[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)]
[Notices]
[Pages 3112-3114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01032]
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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; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On September 15, 2017, the Department of Commerce (Commerce)
published in the Federal Register the preliminary results of the
administrative review of the antidumping duty order on certain cased
pencils (pencils) from the People's Republic of China (China) for the
period of review (POR) December 1, 2015, through November 30, 2016. We
continue to find that Tianjin Tonghe Stationery Industrial Co. Ltd.
(Tianjin Tonghe) and Ningbo Homey Union Co., Ltd. (Ningbo Homey) are
not eligible for separate rates and, therefore, remain part of the
China-wide entity. We also determine that the entity composed of Wah
Yuen Stationery Co. Ltd. and Shandong Wah Yuen Stationery Co. Ltd.
(collectively, the Wah Yuen entity) had no shipments during the POR.
DATES: Applicable January 23, 2018.
FOR FURTHER INFORMATION CONTACT: Sergio Balbontin, AD/CVD Operations,
Office VIII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: 202-482-6478.
SUPPLEMENTARY INFORMATION:
Background
On September 15, 2017, Commerce published the Preliminary
Results.\1\ On October 16, 2017, Prime Time Commerce, LLC (Prime Time),
an importer, submitted a case brief.\2\ We received no other interested
party comments.
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\1\ See Certain Cased Pencils from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review, Preliminary Determination of No Shipments, and Rescission of
Review, in Part; 2015-2016, 82 FR 43329 (September 15, 2017)
(Preliminary Results) and accompanying Memorandum from James Maeder,
Senior Director performing the duties of the Associate Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Gary Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, performing the non-
exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review, Preliminary
Determination of No Shipments, and Partial Rescission: Certain Cased
Pencils from the People's Republic of China; 2014-2015''
(Preliminary Decision Memorandum).
\2\ See Letter from Prime Time, ``Certain Cased Pencils from the
People's Republic of China: Case Brief Prime Time Commerce LLC,''
dated October 16, 2017.
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Scope of the Order
The merchandise subject to the order includes certain cased pencils
from China. The subject merchandise is currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheading
9609.10.00. Although the HTSUS subheading is 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.\3\
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\3\ See Memorandum from James Maeder, Senior Director performing
the duties of the Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance, ``Issues and
Decision Memorandum: Certain Cased Pencils from the People's
Republic of China; 2015-2016,'' dated concurrently with and hereby
adopted by this notice. (Issues and Decision Memorandum).
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[[Page 3113]]
Analysis of Comments Received
All issues raised in Prime Time's case brief are addressed in the
accompanying Issues and Decision Memorandum.\4\ A list of these issues
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 and in the Central Records
Unit, room B8024 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://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and
electronic version of the Issues and Decision Memorandum are identical
in content.
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\4\ Id.
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Final Determination of No Shipments
In the Preliminary Results, Commerce determined the Wah Yuen entity
did not have any shipments of subject merchandise during the POR.\5\ As
we have not received any information to contradict our preliminary
finding, we determine that the Wah Yuen entity did not have any
shipments of subject merchandise during the POR. We will issue
appropriate instructions that are consistent with our ``automatic
assessment'' clarification, for these final results.\6\
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\5\ See Preliminary Results, 82 FR 43330, and Preliminary
Decision Memorandum at 4.
\6\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment
Notice); see also ``Assessment Rates'' section below.
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Methodology
Commerce conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). In the
Preliminary Results, Commerce determined that Tianjin Tonghe and Ningbo
Homey were ineligible for a separate rate and are part of the China-
wide entity, subject to the China-wide entity rate of 114.90
percent.\7\ As we have not received any information since the issuance
of the Preliminary Results that provides a basis for reconsidering this
determination, we continue to find that Tianjin Tonghe and Ningbo Homey
are ineligible for a separate rate.
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\7\ See Preliminary Results, 82 FR at 43330-43331, and
Preliminary Decision Memorandum at 5-6.
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As noted in the Preliminary Results, Commerce's policy regarding
conditional review of the China-wide entity applies to this
administrative review.\8\ Under this policy, the China-wide entity will
not be under review unless a party specifically requests, or Commerce
self-initiates, a review of the entity. Because no party requested a
review of the China-wide entity, and we did not self-initiate a review,
the entity is not under review and the entity's rate is not subject to
change.
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\8\ 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 (November 4, 2013).
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For a full description of the methodology underlying our
conclusions, see Issues and Decision Memorandum.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce will determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review.
Commerce intends to issue assessment instructions to CBP 15 days after
the date of publication of these final results of review. With regard
to Tianjin Tonghe and Ningbo Homey, we will instruct CBP to apply an
assessment rate of 114.19 percent of the entered value of subject
merchandise during the POR which was exported by those companies.
Additionally, consistent with its assessment practice in non-market
economy (NME) cases, for the Wah Yuen entity which Commerce determined
had no shipments of the subject merchandise, any suspended entries made
under that exporter's case number (i.e., at that exporter's rate) will
be liquidated at the China-wide rate.\9\
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\9\ For a full discussion of this practice see Assessment
Notice.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of administrative review for
shipments of the subject merchandise from China 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) For companies which
have a separate rate, the cash deposit rate will be that established in
these final results (except, if the rate is zero or de minimis, then
zero cash deposit will be required); (2) for previously investigated or
reviewed Chinese and non-Chinese exporters 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 Chinese
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
China-wide entity; and (4) for all non-Chinese exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the Chinese exporter that supplied
that non-Chinese exporter. These deposit requirements, when imposed,
shall remain in effect until further notice.
Reimbursement of Duties
This notice also serves as a 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 POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Administrative Protective Orders
This notice also serves as a 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, which continues
to govern business proprietary 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. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
This determination is issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: January 16, 2018.
Gary Taverman,
Deputy Assistant Secretary, for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
[[Page 3114]]
4. Discussion of the Issues
Comment 1: Whether Commerce Erred by Rejecting Prime Time's
Information Submitted on Behalf of Ningbo Homey
Comment 2: Whether Commerce Should Calculate an Exporter/
Importer-Specific Margin for Prime Time
5. Recommendation
[FR Doc. 2018-01032 Filed 1-22-18; 8:45 am]
BILLING CODE 3510-DS-P