[Federal Register Volume 59, Number 115 (Thursday, June 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14625]


[[Page Unknown]]

[Federal Register: June 16, 1994]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE
[A-549-808]

 

Preliminary Determination of Sales at Less Than Fair Value: 
Certain Cased Pencils From Thailand

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: June 16, 1994.

FOR FURTHER INFORMATION CONTACT: Vincent Kane or Thomas McGinty, Office 
of Countervailing Investigations, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC, 20230; telephone (202) 482-
2815 or 482-5055.

PRELIMINARY DETERMINATION: We preliminarily determine that imports of 
certain cased pencils from Thailand are being, or are likely to be, 
sold in the United States at less than fair value, as provided in 
section 733 of the Tariff Act of 1930, as amended (the Act). The 
estimated margins are shown in the ``Suspension of Liquidation'' 
section of this notice.

Case History

    Since the initiation of this investigation on November 30, 1993, 
(58 FR 64548, December 8, 1993), the following events have occurred:
    On December 27, 1993, the U.S. International Trade Commission (ITC) 
issued an affirmative preliminary injury determination in this case 
(Investigation Nos.-731-TA-669-670 (Preliminary) (Publication 2713).
    On January 5, 1994, the Department of Commerce (the Department) 
delivered antidumping duty questionnaires to Aruna Company, Ltd. 
(Aruna) and Nan Mee Industry Co., Ltd. (Nan Mee). At the time a 
questionnaire was sent to Nan Mee, we did not know that Aruna accounted 
for over 60 percent of exports of the subject merchandise to the United 
States. On January 14, 1994, Nan Mee informed the Department that it 
had no sales for export to the United States during the period of 
investigation (POI). Based on import statistics obtained from the U.S. 
Customs Service, we determined that Aruna accounted for at least 60 
percent of exports of the subject merchandise to the United States 
during the period of investigation (POI). These statistics also 
confirmed that Nan Mee had no exports to the United States during the 
POI. On January 28, 1994, Aruna notified the Department that it would 
not participate in this investigation. No questionnaire response was 
filed by Aruna.
    On March 29, 1994, at the request of petitioner, the Department 
postponed the preliminary determination until June 8, 1994, in 
accordance with section 733 of the Act.

Scope of Investigation

    The products covered by these investigation 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 these investigations 
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-cased crayons (wax), 
pastels, charcoals, or chalks.
    Although the HTSUS subheading is provided for convenience and 
customs purposes, our written description of the scope of this 
investigation is dispositive.

Period of Investigation

    The period of investigation is June 1, 1993, through November 30, 
1993.

Best Information Available

    Because Aruna failed to respond to our questionnaire, we based our 
preliminary determination on best information available (BIA) in 
accordance with section 776(c) of the Act. Section 776(c) states that 
the Department may use BIA where a company has refused to provide 
information requested in the form required, or has otherwise 
significantly impeded the Department's investigation.
    In determining what rate to use as BIA when a party refuses to 
provide requested information, the Department follows a two-tiered 
methodology. See, Final Determination of Sales at Less than Fair Value: 
Certain Hot-Rolled Carbon Steel Flat Products, Certain Cold-Rolled 
Carbon Steel Flat Products, and Certain Cut-to-Length Carbon Steel 
Plate from Belgium, 58 FR 37083, (July 9, 1993). Under this 
methodology, the Department uses as BIA the higher of (1) the margin 
alleged in the petition; or (2) the highest calculated rate of any 
respondent in the investigation. Since there is no calculated rate in 
this investigation, we have assigned to Aruna and all other exporters 
the highest rate contained in the petition with one adjustment. 
Petitioner based the highest rate on a comparison of average U.S. 
prices from import statistics with the highest of four home market 
price quotes as the basis for foreign market value (FMV). Rather than 
use the highest home market price quote as FMV, we have used an average 
of the four home market price quotes. We have made this adjustment 
because the petitioner used an average price derived from import 
statistics as U.S. price. On this basis we have calculated a BIA rate 
of 48.3 percent.

Suspension of Liquidation

    In accordance with section 733(d)(1) of the Act, we are directing 
the U.S. Customs Service to suspend liquidation of all entries of 
certain cased pencils from Thailand that are entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. The Customs Service shall require a 
cash deposit or posting of a bond equal to the estimated preliminary 
dumping margin, as shown below. The suspension of liquidation will 
remain in effect until further notice. 

------------------------------------------------------------------------
                                                                Margin  
               Producer/Manufacturer/Exporter                 percentage
------------------------------------------------------------------------
All companies...............................................       48.3 
------------------------------------------------------------------------

ITC Notification

    In accordance with section 733(f) of the Act, we have notified the 
ITC of our determination. If our final determination is affirmative, 
the ITC will determine whether these imports are materially injuring, 
or threaten material injury to, the U.S. industry before the later of 
120 days after the date of this preliminary determination or 45 days 
after our final determination.

Public Comment

    In accordance with 19 CFR 353.38, case briefs or other written 
comments in at least ten copies must be submitted to the Assistant 
Secretary for Import Administration no later than July 1, 1994, and 
rebuttal briefs, no later than July 8, 1994. In accordance with 19 CFR 
353.38(b), we will hold a public hearing, if requested, to afford 
interested parties an opportunity to comment on arguments raised in 
case or rebuttal briefs. Tentatively, the hearing will be held on July 
12, 1994, at 10:00 a.m. at the U.S. Department of Washington, DC 20230. 
Parties should confirm by telephone the time, date, and place of the 
hearing 48 hours before the scheduled time.
    Interested parties who wish to request a hearing or to participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Import Administration, U.S. Department of Commerce, room 
B-099, within ten days of the publication of this notice. Requests 
should contain (1) the party's name, address, and telephone number; (2) 
the number of participants; and (3) a list of the issues to be 
discussed. In accordance with 19 CFR 353.38(b), oral presentations will 
be limited to issues raised in the briefs. If this investigation 
proceeds normally, we will make our final determination by August 22, 
1994.
    This determination is published pursuant to section 733(f) of the 
Act and 19 CFR 353.15(a)(4).

    Dated: June 8, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-14625 Filed 6-15-94; 8:45 am]
BILLLING CODE 3510-DS-P