Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices 74891 

1See Certain Epoxy Resins from the People’s 

Republic of China, India, the Republic of Korea, 

and Taiwan: Initiation of Countervailing Duty 

Investigations, 89 FR 33319 (April 29, 2024) 

(Initiation Notice). 

2See Certain Epoxy Resins from the People’s 

Republic of China, India, the Republic of Korea, 

and Taiwan: Postponement of Preliminary 

Determinations in the Countervailing Duty 

Investigations, 89 FR 46061 (May 28, 2024). 

3See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 

4See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Affirmative Determination of the 

Countervailing Duty Investigation of Certain Epoxy 

Resins from the People’s Republic of China,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Preliminary Decision Memorandum). 

5See Antidumping Duties; Countervailing Duties; 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble). 

resins, diglycidyl ether of bisphenol, 

(chloromethyl)oxirane, or aromatic 

diglycidyl, which are polymers or 

prepolymers containing epoxy groups (i.e., 

three-membered ring structures comprised of 

two carbon atoms and one oxygen atom). 

Epoxy resins range in physical form from low 

viscosity liquids to solids. All epoxy resins 

are covered by the scope of this investigation 

irrespective of physical form, viscosity, 

grade, purity, molecular weight, or molecular 

structure, and packaging. 

Epoxy resins may contain modifiers or 

additives, such as hardeners, curatives, 

colorants, pigments, diluents, solvents, 

thickeners, fillers, plasticizers, softeners, 

flame retardants, toughening agents, 

catalysts, Bisphenol F, and ultraviolet light 

inhibitors, so long as the modifier or additive 

has not chemically reacted so as to cure the 

epoxy resin or convert it into a different 

product no longer containing epoxy groups. 

Such epoxy resins with modifiers or 

additives are included in the scope where the 

epoxy resin component comprises no less 

than 30 percent of the total weight of the 

product. The scope also includes blends of 

epoxy resins with different types of epoxy 

resins, with or without the inclusion of 

modifiers and additives, so long as the 

combined epoxy resin component comprises 

at least 30 percent of the total weight of the 

blend. 

Epoxy resins that enter as part of a system 

or kit with separately packaged co-reactants, 

such as hardeners or curing agents, are 

within the scope. The scope does not include 

any separately packaged co-reactants that 

would not fall within the scope if entered on 

their own. 

The scope includes merchandise matching 

the above description that has been 

processed in a third country, including by 

commingling, diluting, introducing, or 

removing modifiers or additives, or 

performing any other processing that would 

not otherwise remove the merchandise from 

the scope of this investigation if performed 

in the subject country. 

The scope also includes epoxy resin that is 

commingled or blended with epoxy resin 

from sources not subject to these 

investigations. Only the subject component 

of such commingled products is covered by 

the scope of this investigation. 

Excluded from the scope are phenoxy 

resins, which are polymers with a weight 

greater than 11,000 Daltons, a Melt Flow 

Index (MFI) at 200 °C (392 °F) no less than 4 

grams and no greater than 70 grams per 10 

min, Glass-Transition Temperatures (Tg) no 

less than 80 °C (176 °F) and no greater than 

100 °C (212 °F), and which contain no epoxy 

groups other than at the terminal ends of the 

molecule. 

Excluded from the scope are certain paint 

and coating products, which are blends, 

mixtures, or other formulations of epoxy 

resin, curing agent, and pigment, in any form, 

packaged in one or more containers, wherein 

(1) the pigment represents a minimum of 10 

percent of the total weight of the product, (2) 

the epoxy resin represents a maximum of 80 

percent of the total weight of the product, 

and (3) the curing agent represents 5 to 40 

percent of the total weight of the product. 

Excluded from the scope are preimpregnated 

fabrics or fibers, often referred to as ‘‘prepregs,’’ which are composite materials 

consisting of fabrics or fibers (typically 

carbon or glass) impregnated with epoxy 

resin. 

