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; 2018-2019
| Published date | 15 April 2021 |
| Citation | 86 FR 19873 |
| Record Number | 2021-07728 |
| Section | Notices |
| Court | International Trade Administration |
19873
Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Notices
1
See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
6896 (February 6, 2020) (Initiation Notice).
2
See SFTC’s Letter, ‘‘Orient International Holding
Shanghai Foreign Trade Co., Ltd.’s Withdrawal of
Request for Review: Administrative Review of the
Antidumping Duty Order on Cased Pencils from the
People’s Republic of China,’’ dated March 9, 2020.
3
Commerce determined that Wah Yuen
Stationery Co. Ltd. and Shandong Wah Yuen
Stationery Co. Ltd. are affiliated and should be
treated as a single entity in prior administrative
reviews. 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). Consistent
with prior determinations, we are continuing to
treat these companies as a single entity for purposes
of this administrative review.
4
See Memorandum, ‘‘Antidumping
Administrative Review of Certain Cased Pencils
from the People’s Republic of China; 2018–2019:
Respondent Selection,’’ dated April 24, 2020.
5
See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review: Certain Cases Pencils from
the People’s Republic of China; 2018–2019,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
6
See Wah Yuen’s Letters, ‘‘Certain Cased Pencils
from the People’s Republic of China: Comments on
CBP Entry Summary Documentation,’’ dated
October 12, 2020; and ‘‘Certain Cased Pencils from
the People’s Republic of China: Comments on CBP
Entry Summary Documentation,’’ dated February 1,
2021.
7
See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011).
8
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 4, 2013).
Legal Authority: Title 13 of the United
States Code, Section 91.
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function and
entering either the title of the collection
or the OMB Control Number 0607–0432.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2021–07706 Filed 4–14–21; 8:45 am]
BILLING CODE 3510–07–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; 2018–2019
AGENCY
: Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY
: The Department of Commerce
(Commerce) preliminarily determines
that Wah Yuen Stationery Co. Ltd. and
Shandong Wah Yuen Stationery Co. Ltd.
(collectively, Wah Yuen) had no
shipments of certain cased pencils from
the People’s Republic of China (China)
during the period of review (POR)
December 1, 2018, through November
30, 2019. Commerce also preliminarily
determines that Tianjin Tonghe
Stationery Co., Ltd. (Tianjin Tonghe)
and Ningbo Homey Union Co., Ltd.
(Ningbo Homey) are part of the China-
wide entity. Finally, we are rescinding
the review with respect to Orient
International Holding Shanghai Foreign
Trade Co., Ltd. (SFTC). We invite
interested parties to comment on these
preliminary results.
DATES
: Applicable April 15, 2021.
FOR FURTHER INFORMATION CONTACT
:
Sergio Balbontin, 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) 482–6478.
SUPPLEMENTARY INFORMATION
:
Background
Commerce published the initiation of
this administrative review on February
6, 2020.
1
The POR is December 1, 2018,
through November 30, 2019. After
publication of the Initiation Notice,
SFTC timely withdrew its request for a
review,
2
and we selected Wah Yuen
3
as
the sole mandatory respondent.
4
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.
5
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. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
on the internet at http://
enforcement.trade.gov/frn/.
Scope of the Order
The merchandise subject to the order
includes certain cased pencils from
China. 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. For a
complete description of the scope of the
order, see the Preliminary Decision
Memorandum.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce 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.’’
SFTC withdrew its request for review
within the 90-day limit. Because we
received no other requests for review of
SFTC, we are rescinding the
administrative review with respect to
SFTC.
Preliminary Determination of No
Shipments
Based on an analysis of U.S. Customs
and Border Protection (CBP)
information and information provided
by Wah Yuen, Commerce preliminarily
determines that Wah Yuen had no
shipments of subject merchandise
during the POR.
6
For additional
information regarding this
determination, see the Preliminary
Decision Memorandum. Consistent with
our practice in non-market economy
(NME) cases, we intend to complete the
review with respect to Wah Yuen and
issue appropriate instructions to CBP
based on the final results of the review.
7
China-Wide Entity
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.
8
Under this policy, the China-
wide entity will not be under review
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
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19874
Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Notices
9
See 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, 83202
(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.
10
See 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.’’).
11
See 19 CFR 351.309(c).
12
See 19 CFR 351.309(d).
13
See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
14
Id.
15
See 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), and accompanying Issues and
Decision Memorandum.
entity is not under review, and the
entity’s rate of 114.90 percent is not
subject to change.
9
Aside from Wah Yuen, which we
preliminarily find made no shipments,
and SFTC, for which the review is being
rescinded, Commerce considers all
other companies for which a review was
requested and which did not
demonstrate separate rate eligibility to
be part of the China-wide entity.
10
Accordingly, for the preliminary results,
we consider Tianjin Tonghe and Ningbo
Homey, neither of which submitted a
separate rate application, to be part of
the China-wide entity. For additional
information, see the Preliminary
Decision Memorandum.
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 on the
record to disclose.
