[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