Notice2026-18496
Certain Cased Pencils From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2024-2025
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 10, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that producers/exporters subject to this review made sales of subject merchandise at less than normal value during the period of review (POR), December 1, 2024, through November 30, 2025. Interested parties are invited to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 91 Issue 174 (Thursday, September 10, 2026)</title>
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[Federal Register Volume 91, Number 174 (Thursday, September 10, 2026)]
[Notices]
[Pages 57545-57547]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18496]
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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; 2024-
2025
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that producers/exporters subject to this review made sales
of subject merchandise at less than normal value during the period of
review (POR), December 1, 2024, through November 30, 2025. Interested
parties are invited to comment on these preliminary results of review.
DATES: Applicable September 10, 2026.
FOR FURTHER INFORMATION CONTACT: Eric Chen, 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) 482-2860.
SUPPLEMENTARY INFORMATION:
Background
On February 20, 2026, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review of the antidumping duty order on certain cased pencils (cased
pencils) from the People's Republic of China (China).\1\ On September
2, 2026, Commerce extended the deadline for the preliminary results by
two days.\2\ The deadline for these preliminary results is September 4,
2026.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 91 FR 8186 (February 20, 2026).
\2\ SeeMemorandum, ``Extension of Deadline for Preliminary
Results of 2024-2025 Antidumping Duty Administrative Review,'' dated
September 2, 2026.
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Scope of the Order <SUP>3</SUP>
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\3\ See Certain Cased Pencils from the People's Republic of
China: Continuation of Antidumping Duty Order, 88 FR 15673 (March
14, 2023); see also 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 scope of this Order is cased pencils
from China. See Appendix I for the full description of the scope.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Because
China is a non-market economy (NME) country within the meaning of
section 771(18) of the Act, we applied our NME methodology in
accordance with section 773(c) of the Act.
Separate Rate Determinations
In a proceeding involving an NME country, Commerce maintains a
rebuttable presumption that all companies within the country are
subject to government control and, therefore, should be assessed a
single weighted-average dumping margin.\4\ Commerce notified parties in
the Initiation Notice that ``{t{time} he deadline and requirement for
submitting a Separate Rate Application {(SRA){time} applies equally to
NME-owned firms, wholly foreign-owned firms, and foreign sellers that
purchase and export subject merchandise to the United States.'' \5\
Also in the Initiation Notice, Commerce notified parties of the
application process by which exporters may obtain separate rate status
in this administrative review.\6\ This process requires exporters to
submit an SRA and to demonstrate the absence of both de jure and de
facto government control over their export activities.\7\ In the
Initiation Notice, Commerce required that all firms listed in the
notice ``that wish to qualify for separate rates status in the
administrative reviews involving NME countries must complete, as
appropriate, either a {SRA{time} or {separate rate certification
(SRC){time} . . .'' \8\
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\4\ See, e.g., Polyethylene Terephthalate Film, Sheet, and Strip
from the People's Republic of China: Final Determination of Sales at
Less Than Fair Value, 73 FR 55039, 55040 (September 24, 2008).
\5\ See Initiation Notice, 91 FR at 8188.
\6\ Id.
\7\ For a description of our practice, see Enforcement and
Compliance's Policy Bulletin No. 05.1, regarding ``Separate-Rates
Practice and Application of Combination Rates in Antidumping
Investigations Involving Non-Market Economy Countries,'' (April 5,
2005), available on Commerce's website at <a href="https://www.trade.gov/enforcement-and-compliance-policy-bulletins-0">https://www.trade.gov/enforcement-and-compliance-policy-bulletins-0</a>.
\8\ See Initiation Notice, 91 FR at 8187.
