60636 Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Notices 

1See 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). 

2See 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). 

3See 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. 

4See Memorandum, ‘‘Release of Customers and 

Border Protection Data, dated February 3, 2023. 

5See 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.’’ 

PROPOSED FISCAL YEAR 2025 ANNUAL MATERIALS PLAN—Continued 

Material Unit Quantity Footnote 

Triamino Trinitrobenzene (TATB) ..................................................................................... Lbs ............................ 48,000 ........................

Potential Recovery from Government sources: 

Aerospace Alloys .............................................................................................................. Lbs ............................ 1,500,000 ........................

Battery Materials ............................................................................................................... MT ............................ 100 ........................

Boron Carbide ................................................................................................................... MT ............................ 300 ........................

Cobalt ................................................................................................................................ Lbs ............................ 50,000 ........................

E-Waste ............................................................................................................................ MT ............................ 100 2 

Germanium ....................................................................................................................... kg .............................. 5,000 ........................

Iridium Catalyst ................................................................................................................. Lbs ............................ 200 ........................

Magnesium Metal .............................................................................................................. MT ............................ 25 ........................

Rare Earths ....................................................................................................................... Lbs ............................ 20,000 ........................

Tantalum ........................................................................................................................... MT ............................ 10 ........................

Yttrium Aluminum Garnet Rods ........................................................................................ kg .............................. 250 ........................

1 Actual quantity will be limited to remaining excess inventory. 

2 Strategic and Critical Materials collected from E-Waste (Strategic Materials collected from electronics waste). 

Thea D. Rozman Kendler, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2023–19057 Filed 9–1–23; 8:45 am] 

BILLING CODE 3510–33–P 

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

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 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Notices 60637 

6See 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). 

7See, 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). 

8See 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.’’) 

9See 19 CFR 351.309(c). 

10See 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).’’). 

11See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19; Extension 

of Effective Period, 85 FR 41363 (July 10, 2020). 

12See 19 CFR 351.310(c). 

13 Id. 

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 Chinawide 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

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. 

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

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. 

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 nonChinese 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 


ddrumheller on DSK120RN23PROD with NOTICES1
60638 Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Notices 

1See Certain Hot-Rolled Steel Flat Products from 

the Republic of Korea: Final Results of 

Countervailing Duty Administrative Review; 2018, 

86 FR 47621 (August 26, 2021) (Final Results), and 

accompanying Issues and Decision Memorandum 

(IDM). 

2See Final Results IDM at Comments 2 and 3. 

3 Id. at 7 and Comment 3. 

4 Id. at 7 and Comment 2. 

5See Hyundai Steel Company v. United States, 

Court No. 21–00536, Slip Op. 23–15 (CIT 2023). 

6See Final Results of Redetermination Pursuant 

to Court Remand, Hyundai Steel Company v. 

United States, Court No. 21–00536, Slip Op. 23–15 

(CIT February 10, 2023), dated April 7, 2023, 

available at https://access.trade.gov/resources/ 

remands/23-15.pdf. 

7See Hyundai Steel Company v. United States, 

Court No. 21–00536, Slip. Op. 23–121, at 13. 

8See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

9See Diamond Sawblades Manufacturers 

Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 

2010) (Diamond Sawblades). 

10This company is also known as Hyundai Steel 

Co., Ltd. 

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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–580–884] 

Certain Hot-Rolled Steel Flat Products 

From the Republic of Korea: Notice of 

Court Decision Not in Harmony With 

the Results of Countervailing Duty 

Administrative Review; Notice of 

Amended Final Results 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On August 21, 2023, the U.S. 

Court of International Trade (CIT) 

issued its final judgment in Hyundai 

Steel Company v. United States, Court 

No. 21–00536, sustaining the U.S. 

Department of Commerce (Commerce)’s 

remand results pertaining to the 

administrative review of the 

countervailing duty (CVD) order on 

certain hot-rolled steel flat products 

(HRS) from the Republic of Korea 

(Korea) covering the period January 1, 

2018, through December 31, 2018. 

