Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices 43329 

3See Letter to the Department, ‘‘Drawn Stainless 

Steel Sinks from the People’s Republic of China: 

Withdraw Request for Annual Administrative 

Review,’’ dated June 29, 2017; see also Letter to the 

Department, ‘‘Drawn Stainless Steel Sinks from the 

People’s Republic of China: Notice of Partial 

Withdrawal of Request for Administrative Review,’’ 

dated July 3, 2017. 

4As stated in Change in Practice in NME Reviews, 

the Department will no longer consider the nonmarket economy entity as an exporter conditionally 

subject to administrative reviews. 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 3, 2013). 

period April 1, 2016, through March 31, 

2017. Subsequent to the initiation of the 

administrative review, the requesting 

parties timely withdrew their review 

requests for 19 of these companies, as 

discussed below. 

Partial Rescission of Review 

Pursuant to 19 CFR 351.213(d)(1), the 

Department will rescind an 

administrative review, in whole or in 

part, if a party that requested a review 

withdraws its request within 90 days of 

the date of publication of notice of 

initiation of the requested review. All 

requesting parties withdrew their 

respective requests for an administrative 

review of the following companies 

within 90 days of the date of publication 

of the Initiation Notice: 3 Elkay (China) 

Kitchen Solutions, Co., Ltd.; Foshan 

Shunde MingHao Kitchen Utensils Co., 

Ltd.; Franke Asia Sourcing Ltd.; Grand 

Hill Work Company; Guandong 

Dongyuan Kitchenware Industrial Co., 

Ltd.; Guangdong G-Top Import & Export 

Co., Ltd.; Guandong Yingao Kitchen 

Utensils Co., Ltd.; Hangzhou Heng’s 

Industries Co., Ltd.; Hubei Foshan 

Success Imp & Exp Co. Ltd.; J&C 

Industries Enterprise Limited; Jiangmen 

Pioneer Import & Export Co., Ltd.; 

Jiangxi Zoje Kitchen & Bath Industry 

Co., Ltd.; Ningbo Oulin Kitchen Utensils 

Co., Ltd.; Primy Cooperation Limited; 

Shenzhen Kehuaxing Industrial Ltd.; 

Shunde Foodstuffs Import & Export 

Company Limited of Guangdong; 

Shunde Native Produce Import and 

Export Co., Ltd. of Guangdong; 

Zhongshan Newecan Enterprise 

Development Corporation; and 

Zhongshan Silk Imp. & Exp. Group Co., 

Ltd. of Guangdong. Accordingly, the 

Department is rescinding this review, in 

part, with respect to these companies, in 

accordance with 19 CFR 353.213(d)(1).4

The instant review will continue with 

respect to the following companies: B&R 

Industries Limited; Feidong Import and 

Export Co., Ltd.; Foshan Zhaoshun 

Trade Co., Ltd.; Guangdong New Shichu 

Import & Export Company Limited; 

Jiangmen Hongmao Trading Co., Ltd.; 

Jiangmen New Star Hi-Tech Enterprise 

Ltd.; KaiPing Dawn Plumbing Products, 

Inc.; Ningbo Afa Kitchen and Bath Co., 

Ltd.; Jiangmen Xinhe Stainless Steel 

Products Co., Ltd.; Yuyao Afa 

Kitchenware Co., Ltd.; Zhongshan 

Superte Kitchenware Co., Ltd./ 

Zhongshan Superte Kitchenware Co., 

Ltd. invoiced as Foshan Zhaoshun 

Trade Co., Ltd; and Zhuhai Kohler 

Kitchen & Bathroom Products Co., Ltd. 

Assessment 

The Department will instruct U.S. 

