[Federal Register Volume 78, Number 138 (Thursday, July 18, 2013)]
[Notices]
[Pages 42932-42934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17160]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-827]
Certain Cased Pencils From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review and Determination To
Revoke Order In Part; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 11, 2013, the Department of Commerce (the
Department) published the preliminary results of the antidumping duty
administrative review of 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/k/a Beijing Dixon Ticonderoga Stationery Company, Ltd., a/k/a
Beijing Dixon Stationery Company, Ltd., and Dixon Ticonderoga Company
(collectively, Dixon). For the final results, we find that Dixon did
not make sales of the subject merchandise at less than normal value.
Furthermore, the Department is revoking the antidumping duty order in
part with respect to Dixon.
DATES: Effective Date: July 18, 2013.
FOR FURTHER INFORMATION CONTACT: Mary Kolberg or Sergio Balbontin, AD/
CVD Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-1785
or (202) 482-6478, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 11, 2013, the Department published the preliminary
results of the administrative review of the antidumping duty order on
pencils from the PRC.\1\ On January 31, 2013, the Department received
comments from Dixon concerning the Department's selection of the
surrogate country and the surrogate values used in the Preliminary
Results. The Department conducted verification of Dixon's sales and
factors of production responses from April 8, 2013, through April 10,
[[Page 42933]]
2013, in Beijing, PRC. We received a case brief from Dixon on June 3,
2013, and held a hearing on June 20, 2013. We have conducted this
administrative review in accordance with section 751 of the Tariff Act
of 1930, as amended (the Act).
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\1\ See 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, 78 FR 2363
(January 11, 2013) (Preliminary Results).
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Scope of the Order
The merchandise covered by the order includes certain cased pencils
from the PRC. Certain cased pencils subject to the order are currently
classified under the Harmonized Tariff Schedule of the United States
(HTSUS) subheading 9609.10.00. While the HTSUS subheading is provided
for convenience and customs purposes, the written description of the
scope of the order is dispositive. A full description of the scope of
the order is contained in the issues and decision memorandum.\2\
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\2\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations to Paul
Piquado, Assistant Secretary for Import Administration, entitled
``Issues and Decision Memorandum for the Administrative Review of
the Antidumping Duty Order on Certain Cased Pencils from the
People's Republic of China'' dated concurrently with this notice
(Issues and Decision Memorandum).
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The Issues and 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 is available to all parties in the Central Records Unit, room 7046
of the main Department of Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
on the Internet at http://www.trade.gov/ia. The signed Issues and
Decision Memorandum and the electronic versions of the Issues and
Decision Memorandum are identical in content.
Analysis of Comments Received
All issues raised in Dixon's case brief are addressed in the Issues
and Decision Memorandum. A list of the issues raised is attached to
this notice as an Appendix.
Changes From the Preliminary Results
Based on further information and comments received from Dixon, we
have made certain revisions to the margin calculations for Dixon.
Specifically, for the reasons explained in the Issues and Decision
Memorandum at Comment 1, regarding whether to use India or the
Philippines instead of Thailand as the primary surrogate country, we
have relied upon the Philippines as the primary surrogate country for
valuing Dixon's factors of production for these final results.
Notice of Revocation of the Order, In Part
As explained in the Issues and Decision Memorandum, Dixon has met
the criteria described in 19 CFR 351.222(b)(1) and (2) for revocation
of the order, in part, and has submitted the certifications and
agreement for reinstatement described in 19 CFR 351.222(e)(1).\3\
Therefore, we determine that the order with respect to subject
merchandise exported by Dixon should be revoked.
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\3\ In May 2012, the Department amended its regulations to
eliminate the provision for revocation of an antidumping or
countervailing duty order with respect to individual exporters or
producers based on those individual exporters or producers having
received antidumping rates of zero for three consecutive years. See
Modification to Regulation Concerning the Revocation of Antidumping
and Countervailing Duty Orders, 77 FR 29875 (May 21, 2012). The
Department's amendment applies to all reviews initiated on or after
June 20, 2012. The instant review was initiated in January 2012.
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Final Results of the Review
As a result of this review, we determine that the following
weighted-average dumping margin exists for Dixon for the period
December 1, 2010, through November 30, 2011:
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Weighted-
average
Exporter dumping
margin
(percent)
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Beijing Fila Dixon Stationery Company, Ltd. a/k/a Beijing 0.00
Dixon Ticonderoga Stationery Company, Ltd., a/k/a Beijing
Dixon Stationery Company, Ltd..............................
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Assessment Rates
In accordance with the Final Modification,\4\ the Department will
instruct U.S. Customs and Border Protection (CBP) to liquidate entries
for Dixon without regard to antidumping duties.
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\4\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification).
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The Department recently announced a refinement to its assessment
practice in non-market economy (NME) cases.\5\ Pursuant to this
refinement in practice, for entries that were not reported in the U.S.
sales databases submitted by companies individually examined during
this review, the Department will instruct CBP to liquidate such entries
at the NME-wide rate.
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\5\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
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 is
revoked from the order, 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.
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
Notification to Importers Regarding the Reimbursement of Duties
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties. See 19 CFR 351.402(f)(3).
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary
[[Page 42934]]
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. See 19
CFR 351.305(a)(3). Failure to comply with the regulations and the terms
of an APO is a sanctionable violation. See 19 CFR part 354.
These final results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: July 10, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
Comment 1: Whether to use India or the Philippines instead of
Thailand as the primary surrogate country
Comment 2: Whether the antidumping duty order should be revoked as
to Dixon
[FR Doc. 2013-17160 Filed 7-17-13; 8:45 am]
BILLING CODE 3510-DS-P