Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Notices 10457 

1See Antidumping Duty Order: Certain Cased 

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

66909 (December 28, 1994) (Order). 

2A/k/a Beijing Dixon Ticonderoga Stationery 

Company, Ltd., and Beijing Dixon Stationery 

Company. 

3See Certain Cased Pencils From the People’s 

Republic of China: Final Results of Antidumping 

Duty Administrative Review and Determination To 

Revoke Order In Part; 2010–2011, 78 FR 42932 (July 

18, 2013) (Revocation) and accompanying Issues 

and Decision Memorandum (IDM). 

4See Order. 

5See Revocation and accompanying IDM. 

6See letter from Dixon, ‘‘Request for Changed 

Circumstances Review pursuant to 19 CFR 351.216 

on behalf of Dixon Ticonderoga Company’’ dated 

November 27, 2014 at 4 (CCR Request) and refiled 

on December 10, 2014. 

7 Id. at 2. 

8 Id. at 5. 

9For a complete description of the Scope of the 

Order, please see Memorandum to Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance, from Christian Marsh, Deputy 

Assistant Secretary for Antidumping and 

Countervailing Duty Operations, ‘‘Antidumping 

Duty Order on Certain Cased Pencils From the 

People’s Republic of China: Decision Memorandum 

for Preliminary Results of Antidumping Duty 

Changed Circumstances Review Requested by the 

Dixon Ticonderoga Companies,’’ dated concurrently 

with this notice (Preliminary Decision 

Memorandum). 

10See, e.g., Certain Activated Carbon From the 

People’s Republic of China: Notice of Initiation of 

Changed Circumstances Review, 74 FR 19934, 

19935 (April 30, 2009). 

11See, e.g., Notice of Initiation of Antidumping 

Duty Changed Circumstances Review: Certain 

Continued 

was submitted pursuant to the 

provisions of the Foreign-Trade Zones 

Act, as amended (19 U.S.C. 81a–81u), 

and the regulations of the Board (15 CFR 

part 400). It was formally docketed on 

February 20, 2015. 

The proposed subzone (3.9090 acres) 

is located at Road #5, Marginal Street, 

Luchetti Industrial Park, Bo. Juan 

Sanchez, Bayamon. The proposed 

subzone would be subject to the existing 

activation limit of FTZ 61. No 

authorization for production activity has 

been requested at this time. 

In accordance with the Board’s 

regulations, Camille Evans of the FTZ 

Staff is designated examiner to review 

the application and make 

recommendations to the Executive 

Secretary. 

Public comment is invited from 

interested parties. Submissions shall be 

addressed to the Board’s Executive 

Secretary at the address below. The 

closing period for their receipt is April 

7, 2015. Rebuttal comments in response 

to material submitted during the 

foregoing period may be submitted 

during the subsequent 15-day period to 

April 22, 2015. 

A copy of the application will be 

available for public inspection at the 

Office of the Executive Secretary, 

Foreign-Trade Zones Board, Room 

21013, U.S. Department of Commerce, 

1401 Constitution Avenue NW., 

Washington, DC 20230–0002, and in the 

‘‘Reading Room’’ section of the Board’s 

Web site, which is accessible via 

www.trade.gov/ftz. For further 

information, contact Camille Evans at 

Camille.Evans@trade.gov or (202) 482– 

2350. 

Dated: February 20, 2015. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. 2015–04070 Filed 2–25–15; 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: Notice of 

Initiation and Preliminary Results of 

Antidumping Duty Changed 

Circumstances Review 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) has received 

information sufficient to warrant 

initiation of a changed circumstances 

review of the antidumping duty order 

on certain cased pencils (pencils) from 

the People’s Republic of China (PRC).1

Based upon the request, the Department 

is initiating a changed circumstances 

review (CCR) to determine whether 

pencils exported by Beijing FILA Dixon 

Stationery Co., Ltd.2 (Beijing Dixon) 

continue not to be subject to the Order. 

In response to the request, and pursuant 

to section 751(b) of the Tariff Act of 

1930, as amended (the Act), 19 CFR 

351.216, and 19 CFR 351.221(c)(3), the 

Department preliminarily determines 

that Beijing Dixon, after the changed 

circumstances, is the successor-ininterest to Beijing Dixon at the time of 

the Revocation, such that the revocation 

of the antidumping duty order with 

respect to Beijing Dixon 3 continues to 

apply to Beijing Dixon as currently 

structured. We invite interested parties 

to comment on these preliminary 

results. 

