[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Notices]
[Pages 60636-60638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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

[[Page 60638]]

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