[Federal Register Volume 85, Number 60 (Friday, March 27, 2020)]
[Notices]
[Pages 17311-17312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06448]
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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; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Fila
Dixon Stationery (Kunshan) Co., Ltd. (Kunshan Dixon) is not eligible
for a separate rate and, therefore, remains part of the China-wide
entity. The period of review (POR) is December 1, 2017 through November
30, 2018.
DATES: Applicable March 27, 2020.
FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Brian Smith, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6478, or (202) 482-1766,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results on October 10, 2019, and
invited interested parties to comment.\1\ Kunshan Dixon and its
affiliate Beijing Fila Dixon Stationery Co., Ltd. (Beijing Dixon) (the
Dixon Companies) submitted a case brief.\2\ For the events that
occurred subsequent to the Preliminary Results, see Commerce's Issues
and Decision Memorandum.\3\
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\1\ See Certain Cased Pencils from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review
and Rescission of Review, in Part; 2017-2018, 84 FR 54592 (October
10, 2019) (Preliminary Results) and accompanying Preliminary
Decision Memorandum.
\2\ See the Dixon Companies' Letter, ``Certain Cased Pencils
from the People's Republic of China: Case Brief and Request for
hearing by Fila Dixon Stationery (Kunshan) Co., Ltd. (Case No. A-
570-827),'' dated November 12, 2019 (Dixon Companies' Case Brief).
\3\ See Memorandum, ``Certain Cased Pencils from the People's
Republic of China: Issues and Decision Memorandum for the Final
Results; 2017-2018,'' dated concurrently with, and hereby adopted
by, this notice (Issues and Decision Memorandum).
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[[Page 17312]]
Scope of the Order
The merchandise subject to the order includes certain cased pencils
from China. The subject merchandise is currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheading
9609.10.00. Although the HTSUS subheading is provided for convenience
and customs purposes, the written product description is dispositive. A
full description of the scope of the order is contained in the Issues
and Decision Memorandum.
Analysis of Comments Received
In the Issues and Decision Memorandum, we addressed all issues
raised in the Dixon Companies' Case Brief. In the Appendix to this
notice, we provide a list of these issues. 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 https://access.trade.gov and to all parties in the
Central Records Unit, Room B8024 of the main Commerce building. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at http://enforcement.trade.gov/frn. The signed
Issues and Decision Memorandum and the electronic version of the Issues
and Decision Memorandum are identical in content.
Changes From the Preliminary Results
Based on our analysis of the comments received, Commerce has not
revised the Preliminary Results.
Methodology
Commerce has conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). In the
Preliminary Results, Commerce determined that Kunshan Dixon was
ineligible for a separate rate and is part of the China-wide entity,
subject to the China-wide entity rate of 114.90 percent.\4\ As we have
not received any information since the issuance of the Preliminary
Results that provides a basis for reconsidering this determination, we
continue to find that Kunshan Dixon is ineligible for a separate rate.
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\4\ See Preliminary Results.
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As noted in the Preliminary Results, Commerce's policy regarding
conditional review of the China-wide entity applies to this
administrative review.\5\ 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 we did not self-initiate a review,
the entity is not under review and the entity's rate is not subject to
change.
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\5\ See Antidumping Proceedings: Announcement of Change in
Department Practice Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4,
2013).
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For a full description of the methodology underlying our
conclusions, see Issues and Decision Memorandum.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries covered by
this review. We intend to issue assessment instructions to CBP 15 days
after the publication date of these final results of review. We further
intend to instruct CBP to apply an ad valorem assessment rate of 114.90
percent to all entries of subject merchandise during the POR which were
exported by Kunshan Dixon.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these 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 section 751(a)(2)(C) of the Act: (1) For previously
investigated or reviewed Chinese and non-Chinese exporters not listed
above that have separate rates, the cash deposit rate will continue to
be the exporter-specific rate published for the most recently completed
segment of this proceeding in which they were reviewed; (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 equal to the
weighted-average dumping margin for the China-wide entity which is
114.90 percent; and (3) for all non-Chinese exporters of subject
merchandise which have not received their own separate rate, the cash
deposit rate will be the rate applicable to the Chinese exporter(s)
that supplied that non-Chinese exporter. These cash deposit
requirements, effective upon publication of these final results, shall
remain in effect until further notice.
Notification to Importers Regarding the Reimbursement of Duties
This notice also 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 has occurred and the subsequent assessment of
double antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
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 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 of administrative
review and notice in accordance with sections 751(a)(1) and 777(i)(1)
of the Act and 19 CFR 351.221(b)(5).
Dated: March 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether Kunshan Dixon is Subject to Review
Comment 2: Kunshan Dixon's Claim of No Shipments
Comment 3: Whether Commerce Abused its Discretion
V. Recommendation
[FR Doc. 2020-06448 Filed 3-26-20; 8:45 am]
BILLING CODE 3510-DS-P