Customs and Border Protection (CBP) to 

assess antidumping duties on all 

appropriate entries. For the companies 

for which this review is rescinded, 

antidumping duties shall be assessed at 

rates equal to the cash deposit of 

estimated antidumping duties required 

at the time of entry, or withdrawal from 

warehouse, for consumption, in 

accordance with 19 CFR 

351.212(c)(1)(i). The Department 

intends to issue appropriate assessment 

instructions directly to CBP 15 days 

after the date of publication of this 

notice in the Federal Register. 

Notification to Importers 

This notice serves as the only 

reminder to importers whose entries 

will be liquidated as a result of this 

rescission notice, of their responsibility 

under 19 CFR 351.402(f)(2) to file a 

certificate regarding the reimbursement 

of antidumping duties and/or 

countervailing duties prior to 

liquidation of the relevant entries 

during this review period. Failure to 

comply with this requirement may 

result in the presumption that 

reimbursement of antidumping duties 

and/or countervailing duties occurred 

and the subsequent assessment of 

double antidumping duties. 

Notification Regarding Administrative 

Protective Order 

This notice serves as the only 

reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of return/ 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and the terms of an 

APO is a sanctionable violation. 

This notice is published in 

accordance with section 751 of the Act 

and 19 CFR 351.213(d)(4). 

Dated: September 12, 2017. 

James Maeder, 

Senior Director performing the duties of 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2017–19640 Filed 9–14–17; 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: 

Preliminary Results of Antidumping 

Duty Administrative Review, 

Preliminary Determination of No 

Shipments, and Rescission of Review, 

in Part; 2015–2016 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) is conducting an 

administrative review of certain cased 

pencils (pencils) from the People’s 

Republic of China (PRC) for the period 

of review (POR) December 1, 2015, 

through November 30, 2016. We 

preliminarily determine that Tianjin 

Tonghe Stationery Industrial Co. Ltd. 

(Tianjin Tonghe) and the mandatory 

respondent, Ningbo Homey Union Co., 

Ltd. (Ningbo Homey), are not eligible for 

separate rates and, therefore, remain 

part of the PRC-wide entity. We also 

preliminarily determine that the entity 

comprised of Wah Yuen Stationery Co. 

Ltd. (Wah Yuen) and Shandong Wah 

Yuen Stationery Co. Ltd. (Shandong 

Wah Yuen) (collectively, the Wah Yuen 

entity) had no shipments during the 

POR. Finally, we are rescinding the 

review with respect to Orient 

International Holding Shanghai Foreign 

Trade Co., Ltd. (Orient), and Shandong 

Rongxin Import & Export Co., Ltd. 

(Rongxin). If these preliminary results 

are adopted in the final results, the 

Department will instruct U.S. Customs 

and Border Protection (CBP) to assess 

antidumping (AD) duties on all 

appropriate entries of subject 

merchandise. Interested parties are 

invited to comment on these 

preliminary results. 

DATES: Applicable September 15, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Sergio Balbontin or Denisa Ursu, 

AD/CVD Operations, Office VIII, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW., Washington, 

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43330 Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices 

1See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 82 FR 

10457 (February 13, 2017) (Initiation Notice). 

2See Letter from Wah Yuen, ‘‘Certain Cased 

Pencils from the People’s Republic of China: Wah 

Yuen Stationery Co. Ltd.—Separate Rate 

Certification,’’ dated March 10, 2017, and Letter 

from Ningbo Homey, ‘‘Cased Pencils from the 

People’s Republic of China: Separate Rate 

Application of Ningbo Homey Union Co., Ltd.,’’ 

dated March 15, 2017. 

3See Letter from Orient, ‘‘Orient International 

Holding Shanghai Foreign Trade Co., Ltd.’s 

Withdrawal of Request for Review: Administrative 

Review of the Antidumping Order on Cased Pencils 

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

17, 2017. 

4See Memorandum from Sergio Balbontin, 

‘‘Antidumping Duty Administrative Review: 

Certain Cased Pencils from the People’s Republic of 

China, Respondent Selection’’ dated March 30, 

2017. 

5See Letter from the Department, ‘‘Request for 

Information,’’ dated April 3, 2017. 