DATES: Effective: February 26, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Sergio Balbontin, AD/CVD Operations, 

Office I, Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce, 14th Street 

and Constitution Avenue NW., 

Washington, DC 20230; telephone: (202) 

482–6478. 

SUPPLEMENTARY INFORMATION: On 

December 28, 1994, the Department 

published the Order on pencils from the 

PRC.4 On July 18, 2013, the Department 

revoked the Order on pencils from the 

PRC with respect to pencils exported by 

Beijing Dixon.5

Background 

On November 27, 2014, pursuant to 

19 CFR 351.216 and 19 CFR 351.221, 

Beijing Dixon, and the Dixon 

Ticonderoga Company (Ticonderoga), 

Beijing Dixon’s U.S. parent company, 

requested a CCR because Beijing Dixon’s 

production of pencils is now performed 

by Fila Dixon Stationery (Kunshan) Co., 

Ltd. (Kunshan Dixon), a wholly-owned 

subsidiary of Beijing Dixon formed after 

the Revocation.6 Beijing Dixon and 

Dixon Ticonderoga requested that the 

Department ‘‘confirm that {Kunshan 

Dixon} is the same entity as (or 

successor-in-interest to) Beijing 

Dixon.’’ 7 Beijing Dixon produced and 

exported pencils at the time of the 

Revocation. Beijing Dixon has since 

amended its business license and 

continues to function as the exporter of 

pencils, now produced by its subsidiary 

Kunshan Dixon.8 Based on these events 

since the Revocation, Ticonderoga and 

Beijing Dixon contend that Kunshan 

Dixon is the successor-in-interest to 

Beijing Dixon; as such, they request that 

the Department apply its determination 

to revoke the Order with respect to 

Beijing Dixon to pencils produced by 

Kunshan Dixon and exported by Beijing 

Dixon. 

Scope of the Order 

The merchandise subject to the order 

includes pencils from the PRC. Pencils 

are currently classifiable under 

Harmonized Tariff Schedule of the 

United States (HTSUS) subheading 

9609.1010. Although the HTSUS 

subheadings are provided for 

convenience and customs purposes, the 

written product description is 

dispositive.9

Methodology 

In making a successor-in-interest 

determination, the Department typically 

examines several factors including, but 

not limited to, changes in: (1) 

Management; (2) production facilities; 

(3) supplier relationships; and (4) 

customer base.10 While no single factor 

or combination of factors will 

necessarily be dispositive, the 

Department generally will consider the 

new company to be the successor to the 

predecessor if the resulting operations 

of the successor are not materially 

dissimilar to that of its predecessor.11


rmajette on DSK2VPTVN1PROD with NOTICES
10458 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Notices 

Forged Stainless Steel Flanges from India, 71 FR 

327, 327 (January 4, 2006). 

12See, e.g., Fresh and Chilled Atlantic Salmon 

From Norway; Final Results of Changed 

Circumstances Antidumping Duty Administrative 

Review, 64 FR 9979, 9980 (March 1, 1999). 

Thus, if the record demonstrates that, 

with respect to the production and sale 

of the subject merchandise, the new 

company operates as the same business 

entity as the predecessor company, the 

Department may assign the new 

company the cash deposit rate of its 

predecessor.12 For a full description of 

the methodology underlying our 

conclusions, see the Preliminary 

Decision Memorandum. A list of topics 

discussed in the Preliminary Decision 

Memorandum is included as Appendix 

I of this notice. 

Initiation and Preliminary Results of 

the Changed Circumstances Review 

Pursuant to section 751(b)(1) of the 

Act and 19 CFR 351.216(d), the 

Department will conduct a CCR upon 

receipt of a request from an interested 

party or receipt of information 

concerning an antidumping duty order 

which shows changed circumstances 

sufficient to warrant a review of the 

order. Section 351.221(c)(3)(ii) of the 

Department’s regulations permits the 

Department to combine the initiation 

and preliminary results of a CCR if the 

Department concludes that expedited 

action is warranted. In this instance, we 

have information on the record 

necessary to reach the preliminary 

results of CCR. As such, we find that 

expedited action is warranted. 

Accordingly, we have combined the 

preliminary results with the initiation. 

