Notice2025-07963
Certain Cased Pencils From the People's Republic of China: Rescission of Antidumping Duty Administrative Review; 2023-2024
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
May 7, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is rescinding the administrative review of the antidumping duty order on certain cased pencils (pencils) from the People's Republic of China (China) for the period of review (POR) December 1, 2023 to November 30, 2024.
Full Text
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<title>Federal Register, Volume 90 Issue 87 (Wednesday, May 7, 2025)</title>
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[Federal Register Volume 90, Number 87 (Wednesday, May 7, 2025)]
[Notices]
[Pages 19268-19269]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-07963]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-827]
Certain Cased Pencils From the People's Republic of China:
Rescission of Antidumping Duty Administrative Review; 2023-2024
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding the
administrative review of the antidumping duty order on certain cased
pencils (pencils) from the People's Republic of China (China) for the
period of review (POR) December 1, 2023 to November 30, 2024.
DATES: Applicable May 7, 2025.
FOR FURTHER INFORMATION CONTACT: Elizabeth Beuley, AD/CVD Operations,
Office IX, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3269.
SUPPLEMENTARY INFORMATION:
Background
On December 28, 1994, Commerce published in the Federal Register
the antidumping duty order on pencils from China.\1\ On December 3,
2024, Commerce published in the Federal Register a notice of
opportunity to request an administrative review of the Order.\2\ On
December 9, 2024, Commerce tolled certain deadlines in this
administrative proceeding by 90 days.\3\ The deadline for the
preliminary results is now December 1, 2025.
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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 Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 89 FR 95737 (December
3, 2024).
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
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On January 13, 2025, Commerce issued a questionnaire to Aloha
Pencil Co. (Aloha Pencil) to assess its standing as a domestic
producer, manufacturer, or wholesaler of pencils during the POR.\4\ On
January 27, 2025, based on
[[Page 19269]]
timely requests for review from Dixon Ticonderoga Company (the
petitioner) and Aloha Pencil, in accordance with 19 CFR
351.221(c)(1)(i) and section 751(a) of the Tariff Act of 1930, as
amended (the Act), Commerce published the initiation of this
administrative review with respect to 39 companies.\5\
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\4\ See Commerce's Letter, ``Aloha Pencil Domestic Standing
Questionnaire,'' dated January 13, 2025.
\5\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 90 FR 8187, 8190 (January 27, 2025)
(Initiation Notice).
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On February 7, 2025, Aloha Pencil timely submitted its Standing
Questionnaire Response.\6\ On February 14, 2025, Commerce issued a
supplemental questionnaire to Aloha Pencil regarding its standing, to
which it timely responded on March 3, 2025.\7\ On February 19, 2025,
China First Pencil Co., Ltd. (China First) submitted comments on Aloha
Pencil's Standing Questionnaire Response.\8\ On March 13, 2025, China
First submitted comments on Aloha Pencil's Supplemental Standing
Questionnaire Response.\9\ On March 20, 2025, Aloha Pencil submitted
rebuttal comments.\10\
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\6\ See Aloha Pencil's Letter, ``Standing Questionnaire
Response,'' dated February 7, 2025 (Standing Questionnaire
Response).
\7\ See Commerce's Letter, ``Supplemental Questionnaire,'' dated
February 14, 2025; see also Aloha Pencil's Letter, ``Standing
Questionnaire Response,'' dated March 3, 2025 (Supplemental Standing
Questionnaire Response).
\8\ See China First's Letter, ``Comments on Aloha's Response to
the Standing Questionnaire,'' dated February 19, 2025.
\9\ See China First's Letter, ``Comments on Aloha's Supplemental
Response To the Standing Questionnaire and Request That The Review
Be Rescinded as to China First Pencil Co., Ltd.,'' dated March 13,
2025 (Deficiency Comments on Supplemental Standing Response).
\10\ See Aloha Pencil's Letter, ``Reply to Comments on Aloha
Pencil Standing Supplemental Questionnaire Response,'' dated March
20, 2025.