6See Letter from the Dixon Ticonderoga 

Company (the petitioner), ‘‘Certain Cased Pencils 

from the People’s Republic of China: Partial 

Withdrawal of Request for Administrative Review,’’ 

dated April 5, 2017. 

7See Letters from Wah Yuen, ‘‘Certain Cased 

Pencils from the People’s Republic of China: Wah 

Yuen Stationery Co. Ltd.—Separate Rate 

Certification—Supplemental Response,’’ submitted 

May 22, 2017, but erroneously dated March 10, 

2017; and ‘‘Certain Cased Pencils from the People’s 

Republic of China: Wah Yuen Stationery Co. Ltd.— 

Separate Rate Certification—2nd Supplemental 

Response,’’ dated July 13, 2017 (Separate Rate 

Addendum). 

8See Memorandum from James Maeder, Senior 

Director performing the duties of the Associate 

Deputy Assistant Secretary for Antidumping and 

Countervailing Duty Operations, to 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, 

‘‘Decision Memorandum for Preliminary Results of 

Antidumping Duty Administrative Review, 

Preliminary Determination of No Shipments, and 

Partial Rescission: Certain Cased Pencils from the 

People’s Republic of China; 2014–2015,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Preliminary Decision Memorandum). 

9See Memorandum, ‘‘Release of Customs and 

Border Protection Data,’’ dated February 13, 2017, 

and No shipments inquiry for Certain Cased Pencils 

from the People’s Republic of China exported by 

Wah Yuen Stationery Co. Ltd. (A–570–827), 

Message 7195303 (July 14, 2017). 

10The Department previously determined that 

Wah Yuen and Shandong Wah Yuen are affiliated 

and should be treated as a single entity, pursuant 

to section 771(33) of the Act and 19 CFR 351.401(f). 

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 Memo at 9; 

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). In the 

absence of evidence indicating that the Department 

should reexamine its determination to collapse 

these two companies, we are continuing to treat 

Wah Yuen and Shandong Wah Yuen as a single 

entity for purposes of this administrative review. 

11See Non-Market Economy Antidumping 

Proceedings: Assessment of Antidumping Duties, 76 

FR 65694, 65694–95 (October 24, 2011) 

(Assessment Notice). 

12Although Wah Yuen reported that it is 

affiliated with Tianjin Tonghe, it also stated that it 

was not requesting a separate rate for Tianjin 

Tonghe. See Separate Rate Addendum at 10. 

13See 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, 65970 (November 4, 2013). 

DC 20230; telephone: (202) 482–6478 or 

(202) 482–2285, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department published the notice 

of initiation of this administrative 

review on February 13, 2017.1 On 

March 10, 2017, Wah Yuen submitted a 

separate rate certification and on March 

15, 2017, Ningbo Homey submitted a 

separate rate application.2 On March 17, 

2017, Orient withdrew its request for an 

administrative review.3 On March 30, 

2017, we selected Ningbo Homey as the 

mandatory respondent in this review.4

On April 3, 2017, we issued Ningbo 

Homey the AD questionnaire,5 however, 

Ningbo Homey did not respond. On 

April 5, 2017, the petitioner withdrew 

its request for an administrative review 

of Rongxin.6 On May 22, 2017, and July 

13, 2017, Wah Yuen submitted 

supplemental separate rate 

information.7

For a complete description of the 

events that followed the initiation of 

this review, see the Preliminary 

Decision Memorandum.8 A list of topics 

included in the Preliminary Decision 

Memorandum is included as an 

appendix to this notice. 

The Preliminary Decision 

Memorandum is a public document and 

is on file electronically via the 

Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS). ACCESS is available to 

registered users at http://

access.trade.gov and in the Central 

Records Unit, Room B8024 of the main 

Department of Commerce building. In 

addition, a complete version of the 

Preliminary Decision Memorandum can 

be accessed directly on the internet at 

http://enforcement.trade.gov/frn/. The 

signed Preliminary Decision 

Memorandum and the electronic 

version of the Preliminary Decision 

Memorandum are identical in content. 

