[Federal Register Volume 65, Number 155 (Thursday, August 10, 2000)]
[Notices]
[Pages 48960-48961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20329]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-827]


Continuation of Antidumping Duty Order: Cased Pencils From the 
People's Republic of China

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

ACTION: Notice of Continuation of Antidumping Duty Order: Cased Pencils 
from the People's Republic of China (``PRC'').

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SUMMARY: On July 5, 2000, the Department of Commerce (``the 
Department''), pursuant to sections 751(c) and 752 of the Tariff Act of 
1930, as amended (``the Act''), determined

[[Page 48961]]

that revocation of the antidumping duty order on cased pencils from the 
PRC, is likely to lead to continuation or recurrence of dumping. See 
Certain Cased Pencils from the People's Republic of China; Final 
Results of Expedited Sunset Review of Antidumping Order, 65 FR 41431 
(July 5, 2000). On July 28, 2000, the International Trade Commission 
(``the Commission''), pursuant to section 751(c) of the Act, determined 
that revocation of the antidumping duty order on cased pencils from the 
PRC would be likely to lead to continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseeable time. See Cased Pencils from China, 65 FR 45998 (July 26, 
2000). Therefore, pursuant to 19 CFR 351.218(f)(4), the Department is 
publishing notice of the continuation of the antidumping duty order on 
cased pencils from the PRC.

EFFECTIVE DATE: August 10, 2000.

FOR FURTHER INFORMATION CONTACT: Kathryn B. McCormick or James P. 
Maeder, Office of Policy for Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW, Washington, D.C. 20230; telephone: (202) 482-
1930 or (202) 482-3330, respectively.

SUPPLEMENTARY INFORMATION:

Background:

    On December 1, 1999, the Department initiated, and the Commission 
instituted, sunset reviews (64 FR 67247 and 64 FR 67304, respectively) 
of the antidumping duty order on cased pencils from the PRC, pursuant 
to section 751(c) of the Act. As a result of its review, the Department 
found on July 5, 2000 that revocation of the antidumping duty order on 
cased pencils from the PRC would likely lead to continuation or 
recurrence of dumping and notified the Commission of the magnitude of 
the margins likely to prevail were the order revoked. See Certain Cased 
Pencils from the People's Republic of China; Final Results of Expedited 
Sunset Review of Antidumping Order, 65 FR 41431 (July 5, 2000).
    On July 5, 2000, the Commission determined, pursuant to section 
751(c) of the Act, that revocation of the antidumping duty order on 
cased pencils from the PRC would be likely to lead to continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time. See Cased Pencils from China, 65 
FR 45998 (July 26, 2000) and USITC Publication 3328 (July 2000), 
Investigation No. 731-TA-669 (Review).

Scope:

    The products covered by this order 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 order are classified under 
subheading 9609.10.00 of the Harmonized Tariff Schedules of the United 
States (``HTSUS'').
    Specifically excluded from the scope of this order are mechanical 
pencils, cosmetic pencils, pens, non-cased crayons (wax), pastels, 
charcoals, and chalks. \1\ Although the HTSUS subheadings are provided 
for convenience and customs purposes, the written description is 
dispositive.
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    \1\ See Notice of Scope Rulings, 62 FR 62288 (November 21, 1997) 
(the Department determined that a plastic, quasi-mechanical pencil 
known as the Bensia pencil is outside the scope of the order); and 
Notice of Scope Rulings, 63 FR 29700 (June 1, 1998) (Naturally 
Pretty, a young girl's 10 piece dress-up vanity set, including two 
3-inch pencils, is outside the scope of the order).
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Determination:

    As a result of the determinations by the Department and the 
Commission that revocation of the antidumping duty order would be 
likely to lead to continuation or recurrence of dumping and material 
injury to an industry in the United States, pursuant to section 
751(d)(2) of the Act, the Department hereby orders the continuation of 
the antidumping duty order on cased pencils from the PRC. The 
Department will instruct the U.S. Customs Service to continue to 
collect antidumping duty deposits at the rates in effect at the time of 
entry for all imports of subject merchandise. The effective date of 
continuation of this order will be the date of publication in the 
Federal Register of this Notice of Continuation. Pursuant to section 
751(c)(2) and 751(c)(6) of the Act, the Department intends to initiate 
the next five-year review of this order not later than July 2005.

    Dated: August 4, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-20329 Filed 8-9-00; 8:45 am]
BILLING CODE 3510-DS-P