This merchandise is currently classifiable 

under Harmonized Tariff Schedule of the 

United States (HTSUS) subheading 

3907.30.0000. Subject merchandise may also 

be entered under subheadings 3907.29.0000, 

3824.99.9397, 3214.10.0020, 2910.90.9100, 

2910.90.9000, 2910.90.2000, and 

1518.00.4000. The HTSUS subheadings are 

provided for convenience and customs 

purposes only; the written description of the 

scope is dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Injury Test 

IV. Diversification of India’s Economy 

V. Subsidies Valuation 

VI. Use of Facts Otherwise Available and 

Adverse Inferences 

VII. Analysis of Programs 

VIII. Recommendation 

[FR Doc. 2024–20887 Filed 9–12–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–167] 

Certain Epoxy Resins From the 

People’s Republic of China: 

Preliminary Affirmative Countervailing 

Duty Determination, Preliminary 

Affirmative Determination of Critical 

Circumstances, and Alignment of Final 

Determination With Final Antidumping 

Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that countervailable 

subsidies are being provided to 

producers and exporters of certain 

epoxy resins (epoxy resins) from the 

People’s Republic of China (China) for 

the period of investigation (POI) January 

1, 2023, through December 31, 2023. 

Interested parties are invited to 

comment on this preliminary 

determination. 

DATES: Applicable September 13, 2024. 

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 

This preliminary determination is 

made in accordance with section 703(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this countervailing 

duty (CVD) investigation on April 29, 

2024.1 On May 28, 2024, Commerce 

postponed the preliminary 

determination until September 3, 2024.2

On July 22, 2024, Commerce tolled 

certain deadlines in this administrative 

proceeding by seven days.3 The 

deadline for the preliminary 

determination is now September 9, 

2024. 

For a complete description of events 

that followed the initiation of this 

investigation, see the Preliminary 

Decision Memorandum.4 A list of topics 

discussed in the Preliminary Decision 

Memorandum is included as Appendix 

II to this notice. The Preliminary 

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. In addition, a complete 

version of the Preliminary Decision 

Memorandum can be accessed directly 

at https://access.trade.gov/public/ 

FRNoticesListLayout.aspx. 

Scope of the Investigation 

The products covered by this 

investigation are epoxy resins. For a 

complete description of the scope of this 

investigation, see Appendix I. 

Scope Comments 

In accordance with the Preamble to 

Commerce’s regulations,5 the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 


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74892 Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices 

6See Initiation Notice. 

7See Certain Epoxy Resins from the People’s 

Republic of China, India, the Republic of Korea, 

Taiwan, and Thailand: Postponement of 

Preliminary Determinations in the Less-Than-FairValue Investigations, 89 FR 65583 (August 12, 2024) 

(LTFV Preliminary Postponement). 

8The deadline for interested parties to submit 

scope case and rebuttal briefs will be established in 

the preliminary scope decision memorandum. 

9See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

of the Act regarding benefit; and section 771(5A) of 

the Act regarding specificity. 

10See Petitioner’s Letter, ‘‘Petitioner’s Request to 

Align Countervailing Duty Investigation Final 

Determination with Antidumping Duty 

Investigation Final Determination,’’ dated August 

15, 2024. The petitioner is the U.S. Epoxy Resin 

Producers Ad Hoc Coalition. 

11 LTFV Preliminary Postponement. 

coverage (i.e., scope).6 We received 

several comments concerning the scope 

of this investigation, as well as in the 

companion less-than-fair value (LTFV) 

and CVD investigations of epoxy resins, 

as it appeared in the Initiation Notice. 

We are currently evaluating the scope 

comments filed by the interested 

parties. We intend to issue our 

preliminary decision regarding the 

scope of the LTFV and CVD 

investigations in the preliminary 

determinations of the companion LTFV 

investigations, the deadline for which is 

November 6, 2024.7 We will incorporate 

the scope decisions from the LTFV 

investigations into the scope of the final 

CVD determination for this investigation 

after considering any relevant comments 

submitted in scope case and rebuttal 

briefs.8

Methodology 

Commerce is conducting this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found countervailable, 

Commerce preliminarily determines 

that there is a subsidy, i.e., a financial 

contribution by an ‘‘authority’’ that 

gives rise to a benefit to the recipient, 

and that the subsidy is specific.9

Commerce notes that, in making these 

findings, it relied on facts available and, 

because it finds that the Government of 

China and both mandatory respondents 

did not act to the best of their abilities 

to respond to Commerce’s requests for 

information, Commerce has drawn an 

adverse inference where appropriate in 

selecting from among the facts 

otherwise available. For a full 

description of the methodology 

underlying our preliminary conclusions, 

see the Preliminary Decision 

Memorandum. 

