41608 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 

5See Issues and Decision Memorandum. 

1See Antidumping Duty Order: Certain Cased 

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

66909 (December 28, 1994) (Order). 

2See Initiation of Five-Year (Sunset) Review, 81 

FR 34974 (June 1, 2016). 

3See Certain Cased Pencils from the People’s 

Republic of China: Final Results of Expedited 

Sunset Review of the Antidumping Duty Order, 81 

FR 69513 (October 6, 2016), and accompanying 

Issues and Decision Memorandum. 

4See Cased Pencils from China, Inv. No. 731– 

TA–669 (Fourth Review), 82 FR 40019 (August 23, 

2017). 

Although the HTSUS subheadings are 

provided for convenience and customs 

purposes, the written description of the 

merchandise under the Order is 

dispositive. 

Analysis of Comments Received 

A complete discussion of all issues 

raised in this sunset review, including 

the likelihood of continuation or 

recurrence of dumping in the event of 

revocation of the AD Order and the 

magnitude of the margins likely to 

prevail if the AD Order were revoked, is 

provided in the Issues and Decision 

Memorandum, which is hereby adopted 

by this notice.5 A list of topics included 

in the Issues and Decision 

Memorandum is included as an 

appendix to this notice. 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 Services System 

(ACCESS). ACCESS is available to 

registered users at http://

access.trade.gov and to all parties in the 

Central Records Unit, room B8024 of the 

main Department of Commerce 

building. In addition, a complete 

version of the Issues and Decision 

Memorandum can be accessed on the 

Internet 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. 

Final Results of Sunset Review 

Pursuant to section 751(c)(1) and 

752(c)(1) and (3) of the Act, the 

Department determines that revocation 

of the AD Order would be likely to lead 

to continuation or recurrence of 

dumping, and that the magnitude of the 

dumping margins likely to prevail 

would be weighted-average dumping 

margins up to 31.21 percent. 

Notification to Interested Parties 

This notice serves as the only 

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. 

Timely 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. 

We are issuing and publishing these 

results and notice in accordance with 

sections 751(c), 752(c), and 777(i)(1) of 

the Act and 19 CFR 351.218. 

Dated: August 28, 2017. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

performing the non-exclusive functions and 

duties of the Assistant Secretary for 

Enforcement and Compliance. 

Appendix 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. History of the Order 

V. Discussion of the Issues 

1. Likelihood of Continuation or 

Recurrence of Dumping 

2. Magnitude of the Margins Likely to 

Prevail 

VI. Final Results of Sunset Review 

VII. Recommendation 

[FR Doc. 2017–18590 Filed 8–31–17; 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: 

Continuation of Antidumping Duty 

Order 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: As a result of the 

determinations by the Department of 

Commerce (the Department) and the 

International Trade Commission (ITC) 

that revocation of the antidumping duty 

(AD) order on certain cased pencils from 

the People’s Republic of China (PRC) 

would likely lead to a continuation or 

recurrence of dumping and material 

injury to an industry in the United 

States, the Department is publishing this 

notice of continuation of the AD order. 

DATES: Applicable September 1, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Mary Kolberg, Office I, AD/CVD 

Operations, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW., Washington, DC 20230; telephone: 

(202) 482–1785. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 28, 1994, the 

Department published the AD order on 

certain cased pencils from the PRC.1 On 

June 1, 2016, the Department published 

the notice of initiation of the fourth 

sunset review of the Order, pursuant to 

section 751(c) of the Tariff Act of 1930, 

as amended (the Act).2 As a result of its 

review, the Department determined that 

revocation of the Order would likely 

lead to a continuation or recurrence of 

dumping.3 The Department, therefore, 

notified the ITC of the magnitude of the 

margins likely to prevail should the 

Order be revoked. On August 17, 2017, 

the ITC determined that revoking the 

Order on certain cased pencils from the 

PRC would be likely to lead to 

continuation or recurrence of material 

injury to an industry in the United 

States within a reasonably foreseeable 

time.4

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 

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 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41609 

1See Certain Softwood Lumber Products from 

Canada: Preliminary Affirmative Countervailing 

Duty Determination, and Alignment of Final 

Determination with Final Antidumping Duty 

Determination, 82 FR 19657 (April 28, 2017) (CVD 

Preliminary Determination) and Certain Softwood 

Lumber Products from Canada: Preliminary 

Affirmative Determination of Sales at Less Than 

Fair Value, 82 FR 29833 (June 30, 2017) (LTFV 

Preliminary Determination). 

2The Committee Overseeing Action for Lumber 

International Trade Investigations or Negotiations 

(the petitioner). 

3See CVD Preliminary Determination, 82 FR at 

19657–19658. 

4See Letters from Canfor, Resolute, Tolko, and 

West Fraser dated May 26, 2017, June 26, 2017, May 

26, 2017, and May 26, 2017, respectively. 