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Commerce's policy is to assign all exporters of merchandise under
consideration that are in an NME country this single rate unless an
exporter can demonstrate that it is sufficiently independent so as to
be entitled to a separate rate.\9\ Commerce analyzes whether each
entity exporting the merchandise under consideration is sufficiently
independent under a test established in Sparklers from China,\10\
further developed in Silicon Carbide from China,\11\ and now codified
in 19 CFR 351.108(b). In accordance with this separate rate test,
Commerce will assign a separate rate in an NME proceeding if a
respondent can demonstrate the absence of both de jure and de facto
government control over its export activities. If, however, Commerce
determines that a company is wholly foreign owned, then a separate rate
analysis is not necessary to determine whether that company is
independent from government control and eligible for a separate rate.
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\9\ See Final Determination of Sales at Less Than Fair Value:
Sparklers from the People's Republic of China, 56 FR 20588, 20589
(May 2, 1994) (Sparklers from China).
\10\ Id.
\11\ See Notice of Final Determination of Sales at Less Than
Fair Value: Silicon Carbide from the People's Republic of China, 59
FR 22585 (May 2, 1994) (Silicon Carbide from China).
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In order to demonstrate eligibility for separate rate status,
Commerce normally requires an exporter for which a review was
requested, and which was assigned a separate rate in a previous
completed segment of the proceeding and which remains active for that
exporter, to submit an SRC stating that it continues to meet the
criteria for obtaining a separate rate.\12\ For an exporter that was
not assigned a separate rate in a previously completed segment of the
proceeding and which remains active for that exporter, to demonstrate
eligibility, Commerce requires an SRA.\13\ A company that submits an
SRA or SRC and which is subsequently selected for examination must
respond to all parts of Commerce's questionnaire
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in order to be eligible for a separate rate.\14\
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\12\ See Initiation Notice, 91 FR at 8187.
\13\ Id.
\14\ Id. at 8188
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In the Initiation Notice, Commerce stated that submission of SRAs
and SRCs were due 14 days after publication of the notice, i.e., March
6, 2026.\15\ Moreover, Commerce specifically noted that ``{t{time} he
deadline and requirement for submitting a Separate Rate Application
applies equally to NME-owned firms, wholly foreign-owned firms, and
foreign sellers who purchase and export subject merchandise to the
United States.'' \16\ The four companies listed in Appendix II to this
notice failed to submit an SRA. As such, consistent with Commerce's
practice for when a party fails to submit an SRA or SRC, we
preliminarily find that the four companies listed in Appendix II are
not eligible for a separate rate, and, therefore, are part of the
China-wide entity.\17\ Commerce's practice with respect to an exporter
that fails to submit an SRA or SRC has been upheld by the U.S. Court of
Appeals for the Federal Circuit.\18\ Commerce further notes that,
because no company submitted a SRA or SRC, there are no remaining
companies subject to review, including the China-wide entity.\19\ As a
result, Commerce did not need to limit examination or select
respondents. Furthermore, because no company or the China-wide entity
were eligible for examination in this review, Commerce did not issue a
questionnaire. Because there are no respondents selected for individual
examination, there is no decision memorandum accompanying this notice.
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\15\ Id.
\16\ Id.
\17\ See e.g., Crystalline Silicon Photovoltaic Cells, Whether
or Not Assembled Into Modules, from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2012-2013, 80 FR 40998 (July 14,
2015) (treating a company as part of the China-wide entity for
failure to submit and SRA, and explaining that ``{t{time} he failure
to provide a separate rate certification is not a ministerial error,
but rather, a failure to comply with {Commerce{time} 's well
established separate rate methodology.''); see also, e.g.,
Hyrdofluorocarbon Blends from the People's Republic of China: Final
Results of the Antidumping Duty Administrative Review; 2019-2020, 86
FR 49516, 49517 (September 3, 2021) (finding that PureMann, Inc.
(PureMann), the sole company subject to the review, did not file and
SRA and did not demonstrate its eligibility for separate rate status
and that, therefore, PureMann was part of the China-wide entity).