Preliminary Affirmative Determination 

of Critical Circumstances 

In accordance with section 703(e)(1) 

of the Act, we preliminarily find that 

critical circumstances exist with respect 

to imports of subject merchandise for 

Jiangsu Sanmu Group Co., Ltd. (Sanmu), 

Shandong Bluestar Dongda Chemical 

(Bluestar), and all other producers and/ 

or exporters. For a full discussion of our 

preliminary critical circumstances 

determination, see the ‘‘Critical 

Circumstances’’ section of the 

Preliminary Decision Memorandum. 

Alignment 

As noted in the Preliminary Decision 

Memorandum, in accordance with 

section 705(a)(1) of the Act and 19 CFR 

351.210(b)(4), Commerce is aligning the 

final CVD determination with the final 

determination in the companion LTFV 

investigation of epoxy resins from China 

based on a request made by the 

petitioner.10 Consequently, the final 

CVD determination will be issued on 

the same date as the final LTFV 

determination, which is currently 

scheduled to be issued no later than 

January 21, 2025, unless postponed.11

All-Others Rate 

Sections 703(d) and 705(c)(5)(A) of 

the Act provide that, in the preliminary 

determination, Commerce shall 

determine an estimated all-others rate 

for companies not individually 

examined. This rate shall be an amount 

equal to the weighted average of the 

estimated subsidy rates established for 

those companies individually 

examined, excluding any rates that are 

zero, de minimis, or based entirely 

under section 776 of the Act. 

Pursuant to section 705(c)(5)(A)(ii) of 

the Act, if the individual estimated 

countervailable subsidy rates 

established for all exporters and 

producers individually examined are 

zero, de minimis, or determined based 

entirely on facts otherwise available, 

Commerce may use ‘‘any reasonable 

method’’ to establish the estimated 

subsidy rate for all other producers or 

exporters. In this investigation, 

Commerce preliminarily determined the 

individually estimated subsidy rate for 

each of the individually examined 

respondents based entirely on facts 

available under section 776 of the Act. 

This is the only rate available in this 

proceeding for deriving the all-others 

rate. Consequently, pursuant to sections 

703(d) and 705(c)(5)(A)(ii) of the Act, 

Commerce established the all-others rate 

by applying the countervailable subsidy 

rate assigned to the mandatory 

respondents. 

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated 

countervailable subsidy rates exist: 

Company 

Subsidy rate 

(percent ad 

valorem) 

Jiangsu Sanmu Group Co., 

Ltd ..................................... * 108.64 

Shandong Bluestar Dongda 

Chemical ........................... * 108.64 

All Others .............................. * 108.64 

* Rate based on an adverse inference. 

Suspension of Liquidation 

In accordance with section 

703(d)(1)(B) and (d)(2) of the Act, 

Commerce will direct U.S. Customs and 

Border Protection (CBP) to suspend 

liquidation of entries of subject 

merchandise as described in the scope 

of the investigation entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication of this notice in the Federal 

Register. Further, pursuant to 19 CFR 

351.205(d), Commerce will instruct CBP 

to require a cash deposit equal to the 

rates indicated above. 

Section 703(e)(2) of the Act provides 

that, given an affirmative determination 

of critical circumstances, any 

suspension of liquidation shall apply to 

unliquidated entries of merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the later of: 

(a) the date which is 90 days before the 

date on which the suspension of 

liquidation was first ordered; or (b) the 

date on which notice of initiation of the 

investigation was published. Commerce 

preliminarily finds that critical 

circumstances exist for imports of 

subject merchandise produced and/or 

exported by Bluestar, Sanmu, and all 

other producers and/or exporters. In 

accordance with section 703(e)(2)(A) of 

the Act, the suspension of liquidation 

shall apply to unliquidated entries of 

merchandise from the exporters/ 

producers identified in this paragraph 

that were entered, or withdrawn from 

warehouse, for consumption on or after 

the date which is 90 days before the 

publication of this notice. 

Disclosure 

Normally, Commerce discloses its 

calculations performed in connection 

with the preliminary determination to 

interested parties within five days of its 

public announcement, or if there is no 

public announcement, within five days 

of the date of publication of the notice, 

in accordance with 19 CFR 351.224(b). 

