[Federal Register Volume 59, Number 244 (Wednesday, December 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31350]


[[Page Unknown]]

[Federal Register: December 21, 1994]


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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-669 (Final)]

 

Certain Cased Pencils From The People's Republic of China

Determination

    On the basis of the record1 developed in the subject 
investigation, the Commission determines,2 pursuant to section 
735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act), that 
an industry in the United States is materially injured or threatened 
with material injury by reason of imports from the People's Republic of 
China (China) of certain cased pencils,3 provided for in 
subheading 9609.10.00 of the Harmonized Tariff Schedule of the United 
States, that have been found by the Department of Commerce to be sold 
in the United States at less than fair value (LTFV).4
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    \1\The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
    \2\Commissioner Crawford dissenting.
    \3\For purposes of its investigation, the Department of Commerce 
defined ``certain cased pencils'' as 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 the 
investigation are mechanical pencils, cosmetic pencils, pens, 
noncased crayons (wax), pastels, charcoals, or chalks.
    \4\Commissioner Rohr and Commissioner Newquist also voted in the 
affirmative with respect to critical circumstances.
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Background

    The Commission instituted this investigation effective June 16, 
1994, following a preliminary determination by the Department of 
Commerce that imports of certain cased pencils from China were being 
sold at LTFV within the meaning of section 733(b) of the Act (19 U.S.C. 
1673b(b)). Notice of the institution of the Commission's investigation 
and of a public hearing to be held in connection therewith was given by 
posting copies of the notice in the Office of the Secretary, U.S. 
International Trade Commission, Washington, DC, and by publishing the 
notice in the Federal Register of July 7, 1994 (59 FR 34865). The 
hearing was held in Washington, DC, on August 25, 1994, and all persons 
who requested the opportunity were permitted to appear in person or by 
counsel.
    The Commission transmitted its determination in this investigation 
to the Secretary of Commerce on December 15, 1994. The views of the 
Commission are contained in USITC Publication 2837 (December 1994), 
entitled ``Certain Cased Pencils from the People's Republic of China: 
Investigation No. 731-TA-669 (Final).''

    Issued: December 15, 1994.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-31350 Filed 12-20-94; 8:45 am]
BILLING CODE 7020-02-P