[Federal Register Volume 78, Number 171 (Wednesday, September 4, 2013)]
[Notices]
[Pages 54452-54453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21382]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-827]


Certain Cased Pencils From the People's Republic of China: 
Rescission of Antidumping Duty Administrative Review; 2011-2012

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Department) is rescinding the 
administrative review of the antidumping duty order on certain cased 
pencils (pencils) from the People's Republic of China (PRC) for the 
period December 1, 2011, through November 30, 2012, based on the 
withdrawal of the review request by one company and on the revocation 
of the order with respect to the second company for which a review was 
requested.

DATES: Effective: September 4, 2013.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg at (202) 482-1785; AD/CVD 
Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On January 30, 2013, the Department initiated an administrative 
review of the antidumping duty order on pencils from the PRC for the 
period December 1, 2011, through November 30, 2012, based on self-
requests by Beijing Fila Dixon Stationery Company, Ltd. and Orient 
International Holding Shanghai Foreign Trade Co., Ltd. 
(SFTC).1 2 On February 4, 2013, SFTC withdrew its request 
for review. On July 18, 2013, the Department published the final 
results of the 2010-2011 administrative review of pencils from the PRC, 
in which it revoked the antidumping duty order on pencils (pencils 
order) with respect to Dixon effective December 1, 2011.\3\
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    \1\ Beijing Fila Dixon Stationery Company, Ltd. is also known as 
Beijing Dixon Ticonderoga Stationery Company, Ltd., Beijing Dixon 
Stationery Company, Ltd., and Dixon Ticonderoga Company 
(collectively, Dixon).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Requests for Revocation in Part, 78 FR 
6291 (January 30, 2013).
    \3\ See 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, 78 FR 42932 (July 
18, 2013), and accompanying Issues and Decision Memorandum 
(``Pencils 2010-2011 Final'').
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Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(l), the Department will rescind an 
administrative review, in whole or in part, if the party that requested 
a review withdraws the request within 90 days of the publication of the 
notice of initiation of the requested review. In this case, SFTC 
withdrew its request within the 90-day deadline. Therefore, in 
accordance with 19 CFR 351.213(d)(1), we are rescinding the instant 
review with respect to SFTC.
    In addition, since, the Department revoked the pencils order with 
respect to Dixon effective December 1, 2011, the instant review is moot 
with respect to Dixon. Therefore, we are rescinding the review with 
respect to Dixon.
    Therefore, because no other parties requested a review of this 
order for this period, we are rescinding the administrative review of 
the pencils order covering the period December 1, 2011, through 
November 30, 2012, in its entirety.

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to assess antidumping duties on all entries of pencils from the 
PRC, except for entries exported by Dixon. 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 to CBP 15 days 
after the date of publication of this notice of rescission of 
administrative review.
    As a result of Pencils 2010-2011 Final, we already terminated the 
suspension of liquidation for subject merchandise exported by Dixon 
that was entered, or withdrawn from warehouse, for consumption, on or 
after December 1, 2011, and instructed CBP to refund, with interest, 
any cash deposits for such entries.

Notifications

    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 presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative

[[Page 54453]]

protective order (``APO'') of their responsibility concerning the 
disposition of proprietary information disclosed under APO in 
accordance with 19 CFR 351.305(a)(3). Timely written notification of 
the return or destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a sanctionable violation.
    This notice is in accordance with section 751(a)(1) and 777(i)(1) 
of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).

    Dated: August 26, 2013.
Gary Taverman,
Senior Advisor for Antidumping and Countervailing Duty Operations.
[FR Doc. 2013-21382 Filed 9-3-13; 8:45 am]
BILLING CODE 3510-DS-P