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)

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


-----------------------------------------------------------------------

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