Interested parties may submit case
briefs no later than 30 days after the
date of publication of these preliminary
results of review.
11
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.
12
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. Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.
13
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
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 the
party’s name, address, telephone
number, the number of participants, and
a list of the issues to be discussed. If a
request for a hearing is made, we intend
to hold the hearing at the date and time
to be determined.
14
Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Unless 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 Tariff Act of 1930, as
amended (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 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.
Moreover, if Commerce continues to
make a no-shipment finding for Wah
Yuen in the final results, any suspended
entries of subject merchandise
associated with Wah Yuen will also be
liquidated 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.
For the rescinded company SFTC, AD
duties shall be assessed at rates equal to
the cash deposit of estimated AD duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). Commerce intends
to issue assessment instructions to CBP
no earlier than 35 days after the date of
publication of this notice.
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)
Wah Yuen’s cash deposit rate will
continue to be its existing exporter-
specific rate;
15
(2) 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; (3) 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 (4) for all non-
Chinese 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
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
351.221(b)(4).
Dated: April 8, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Selection of Respondents
VI. Preliminary Determination of No
Shipments
VII. Discussion of the Methodology
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19875
Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Notices
VIII. Recommendation
[FR Doc. 2021–07728 Filed 4–14–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; West Coast Region
Groundfish Trawl Fishery Monitoring
and Catch Accounting Program
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on December
22, 2020 (85 FR 83517) during a 60-day
comment period. This notice allows for
an additional 30 days for public
comments.
Agency: National Oceanic &
Atmospheric Administration (NOAA),
Commerce.
Title: West Coast Region Groundfish
Trawl Fishery Monitoring and Catch
Accounting Program.
OMB Control Number: 0648–0619.
Form Number(s): None.
Type of Request: Regular submission
(extension of a current information
collection).
Number of Respondents: 153
Average Hours per Response: For 5
existing observer providers: 2 hours for
preparation and submission of the
annual observer provider permit
renewal application. For 1 new observer
provider: 10 hours for observer provider
permit application preparation and
submission. For 1 observer provider: 4
hours for a written response and
submission of an appeal if an observer
provider permit is denied. For 45 catch
monitors: 1 hour for submission of
qualifications to work as a catch
monitor. For 5 catch monitors: 4 hours
for a written response and submission of
an appeal if a catch monitor permit is
denied. For 16 vessels in the
Mothership or Catcher/Processor fleet,
30 minutes or less for satisfying
requirements for use of at-sea scales,
including daily testing reports (30
minutes), daily catch and cumulative
weight reports (10 minutes), audit trail
(1 minute), calibration log (2 minutes),
and fault log (3 minutes).
Total Annual Burden Hours: 447
hours.
Needs and Uses: As part of its fishery
management responsibilities, the
National Marine Fisheries Service
(NMFS) collects information to
determine the amount and type of catch
taken by fishing vessels. This collection
supports monitoring requirements
including scale test requirements for
first receivers in the Pacific Coast
groundfish fishery’s shorebased
individual fishery quota (IFQ) program;
and mothership and catcher/processors
in the at-sea whiting fisheries. The
collection also supports permits for
businesses that provide certified
observer and certified catch monitor
services. The respondents are
principally shorebased first receivers,
catch monitor and observer service
providers, mothership processors, and
catcher/processors, which are
companies/partnerships.
Affected Public: Business or other for-
profit organizations.
Frequency: Reporting on occasion,
daily, weekly, or annually.
Respondent’s Obligation: Mandatory.
Legal Authority: Magnuson-Stevens
Fishery Conservation and Management
Act.
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function and
entering either the title of the collection
or the OMB Control Number 0648–0619.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2021–07743 Filed 4–14–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; West Coast Region Vessel
Monitoring System Requirement in the
Pacific Coast Groundfish Fishery
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on January 11,
2021, (86 FR 1947), during a 60-day
comment period. This notice allows for
an additional 30 days for public
comments.
Agency: National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
Title: West Coast Region Vessel
Monitoring System Requirement in the
Pacific Coast Groundfish Fishery.
OMB Control Number: 0648–0573.
Form Number(s): N/A.
Type of Request: Regular submission
(revision of a current information
collection).
Number of Respondents: 1,000.
Average Hours per Response: Four
hours to install and activate a VMS unit;
one hour to maintain a VMS unit, five
minutes to complete and fax a check-in
report or to complete an exemption
report; four minutes for a declaration
report.
Total Annual Burden Hours: 2,021.
Needs and Uses: This is a request for
a revision and extension of a currently
approved information collection. The
National Marine Fisheries Service
(NMFS) implemented a Vessel
Monitoring Program in 2004, consistent
with the Magnuson-Stevens Fishery
Conservation and Management Act
(MSA) and the Pacific Coast Groundfish
Fishery Management Plan (FMP). Under
this program described at 50 CFR 660.13
and 660.14, all commercial fishing
vessels fishing in the exclusive
economic zone off the West Coast that
take and retain groundfish in federal
waters, or transit through federal waters
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