Scope of the Order 

The merchandise subject to the order 

includes certain cased pencils from the 

PRC. The subject merchandise is 

currently classifiable under Harmonized 

Tariff Schedule of the United States 

(HTSUS) subheading 9609.1010. 

Although the HTSUS subheading is 

provided for convenience and customs 

purposes, the written product 

description is dispositive. A full 

description of the scope of the order is 

contained in the Preliminary Decision 

Memorandum. 

Partial Rescission of Review 

Pursuant to 19 CFR 351.213(d)(1), the 

Department will rescind an 

administrative review, ‘‘in whole or in 

part, if a party that requested a review 

withdraws the request within 90 days of 

the date of publication of notice of 

initiation of the requested review.’’ The 

requests for review of Orient and 

Rongxin were withdrawn within the 90- 

day limit. Because we received no other 

requests for review of these companies, 

we are rescinding the administrative 

review of Orient and Rongxin. 

Preliminary Determination of No 

Shipments 

Based on an analysis of CBP 

information 9 and Wah Yuen’s Separate 

Rate Addendum, the Department 

preliminarily determines that the Wah 

Yuen entity 10 had no shipments during 

the POR. For additional information 

regarding this determination, see the 

Preliminary Decision Memorandum. 

Consistent with our practice in nonmarket economy (NME) cases, we are 

not rescinding this review, in part, but 

we intend to complete the review with 

respect to the Wah Yuen entity, and 

issue appropriate instructions to CBP 

based on the final results of the 

review.11

Methodology 

The Department is conducting this 

review in accordance with sections 

751(a)(1)(B) and 751(a)(2)(A) of the 

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

Tianjin Tonghe did not submit a 

separate rate application and, therefore 

has not demonstrated its eligibility for a 

separate rate. Accordingly, we are 

preliminarily treating Tianjin Tonghe as 

part of the PRC-wide entity.12 In 

addition, because Ningbo Homey did 

not respond to our AD questionnaire, 

we preliminarily determine that Ningbo 

Homey has also not demonstrated its 

eligibility for a separate rate and we are 

therefore preliminarily treating Ningbo 

Homey as part of the PRC-wide entity. 

The Department’s policy regarding 

conditional review of the PRC-wide 

entity applies to this administrative 

review.13 Under this policy, the PRCwide entity will not be under review 

unless a party specifically requests, or 

the Department self-initiates, a review of 

the entity. Because no party requested a 

review of the PRC-wide entity in this 

mstockstill on DSK30JT082PROD with NOTICES

Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices 43331 

14See Certain Cased Pencils from the People’s 

Republic of China: Preliminary Results of 

Antidumping Duty Administrative Review and 

Partial Rescission; 2014–2015, 81 FR 83201 

(November 21, 2016), unchanged in Certain Cased 

Pencils from the People’s Republic of China: Final 

Results of Antidumping Duty Administrative 

Review 2014–2015, 82 FR 24675 (May 30, 2017), 

and accompanying Issues and Decision 

Memorandum. 

15See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

16See 19 CFR 351.212(b). 

17See Assessment Notice. 

review, the entity is not under review 

and the entity’s current rate, i.e., 114.90 

percent,14 is not subject to change. 

For a full description of the 

methodology underlying our 

conclusions, see the Preliminary 

Decision Memorandum. 

Disclosure 

Normally, the Department will 

disclose the calculations used in its 

analysis to parties in this review within 

five days of the date of publication of 

the notice of preliminary results in the 

Federal Register, in accordance with 19 

CFR 351.224(b). However, in this case, 

there are no calculations on this record 

to disclose. 

