Notice2021-19261
Certain Cased Pencils From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 7, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that Wah Yuen Stationery Co. Ltd. and Shandong Wah Yuen Stationery Co. Ltd. (collectively, Wah Yuen) had no shipments of certain cased pencils from the People's Republic of China (China) during the period of review (POR) December 1, 2019, through November 30, 2020. Commerce also preliminarily determines that Tianjin Tonghe Stationery Co., Ltd. (Tianjin Tonghe) and Ningbo Homey Union Co., Ltd. (Ningbo Homey) are part of the China-wide entity. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 170 (Tuesday, September 7, 2021)</title>
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[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Pages 50023-50025]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19261]
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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
Preliminary Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Wah Yuen Stationery Co. Ltd. and Shandong Wah Yuen Stationery Co.
Ltd. (collectively, Wah Yuen) had no shipments of certain cased pencils
from the People's Republic of China (China) during the period of review
(POR) December 1, 2019, through November 30, 2020. Commerce also
preliminarily determines that Tianjin Tonghe Stationery Co., Ltd.
(Tianjin Tonghe) and Ningbo Homey Union Co., Ltd. (Ningbo Homey) are
part of the China-wide entity. We invite interested parties to comment
on these preliminary results.
DATES: Applicable September 7, 2021.
FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Brian Smith, 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 or (202)
482-1766, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the initiation of this administrative review on
February 4, 2021.\1\ We selected Wah Yuen as the sole mandatory
respondent.\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 8166 (February 4, 2021) (Initiation
Notice).
\2\ See Memorandum, ``Respondent Selection,'' dated March 5,
2021. Commerce determined that Wah Yuen Stationery Co. Ltd. and
Shandong Wah Yuen Stationery Co. Ltd. are affiliated, pursuant to
section 771(33) of the Tariff Act of 1930, as amended (the Act), and
should be treated as a single entity, pursuant to 19 CFR 351.401(f),
in prior administrative reviews. See Certain Cased Pencils from the
People's Republic of China: Preliminary Results of Antidumping Duty
New Shipper Review; 2014-2015, 81 FR 37573 (June 10, 2016), and
accompanying Preliminary Decision Memorandum at 9-10 (unchanged in
Certain Cased Pencils from the People's Republic of China: Final
Results of Antidumping Duty New Shipper Review; 2014-2015, 81 FR
74764 (October 27, 2016) and Certain Cased Pencils from the People's
Republic of China: Amended Final Results of Antidumping Duty New
Shipper Review; 2014-2015, 81 FR 92784 (December 20, 2016)). Because
there is no record evidence indicating that Commerce should revisit
this determination, we are continuing to treat these two companies
as a single entity for purposes of this administrative review.
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[[Page 50024]]
For a complete description of the events that followed the
initiation of this review and analysis of Commerce's preliminary
determinations, see the Preliminary Decision Memorandum.\3\ A list of
topics included in the Preliminary Decision Memorandum is included as
an appendix to this notice.
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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Certain Cased
Pencils from the People's Republic of China; 2019-2020,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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The Preliminary Decision Memorandum is a public document and is on
file electronically via the Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="http://access.trade.gov">http://access.trade.gov</a>. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly on the internet at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
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.
For a complete description of the scope of the order, see the
Preliminary Decision Memorandum.
Preliminary Determination of No Shipments
Based on an analysis of U.S. Customs and Border Protection (CBP)
information and information provided by Wah Yuen, Commerce
preliminarily determines that Wah Yuen had no shipments of subject
merchandise during the POR. Consistent with our practice in non-market
economy (NME) cases, we intend to complete the review with respect to
Wah Yuen and issue appropriate instructions to CBP based on the final
results of the review.\4\
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\4\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
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China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\5\ 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, the entity is not
under review, and the entity's rate of 114.90 percent is not subject to
change.\6\
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\5\ 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).
