Notice2022-19341
Certain Cased Pencils From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2020-2021
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 8, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) has completed its administrative review of the antidumping duty order on certain cased pencils (cased pencils) from the People's Republic of China (China) for the period of review (POR) December 1, 2020, through November 30, 2021. We continue to find that the single entity Wah Yuen Stationery Co. Ltd./Shandong Wah Yuen Stationery Co. Ltd. (Wah Yuen) had no shipments of cased pencils during the POR. We also continue to find that Tianjin Tonghe Stationery Co., Ltd. (Tianjin Tonghe) and Ningbo Homey Union Co., Ltd. (Ningbo Homey) are not eligible for a separate rate and should be treated as part of the China-wide entity.
Full Text
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<title>Federal Register, Volume 87 Issue 173 (Thursday, September 8, 2022)</title>
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[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 54959-54961]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19341]
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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; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 54960]]
SUMMARY: The U.S. Department of Commerce (Commerce) has completed its
administrative review of the antidumping duty order on certain cased
pencils (cased pencils) from the People's Republic of China (China) for
the period of review (POR) December 1, 2020, through November 30, 2021.
We continue to find that the single entity Wah Yuen Stationery Co.
Ltd./Shandong Wah Yuen Stationery Co. Ltd. (Wah Yuen) had no shipments
of cased pencils during the POR. We also continue to find that Tianjin
Tonghe Stationery Co., Ltd. (Tianjin Tonghe) and Ningbo Homey Union
Co., Ltd. (Ningbo Homey) are not eligible for a separate rate and
should be treated as part of the China-wide entity.
DATES: Applicable September 8, 2022.
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 July 19, 2022, Commerce published the Preliminary Results in the
Federal Register.<SUP>1</SUP> We invited interested parties to comment
on the Preliminary Results; however, no interested parties submitted
comments. Accordingly, we made no changes to the Preliminary Results.
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\1\ See Certain Cased Pencils from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review
and Preliminary Determination of No Shipments; 2020-2021, 87 FR
42998 (July 19, 2022).
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Scope of the Order <SUP>2</SUP>
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\2\ See Certain Cased Pencils from the People's Republic of
China: Continuation of Antidumping Duty Order, 82 FR 41608
(September 1, 2017); and Antidumping Duty Order: Certain Cased
Pencils from the People's Republic of China, 59 FR 66909 (December
28, 1994) (collectively, Order).
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The merchandise covered by the Order is certain cased pencils of
any shape or dimension (except as described below) which are writing
and/or drawing instruments that feature cores of graphite or other
materials, encased in wood and/or man-made materials, whether or not
decorated and whether or not tipped (e.g., with erasers, etc.) in any
fashion, and either sharpened or unsharpened. The pencils subject to
the Order are currently classifiable under subheading 9609.10.00 of the
Harmonized Tariff Schedule of the United States (HTSUS). Specifically
excluded from the scope of the Order are mechanical pencils, cosmetic
pencils, pens, non-cased crayons (wax), pastels, charcoals, chalks, and
pencils produced under U.S. patent number 6,217,242, from paper infused
with scents by the means covered in the above-referenced patent,
thereby having odors distinct from those that may emanate from pencils
lacking the scent infusion. Also excluded from the scope of the Order
are pencils with all of the following physical characteristics: (1)
length: 13.5 or more inches; (2) sheath diameter: not less than one-
and-one quarter inches at any point (before sharpening); and (3) core
length: not more than 15 percent of the length of the pencil.
In addition, pencils with all of the following physical
characteristics are excluded from the scope of the Order: novelty jumbo
pencils that are octagonal in shape, approximately ten inches long, one
inch in diameter before sharpening, and three-and-one eighth inches in
circumference, composed of turned wood encasing one-and-one half inches
of sharpened lead on one end and a rubber eraser on the other end.
Although the HTSUS subheading is provided for convenience and
customs purposes, the written description of the merchandise covered by
the scope of the Order is dispositive.
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that Wah Yuen \3\
had no shipments of cased pencils during the POR, based on our analysis
of U.S. Customs and Border Protection (CBP) entry documentation and Wah
Yuen's questionnaire responses. We received no comments on our
preliminary finding. As there is no information on the record that
calls into question the finding in the Preliminary Results, we continue
to find in the final results of this review that Wah Yuen had no
shipments of subject merchandise during the POR.
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\3\ In a prior administrative review, 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). 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); see also 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)
(Amended New Shipper Review). We received no comments regarding our
treatment of these companies as a single entity and therefore
continue to collapse them for the final results of this
administrative review.
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China-Wide Entity
With the exception of Wah Yuen, we find all other companies for
which a review was requested to be part of the China-wide entity,
because they did not file no-shipment statements, separate rate
applications, or separate rate certifications. Accordingly, Tianjin
Tonghe and Ningbo Homey are part of the China-wide entity. Because no
party requested a review of the China-wide entity, and Commerce no
longer considers the China-wide entity as an exporter conditionally
subject to administrative reviews, we did not conduct a review of the
China-wide entity.\4\ Accordingly, the rate previously established for
the China-wide entity is 114.90 percent and is not subject to change as
a result of this review.\5\
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\4\ 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).
\5\ See Certain Cased Pencils from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review;
2012-2013, 80 FR 26897 (May 11, 2015).
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Assessment Rates
Commerce will determine, and CBP shall assess, antidumping duties
on all appropriate entries in accordance with section 751(a)(2)(C) of
the Act and 19 CFR 351.212(b)(1). Because we determined that Tianjin
Tonghe and Ningbo Homey are not eligible for a separate rate and are
part of the China-wide entity, we intend to instruct CBP to apply an ad
valorem assessment rate of 114.90 percent (i.e., the China-wide entity
rate) to all entries of subject merchandise during the POR that were
exported by these companies. In addition, as Commerce continues to find
that Wah Yuen did not have any shipments of subject merchandise during
the POR, we will instruct CBP to assess any suspended entries of
subject merchandise associated with Wah Yuen at the China-wide rate.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of these final results of
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to 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).
[[Page 54961]]
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of 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 by section 751(a)(2)(C) of
the Act: (1) Wah Yuen's cash deposit rate will continue to be its
existing exporter-producer specific rate, 30.55 percent; \6\ (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 published for the
most recently-completed period; (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 deposit requirements, when imposed,
shall remain in effect until further notice.
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\6\ See Amended New Shipper Review.
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Notification to Importers Regarding the Reimbursement of Duties
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 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.
Notification Regarding Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), 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 sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h) and
19 CFR 351.221(b)(5).
Dated: August 26, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-19341 Filed 9-7-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 8, 2022.
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