Notice2023-19021
Certain Cased Pencils From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
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 5, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that the single entity Wah Yuen Stationery Co. Ltd./Shandong Wah Yuen Stationery Co. Ltd. (Wah Yuen) is part of the China-wide entity, and continues to find 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 88 Issue 170 (Tuesday, September 5, 2023)</title>
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[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Notices]
[Pages 60636-60638]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19021]
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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; 2021-
2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that the single entity Wah Yuen Stationery Co. Ltd./Shandong
Wah Yuen Stationery Co. Ltd. (Wah Yuen) is part of the China-wide
entity, and continues to find 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 5, 2023.
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 December 28, 1994, Commerce published in the Federal Register
the antidumping duty order on certain cased pencils from the People's
Republic of China (China).\1\ On December 1, 2022, Commerce published
in the Federal Register a notice of opportunity to request an
administrative review of the Order.\2\ Based on timely requests for
review, in accordance with 351.221(c)(1)(i), Commerce published the
initiation of this administrative review on February 2, 2023, with
respect to three companies: Tianjin Tonghe, Ningbo Homey, and Wah
Yuen.\3\ The period of review (POR) is December 1, 2021, through
November 30, 2022. Accordingly, on February 3, 2023, Commerce released
the U.S. Customs and Border Protection (CBP) data to all interested
parties under an administrative protective order and requested comments
regarding the data and respondent selection.\4\ We received no comments
on the CBP data. Moreover, no party filed a claim of no shipments, or a
separate rate application or certification, as appropriate, within the
time period specified in the Initiation Notice.\5\
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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),
see also Certain Cased Pencils from the People's Republic of China:
Continuation of Antidumping Duty Order, 82 FR 41608 (September 1,
2017).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 73752 (December
1, 2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 7060 (February 2, 2023) (Initiation
Notice). 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 a prior administrative review. 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). 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.
\4\ See Memorandum, ``Release of Customers and Border Protection
Data, dated February 3, 2023.
\5\ See Initiation Notice, 88 FR 7060, 7061. As noted in the
Initiation Notice, ``Exporters and producers must file a timely
Separate Rate Application or Certification if they want to be
considered for individual examination.''
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Scope of the Order
Imports covered by the Order are shipments of 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
[[Page 60637]]
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 scope of the Order is
dispositive.
China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\6\ Under this policy, the
China-wide entity will not be reviewed 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.\7\
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\6\ 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).
\7\ See, e.g., 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), unchanged in Certain Cased Pencils from
the People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2020-2021, 87 FR 54959 (September 8, 2022).
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In this review, Wah Yuen did not submit a separate rate
certification that it continues to meet the criteria for obtaining a
separate rate and neither Tianjin Tonghe nor Ningbo Homey submitted a
separate rate application. Commerce considers all companies for which a
review was requested, and which did not demonstrate separate rate
eligibility, to be part of the China-wide entity.\8\ Accordingly, we
preliminarily consider Wah Yuen, Tianjin Tonghe, and Ningbo Homey to be
part of the China-wide entity.
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\8\ 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 to
disclose.
Interested parties may submit case briefs no later than 30 days
after the date of publication of these preliminary results of
review.\9\ 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.\10\ Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who submit case 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.\11\
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\9\ See 19 CFR 351.309(c).
\10\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect).'').
\11\ 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 written 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 by 5:00 p.m. Eastern Time
and filed electronically via ACCESS.\12\ Requests should contain the
party's name, address, telephone number, the number of participants and
whether any of those individuals is a foreign national, and a list of
the issues to be discussed. Issues raised in the hearing will be
limited to those raised in the respective case briefs. If a request for
a hearing is made, we intend to hold the hearing at the date and time
to be determined.\13\ Parties should confirm by telephone the date,
time, and location of the hearing two days before the scheduled date.
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\12\ See 19 CFR 351.310(c).
\13\ Id.
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Unless the deadline is 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 find that Wah Yuen, 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 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) 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; (2) 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
(3) 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.
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
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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 19 CFR 351.221(b)(4).
Dated: August 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-19021 Filed 9-1-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 5, 2023.
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