[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Notices]
[Pages 27988-27990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11847]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-827]
Certain Cased Pencils From the People's Republic of China: Final
Results of the Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 13, 2011, the Department of Commerce
(``Department'') published the preliminary results of the
administrative review of the antidumping duty order on certain cased
pencils from the People's Republic of China (``PRC''), covering the
period December 1, 2008, through November 30, 2009. We gave interested
parties an opportunity to comment on the preliminary results, however
we did not receive any comments. As a result, we have not made changes
to our margin calculations for the final results of this review. The
final dumping margins for this review are listed in the ``Final Results
of the Review'' section below.
DATES: Effective Date: May 13, 2011.
FOR FURTHER INFORMATION CONTACT: Mahnaz Khan or David Layton, AD/CVD
Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
0914 or (202) 482-0371, respectively.
SUPPLEMENTARY INFORMATION:
Background
Following the preliminary results of review (See Certain Cased
Pencils From the People's Republic of China: Preliminary Results and
Partial Rescission of Antidumping Duty Administrative Review, 76 FR
2337 (January 13, 2011) (``Preliminary Results'')), the Department
issued an additional supplemental questionnaire to mandatory respondent
Shandong Rongxin Import and Export Co., Ltd. (``Rongxin'') on January
10, 2011, and received a response on January 28, 2011. The Department
also issued an
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additional supplemental questionnaire to Beijing Fila Dixon Stationery
Company Ltd. (``Beijing Dixon''), the other mandatory respondent, on
January 31, 2011. Beijing Dixon responded on February 16, 2011.
We did not receive case briefs from any party, and none of the
parties requested a hearing.
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
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.
Although the HTSUS subheading is provided for convenience and
customs purposes, the written description of the scope of the order is
dispositive.
Final Results of the Review
We determine that the following margins exist for the period
December 1, 2008, through November 30, 2009:
------------------------------------------------------------------------
Margin
Company (percent)
------------------------------------------------------------------------
Beijing Fila Dixon Stationery Company Ltd............. 0.00
Shandong Rongxin Import and Export Co., Ltd........... 0.17
------------------------------------------------------------------------
Assessment Rates
The Department has determined, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries. The Department intends to issue assessment
instructions to CBP 15 days after the date of publication of these
final results of review.
In accordance with 19 CFR 351.212(b)(1), we calculated exporter/
importer-specific (or customer-specific) assessment rates for
merchandise subject to this review. Beijing Dixon reported entered
values for its U.S. sales. Therefore, we calculated importer (or
customer) specific ad valorem rates by aggregating the dumping margins
calculated for all U.S. sales to each importer (or customer), and
dividing this amount by the entered value of the sales to each importer
(or customer). Rongxin did not report entered values for its U.S.
sales. Therefore, we calculated a per-unit assessment rate for each
importer (or customer) by dividing the total dumping margins for
reviewed sales to that party by the total sales quantity associated
with those transactions. For duty-assessment rates calculated on this
basis, we will direct CBP to assess the resulting per-unit rate against
the entered quantity of the subject merchandise.
To determine whether the duty assessment rates were de minimis, in
accordance with the requirement set forth in 19 CFR 351.106(c)(2), the
Department calculated importer-specific ad valorem ratios based on the
entered value or the estimated entered value, when entered value was
not reported. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping duties any entries for which
the assessment rate is de minimis (i.e., less than 0.50 percent).
We intend to instruct CBP to liquidate entries of subject
merchandise exported by the PRC-wide entity at the estimated
antidumping duty rate in effect at the time of entry. Because the PRC-
wide entity was not reviewed during this period of review, the PRC-wide
rate remains 114.90 percent, the rate established in the administrative
review for the most recent period.
Cash Deposit Requirements
The following cash-deposit requirements will apply to all shipments
of certain cased pencils from the PRC entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(1) of the Act: (1) Because the cash deposit rates for Rongxin
and Beijing Dixon are de minimis, i.e., the rate is less than 0.5
percent, no cash deposits will be required for Rongxin and Beijing
Dixon; (2) for any previously reviewed or investigated PRC or non-PRC
exporter, not covered in this review, with a separate rate, the cash
deposit rate will be the company-specific rate established in the most
recent segment of this proceeding; (3) for all other PRC exporters, the
cash deposit rate will be the PRC-wide rate established in the final
results of the administrative review for the most recent period, which
is 114.90 percent; and (4) the cash-deposit rate for any non-PRC
exporter of subject merchandise from the PRC will be the rate
applicable to the PRC exporter that supplied that exporter. These
deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Interested Parties
This notice 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 review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a final reminder to parties subject to
the administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305. Timely
written notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply
[[Page 27990]]
with the regulations and the terms of an APO is a sanctionable
violation.
This notice of final results is issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: May 9, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-11847 Filed 5-12-11; 8:45 am]
BILLING CODE 3510-DS-P