5Postponing the final determinations to 135 days 

after the publication of the LTFV Preliminary 

Determination would place the deadline on 

Sunday, November 12, 2017. The Department’s 

practice dictates that where a deadline falls on a 

weekend or federal holiday, the appropriate 

deadline is the next business day. See Notice of 

Clarification: Application of ‘‘Next Business Day’’ 

Rule for Administrative Determination Deadlines 

Pursuant to the Tariff Act of 1930, As Amended, 70 

FR 24533 (May 10, 2005). 

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. The 

HTSUS subheadings are provided for 

convenience and customs purposes 

only; the written description of the 

merchandise covered by the scope of the 

Order is dispositive. 

Continuation of the Order 

As a result of the determinations by 

the Department and the ITC that 

revocation of the Order would likely 

lead to continuation or recurrence of 

dumping and material injury to an 

industry in the United States, pursuant 

to section 751(d)(2) of the Act and 19 

CFR 351.218(a), the Department hereby 

orders the continuation of the Order on 

certain cased pencils from the PRC. U.S. 

Customs and Border Protection will 

continue to collect AD cash deposits at 

the rates in effect at the time of entry for 

all imports of subject merchandise. 

The effective date of the continuation 

of the Order will be the date of 

publication in the Federal Register of 

this notice of continuation. Pursuant to 

section 751(c)(2) of the Act, the 

Department intends to initiate the next 

five-year review of the Order not later 

than 30 days prior to the fifth 

anniversary of the effective date of 

continuation. 

This five-year sunset review and this 

notice are in accordance with section 

751(c) of the Act and published 

pursuant to section 777(i)(1) of the Act 

and 19 CFR 351.218(f)(4). 

Dated: August 28, 2017. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

performing the non-exclusive functions and 

duties of the Assistant Secretary for 

Enforcement and Compliance. 

[FR Doc. 2017–18588 Filed 8–31–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–122–857] 

Certain Softwood Lumber Products 

From Canada: Postponement of Final 

Determination of Less-Than-Fair-Value 

Investigation and Extension of 

Provisional Measures 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) is postponing until 

November 13, 2017, the deadline for 

issuing the final determination in the 

less-than-fair-value (LTFV) investigation 

of certain softwood lumber products 

(softwood lumber) from Canada, and is 

extending the provisional measures 

from a four-month period to a period of 

not more than six months. As the 

deadline for the final determination of 

the countervailing duty (CVD) 

investigation of softwood lumber from 

Canada is aligned with the deadline for 

the final determination of the LTFV 

investigation, the final CVD 

determination will also be issued no 

later than November 13, 2017. 

DATES: Applicable September 1, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Stephen Bailey, AD/CVD Operations, 

Office IV, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW., Washington, 

DC 20230; telephone: (202) 482–0193. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 28, 2017, and June 30, 2017, 

respectively, the Department published 

its preliminary determinations in the 

CVD and LTFV investigations of 

softwood lumber from Canada.1 In the 

CVD Preliminary Determination, at the 

request of the petitioner,2 the 

Department aligned the final deadline 

for the CVD investigation with the final 

determination of the LTFV 

investigation.3

On May 26, 2017, and June 26, 2017, 

Canfor Corporation (Canfor), Resolute 

FP Canada Inc. (Resolute), Tolko 

Marketing and Sales Ltd. and Tolko 

Industries Ltd. (Tolko), and West Fraser 

Mills Ltd., (West Fraser) (collectively, 

the Company Respondents), requested 

that the Department fully extend the 

deadline for the final LTFV 

determination, and extend the 

application of the provisional measures 

from a four-month period to a period of 

not more than six months.4

Postponement of Final LTFV 

Determination and Aligned Final CVD 

Determination 

Given the complexity of these 

investigations and the volume of 

information on the records of these 

proceedings that needs to be analyzed, 

the Department finds that postponement 

is warranted in the LTFV investigation 

and the aligned CVD investigation 

covering softwood lumber from Canada. 

Further, because of the ongoing 

discussions between the Governments 

of the United States and Canada 

focusing on a durable solution to this 

long-standing trade dispute, 

postponement of these aligned 

investigations is also warranted. This 

additional time will afford the 

Department the time to both address the 

factual and legal matters on the records 

of these proceedings, as well as 

continue discussions on this broader 

cross-border trade dispute. 

Therefore, pursuant to 735(a)(2)(A) of 

the Tariff Act of 1930, as amended, the 

Department is (1) postponing the LTFV 

final determination until no later than 

November 13, 2017, which is 135 days 

after the date of the publication of the 

LTFV Preliminary Determination, and 

(2) extending the provisional measures 

from a four-month period to a period of 

not more than six months. Further, as 

noted above, because the CVD 

investigation is aligned with the LTFV 

investigation, the Department will also 

issue its final determination in the CVD 

investigation no later than November 

13, 2017.5

This notice is issued and published 

pursuant to 19 CFR 351.210(g). 


sradovich on DSK3GMQ082PROD with NOTICES