[Federal Register Volume 79, Number 250 (Wednesday, December 31, 2014)]
[Notices]
[Pages 78795-78797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30755]
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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
Partial Rescission; 2012-2013
AGENCY: Enforcement and Compliance, 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).\1\ The
period of review (POR) is December 1, 2012, through November 30, 2013.
This review covers two exporters of subject merchandise, Shandong
Rongxin Import & Export Co., Ltd. (Rongxin) and Shanghai Foreign Trade
Co., Ltd. (SFTC).
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\1\ See Antidumping Duty Order: Certain Cased Pencils From the
People's Republic of China, 59 FR 66909 (December 28, 1994).
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We preliminarily determine that Rongxin is not eligible for a
separate rate, and, thus, remains part of the PRC-wide entity. In
addition, we are rescinding the review with respect to SFTC. If these
preliminary results are adopted in our final results of review, we will
instruct U.S. Customs and Border Protection (CBP) to assess antidumping
duties on all appropriate entries of subject merchandise during the
POR. Interested parties are invited to comment on these preliminary
results.
DATES: Effective Date: December 31, 2014.
FOR FURTHER INFORMATION CONTACT: Mary Kolberg, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-1785.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order includes certain cased pencils
from the PRC. The subject merchandise is
[[Page 78796]]
currently classifiable under Harmonized Tariff Schedule of the United
States (HTSUS) subheading 9609.1010. Although the HTSUS subheadings are
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, dated
concurrently with and hereby adopted by this notice.\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 Enforcement and Compliance,
``Decision Memorandum for Preliminary Results of Antidumping Duty
Administrative Review and Partial Rescission: Certain Cased Pencils
from the People's Republic of China; 2012-2013,'' dated concurrently
with and hereby adopted by this notice (Preliminary Decision
Memorandum).
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Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if a party that requested
the review withdraws the request within 90 days of the date of
publication of the Initiation Notice. On March 3, 2014, SFTC timely
withdrew its request for a review of its exports.\3\ Accordingly, the
Department is rescinding this administrative review with respect to
SFTC.
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\3\ See letter from SFTC, ``Withdrawal of Request: Antidumping
Duty Administrative Review of the Antidumping Duty Order on Certain
Cased Pencils from the PRC,'' dated March 3, 2014.
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Methodology
The Department is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). However,
as we have preliminarily determined that Rongxin is not eligible for a
separate rate, the Department has not calculated a margin for these
preliminary results. For a full description of the analysis underlying
our conclusions, see the Preliminary Decision Memorandum. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).\4\
ACCESS is available to registered users at http://access.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://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
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\4\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (IA ACCESS) to AD and CVD Centralized
Electronic Service System (ACCESS). The Web site location was
changed from http://iaaccess.trade.gov to http://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at 79 FR 69046 (November 20, 2014).
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Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist \5\:
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\5\ As noted, Rongxin is not eligible for a separate rate.
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Weighted- average
Exporter dumping margin
(percent)
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PRC-wide Rate........................................ 114.90
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Disclosure and Public Comment
The Department intends to disclose to parties to this proceeding
the preliminary separate rate analysis performed in reaching the
preliminary results within five days of the date of publication of
these preliminary results.\6\ Interested parties may submit case briefs
no later than 30 days after the date of publication of the preliminary
results.\7\ Rebuttals to case briefs may be filed no later than five
days after the deadline for filing case briefs and all rebuttal
comments must be limited to comments raised in the case briefs.\8\
Parties who submit case briefs or rebuttal briefs in this proceeding
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.\9\ Case and rebuttal briefs must be filed electronically
via ACCESS.\10\
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\6\ See 19 CFR 351.224(b).
\7\ See 19 CFR 351.309(c)(1)(ii).
\8\ See 19 CFR 351.309(d).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
\10\ See 19 CFR 351.303(b).
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Any interested party may request a hearing within 30 days of
publication of this notice.\11\ 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, 14th Street and Constitution Avenue NW.,
Washington, DC 20230.\12\
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\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310(d).
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The Department intends to issue the final results of this
administrative review, including the results of its analysis of issues
raised in any briefs, within 120 days of publication of these
preliminary results, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuing the final results of review, the Department will
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\13\ The Department intends to issue
appropriate assessment instructions directly to CBP 15 days after
publication of the final results of review.
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\13\ See 19 CFR 351.212(b)(1).
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If, in the course of this review, we reverse our determination and
find that Rongxin is eligible for a separate rate, and Rongxin's
weighted-average dumping margin is above de minimis (i.e., 0.50
percent) in the final results of this review, we will calculate
importer-specific (or customer-specific) ad valorem (or per-unit)
assessment rates on the basis of the ratio of the total amount of
dumping calculated for the importer's examined sales and the total
entered value (or quantity) of those sales in accordance with 19 CFR
351.212(b)(1). Specifically, the Department will apply the assessment
rate calculation method adopted in Final Modification for Reviews.\14\
Where an importer- (or customer-) specific ad valorem rate is zero or
de minimis, we will instruct CBP to liquidate appropriate entries
without regard to antidumping duties.\15\
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\14\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012)
(Final Modification for Reviews).
\15\ See 19 CFR 351.106(c)(2).
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On October 24, 2011, the Department announced a refinement to its
assessment practice in NME cases.\16\ 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, but that entered under the case number of that exporter, the
Department will instruct CBP to liquidate such entries at the PRC-wide
rate. In addition, if the Department determines that an exporter under
review had no shipments of the subject merchandise, any suspended
entries that entered under that exporter's case
[[Page 78797]]
number (i.e., at that exporter's rate) will be liquidated at the PRC-
wide rate.\17\
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\16\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694, 65694-95 (October 24, 2011).
\17\ Id.
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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 sections 751(a)(2)(C) of the Act: (1) The cash deposit rate
for Rongxin will be that established in the final results of this
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 (114.90 percent); 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 cash 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 351.221(b)(4).
Dated: December 12, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Partial Rescission of Review
5. Discussion of the Methodology
a. Non-Market Economy Country
b. Separate Rate
6. Recommendation
Editorial Note: FR Doc. 2014-30755 was originally supposed to publish
in the issue of December 19, 2014, is correctly published in its
entirety in the issue of December 31, 2014.
[FR Doc. 2014-30755 Filed 12-30-14; 8:45 am]
BILLING CODE 1505-01-D