[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31960]


[Federal Register: December 28, 1994]


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DEPARTMENT OF COMMERCE
[A-570-827]


Antidumping Duty Order: Certain Cased Pencils from the People's 
Republic of China

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

EFFECTIVE DATE: December 28, 1994.

FOR FURTHER INFORMATION CONTACT:
Kristin Heim 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-
3798 or (202) 482-5055, respectively.

Scope of Order

    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 this investigation 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, and chalks.
    Although the HTSUS subheading is provided for convenience and 
customs purposes, our written description of the scope of this 
investigation is dispositive.

Antidumping Duty Order

    In accordance with section 735(a) of the Tariff Act of 1930, as 
amended (``the Act''), on October 31, 1994, the Department of Commerce 
(``the Department'') made its final determination that certain cased 
pencils from the people's Republic of China (``PRC'') were being sold 
at less than fair value (59 FR 55625, November 8, 1994). On December 
15, 1994, the International Trade Commission notified the Department of 
its final determination, pursuant to section 735(b)(1)(A)(ii) of the 
Act, that an industry in the United States is threatened with material 
injury by reason of imports of the subject merchandise. Additionally, 
pursuant to section 735(b)(4)(B) of the Act (19 U.S.C. 1673d(b)(4)(B)), 
the ITC examined whether material injury would have been found but for 
the suspension of liquidation of the merchandise. The ITC determined 
that such was not the case.
    When the ITC finds threat of material injury, and makes a negative 
``but for'' finding, the ``Special Rule'' provision of section 
736(b)(2) of the Act applies. Therefore, all entries of certain cased 
pencils from the People's Republic of China, entered or withdrawn from 
warehouse, for consumption, made on or after the date on which the ITC 
publishes its final affirmative determination of threat of material 
injury in the Federal Register (which is currently scheduled for 
December 21, 1994), will be liable for the assessment of antidumping 
duties.
    The Department will direct the U.S. Customs Service to terminate 
the suspension of liquidation for the entries of certain cased pencils 
from the People's Republic of China, entered or withdrawn from 
warehouse, for consumption, before the date on which the ITC publishes 
its final affirmative determination of threat of material injury in the 
Federal Register (which is currently scheduled for December 21, 1994), 
and to release any bond or other security, and refund any cash deposit, 
posted to secure the payment of estimated antidumping duties with 
respect to those entries. For entries on or after that date, the U.S. 
Customs officers must require, at the same time as importers would 
normally deposit estimated duties on this merchandise, a cash deposit 
equal to the estimated weighted-average antidumping duty margins as 
noted below.
    In our final determination, we calculated zero margins for two of 
the exporters, China First and Guangdong. We stated that in accordance 
with 19 CFR section 353.21 and consistent with Jia Farn Manufacturing 
Co., Ltd. v. United States, Slip Op. 93-42 (March 26, 1993); we would 
exclude from an order imports of subject merchandise that are sold by 
either China First or Guangdong and manufactured by the producers whose 
factors formed the basis for the zero margin. At the time of our final 
determination, we were unable to reveal the names of the corresponding 
producers as their identities were business proprietary. Thus, we 
referred to the corresponding producers as Company A and Company B. 
Subsequent to our final determination, we have received authorization 
from those two exporters through their counsel that the names of the 
corresponding producers are now public. Therefore, we have identified 
these producers below. Additionally, the ``All Others'' rate applies to 
all exporters of PRC cased pencils not specifically listed below.
    The ad valorem weighted-average dumping margins are as follows:

------------------------------------------------------------------------
               Manufacturer/producer/exporter                 Percentage
------------------------------------------------------------------------
China First/China First....................................         0.00
China First/Any other manufacturer.........................        44.66
Guangdong/Three Star Stationery............................         0.00
Guangdong Any other manufacturer...........................        44.66
SFTC.......................................................         8.31
Shanghai Lansheng..........................................        17.45
All Others.................................................        44.66
------------------------------------------------------------------------

    In accordance with section 736(a)(1) of the Act (19 U.S.C. 
1673e(a)(1), the Department will direct Customs officers to assess, 
upon further advice by the Department, antidumping duties equal to the 
amount by which the foreign market value of the merchandise exceeds the 
United States price for all relevant entries of certain cased pencils 
from the PRC. Customs officers must require, at the same time as 
importers would normally deposit estimated duties on this merchandise, 
a cash deposit equal to the estimated weighted-average antidumping duty 
margins. In accordance with section 736(b)(2), these antidumping duties 
will be assessed on all unliquidated entries of certain cased pencils 
from the People's Republic of China which were entered, or withdrawn 
from warehouse, for consumption, on or after the date on which the ITC 
publishes its final affirmative determination of threat of material 
injury in the Federal Register.
    This notice constitutes the antidumping duty order with respect to 
certain cased pencils from the PRC, pursuant to section 736(a) of the 
Act. Interested parties may contact the Central Records Unit, room B-
099 of the Main Commerce Building, for copies of an updated list of 
antidumping orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 353.21.

    Dated: December 21, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-31960 Filed 12-27-94; 8:45 am]
BILLING CODE 3510-DS-M