Commerce is notifying the public that 

the CIT’s final judgement is not in 

harmony with Commerce’s final results 

of the administrative review, and that 

Commerce is amending the final results 

with respect to the countervailable 

subsidy rate assigned to Hyundai Steel 

Company (Hyundai Steel). 

DATES: Applicable August 31, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Nathan James, AD/CVD Operations, 

Office V, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–5305. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 26, 2021, Commerce 

published its Final Results of the 2018 

CVD administrative review of HRS from 

Korea.1 Commerce determined that 

Hyundai Steel received countervailable 

subsidies from the Government of Korea 

(GOK) under various programs, 

including the Reduction for Sewerage 

Fees program and the Provision of Port 

Usage Rights at the Port of Incheon 

program.2 With respect to the sewerage 

fees program, we found that Hyundai 

Steel’s reduced sewerage bill reflected 

revenue forgone, and we calculated a 

0.01 percent ad valorem subsidy rate for 

the program.3 With respect to the Port 

of Incheon program, we found that 

Hyundai Steel received a financial 

contribution in the form of revenue 

forgone, because the GOK gave Hyundai 

Steel the right to collect berthing 

income and harbor facility usage fees 

which otherwise would have been 

collected by the GOK.4

Hyundai Steel appealed Commerce’s 

Final Results. On February 10, 2023, the 

CIT remanded Commerce’s 

determination that the Port of Incheon 

program conferred a benefit; the CIT 

also, at Commerce’s request, remanded 

Commerce’s determination related to 

the sewerage fees program.5

In its final remand redetermination, 

issued in April 2023, Commerce 

reexamined the Reduction for Sewerage 

Fees program and determined that the 

program was not countervailable. We 

also provided further explanation for 

our determination that the Port of 

Incheon program should be analyzed as 

a revenue forgone subsidy program and 

that it conferred a benefit. We adjusted 

the final subsidy rate calculation from 

the previous rate of 0.51 percent for 

Hyundai Steel to a new subsidy rate of 

0.50 percent.6 The CIT sustained 

Commerce’s final results of 

redetermination.7

Timken Notice 

In its decision in Timken,8 as clarified 

by Diamond Sawblades,9 the U.S. Court 

of Appeals for the Federal Circuit held 

that, pursuant to sections 516A(c) and 

(e) of the Tariff Act of 1930, as amended 

(the Act), Commerce must publish a 

notice of court decision that is not ‘‘in 

harmony’’ with a Commerce 

determination and must suspend 

liquidation of entries pending a 

‘‘conclusive’’ court decision. The CIT’s 

August 21, 2023, judgment constitutes a 

final decision of the CIT that is not in 

harmony with Commerce’s Final 

Results. Thus, this notice is published 

in fulfillment of the publication 

requirements of Timken. 

Amended Final Results 

Because there is now a final court 

judgment, Commerce is amending its 

Final Results with respect to the subsidy 

rate assigned to Hyundai Steel as 

follows: 

Company 

Subsidy rate 

(percent 

ad valorem) 

Hyundai Steel Company 10 ... 0.50 

Cash Deposit Requirements 

Because Hyundai Steel has a 

superseding cash deposit rate, i.e., there 

have been final results published in a 

subsequent administrative review, we 

will not issue revised cash deposit 

instructions to U.S. Customs and Border 

Protection (CBP). This notice will not 

affect the current cash deposit rate for 

Hyundai Steel. 

Liquidation of Suspended Entries 

At this time, Commerce remains 

enjoined by CIT order from liquidating 

entries that: were produced and/or 

exported by Hyundai Steel Co., Ltd., (a/ 

k/a Hyundai Steel Company or Hyundai 

Steel), and were entered, or withdrawn 

from warehouse, for consumption 

during the period January 1, 2018, 

through December 31, 2018. These 

entries will remain enjoined pursuant to 

the terms of the injunction during the 

pendency of any appeals process. 

In the event the CIT’s ruling is not 

appealed, or, if appealed, upheld by a 

final and conclusive court decision, 

Commerce intends to instruct CBP to 

assess countervailing duties on 

unliquidated entries of subject 


ddrumheller on DSK120RN23PROD with NOTICES1