouse,                     c. NME Country Status
                                                  the issues to be discussed. If a request                for consumption on or after the                           d. Separate Rates
                                                  for a hearing is made, the Department                   publication date, as provided by section               5. Recommendation
                                                  intends to hold the hearing at the U.S.                 751(a)(2)(C) of the Act: (1) For any                   [FR Doc. 2017–19049 Filed 9–14–17; 8:45 am]
                                                  Department of Commerce, 1401                            companies listed above that have a
                                                                                                                                                                 BILLING CODE 3510–DS–P
                                                  Constitution Avenue NW., Washington,                    separate rate, the cash deposit rate will
                                                  DC 20230, at a time and date to be                      be that established in the final results of
                                                  determined. Parties should confirm by                   review (except, if the rate is zero or de              DEPARTMENT OF COMMERCE
                                                  telephone the date, time, and location of               minimis, then zero cash deposit will be
                                                                                                          required); (2) for previously investigated             International Trade Administration
                                                    14 See  Certain Cased Pencils from the People’s       or reviewed PRC and non-PRC exporters
                                                  Republic of China: Preliminary Results of                                                                      [C–570–057]
                                                                                                          not listed above that received a separate
                                                  Antidumping Duty Administrative Review and
                                                                                                          rate in a prior segment of this
mstockstill on DSK30JT082PROD with NOTICES




                                                  Partial Rescission; 2014–2015, 81 FR 83201                                                                     Certain Tool Chests and Cabinets
                                                  (November 21, 2016), unchanged in Certain Cased         proceeding, the cash deposit rate will                 From the People’s Republic of China:
                                                  Pencils from the People’s Republic of China: Final      continue to be the existing exporter-                  Preliminary Affirmative Countervailing
                                                  Results of Antidumping Duty Administrative              specific rate; (3) for all PRC exporters of
                                                  Review 2014–2015, 82 FR 24675 (May 30, 2017),                                                                  Duty Determination
                                                  and accompanying Issues and Decision                    subject merchandise that have not been
                                                  Memorandum.                                                                                                    AGENCY:  Enforcement and Compliance,
                                                     15 See 19 CFR 351.309; see also 19 CFR 351.303         16 See 19 CFR 351.212(b).                            International Trade Administration,
                                                  (for general filing requirements).                        17 See Assessment Notice.                            Department of Commerce.


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Document Created: 2017-09-15 00:18:09
Document Modified: 2017-09-15 00:18:09
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
DatesApplicable September 15, 2017.
ContactSergio Balbontin or Denisa Ursu, AD/ CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6478 or (202) 482-2285, respectively.
FR Citation82 FR 43329 

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