[Federal Register Volume 59, Number 168 (Wednesday, August 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21443]
[[Page Unknown]]
[Federal Register: August 31, 1994]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-808]
Notice of Final Determination of Sales at Less Than Fair Value:
Certain Cased Pencils From Thailand
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: August 31, 1994.
FOR FURTHER INFORMATION CONTACT:
Vincent Kane, Office of Countervailing Investigations, Import
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, DC 20230; telephone (202) 482-
2815.
Final Determination
We determine that imports of certain cased pencils form Thailand
are being, or are likely to be, sold in the United States at less than
fair value, as provided in section 735 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
The sole company under investigation was Aruna Company, Ltd.
(Aruna), a company accounting for over sixty percent of imports of the
subject merchandise during the period of investigation. Aruna did not
respond to our antidumping questionnaire.
Since our June 8, 1994 preliminary determination (59 FR 30915, June
16, 1994), the following events have occurred.
On May 11, and July 1, 1994, petitioner filed a case brief in this
investigation. We received no requests for a hearing.
Scope of Investigation
The products covered by this 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 classifiable 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 antidumping questionnaire,
we are basing our 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, the Department follows a
two-tiered methodology, whereby the Department normally assigns lower
margins to those respondents who cooperated in an investigation and
margins based on more adverse assumptions for those respondents who did
not cooperate in an investigation. See, Final Determination of Sales at
Less than Fair Value: Antifriction Bearings, Other than Tapered Roller
Bearings, from the Federal Republic of Germany (54 FR 18992 at 19033,
May 3, 1989). When a company refuses to cooperate with the Department
or otherwise significantly impedes our investigation, we use as BIA the
higher of the following margins for the relevant class or kind of
merchandise: (1) The highest margin alleged in the petition; or (2) the
highest calculated rate of any respondent in the investigation.
Because Aruna failed to respond to our antidumping questionnaire,
we consider it to be an uncooperative respondent. Accordingly, we have
assigned to Aruna the highest rate alleged in the petition, which is
115.52 percent. Petitioner calculated this rate based on comparison of
the average U.S. price based on IM-146 statistics on pencil imports
from Thailand with the highest home market price quote.
Continuation of Suspension of Liquidation
We are directing the Customs Service to suspend liquidation of all
entries of the subject merchandise from Thailand that are entered, or
withdrawn from warehouse, for consumption on or after June 16, 1994,
the date of publication of our preliminary determination in the Federal
Register (59 FR 30915, June 16, 1994), as previously directed under
section 733(d)(1) of the Act. The Customs Service shall require a cash
deposit or posting of a bond equal to the estimated dumping margins, as
shown below. The suspension of liquidation will remain in effect until
further notice. The weighted-average margins are as follows:
------------------------------------------------------------------------
Margin
Manufacturer/producer/exporter percentage
------------------------------------------------------------------------
All companies............................................... 115.52
------------------------------------------------------------------------
ITC Notification
In accordance with section 735(d) of the Act, we have notified the
U.S. International Trade Commission (ITC) of our determination. Within
45 days the ITC will determine whether these imports are materially
injuring, or threaten material injury to, the U.S. industry. If the ITC
determines that material injury, or threat of material injury, does not
exist with respect to the subject merchandise, the proceeding will be
terminated and all securities posted will be refunded or canceled. If
the ITC determines that such injury or threat of injury does exist, the
Department will issue an antidumping duty order directing Customs
officials to collect antidumping duties on all imports of the subject
merchandise from Thailand entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notice to Interested Parties
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility, pursuant
to 19 CFR 353.34(d), concerning the return or destruction of
proprietary information disclosed under APO. Failure to comply is a
violation of the APO.
This determination is published pursuant to section 735(d) of the
Act (19 U.S.C. 1673d(d)) and 19 CFR 353.20(a)(4).
Dated: August 18, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-21443 Filed 8-30-94; 8:45 am]
BILLING CODE 3510-DS-M