Notice2023-25290
Certain Cased Pencils From the People's Republic of China: Final 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
November 16, 2023
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, 2021, through November 30, 2022. We continue to find that the single entity Wah Yuen Stationery Co. Ltd./Shandong Wah Yuen Stationery Co. Ltd. (Wah Yuen) as well as Tianjin Tonghe Stationery Co., Ltd. (Tianjin Tonghe) and Ningbo Homey Union Co., Ltd. (Ningbo Homey) are part of the China-wide entity.
Full Text
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<title>Federal Register, Volume 88 Issue 220 (Thursday, November 16, 2023)</title>
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[Federal Register Volume 88, Number 220 (Thursday, November 16, 2023)]
[Notices]
[Pages 78721-78723]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25290]
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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; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
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, 2021, through November 30, 2022.
We continue to find that the single entity Wah Yuen Stationery Co.
Ltd./Shandong Wah Yuen Stationery Co. Ltd. (Wah Yuen) as well as
Tianjin Tonghe
[[Page 78722]]
Stationery Co., Ltd. (Tianjin Tonghe) and Ningbo Homey Union Co., Ltd.
(Ningbo Homey) are part of the China-wide entity.
DATES: Applicable November 16, 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 September 5, 2023, Commerce published the Preliminary Results in
the Federal Register.\1\ 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
and no decision memorandum accompanies this Federal Register notice.
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\1\ See Certain Cased Pencils from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review; 2021-2022, 88 FR 60636 (September 5, 2023).
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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, 88 FR 15673 (March
14, 2023); and Antidumping Duty Order: Certain Cased Pencils from
the People's Republic of China, 59 FR 66909 (December 28, 1994)
(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.
China-Wide Entity
We find all 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, Wah Yuen, 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.\3\
Accordingly, the rate previously established for the China-wide entity,
114.90 percent, is not changed as a result of this review.\4\
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\3\ 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).
\4\ 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 U.S. Customs and Border Protection
(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 Wah Yuen, Tianjin Tonghe, and
Ningbo Homey are not eligible for separate rates 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.
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).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of subject merchandise from China entered, or withdrawn from
warehouse, for consumption on or after the publication date of this
notice, as provided 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 published for the
most recently-completed period; (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 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.
Administrative Protective Order
This notice also serves as a final 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(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction
[[Page 78723]]
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: November 9, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-25290 Filed 11-15-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 16, 2023.
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