\18\ See Repwire LLC v. United States, 628 F.Supp.3d 1288 (CIT
2023), aff'd 2025 WL 2399398 (Fed. Cir. August 19, 2025) (finding
that ``Commerce's actions were reasonable and supported by
substantial evidence'' in a case in which Commerce retracted its
issuance of the initial questionnaire and found that Jin Tiong
Electrical Materials Manufacturer PTE Ltd. was part of the China-
wide entity due to its failure to submit a timely SRA).
\19\ See Initiation Notice, 91 FR at 8190.
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The China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\20\ Under this policy,
the China-wide entity will not be under review 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
and the entity is not under review, the entity's rate (i.e., 114.90
percent) \21\ is not subject to change.
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\20\ 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).
\21\ See Order; see also Certain Cased Pencils From the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; 2021-2022, 88 FR 78721 (November 16, 2023), unchanged from
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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Preliminary Results of Review
Because the four companies listed in Appendix II failed to timely
file either an SRA or SRC in this review, we preliminarily find that
these companies are ineligible for a separate rate and, as such, are
part of the China-wide entity.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in preliminary results within five days of any public
announcement or, if there is no public announcement, within five days
of the date of publication of the notice of preliminary results in the
Federal Register, in accordance with 19 CFR 351.224(b). However,
because we preliminarily find the companies listed in Appendix II to
this notice are a part of the China-wide entity, and subject to the
China-wide entity rate, there are no calculations to disclose.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to no later than 21 days after the
date of the publication of this notice.\22\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than five days
after the date for filing case briefs.\23\ Interested parties who
submit case briefs or rebuttal briefs in this proceeding must submit:
(1) a table of contents listing each issue; and (2) a table of
authorities.\24\
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\22\ See 19 CFR 351.309.
\23\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\24\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we
request that interested parties provide at the beginning of their
briefs a public executive summary for each issue raised in their
briefs.\25\ Further, we request that interested parties limit their
public, executive summary of each issue to no more than 450 words, not
including citations. We intend to use the public, executive summaries
as the basis of the comment summaries included in the issues and
decision memorandum that will accompany the final results in this
administrative review. We request that interested parties include
footnotes for relevant citations in the public, executive summary of
each issue. Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\26\
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\25\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\26\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice. Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants and
whether any participant is a foreign national; and (3) a list of issues
to be discussed. Oral presentations at the hearing will be limited to
issues raised in the briefs. If a request for a hearing is made,
Commerce will inform parties of the scheduled date for the hearing.\27\
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\27\ See 19 CFR 351.310(d).
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with the final results of this review.
For the final results, if we continue to treat the companies
identified in Appendix II as part of the China-wide
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entity, we will instruct CBP to apply an ad valorem assessment rate of
114.90 percent to all entries of subject merchandise during the POR
which were produced and/or exported by those companies.
The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.
If a timely summons is filed at the CIT, 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 the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by sections 751(a)(2)(C) of the Act: (1) for previously
investigated or reviewed China and non-China exporters 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
existing rate for the China-wide entity of 114.90 percent; and (3) for
all non-Chinese exporters of subject merchandise which 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.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of issues raised in case and rebuttal briefs, within 120 days
of publication of these preliminary results of review in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act.
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 antidumping 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 antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: September 4, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Order
The products 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 this Order are currently
classified under subheading 9609.10.00 of the Harmonized Tariff
Schedules of the United States (HTSUS). Specifically excluded from
the scope of this 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 scope of the Order
is dispositive.
Appendix II
Companies Preliminarily Determined To Be Part of the China-Wide Entity
1. Shanghai Yover Stationery Co., Ltd.
2. Yiwu Huijie Make Pens Co., Ltd.
3. Zhejiang Pengsheng Stationery Co., Ltd.
4. Zhejiang Sinopencil Co., Ltd.
[FR Doc. 2026-18496 Filed 9-9-26; 8:45 am]
BILLING CODE 3510-DS-P
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