[Federal Register Volume 62, Number 87 (Tuesday, May 6, 1997)] [Notices] [Pages 24636-24637] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-11756] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-827] Certain Cased Pencils From the People's Republic of China; Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Commerce. ACTION: Notice of final results of antidumping duty administrative review. ----------------------------------------------------------------------- SUMMARY: On January 13, 1997, the Department of Commerce (the Department) published the preliminary results and partial rescission of an administrative review of the antidumping duty order on certain cased pencils (pencils) from the People's Republic of China (PRC) covering the period of December 21, 1994, through November 30, 1995 (62 FR 1734). We gave interested parties an opportunity to comment on our preliminary results. We received no comments. Therefore, the preliminary results are unaltered. The review indicates the existence of a PRC-wide dumping margin of 44.66 percent for this period. EFFECTIVE DATE: May 6, 1997. FOR FURTHER INFORMATION CONTACT: Paul Stolz or Thomas Futtner, Office of Antidumping/Countervailing Duty Enforcement, Import Administration, US Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, telephone (202) 482-4474/3814. Applicable Statute Unless otherwise indicated, all citations to the statute are references to the provisions effective January 1, 1995, the effective date of the amendments made to the Tariff Act of 1930 (the Act), by the Uruguay Round Agreements Act (URAA). In addition, unless otherwise indicated, all citations to the Departments regulations are to the current regulations, as amended by the interim regulations published in the Federal Register on May 11, 1995 (60 FR 25130). SUPPLEMENTARY INFORMATION: Scope of the Review The products covered by this review are certain cased pencils of any shape or dimension 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 this review are classified under subheading 9609.10.00 of the Harmonized Tariff Schedule of the United States (``HTSUS''). Specifically excluded from the scope of this investigation are mechanical pencils, cosmetic pencils, pens, non-case crayons (wax), pastels, charcoals, and chalks. Although the HTSUS subheading is provided for convenience and customs purposes, our written description of the scope of this review is dispositive. Background The antidumping duty order on pencils from the PRC was published on December 28, 1994 (59 FR 66909). On January 13, 1997, the Department published in the Federal Register the preliminary results of its review of this order for the period December 21, 1994 through November 30, 1995 POR. In our notice of January 13, 1997, we rescinded the review as to the several companies [[Page 24637]] which reported that they had no shipments of subject merchandise during the POR and as to China First Pencil Company, Ltd. (China First) and Guangdong Provincial Stationery & Sporting Goods Import and Export Corporation (Guangdong). With respect to China First and Guangdong, we verified that the only subject merchandise exported by these firms during the December 21, 1994 through November 30, 1995 POR was merchandise excluded from the order (i.e., manufactured by the factories upon which the zero margins in the less-than-fair-value investigation were based). See Antidumping Duty Order: Certain Cased Pencils from the People's Republic of China, 59 FR 66909, (December 28, 1994). Therefore, these final results apply only to the PRC-wide entity which includes the remaining respondents in this review which did not reply to our questionnaire and show that they were entitled to a rate separate from the PRC entity. Final Results of the Review We gave interested parties an opportunity to comment on our preliminary results. We received no comments. Therefore, the preliminary results are unaltered. Based on the rationale set forth in our preliminary determination, we have determined that a margin of 44.66 percent exists for the PRC entity for the period December 21, 1994 through November 30, 1995. (This rate applies to all exports of pencils from the PRC other than those produced and exported by China First and those produced by Shanghai Three Star Stationery Company, Ltd. (Three Star) and exported by Guangdong, and those exported by Shanghai Foreign Trade Corporation (SFTC), an exporter which was previously determined to be entitled to a separate rate, and for which the petitioner withdrew its request for this administrative review.) The weighted-average dumping margins are as follows: ------------------------------------------------------------------------ Weighted Manufacturer/ producer/ exporter average margin percentage ------------------------------------------------------------------------ PRC Rate............................................... 44.66 ------------------------------------------------------------------------ The U.S. Customs Service shall assess antidumping duties on all appropriate entries. Individual differences between United States price and normal value may vary from the percentage stated above. The Department will issue appraisement instructions concerning the respondent directly to the U.S. Customs Service. Furthermore, the following 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 these final results of administrative review, as provided for by section 751(a)(1) of the Act: (1) No cash deposit is required for entries of subject merchandise both produced by China First and exported by China First, or for subject merchandise both produced by Three Star Stationery and exported by Guangdong; (2) the cash deposit rate for merchandise exported by China First and produced by any manufacturer other than China First, merchandise exported by Guangdong and produced by any manufacturer other than Three Star, and merchandise exported by all other PRC exporters will be the PRC rate of 44.66 percent; (3) the cash deposit rate for SFTC will be 8.31 percent; and (4) for non-PRC exporters of subject merchandise from the PRC, the cash deposit rate will be the rate of its supplier, i.e., the PRC rate. These deposit requirements shall remain in effect until publication of the final results of the next administrative review. This notice serves as the final reminder to importers of their responsibility under 19 CFR 353.26 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 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 353.34(d). Timely written notification or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of the APO is a sanctionable violation. This administrative review and notice are in accordance with section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22. Dated: April 30, 1997. Robert S. LaRussa, Acting Assistant Secretary for Import Administration. [FR Doc. 97-11756 Filed 5-5-97; 8:45 am] BILLING CODE 3510-DS-P