However, because Commerce 

preliminarily applied facts available 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices 74893 

12See 19 CFR 351.309(c)(1)(i); see also 19 CFR 

351.303 (for general filing requirements). 

13See 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 Final Rule). 

14See 19 CFR 351.309(c)(2) and (d)(2). 

15We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

16See APO and Service Final Rule, 88 FR at 

67069. 

17See 19 CFR 351.310(d). 

with adverse inferences in the 

assignment of a subsidy rate for Bluestar 

and Sanmu, there are no calculations to 

disclose. 

Verification 

Because the examined respondents in 

this investigation did not provide 

information Commerce requested and 

Commerce preliminarily determines 

that each of the examined respondents 

has been uncooperative, it will not 

conduct verification. 

Public Comment 

All interested parties will have the 

opportunity to submit scope case and 

rebuttal briefs on the preliminary 

decision regarding the scope of the 

LTFV and CVD investigations. The 

deadlines to submit scope case and 

rebuttal briefs will be provided in the 

preliminary scope decision 

memorandum. For all scope case and 

rebuttal briefs, parties must file 

identical documents simultaneously on 

the records of the ongoing LTFV and 

CVD epoxy resins investigations. No 

new factual information or business 

proprietary information may be 

included in either scope case or rebuttal 

briefs. 

Case briefs or other written comments 

on non-scope issues may be submitted 

to the Assistant Secretary for 

Enforcement and Compliance at a time 

to be determined.12 Rebuttal briefs, 

limited to issues raised in the case 

briefs, may be submitted no later than 

five days after the deadline date for 

filing case briefs.13 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.14

As provided under 19 CFR 

351.309(c)(2) and (d)(2), in prior 

proceedings we have encouraged 

interested parties to provide an 

executive summary of their brief that 

should be limited to five pages total, 

including footnotes. In this 

investigation, we instead request that 

interested parties provide at the 

beginning of their briefs a public, 

executive summary for each issue raised 

in their briefs.15 Further, we request that 

interested parties limit their executive 

summary of each issue to no more than 

450 words, not including citations. We 

intend to use the executive summaries 

as the basis of the comment summaries 

included in the issues and decision 

memorandum that will accompany the 

final determination in this investigation. 

We request that interested parties 

include footnotes for relevant citations 

in the 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).16

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, via ACCESS within 30 days 

after the date of publication of this 

notice. Requests should contain the 

party’s name, address, and telephone 

number, the number of participants, and 

a list of the 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, parties 

will be notified of the time and date for 

the hearing.17 Parties should confirm by 

telephone the date, time, and location of 

the hearing two days before the 

scheduled date. 

U.S. International Trade Commission 

Notification 

In accordance with section 703(f) of 

the Act, Commerce will notify the U.S. 

International Trade Commission (ITC) of 

its determination. If the final 

determination is affirmative, the ITC 

will determine before the later of 120 

days after the date of this preliminary 

determination or 45 days after the final 

determination whether imports of epoxy 

resins from China are materially 

injuring, or threaten material injury to, 

the U.S. industry. 

Notification to Interested Parties 

This determination is issued and 

published in accordance with sections 

703(f) and 777(i)(1) of the Act, and 19 

CFR 351.205(c). 

Dated: September 9, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix I 

Scope of the Investigation 

The merchandise subject to this 

investigation is fully or partially uncured 

epoxy resins, also known as epoxide resins, 

polyepoxides, oxirane resins, ethoxyline 

resins, diglycidyl ether of bisphenol, 

(chloromethyl)oxirane, or aromatic 

diglycidyl, which are polymers or 

prepolymers containing epoxy groups (i.e., 

three-membered ring structures comprised of 

two carbon atoms and one oxygen atom). 

Epoxy resins range in physical form from low 

viscosity liquids to solids. All epoxy resins 

are covered by the scope of this investigation 

irrespective of physical form, viscosity, 

grade, purity, molecular weight, or molecular 

structure, and packaging. 

Epoxy resins may contain modifiers or 

additives, such as hardeners, curatives, 

colorants, pigments, diluents, solvents, 

thickeners, fillers, plasticizers, softeners, 

flame retardants, toughening agents, 

catalysts, Bisphenol F, and ultraviolet light 

inhibitors, so long as the modifier or additive 

has not chemically reacted so as to cure the 

epoxy resin or convert it into a different 

product no longer containing epoxy groups. 