Public Comment 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Enforcement and 

Compliance no later than 30 days after 

the publication of these preliminary 

result, unless the Secretary alters the 

time limit. Rebuttal briefs, limited to 

issues raised in case briefs, may be 

submitted no later than five days after 

the deadline date for case briefs.15

Pursuant to 19 CFR 351.309(c)(2) and 

(d)(2), parties who submit case briefs 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. 

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. Requests 

should contain: (1) The party’s name, 

address, and telephone number; (2) the 

number of participants; and (3) a list of 

the issues to be discussed. If a request 

for a hearing is made, the Department 

intends to hold the hearing at the U.S. 

Department of Commerce, 1401 

Constitution Avenue NW., Washington, 

DC 20230, at a time and date to be 

determined. Parties should confirm by 

telephone the date, time, and location of 

the hearing two days before the 

scheduled date. 

The Department intends to issue the 

final results of this administrative 

review, which will include the results of 

our analysis of the issues raised in the 

case briefs, within 120 days of 

publication of these preliminary results 

in the Federal Register, pursuant to 

section 751(a)(3)(A) of the Act, unless 

the deadline is extended. 

Assessment Rates 

Upon issuance of the final results, the 

Department will determine, and CBP 

shall assess, AD duties on all 

appropriate entries covered by this 

review.16 The Department intends to 

issue assessment instructions to CBP 15 

days after the publication date of the 

final results of this review. If the 

Department continues to find Ningbo 

Homey and Tianjin Tonghe as part of 

the PRC-wide entity in the final results, 

the Department will instruct CBP to 

liquidate POR entries of subject 

merchandise from these companies at 

the PRC-wide rate of 114.90 percent. 

Moreover, if the Department continues 

to make a no-shipment finding for Wah 

Yuen in the final results, any suspended 

entries of subject merchandise from 

Wah Yuen will also be liquidated at the 

PRC-wide rate.17 Finally, with respect to 

entries from Orient and Rongxin, 

antidumping duties shall be assessed at 

rates equal to the cash deposit of 

estimated antidumping duties required 

at the time of entry, or withdrawal from 

warehouse, for consumption, in 

accordance with 19 CFR 

351.212(c)(1)(i). 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the final results of this 

administrative review for shipments of 

the subject merchandise from the PRC 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date, as provided by section 

751(a)(2)(C) of the Act: (1) For any 

companies listed above that have a 

separate rate, the cash deposit rate will 

be that established in the final results of 

review (except, if the rate is zero or de 

minimis, then zero cash deposit will be 

required); (2) for previously investigated 

or reviewed PRC and non-PRC exporters 

not listed above that received a separate 

rate in a prior segment of this 

proceeding, the cash deposit rate will 

continue to be the existing exporterspecific rate; (3) for all PRC exporters of 

subject merchandise that have not been 

found to be entitled to a separate rate, 

the cash deposit rate will be that for the 

PRC-wide entity; and (4) for all non-PRC 

exporters of subject merchandise which 

have not received their own rate, the 

cash deposit rate will be the rate 

applicable to the PRC exporter that 

supplied that non-PRC exporter. These 

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)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during this 

review period. Failure to comply with 

this requirement could result in the 

Department’s presumption that 

reimbursement of AD duties occurred 

and the subsequent assessment of 

double AD duties. 

Notification to Interested Parties 

We are issuing and publishing these 

results in accordance with sections 

751(a)(1) and 777(i)(1) of the Act and 19 

CFR 351.213. 

Dated: August 31, 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 Preliminary 

Decision Memorandum 

1. Summary 

2. Background 

3. Scope of the Order 

4. Discussion of the Methodology 

a. Partial Rescission of Review 

b. Preliminary Determination of No 

Shipments 

c. NME Country Status 

d. Separate Rates 

5. Recommendation 

[FR Doc. 2017–19049 Filed 9–14–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–057] 

Certain Tool Chests and Cabinets 

From the People’s Republic of China: 

Preliminary Affirmative Countervailing 

Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

mstockstill on DSK30JT082PROD with NOTICES