\6\ See Certain Cased Pencils from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review
and Partial Rescission; 2014-2015, 81 FR 83201, 83202 (November 21,
2016), unchanged in Certain Cased Pencils from the People's Republic
of China: Final Results of Antidumping Duty Administrative Review;
2014-2015, 82 FR 24675 (May 30, 2017), and accompanying Issues and
Decision Memorandum.
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Aside from Wah Yuen, which we preliminarily determine to have made
no shipments, Commerce considers all other companies for which a review
was requested and which did not demonstrate separate rate eligibility
to be part of the China-wide entity.\7\ Accordingly, for the
preliminary results, we consider Tianjin Tonghe and Ningbo Homey,
neither of which submitted a separate rate application, to be part of
the China-wide entity.
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\7\ See Initiation Notice (``All firms listed below that wish to
qualify for separate rate status in the administrative reviews
involving NME countries must complete, as appropriate, either a
separate rate application or certification, as described below.'').
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Disclosure and Public Comment
Normally, Commerce discloses the calculations used in its analysis
to parties in a review within five days of the date of publication of
the notice of preliminary results, in accordance with 19 CFR
351.224(b). However, in this case, there are no calculations on the
record to disclose.
Interested parties may submit case briefs no later than 30 days
after the date of publication of these preliminary results of
review.\8\ Rebuttal briefs may be filed no later than seven days after
the written comments are filed, and all rebuttal comments must be
limited to comments raised in the case briefs.\9\ Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal
briefs in this review 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. Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\10\
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\8\ See 19 CFR 351.309(c).
\9\ See 19 CFR 351.309(d).
\10\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, telephone number; the number of
participants; and a list of the issues to be discussed. If a request
for a hearing is made, we intend to hold the hearing at the date and
time to be determined. Parties should confirm by telephone the date,
time, and location of the hearing two days before the scheduled date.
Unless otherwise extended, we intend to issue the final results of
this review, which will include the results of our analysis of the
issues raised in any briefs, within 120 days of publication of these
preliminary results in the Federal Register, pursuant to section
751(a)(3)(A) of the Act, and 19 CFR 351.213(h).
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping (AD) duties on all appropriate entries
covered by this review, in accordance with 19 CFR 351.212(b). If
Commerce continues to make a no-shipment finding for Wah Yuen in the
final results, any suspended entries of subject merchandise associated
with Wah Yuen will be liquidated at the China-wide rate. Moreover, if
Commerce continues to find that Tianjin Tonghe and Ningbo Homey are
part of the China-wide entity in the final results, Commerce intends to
instruct CBP to liquidate POR entries of subject merchandise from these
companies at the China-wide rate. Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of the final results of this review. If a timely summons is
filed at the U.S. Court of International Trade, the assessment
instructions will direct CBP not to
[[Page 50025]]
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) Wah Yuen's cash deposit rate will continue
to be its existing exporter-specific rate; \11\ (2) for previously
investigated or reviewed Chinese and non-Chinese exporters for which a
review was not requested and 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 the rate for the China-
wide entity; and (4) for all non-Chinese exporters of subject
merchandise that 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 cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\11\ See Certain Cased Pencils from the People's Republic of
China: Amended Final Results of Antidumping Duty New Shipper Review;
2014-2015, 81 FR 92784 (December 20, 2016), and accompanying
memorandum, ``Analysis for the Amended Final Results of the
Antidumping Duty New Shipper Review of Certain Cased Pencils from
the People's Republic of China.''
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of AD duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of AD duties occurred and the subsequent assessment of double AD
duties.
Notification to Interested Parties
We are issuing and publishing the preliminary results of this
administrative review in accordance with sections 751(a)(l) and
777(i)(l) of the Act, and 19 CFR 351.213 and 351.221(b)(4).
Dated: August 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Selection of Respondents
VI. Preliminary Determination of No Shipments
VII. Discussion of the Methodology
VIII. Recommendation
[FR Doc. 2021-19261 Filed 9-3-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 7, 2021.
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