Enforcement and Compliance, International Trade Administration, Department of Commerce.
The Department of Commerce (Commerce) determines that Fila Dixon Stationery (Kunshan) Co., Ltd. (Kunshan Dixon) is not eligible for a separate rate and, therefore, remains part of the China-wide entity. The period of review (POR) is December 1, 2017 through November 30, 2018.
Applicable March 27, 2020.
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FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin or Brian Smith, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6478, or (202) 482-1766, respectively.
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Commerce published the Preliminary Results on October 10, 2019, and invited interested parties to comment.
Kunshan Dixon and its affiliate Beijing Fila Dixon Stationery Co., Ltd. (Beijing Dixon) (the Dixon Companies) submitted a case brief.
For the events that occurred subsequent to the Preliminary Results, see Commerce's Issues and Decision Memorandum.
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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 9609.10.00. 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 Issues and Decision Memorandum.
Analysis of Comments Received
In the Issues and Decision Memorandum, we addressed all issues raised in the Dixon Companies' Case Brief. In the Appendix to this notice, we provide a list of these issues. 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 Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly 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.
Changes From the Preliminary Results
Based on our analysis of the comments received, Commerce has not revised the Preliminary Results.
Commerce has conducted this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). In the Preliminary Results, Commerce determined that Kunshan Dixon was ineligible for a separate rate and is part of the China-wide entity, subject to the China-wide entity rate of 114.90 percent.
As we have not received any information since the issuance of the Preliminary Results that provides a basis for reconsidering this determination, we continue to find that Kunshan Dixon is ineligible for a separate rate.
As noted in the Preliminary Results, Commerce's policy regarding conditional review of the China-wide entity applies to this administrative review.
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, and we did not self-initiate a review, the entity is not under review and the entity's rate is not subject to change.
For a full description of the methodology underlying our conclusions, see Issues and Decision Memorandum.
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. We intend to issue assessment instructions to CBP 15 days after the publication date of these final results of review. We further intend to instruct CBP to apply an ad valorem assessment rate of 114.90 percent to all entries of subject merchandise during the POR which were exported by Kunshan Dixon.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon publication of these final results of this administrative review for shipments of the subject merchandise from China 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 previously investigated or reviewed Chinese and non-Chinese exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recently completed segment of this proceeding in which they were reviewed; (2) 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 equal to the weighted-average dumping margin for the China-wide entity which is 114.90 percent; and (3) for all non-Chinese exporters of subject merchandise which have not received their own separate rate, the cash deposit rate will be the rate applicable to the Chinese exporter(s) that supplied that non-Chinese exporter. These cash deposit requirements, effective upon publication of these final results, shall remain in effect until further notice.
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final 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 POR. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of double antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a 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(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written 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.
Notification to Interested Parties
We are issuing and publishing these final results of administrative review and notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: March 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Issues and Decision Memorandum
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether Kunshan Dixon is Subject to Review
Comment 2: Kunshan Dixon's Claim of No Shipments
Comment 3: Whether Commerce Abused its Discretion
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[FR Doc. 2020-06448 Filed 3-26-20; 8:45 am]
BILLING CODE 3510-DS-P