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On March 25, 2025, based on the information on the record, Commerce
determined that Aloha Pencil was not a bona fide producer,
manufacturer, or wholesaler of a domestic like product during the
POR.\11\ As a result, Commerce declined to find that Aloha Pencil is a
domestic interested party and stated that it was: (1) treating Aloha
Pencil's review request as void; and (2) preliminarily rescinding this
administrative review with respect to any company for which Aloha
Pencil was the sole requestor.\12\ Consequently, because Aloha Pencil's
request for review of 34 companies was void, and it was the sole party
requesting a review of these companies, only five companies remained
under review: (1) Centraline Stationery & Gift Co. Limited; (2) Ningbo
Homey Union Co., Ltd.; (3) Shandong Wah Yuen Stationery Co. Ltd.; (4)
Tianjin Tonghe Stationery Co. Ltd; and (5) Wah Yuen Stationery Co.
Ltd.\13\
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\11\ See Memorandum, ``Aloha Pencil Company's Standing to
Request Review,'' dated March 25, 2025 (Standing Determination).
\12\ Id.
\13\ See Petitioner's Letter, ``Request for Administrative
Review,'' dated December 26, 2024. See also Initiation Notice, 90 FR
at 8190.
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On March 26, 2025, 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.\14\ We received no comments from interested
parties on the CBP data.
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\14\ See Memorandum, ``Release of Customs Entry Data,'' dated
March 26, 2025.
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On April 3, 2025, Commerce notified all interested parties of its
intent to rescind this review in full because there were no reviewable,
suspended entries of subject merchandise from the five remaining
companies under review and invited comments from interested
parties.\15\ We received no comments from interested parties on our
intent to rescind.
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\15\ See Memorandum, ``Notice of Intent to Rescind Review,''
dated April 3, 2025.
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Rescission of Review
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an antidumping duty order when
there are no reviewable entries of subject merchandise during the POR
for which liquidation is suspended.\16\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
antidumping duty assessment rate calculated for the review period.\17\
Therefore, for an administrative review to be conducted, there must be
a reviewable, suspended entry that Commerce can instruct CBP to
liquidate at the antidumping duty assessment rate calculated for the
review period.\18\ As explained above, because Commerce declined to
find that Aloha Pencil is a domestic interested party, its request for
review of 34 companies is void, and there were no reviewable, suspended
entries of subject merchandise in the CBP data for the five companies
remaining companies under review during the POR. Accordingly, in the
absence of suspended entries of subject merchandise during the POR, we
are hereby rescinding this administrative review, in its entirety, in
accordance with 19 CFR 351.213(d)(3).
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\16\ See, e.g., Dioctyl Terephthalate from the Republic of
Korea: Rescission of Antidumping Administrative Review; 2021-2022,
88 FR 24758 (April 24, 2023); see also Certain Carbon and Alloy
Steel Cut-to-Length Plate from the Federal Republic of Germany:
Recission of Antidumping Administrative Review; 2020-2021, 88 FR
4157 (January 24, 2023); and Lightweight Thermal Paper from Japan:
Rescission of Antidumping Administrative Review; 2022-2023, 89 FR
18373 (March 13, 2024).
\17\ See 19 CFR 351.212(b)(1).
\18\ See 19 CFR 351.213(d)(3).
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Assessment
Commerce will instruct CBP to assess antidumping duties on all
appropriate entries.
Antidumping duties shall be assessed at rates equal to the cash
deposit of estimated antidumping duties required at the time of entry,
or withdrawal from warehouse, for consumption, in accordance with 19
CFR 351.212(c)(1)(i). Commerce intends to issue assessment instructions
to CBP no earlier than 35 days after the date of publication of this
rescission notice in the Federal Register.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 violation subject
to sanction.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).
Dated: May 2, 2025.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2025-07963 Filed 5-6-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 7, 2025.
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