Notice2022-25553
Certain Cased Pencils From the People's Republic of China: Final Results of the Expedited Fifth Sunset Review of the Antidumping Duty Order
Primary source
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Published
November 23, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of this sunset review, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on certain cased pencils (pencils) from the People's Republic of China (China) would be likely to lead to the continuation or recurrence of dumping at the level indicated in the "Final Results of Review" section of this notice.
Full Text
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<title>Federal Register, Volume 87 Issue 225 (Wednesday, November 23, 2022)</title>
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[Federal Register Volume 87, Number 225 (Wednesday, November 23, 2022)]
[Notices]
[Pages 71582-71583]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25553]
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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 the Expedited Fifth Sunset Review of the Antidumping Duty
Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this sunset review, the U.S. Department of
Commerce (Commerce) finds that revocation of the antidumping duty (AD)
order on certain cased pencils (pencils) from the People's Republic of
China (China) would be likely to lead to the continuation or recurrence
of dumping at the level indicated in the ``Final Results of Review''
section of this notice.
DATES: Applicable November 23, 2022.
FOR FURTHER INFORMATION CONTACT: Katherine Johnson, 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) 482-4929.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2022, Commerce published the notice of initiation of
the fifth sunset review of the Order \1\ on pencils from China pursuant
to section 751(c)(2) of the Tariff Act of 1930, as amended (the
Act).\2\ On August 8, 15, and 16, 2022, respectively, Commerce received
notices of intent to participate from the Dixon Ticonderoga Company
(Dixon), Musgrave Pencil Company (Musgrave), and LaRose Industries LLC
dba Cra-Z-Art (LaRose) (collectively, the domestic interested parties)
within the deadline specified in 19 CFR 351.218(d)(1)(i).\3\ These
companies claimed interested party status under section 771(9)(C) of
the Act as domestic producers of pencils in the United States.
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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) (Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 46943
(August 1, 2022).
\3\ See Dixon's Letter, ``Dixon Notice of Intent to Participate
(Fifth Review),'' dated August 8, 2022; Musgrave's Letter, ``Notice
of Intent to Participate,'' dated August 15, 2022; and LaRose's
Letter, ``Notice of Intent to Participate,'' dated August 16, 2022.
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Commerce received complete substantive responses from Dixon and
Musgrave/LaRose on August 26 and 31, 2022, respectively, within the 30-
day
[[Page 71583]]
deadline specified in 19 CFR 351.218(d)(3)(i).\4\ No respondent
interested party submitted a substantive response within the 50-day
deadline. On September 20, 2022, Commerce notified the U.S.
International Trade Commission that it did not receive an adequate
substantive response from respondent interested parties in this sunset
review.\5\ As a result, pursuant to section 751(c)(3)(B) of the Act and
19 CFR 351.218(e)(1)(ii)(C)(2), Commerce is conducting an expedited
(120-day) sunset review of the Order.
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\4\ See Dixon's Letter, ``Dixon Substantive Response (Fifth
Review),'' dated August 26, 2022; and Musgrave/LaRose's Letter,
``Substantive Response of Domestic Interested Parties,'' dated
August 31, 2022.
\5\ See Commerce's Letter, ``Sunset Reviews Initiated on August
1, 2022,'' dated September 20, 2022.
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Scope of the Order
The merchandise covered by the Order is certain cased pencils of
any shape or dimension 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 subject merchandise is currently provided for in item
9609.10.10 of the Harmonized Tariff Schedule of the United States
(HTSUS). While the HTSUS subheading is provided for convenience and
customs purposes, the written description of the scope of this order is
dispositive.\6\
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\6\ For a full description of the scope of the Order, see
Memorandum, ``Issues and Decision Memorandum for the Final Results
of the Expedited Fifth Sunset Review of the Antidumping Duty Order
on Certain Cased Pencils from the People's Republic of China,''
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 this sunset review are addressed in the
accompanying Issues and Decision Memorandum.\7\ A list of topics
discussed in the Issues and Decision Memorandum is included as an
appendix to this notice. 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. A complete version of the Issues and Decision
Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\7\ See Issues and Decision Memorandum.
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Final Results of Review
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the Order would be likely to
lead to the continuation or recurrence of dumping, and that the
magnitude of the margin likely to prevail is up to 53.65 percent.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
an 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
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.
Notification to Interested Parties
We are issuing and publishing these final results and notice in
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and
19 CFR 351.218(e)(1)(ii)(C)(2) and 19 CFR 351.221(c)(5)(ii).
Dated: November 17, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Dumping Margin Likely to Prevail
VII. Final Results of Expedited Fifth Sunset Review
VIII. Recommendation
[FR Doc. 2022-25553 Filed 11-22-22; 8:45 am]
BILLING CODE 3510-DS-P
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