[Federal Register Volume 78, Number 8 (Friday, January 11, 2013)]
[Notices]
[Pages 2363-2365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00452]
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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 and
Intent Not To Revoke Order In Part; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting an
administrative review of the antidumping duty order on certain cased
pencils (``pencils'') from the People's Republic of China (``PRC'').
The period of review (``POR'') is December 1, 2010, through November
30, 2011. The review covers one exporter of subject merchandise,
Beijing Fila Dixon Stationery Company, Ltd. a/
[[Page 2364]]
k/a Beijing Dixon Ticonderoga Stationery Company, Ltd., a/k/a Beijing
Dixon Stationery Company, Ltd., and Dixon Ticonderoga Company
(collectively, ``Dixon''). We preliminarily find that Dixon made sales
of subject merchandise at less than normal value.
DATES: Effective Date: January 11, 2013.
FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Mary Kolberg, AD/
CVD Operations, Office 1, Import Administration, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-6478 or (202) 482-1785,
respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by 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
9609.10.00. Although the HTSUS numbers are provided for convenience and
customs purposes, the written product description available in
Antidumping Duty Order: Certain Cased Pencils from the People's
Republic of China, 59 FR 66909 (December 28, 1994) is dispositive.
Partial Rescission of Review
For those companies named in the Initiation Notice \1\ for whom all
review requests have been withdrawn and who previously received
separate rate status in prior segments of this case, we are rescinding
this administrative review, in accordance with 19 CFR 351.213(d)(I).
These companies are listed in Appendix II.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Requests for Revocation in Part, 77 FR
4759 (January 31, 2012).
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Methodology
The Department has conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act'').
Export prices have been calculated in accordance with section 772 of
the Act. Because the PRC is a non-market economy within the meaning of
section 771(18) of the Act, normal value has been calculated in
accordance with section 773(c) of the Act. Specifically, Dixon's
factors of production have been valued in Thailand and Indonesia, both
of which are economically comparable to the PRC and significant
producers of comparable merchandise.
For a full description of the methodology underlying our
conclusions, see ``Decision Memorandum for Preliminary Results of 2010-
2011 Antidumping Duty Administrative Review: Certain Cased Pencils from
the People's Republic of China,'' from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty Operations
to Paul Piquado, Assistant Secretary for Import Administration, dated
January 2, 2013 (``Preliminary Decision Memorandum'') and hereby
adopted by this notice. The Preliminary Decision Memorandum is a public
document and is on file electronically via Import Administration's
Antidumping and Countervailing Duty Centralized Electronic Service
System (``IA ACCESS''). IA ACCESS is available to registered users at
http://iaaccess.trade.gov and in the Central Records Unit, room 7046 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://www.trade.gov/ia/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
Intent Not To Revoke Order In Part
We preliminary find that Dixon has not satisfied the requirements
of 19 CFR 351.222(b).\2\ Thus, under section 751 of the Act, we
preliminarily determine not to revoke in part the order with respect to
Dixon. See Preliminary Decision Memorandum.
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\2\ The Department recently published a final rule amending this
section of its regulations concerning the revocation of antidumping
and countervailing duty orders in whole or in part, but that final
rule does not apply to this administrative review. See Modification
to Regulation Concerning the Revocation of Antidumping and
Countervailing Duty Orders, 77 FR 29875 (May 21, 2012). Reference to
19 CFR 351.222(b) thus refers to the Department's regulations in
effect prior to June 20, 2012.
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Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margin exists:
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Weighted
average
Exporter dumping
margin
(percent)
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Beijing Fila Dixon Stationery Company, Ltd. a/k/a 92.46
Beijing Dixon Ticonderoga Stationery Company, Ltd. a/k/
a Beijing Dixon Stationery Company, Ltd., and Dixon
Ticonderoga Company....................................
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Disclosure and Public Comment
The Department will disclose calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit written comments no later than 30 days
after the date of publication of these preliminary results of
review.\3\ Rebuttals to written comments may be filed no later than
five days after the written comments are filed.\4\
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\3\ See 19 CFR 351.309(c).
\4\ See 19 CFR 351.309(d).
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Any interested party may request a hearing within 30 days of
publication of this notice.\5\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.\6\
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\5\ See 19 CFR 351.310(c).
\6\ See 19 CFR 351.310(d).
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The Department will issue the final results of this administrative
review, which will include the results of its analysis of issues raised
in any such comments, within 120 days of publication of these
preliminary results, pursuant to section 751(a)(3)(A) of the Act.
Deadline for Submission of Publicly Available Surrogate Value
Information
In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for
submission of publicly available information to value factors of
production under 19 CFR 351.408(c) is 20 days after the date of
publication of the preliminary results. In accordance with 19 CFR
351.301(c)(1), if an interested party submits factual information less
than ten days before, on, or after (if the Department has
[[Page 2365]]
extended the deadline), the applicable deadline for submission of such
factual information, an interested party may submit factual information
to rebut, clarify, or correct the factual information no later than ten
days after such factual information is served on the interested party.
However, the Department generally will not accept in the rebuttal
submission additional or alternative surrogate value information not
previously on the record, if the deadline for submission of surrogate
value information has passed.\7\ Furthermore, the Department generally
will not accept business proprietary information in either the
surrogate value submissions or the rebuttals thereto, as the regulation
regarding the submission of surrogate values allows only for the
submission of publicly available information.\8\
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\7\ See, e.g., Glycine from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review and Final
Rescission, in Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at Comment 2.
\8\ See 19 CFR 351.301(c)(3).
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Assessment Rates
Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (``CBP'') shall assess,
antidumping duties on all appropriate entries covered by this
review.\9\ For assessment purposes, we calculated exporter/importer-
(or customer-) specific assessment rates for merchandise subject to
this review. Dixon reported that its U.S. affiliate was the importer of
record for all U.S. sales. Thus, we calculated an ad valorem rate by
dividing the total dumping margins for reviewed sales by the total
entered values associated with those transactions. If Dixon's
antidumping duty rate exceeds 0.5 percent ad valorem for the final
results of this review, we will instruct CBP to assess duties on all of
Dixon's entries. See 19 CFR 351.106(c)(2). The Department intends to
issue appropriate assessment instructions directly to CBP 15 days after
publication of the final results of this review.
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\9\ See 19 CFR 351.212(b)(1).
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For companies for which this review is rescinded, 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). The Department intends to issue appropriate
assessment instructions regarding entries of the rescinded companies
directly to CBP 15 days after publication of this 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 Dixon, which has a
separate rate, the cash deposit rate will be that established in the
final results of this review (except, if the rate is zero or de
minimis, then no 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 antidumping duties occurred and the subsequent
assessment of double antidumping duties.
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: January 2, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Scope of the Order
2. Non-Market Economy Country
3. Separate Rates
4. Surrogate Country and Surrogate Value Data
5. Economic Comparability
6. Significant Producers of Identical or Comparable Merchandise
7. Data Availability
8. Date of Sale
9. Fair Value Comparisons
10. U.S. Price
11. Normal Value
12. Factor Valuations
13. Currency Conversion
Appendix II
Separate rate companies for which we are rescinding this
administrative review:
China First Pencil Co., Ltd. Orient International Holding
Shanghai Foreign Trade Co., Ltd. Shandong Rongxin Import and Export
Co., Ltd.
[FR Doc. 2013-00452 Filed 1-10-13; 8:45 am]
BILLING CODE 3510-DS-P