[Federal Register Volume 80, Number 90 (Monday, May 11, 2015)]
[Notices]
[Pages 26897-26898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10622]
[[Page 26897]]
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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; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 31, 2014, the Department of Commerce (the
Department) published the preliminary results and partial rescission of
the administrative review of the antidumping duty order on certain
cased pencils (pencils) from the People's Republic of China (PRC). We
gave interested parties an opportunity to comment on the preliminary
results in a notice. The period of review (POR) is December 1, 2012,
through November 30, 2013. This review covers one exporter of subject
merchandise, Shandong Rongxin Import & Export Co., Ltd. (Rongxin). For
the final results, we continue to find that Rongxin is not eligible for
a separate rate, and, thus, remains part of the PRC-wide entity.
DATES: Effective: May 11, 2015.
FOR FURTHER INFORMATION CONTACT: Mary Kolberg or Sergio Balbontin, 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, (202) 482-6478, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 31, 2014, the Department published the preliminary
results and partial rescission of the administrative review of the
antidumping duty order on pencils from the PRC.\1\ Between February 2,
2015, and February 4, 2015, we received a case brief and a rebuttal
brief with respect to the Preliminary Results. We 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 Partial Rescission; 2012-2013, 79 FR 78795 (December 31, 2014)
(Preliminary Results). Based on the timely withdrawal of the request
for review of Orient International Holding Shanghai Foreign Trade
Co., Ltd. (SFTC), we rescinded the review of SFTC. In the
Preliminary Results, the Department inadvertently omitted ``Orient
International Holding'' in referencing SFTC's full company name.
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Scope of the Order
The merchandise subject to the order includes 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 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 Issues and
Decision Memorandum, dated concurrently with and hereby adopted by this
notice.\2\
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\2\ See Memorandum ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review: Certain
Cased Pencils from the People's Republic of China; 2012-2013'' dated
concurrently with and hereby adopted by this notice (Issues and
Decision Memorandum).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
to this administrative review are addressed in the Issues and Decision
Memorandum. A list of the issues raised is attached to this notice as
an appendix. The Issues and 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). ACCESS is available to registered users at http://access.trade.gov. The Issues and Decision Memorandum is also 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
Enforcement and Compliance Web site at http://enforcement.trade.gov/frn. The signed and electronic versions of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
The Department conducted this review in accordance with section
751(a)(1)(B) of the Act. Based on our analysis of the comments
received, we did not make any revisions to the Preliminary Results. For
a full description of the analysis underlying our conclusions, see the
Issues and Decision Memorandum.
PRC-Wide Rate and PRC-Wide Entity
For the Preliminary Results, the Department assigned to the PRC-
wide entity the rate of 114.90 percent.\3\ Because this rate is the
same as the PRC-wide rate from previous segments of this proceeding and
nothing on the record of this review calls into question the
reliability of the PRC-wide rate, we find it appropriate to continue to
apply the rate of 114.90 percent to the PRC-wide entity.
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\3\ See Notice of Amended Final Results and Partial Rescission
of Antidumping Duty Administrative Review: Certain Cased Pencils
from the People's Republic of China, 67 FR 59049 (September 19,
2002).
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In the Preliminary Results, the Department determined that Rongxin
was not eligible for a separate rate and, therefore, Rongxin is part of
the PRC-wide entity. After reviewing the issues raised in the case and
rebuttal briefs from interested parties, the Department continues to
find Rongxin ineligible for a separate rate. Thus, we continue to treat
Rongxin as part of the PRC-wide entity.\4\
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\4\ The Department's change in policy regarding conditional
review of the PRC-wide entity is not applicable to this
administrative review. 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).
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Final Results of the Review
As a result of this administrative review, we determine 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 dumping
Exporter margin
(percent)
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PRC-Wide Entity *...................................... 114.90
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* Includes Shandong Rongxin Import & Export Co., Ltd.
Assessment
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department shall determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries
covered by this review in accordance with the final results of this
review.
The Department announced a refinement to its assessment practice in
non-market economy country antidumping proceedings.\6\ 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 PRC-wide rate. In addition, for
[[Page 26898]]
companies where the Department determined that the exporter under
review had no shipments of the subject merchandise, any suspended
entries that entered under that exporter's case number (i.e., at that
exporter's rate) will be liquidated at the PRC-wide rate.\7\
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\6\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment
Practice Refinement).
\7\ For a full discussion of this practice, see Assessment
Practice Refinement.
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We intend to issue assessment instructions to CBP 15 days after the
date of publication of the final results of review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of review for all 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 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 exporter-specific rate; (2) 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 of 114.90 percent; (3) 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 shall remain in effect
until further notice.
Notification
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 Secretary's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as the only reminder to parties subject to
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. 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.
These final results of review are issued and published in
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR
351.213.
Dated: April 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Separate Rate/PRC-Wide Entity
5. Discussion of the Issues
Comment 1: Whether Rongxin is Entitled to a Separate Rate
Comment 2: Whether Dixon is a U.S. Manufacturer of Subject
Merchandise, and, therefore, Entitled to Request an Administrative
Review of Rongxin
6. Recommendation
[FR Doc. 2015-10622 Filed 5-8-15; 8:45 am]
BILLING CODE 3510-DS-P