Such epoxy resins with modifiers or 

additives are included in the scope where the 

epoxy resin component comprises no less 

than 30 percent of the total weight of the 

product. The scope also includes blends of 

epoxy resins with different types of epoxy 

resins, with or without the inclusion of 

modifiers and additives, so long as the 

combined epoxy resin component comprises 

at least 30 percent of the total weight of the 

blend. 

Epoxy resins that enter as part of a system 

or kit with separately packaged co-reactants, 

such as hardeners or curing agents, are 

within the scope. The scope does not include 

any separately packaged co-reactants that 

would not fall within the scope if entered on 

their own. 

The scope includes merchandise matching 

the above description that has been 

processed in a third country, including by 

commingling, diluting, introducing, or 

removing modifiers or additives, or 

performing any other processing that would 

not otherwise remove the merchandise from 

the scope of the investigation if performed in 

the subject country. 

The scope also includes epoxy resin that is 

commingled or blended with epoxy resin 

from sources not subject to this investigation. 

Only the subject component of such 

commingled products is covered by the scope 

of this investigation. 

Excluded from the scope are phenoxy 

resins, which are polymers with a weight 

greater than 11,000 Daltons, a Melt Flow 

Index (MFI) at 200 °C (392 °F) no less than 4 

grams and no greater than 70 grams per 10 

min, Glass-Transition Temperatures (Tg) no 

less than 80 °C (176 °F) and no greater than 

100 °C (212 °F), and which contain no epoxy 

groups other than at the terminal ends of the 

molecule. 

Excluded from the scope are certain paint 

and coating products, which are blends, 

mixtures, or other formulations of epoxy 

resin, curing agent, and pigment, in any form, 

packaged in one or more containers, wherein 

(1) the pigment represents a minimum of 10 

percent of the total weight of the product, (2) 

the epoxy resin represents a maximum of 80 

percent of the total weight of the product, 


khammond on DSKJM1Z7X2PROD with NOTICES
74894 Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices 

1See Antidumping Duty Order: Certain Cased 

Pencils from the People’s Republic of China, 59 FR 

66909 (December 28, 1994) (Order). 

2See Antidumping or Countervailing Duty Order, 

Finding, or Suspended Investigation; Opportunity 

to Request Administrative Review and Join Annual 

Inquiry Service List, 88 FR 83917 (December 1, 

2023). 

3See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 89 FR 

8641, 8643 (February 8, 2024) (Initiation Notice). 

4See Memorandum, ‘‘Release of Customs Entry 

Data,’’ dated February 14, 2024. 

5See Petitioner’s Letter, ‘‘Refiled Dixon’s 

Objection to Aloha Pencil Co.’s Request for 

Administrative Review of the Antidumping Duty 

Order on Cased Pencils from the People’s Republic 

of China,’’ dated March 7, 2024. 

6See Initiation Notice, 89 FR at 8642 (‘‘Exporters 

and producers must file a timely Separate Rate 

Application or Certification if they want to be 

considered for individual examination.’’). 

7See Commerce’s Letters, ‘‘Extension for Separate 

Rate Application or Certification,’’ dated March 6, 

2024; ‘‘Extension for Separate Rate Application or 

Certification,’’ dated March 21, 2024; and 

‘‘Extension for Separate Rate Application or 

Certification,’’ dated April 3, 2024. 

8See Commerce’s Letter, ‘‘Standing 

Questionnaire,’’ dated March 13, 2024. 

9See Aloha’s Letter, ‘‘Standing Questionnaire 

Response,’’ dated March 25, 2024 (Standing 

Questionnaire Response). 

10See Petitioner’s Letter, ‘‘Dixon’s Rebuttal to 

Aloha Pencil Co.’s Standing Questionnaire 

Responses,’’ dated March 29, 2024. 

11See Memorandum, ‘‘Aloha Pencil Company’s 

Standing to Request Review,’’ dated April 9, 2024 

(Standing Determination). 

12 Id. 

13See Petitioner’s Letter, ‘‘Request for 

Administrative Review,’’ dated January 2, 2024. 

