[Federal Register Volume 59, Number 129 (Thursday, July 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16473]


[[Page Unknown]]

[Federal Register: July 7, 1994]


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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 731-TA-669 and 670 (Final)]

 

Certain Cased Pencils from the People's Republic of China and 
Thailand

AGENCY: United States International Trade Commission.

ACTION: Institution and scheduling of final antidumping investigations.

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SUMMARY: The Commission hereby gives notice of the institution of final 
antidumping investigations Nos. 731-TA-669 and 670 (Final) under 
section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act) 
to determine whether an industry in the United States is materially 
injured, or is threatened with material injury, or the establishment of 
an industry in the United States is materially retarded, by reason of 
imports from the People's Republic of China (China) and Thailand of 
certain cased pencils (with leads encased in a rigid sheath), provided 
for in subheading 9609.10.00 of the Harmonized Tariff Schedule of the 
United States.1
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    \1\As defined by Commerce, the products covered by these 
investigations 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 manmade 
materials, whether or not decorated and whether or not tipped (e.g., 
with erasers, etc.) in any fashion, and either sharpened or 
unsharpened.
    Specifically excluded from the scope of these investigations are 
mechanical pencils, cosmetic pencils, pens, noncased crayons (wax), 
pastels, charcoals, or chalks.
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    For further information concerning the conduct of these 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A and C 
(19 CFR part 207).

EFFECTIVE DATE: June 16, 1994.

FOR FURTHER INFORMATION CONTACT: Woodley Timberlake (202-205-3188), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. Information can also be 
obtained by calling the Office of Investigations' remote bulletin board 
system for personal computers at 202-205-1895 (N,8,1).

SUPPLEMENTARY INFORMATION:

Background

    These investigations are being instituted as a result of 
affirmative preliminary determinations by the Department of Commerce 
that imports of certain cased pencils from China and Thailand are being 
sold in the United States at less than fair value within the meaning of 
section 733 of the Act (19 U.S.C. 1673b). The investigations were 
requested in a petition filed on November 10, 1993, by the Pencil 
Makers Association, Inc., Marlton, NJ.

Participation in the Investigations and Public Service List

    Persons wishing to participate in the investigations as parties 
must file an entry of appearance with the Secretary to the Commission, 
as provided in Sec. 201.11 of the Commission's rules, not later than 
twenty-one (21) days after publication of this notice in the Federal 
Register. The Secretary will prepare a public service list containing 
the names and addresses of all persons, or their representatives, who 
are parties to these investigations upon the expiration of the period 
for filing entries of appearance.

Limited Disclosure of Business Proprietary Information (BPI) Under 
an Administrative Protective Order (APO) and BPI Service List

    Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in these final investigations available to 
authorized applicants under the APO issued in the investigations, 
provided that the application is made not later than twenty-one (21) 
days after the publication of this notice in the Federal Register. A 
separate service list will be maintained by the Secretary for those 
parties authorized to receive BPI under the APO.

Staff Report

    The prehearing staff report in these investigations will be placed 
in the nonpublic record on August 12, 1994, and a public version will 
be issued thereafter, pursuant to Sec. 207.21 of the Commission's 
rules.

Hearing

    The Commission will hold a hearing in connection with these 
investigations beginning at 9:30 a.m. on August 25, 1994, at the U.S. 
International Trade Commission Building. Requests to appear at the 
hearing should be filed in writing with the Secretary to the Commission 
on or before August 17, 1994. A nonparty who has testimony that may aid 
the Commission's deliberations may request permission to present a 
short statement at the hearing. All parties and nonparties desiring to 
appear at the hearing and make oral presentations should attend a 
prehearing conference to be held at 9:30 a.m. on August 19, 1994, at 
the U.S. International Trade Commission Building. Oral testimony and 
written materials to be submitted at the public hearing are governed by 
sections Secs. 201.6(b)(2), 201.13(f), and 207.23(b) of the 
Commission's rules. Parties are strongly encouraged to submit as early 
in the investigations as possible any requests to present a portion of 
their hearing testimony in camera.

Written Submissions

    Each party is encouraged to submit a prehearing brief to the 
Commission. Prehearing briefs must conform with the provisions of 
section 207.22 of the Commission's rules; the deadline for filing is 
August 19, 1994. Parties may also file written testimony in connection 
with their presentation at the hearing, as provided in section 
207.23(b) of the Commission's rules, and posthearing briefs, which must 
conform with the provisions of section 207.24 of the Commission's 
rules. The deadline for filing posthearing briefs is September 2, 1994; 
witness testimony must be filed no later than three (3) days before the 
hearing. In addition, any person who has not entered an appearance as a 
party to the investigations may submit a written statement of 
information pertinent to the subject of the investigations on or before 
August 22, 1994. All written submissions must conform with the 
provisions of Sec. 201.8 of the Commission's rules; any submissions 
that contain BPI must also conform with the requirements of Sec. Sec.  
201.6, 207.3, and 207.7 of the Commission's rules.
    In accordance with Secs. 201.16(c) and 207.3 of the rules, each 
document filed by a party to the investigations must be served on all 
other parties to the investigations (as identified by either the public 
or BPI service list), and a certificate of service must be timely 
filed. The Secretary will not accept a document for filing without a 
certificate of service.

    Authority: These investigations are being conducted under 
authority of the Tariff Act of 1930, title VII. This notice is 
published pursuant to Sec. 207.20 of the Commission's rules.

    By order of the Commission.

    Issued: June 28, 1994.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-16473 Filed 7-6-94; 8:45 am]
BILLING CODE 7020-02-P