[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]


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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 Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Commerce.

ACTION: Notice of final results of antidumping duty administrative 
review.

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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