14See Aloha’s Letter, ‘‘Request for 

Reconsideration and Alternative Request to 

Expedite Final Decision on Domestic Party 

Standing and Publish Final Partial Rescission in the 

Federal Register,’’ dated May 2, 2024. 

15See Petitioner’s Letter, ‘‘Dixon’s Response to 

Aloha Pencil Co.’s Request for Reconsideration,’’ 

dated May 9, 2024. 

and (3) the curing agent represents 5 to 40 

percent of the total weight of the product. 

Excluded from the scope are 

preimpregnated fabrics or fibers, often 

referred to as ‘‘pre-pregs,’’ which are 

composite materials consisting of fabrics or 

fibers (typically carbon or glass) impregnated 

with epoxy resin. 

This merchandise is currently classifiable 

under Harmonized Tariff Schedule of the 

United States (HTSUS) subheading 

3907.30.0000. Subject merchandise may also 

be entered under subheadings 3907.29.0000, 

3824.99.9397, 3214.10.0020, 2910.90.9100, 

2910.90.9000, 2910.90.2000, and 

1518.00.4000. The HTSUS subheadings are 

provided for convenience and customs 

purposes only; the written description of the 

scope is dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Injury Test 

IV. Analysis of China’s Financial System 

V. Diversification of China’s Economy 

VI. Use of Facts Otherwise Available and 

Adverse Inferences 

VII. Critical Circumstances 

VIII. Recommendation 

[FR Doc. 2024–20888 Filed 9–12–24; 8:45 am] 

BILLING CODE 3510–DS–P 

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; 2022–2023 

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, 

2022, through November 30, 2023. 

DATES: Applicable September 13, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Robert Copyak, 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) 482–3642. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 28, 1994, Commerce 

published in the Federal Register the 

antidumping duty order on pencils from 

China.1 On December 1, 2023, 

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 from Dixon Ticonderoga 

Company (the petitioner) and Aloha 

Pencil Co. (Aloha), in accordance with 

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 on February 

8, 2024, with respect to 17 companies.3

On February 14, 2024, 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 from interested parties on the 

CBP data. 

On March 7, 2024, the petitioner 

submitted an objection to Aloha’s 

request for administrative review 

alleging that Aloha did not qualify for 

producer, manufacturer, or wholesaler 

status during the POR.5 In the Initiation 

Notice, Commerce required that 

interested parties submit a separate rate 

application (SRA) or separate rate 

certification (SRC) within 30 days of 

publication of the Initiation Notice.6

Because of the petitioner’s objection to 

Aloha’s request for review, we extended 

the deadline for parties to file an SRA 

or SRC multiple times.7 However, no 

party submitted an SRA or SRC within 

the extended time frame. 

On March 13, 2024, Commerce issued 

a questionnaire to Aloha to assess its 

standing as a domestic producer, 

manufacturer, or wholesaler of pencils 

during the POR.8 On March 25, 2024, 

Aloha timely submitted its response.9

On March 29, 2024, the petitioner 

submitted rebuttal factual information 

regarding Aloha’s standing 

questionnaire response.10

On April 9, 2024, based on the 

information on the record, Commerce 

determined that Aloha 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 

is a domestic interested party and stated 

that it was: (1) treating Aloha’s review 

request as void; and (2) preliminarily 

rescinding this administrative review 

with respect to any company for which 

Aloha was the sole requestor.12

Consequently, because Aloha’s request 

for review of 14 companies was void, 

and it was the sole party requesting a 

review of these companies, only three 

companies remained under review: (1) 

Shandong Wah Yuen Stationery Co. 

Ltd.; Wah Yuen Stationery Co. Ltd.; (2) 

Tianjin Tonghe Stationery Co., Ltd.; and 

(3) Ningbo Homey Union Co., Ltd.13

On May 2, 2024, we received 

comments from Aloha on the Standing 

Determination, arguing that Aloha had 

provided sufficient information to 

support its claims that it was a bona fide 

producer or manufacturer, and 

requesting that Commerce expedite its 

final decision.14 On May 9, 2024, the 

petitioner submitted rebuttal comments 

supporting the Standing Determination 

and requesting that Commerce reject 

Aloha’s request to expedite its final 

decision.15

On June 7, 2024, 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 three 

remaining companies under review and 

invited comments from interested 


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