[Federal Register Volume 64, Number 90 (Tuesday, May 11, 1999)]
[Notices]
[Pages 25275-25276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11889]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-827]
Certain Cased Pencils From the People's Republic of China; Notice
of Amended Final Determination of Sales at Less Than Fair Value and
Amended Antidumping Duty Order in Accordance With Final Court Decision
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
ACTION: Notice of Amended Final Determination of Sales at Less Than
Fair Value and Amended Antidumping Duty Order in Accordance With Final
Court Decision on Certain Cased Pencils from the People's Republic of
China.
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SUMMARY: On February 2, 1999, the US Court of Appeals for the Federal
Circuit issued a mandate affirming the US Court of International
Trade's affirmation of the Department of Commerce's voluntary remand
results of the final determination of sales at less than fair value in
the antidumping duty investigation of certain cased pencils from the
People's Republic of China. As there is now a final and conclusive
court decision in this action, we are amending our final determination
and our antidumping duty order.
EFFECTIVE DATE: May 11, 1999.
FOR FURTHER INFORMATION CONTACT: Roy Malmrose or Melani Miller, Import
Administration, International Trade Administration, US Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington DC
20230; telephone: (202) 482-5414 and (202) 482-0116, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 8, 1994, the Department of Commerce (``the
Department'') published in the Federal Register its final determination
of sales at less than fair value (``LTFV'') on certain cased pencils
from the People's Republic of China (``PRC'') (59 FR 55625). Subsequent
to the publication of the Department's final determination, the
petitioners and the respondents challenged this determination before
the US Court of International Trade (``CIT''). The Department requested
a voluntary remand after concluding that it was appropriate to re-open
the administrative record for both factual information and argument to
allow parties an opportunity to address the issues of the appropriate
prices for US basswood and the appropriate methodology for valuing
slats and logs. On March 22, 1996, the Department filed its remand
determination with the CIT.
Following the filing of the Department's remand determination, the
CIT, on November 13, 1997, affirmed the Department's remand results in
Writing Instrument Manufacturers Association, Pencil Section, et. al.
v. United States, 984 F.Supp. 629 (CIT 1997), and upheld the Department
on all other challenged aspects of the final determination. Consistent
with the US Court of Appeals for the Federal Circuit's (``Federal
Circuit'') decision in Timken Co. v. United States, 893 F.2d 337 (Fed.
Cir. 1990), the Department published a ``Notice of Court Decision'' in
the Federal Register on December 11, 1997 (62 FR 65243). Pursuant to
section 516A(e) of the Tariff Act of 1930, as amended (``the Act''),
this notice ordered the continued suspension of liquidation of any
subject merchandise entered, or withdrawn from warehouse, for
consumption until a final and conclusive decision in the case was
reached.
In its Notice of Court Decision, the Department also announced that
it would instruct the Customs Service to begin suspension of
liquidation, effective November 23, 1997, with respect to subject
merchandise produced and exported by China First Co. Ltd. (``China
First'') pending a final and conclusive court decision in this action.
While exports of merchandise produced by China First were originally
excluded from the antidumping order, the Department's remand
determination found that merchandise exported and produced by China
First was, in fact, sold at LTFV.
On February 2, 1999, the Federal Circuit issued its mandate
affirming its December 11, 1998, judgement in Writing Instrument
Manufacturers Association, Pencil Section, et. al. v. United States,
Appeal Nos. 98-1178 and 98-1202 (Fed. Cir., December 11, 1998). This
December 11 judgement affirmed the CIT's November 13, 1997, decision
which upheld the Department's final and remand determinations in all
aspects.
As there is now a final and conclusive court decision with respect
to this proceeding, we are amending our final results of review and
antidumping order accordingly.
Inclusion in the Application of the Antidumping Duty Order
As discussed above and pursuant to the affirmed remand
determination, China First is no longer excluded from the antidumping
duty order issued in
[[Page 25276]]
this case (see Antidumping Duty Order: Certain Cased Pencils from the
PRC, 59 FR 66909 (December 28, 1994)) (``Antidumping Duty Order'').
Therefore, as noted above, subject merchandise exported by China First,
irrespective of the identity of the producer, will be subject to a rate
of 8.60 percent.
Amendment to Final Determination and Antidumping Order
Because there is now a final and conclusive decision in this court
proceeding, effective as of the publication date of this notice, the
final dumping margins and the PRC country-wide (``all others'') rate
are as follows:
------------------------------------------------------------------------
Margin
Manufacturer/producer/exporter percentage
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China First................................................ 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
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The above-listed rate for Shanghai Lansheng Corp. (``Shanghai
Lansheng'') will not affect that company's deposit or assessment rates
for any segment of this proceeding. Since publication of the LTFV final
determination and order, the Department has completed, pursuant to
section 751(a) of the Act, an administrative review covering Shanghai
Lansheng's entries for the period December 21, 1994, through November
30, 1995. (See Certain Cased Pencils from the People's Republic of
China; Final Results of Antidumping Duty Administrative Review, 62 FR
24636 (May 6, 1997) and Preliminary Results and Partial Rescission of
Antidumping Duty Administrative Review, 62 FR 1734 (January 13, 1997)
(``1994-1995 Review''). In that review, the Department determined that
Shanghai Lansheng was no longer entitled to a separate rate, and its
entries for that period will be assessed at the PRC country-wide rate,
which is also its cash deposit rate. Therefore, pursuant to our
determination in the 1994-1995 Review, we will continue to instruct the
Customs Service to collect a cash deposit rate of 53.65 for Shanghai
Lansheng.
Also, as was noted above, China First is no longer excluded from
the antidumping duty order issued in this case. Therefore, the
Department will instruct the Customs Service to collect a cash deposit
rate of 8.60 percent for China First. Guangdong Stationery/Three Star
Stationery continues to be excluded from the antidumping order (see
Antidumping Duty Order).
In all other cases, the Department will instruct the Customs
Service to change the cash deposit requirements in accordance with the
above rates.
Dated: May 5, 1999.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 99-11889 Filed 5-10-99; 8:45 am]
BILLING CODE 3510-DS-P