[Federal Register Volume 62, Number 238 (Thursday, December 11, 1997)]
[Notices]
[Page 65243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32467]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-570-827]


Notice of Court Decision: Certain Cased Pencils From the People's 
Republic of China

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

ACTION: Notice of court decision.

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SUMMARY: On November 13, 1997, the United States Court of International 
Trade (CIT) affirmed the determination made by the Department of 
Commerce (the Department) pursuant to a voluntary remand of the final 
determination of sales at less-than-fair value (LTFV) in the 
investigation of certain cased pencils from the People's Republic of 
China (PRC). Writing Instrument Manufacturers Association, Pencil 
Section, et al. v. United States, Slip Op. 97-151 (CIT November 13, 
1997) (Writing Instrument Manufacturers). In the remand determination, 
the Department selected a new source for the surrogate values of the 
logs and slats used in producing certain cased pencils and changed its 
methodology for valuing these logs and slats.

EFFECTIVE DATE: November 23, 1997.

FOR FURTHER INFORMATION CONTACT: Roy A. Malmrose, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, N.W. Washington, D.C. 
20230; telephone: (202) 482-5414.

SUPPLEMENTARY INFORMATION: In its Final Determination of Sales at Less 
Than Fair Value: Certain Cased Pencils from the People's Republic of 
China, 59 FR 55625 (November 8, 1994) (Final Determination), in order 
to value Chinese lindenwood, the Department used prices charged by U.S. 
producers of basswood, the wood most similar to the lindenwood used by 
the Chinese to produce cased pencils. In this remand determination, the 
Department used publicly-available published information reflecting 
basswood log prices from 12 U.S. mills to value the lindenwood logs 
used by two of the Chinese producers, Anhui Stationery Co. (Anhui) and 
Three Star Stationery Co. (Three Star).
    China First Pencil Co. Ltd. (China First), an exporter and producer 
of the subject merchandise, purchased slats for the production of its 
pencils. To value this input, the Department relied on the two main 
publicly-available published sources for sawn basswood prices, the 
Hardwoood Market Report and the Hardwood Weekly Review.
    For its valuation methodology for lindenwood logs, the Department 
selected the grades of basswood logs most comparable to the lindenwood 
used by the Chinese producers, including the quality and diameter of 
the logs. For basswood sawn lumber, the Department selected the lumber 
most comparable to that used to produce the Chinese slats in terms of 
grade, thickness, and wood loss.
    As a result of the remand determination, the final dumping margins 
and the PRC country-wide (``all others'') rate are as follows:

------------------------------------------------------------------------
                                                                 Margin 
                           Exporter                              percent
------------------------------------------------------------------------
China First Co. Ltd...........................................      8.60
Shanghai Lansheng Corp........................................     19.36
Shanghai Foreign Trade Corp...................................     11.15
Guangdong Stationery/Three Star Stationery....................      0.00
Guangdong Stationery/all other producers......................     53.65
PRC country-wide rate.........................................     53.65
------------------------------------------------------------------------

    On November 13, 1997, the CIT affirmed the Department's remand 
determination.
    In its decision in Timken Co. v. United States, 893 F.2d 337 (Fed. 
Cir. 1990) (Timken), the United States Court of Appeals for the Federal 
Circuit held that, pursuant to 19 U.S.C. section 1516a(e), the 
Department must publish a notice of a court decision which is not ``in 
harmony'' with a Department determination, and must suspend liquidation 
of entries pending a ``conclusive'' court decision. The CIT's decision 
in Writing Instrument Manufacturers on November 13, 1997, constitutes a 
decision not in harmony with the Department's final affirmative 
determination. Publication of this notice fulfills the Timken 
requirement.
    Accordingly, the Department will continue to suspend liquidation 
pending the expiration of the period of appeal, or, if appealed, until 
a ``conclusive'' court decision. In addition, pursuant to the affirmed 
remand results, China First is no longer excluded from the antidumping 
duty order issued in this case (Antidumping Duty Order: Certain Cased 
Pencils from the People's Republic of China, 59 FR 66909 (December 28, 
1994)). Therefore, liquidation shall be suspended on entries, or 
withdrawals from warehouse, for consumption of the subject merchandise 
from China First effective ten days from the date of the decision in 
Writing Instrument Manufacturers. Absent an appeal, or, if appealed, 
upon a ``conclusive'' court decision affirming the CIT's opinion, the 
Department will amend the final LTFV determination and the antidumping 
duty order on certain cased pencils from the PRC to reflect the 
Department's remand results.

    Dated: December 4, 1997.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 97-32467 Filed 12-10-97; 8:45 am]
BILLING CODE 3510-DS-M