We preliminarily determine that 

Beijing Dixon, under its new business 

license, (i.e., Beijing Dixon is now 

registered as an exporter, and it exports 

pencils produced by Kunshan Dixon), is 

the successor-in-interest to Beijing 

Dixon for the purposes of administering 

the Order and it revocation with respect 

to Beijing Dixon. The Preliminary 

Decision Memorandum provides a full 

description of the analysis underlying 

our conclusions. 

Public Comment 

Interested parties are invited to 

comment on these preliminary results in 

accordance with 19 CFR 

351.309(c)(1)(ii). Pursuant to 19 CFR 

351.310(c), any interested party may 

request a hearing within 30 days of 

publication of this notice. Parties will be 

notified of the time and date of any 

hearing, if requested. Pursuant to 19 

CFR 351.309(c)(1)(ii), interested parties 

may submit case briefs and/or written 

comments not later than 30 days after 

the publication of this notice. Rebuttal 

briefs, and rebuttals to written 

comments, which must be limited to 

issues raised in such briefs or 

comments, may be filed not later than 

5 days after the date of publication of 

this notice. Parties who submit case 

briefs or rebuttal briefs in this CCR are 

requested to submit with each 

argument: (1) A statement of the issue; 

and (2) a brief summary of the 

argument; and (3) a table of authorities. 

Interested parties who wish to comment 

on the preliminary results must file 

briefs electronically using ACCESS. An 

electronically-filed document must be 

received successfully in its entirety by 

the Department’s electronic records 

system, ACCESS, by 5 p.m. Eastern 

Time on the date the document is due. 

In accordance with 19 CFR 

351.216(e), the Department intends to 

issue the final results of this changed 

circumstance review not later than 270 

days after the date on which the review 

is initiated, or within 45 days if all 

parties agree to our preliminary finding. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 751(b) and 

777(i)(1) of the Act, and 19 CFR 351.216 

and 351.221(c)(3)(ii). 

Dated: February 18, 2015. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix I 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

1. Summary 

2. Background 

3. Scope of the Order 

4. Successor-in-Interest Analysis 

a. Analytical Framework 

b. Relevant Facts 

i. Management 

ii. Production Facilities 

iii. Customer Base 

iv. Suppliers 

c. Analysis 

i. Time Period 

ii. Successorship Analysis 

1. Management 

2. Production Facilities 

3. Customer Base 

Suppliers 

5. Recommendation 

[FR Doc. 2015–04081 Filed 2–25–15; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XD784 

Fisheries of the Northeastern United 

States; Atlantic Herring Fishery; Notice 

of Intent To Prepare an Environmental 

Impact Statement; Scoping Process; 

Request for Comments 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; intent to prepare an 

environmental impact statement and 

initiate scoping process; request for 

comments. 

SUMMARY: The New England Fishery 

Management Council announces its 

intention to prepare, in cooperation 

with NMFS, an environmental impact 

statement in accordance with the 

National Environmental Policy Act. An 

environmental impact statement may be 

necessary to provide analytical support 

for Amendment 8 to the Atlantic 

Herring Fishery Management Plan. 

Amendment 8 would specify a longterm acceptable biological catch control 

rule for the herring fishery and consider 

acceptable biological catch control rule 

alternatives that account for herring’s 

role in the ecosystem. This notice is to 

alert the interested public of the scoping 

process and potential development of a 

draft environmental impact statement 

and to outline opportunity for public 

participation in that process. 

DATES: Written and electronic scoping 

comments must be received on or before 

5 p.m., local time, April 30, 2015. 

ADDRESSES: Written scoping comments 

on Amendment 8 may be sent by any of 

the following methods: 

• Email to the following address: 

comments@nefmc.org; 

• Mail to Thomas A. Nies, Executive 

Director, New England Fishery 

Management Council, 50 Water Street, 

Mill 2, Newburyport, MA 01950; or 

• Fax to (978) 465–3116. 

Requests for copies of the 

Amendment 8 scoping document and 

other information should be directed to 

Thomas A. Nies, Executive Director, 

New England Fishery Management 

Council, 50 Water Street, Mill 2, 

Newburyport, MA 01950, telephone 

(978) 465–0492. The scoping document 

is accessible electronically via the 

Internet at http://www.nefmc.org. 

FOR FURTHER INFORMATION CONTACT: 

Thomas A. Nies, Executive Director, 

New England Fishery Management 

Council, (978) 465–0492. 


rmajette on DSK2VPTVN1PROD with NOTICES