[Federal Register Volume 66, Number 139 (Thursday, July 19, 2001)]
[Notices]
[Pages 37638-37639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18119]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-827]


Certain Cased Pencils From the People's Republic of China; Final 
Results and Partial Rescission of Antidumping Duty Administrative 
Review

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

ACTION: Notice of final results and partial rescission of antidumping 
duty administrative review.

-----------------------------------------------------------------------

SUMMARY: On January 9, 2001, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review of the antidumping duty order on certain cased pencils (pencils) 
from the People's Republic of China (PRC). See Notice of Preliminary 
Results of Antidumping Duty Administrative Review: Certain Cased 
Pencils from the People's Republic of China, 66 FR 1638 (January 9, 
2001). This review covers a manufacturer/exporter of the subject 
merchandise (China First Pencil Co., Ltd.) and a manufacturer of the 
subject merchandise (Three Star Stationary Co., Ltd.). In its March 16, 
2000, response to the Department's questionnaire, Three Star stated 
that it did not export pencils to the United States during the POR. In 
addition, as described in the preliminary results, we rescinded the 
review for one respondent and did not receive questionnaire responses 
from 30 named respondents. The period of review (POR) is December 1, 
1998, through November 30, 1999.
    Based on our analysis of the comments received, our final results 
remain unchanged from the preliminary results.

EFFECTIVE DATE: July 19, 2001.

FOR FURTHER INFORMATION CONTACT: Paul Stolz, Office of AD/CVD 
Enforcement, Office 4, Group II, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-
4474.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act. In addition, unless

[[Page 37639]]

otherwise indicated, all citations to the Department's regulations are 
to 19 CFR part 351 (2000).

Background

    On January 9, 2001, the Department published in the Federal 
Register the preliminary results of the administrative review of the 
antidumping duty order on pencils from the PRC. See Notice of 
Preliminary Results and Rescission in Part of Antidumping Duty 
Administrative Review of Certain Cased Pencils from the People's 
Republic of China, 66 FR 1638 (January 9, 2001).
    China First Pencil Co., Ltd. (CFP) and Three Star Stationary Co., 
Ltd. (Three Star) (respondents), and the Pencil Section of the Writing 
Instrument Manufacturers Association, Sanford Corporation, Dixon-
Ticonderoga Corporation, Tennessee Pencil Company, Musgrave Pencil 
Company, Moon Products, Inc., General Pencil Company, and Aakron Rule, 
Inc., (petitioners) filed case briefs on March 2, 2001 and rebuttal 
briefs on March 14, and 15, 2001 respectively. Rose Art Industries, 
Inc., a U.S. importer of the subject merchandise during the POR, filed 
a case brief on March 1, 2001.
    The Department has conducted this administrative review in 
accordance with section 751 of the Act.

Scope of Review

    Imports covered by this review are shipments of 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 
Schedules 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 the order is 
dispositive.

Final Partial Rescission

    We are rescinding this review with respect to Three Star because 
the Department verified that Three Star did not export pencils to the 
United States during the POR.

Period of Review

    The POR is December 1, 1998 to November 30, 1999.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum'' (``Decision Memorandum'') from Bernard T. Carreau, Deputy 
Assistant Secretary, Important Administration, to Faryar Shirzad, 
Assistant Secretary for Import Administration, dated concurrently with 
this notice, which is hereby adopted by this notice. A list of the 
issues which parties have raised and to which we have responded, all of 
which are in the Decision Memorandum, is attached to this notice as an 
Appendix. Parties can find a complete discussion of all issues raised 
in this review and the corresponding recommendations in this public 
memorandum which is on file in the Central Record Unit, room B-099 of 
the main Department of Commerce building. In addition, a complete 
version of the Decision Memorandum can be accessed directly on the 
International Trade Administration's Web site at www.ia.ita.doc.gov. 
The paper copy and electronic version of the Decision Memorandum are 
identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made no changes 
to our preliminary results.

Final Results of Review

    We determine that the following weighted-average percentage margin 
exists for the period December 1, 1998 through November 30, 1999:

------------------------------------------------------------------------
                                                                Margin
                   Exporter/manufacturer                      (percent)
------------------------------------------------------------------------
China First Pencil Co., Ltd................................        53.65
PRC Wide-Rate..............................................        53.65
------------------------------------------------------------------------

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of pencils from the PRC entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(1) of the Act: (1) The cash deposit rates 
for the reviewed companies will be the rates shown above; (2) for 
previously reviewed or investigated companies not listed above that 
have separate rates, the cash deposit rate will continue to be the 
company-specific rate published for the most recent period; (3) the 
cash deposit rate for all other PRC exporters will continue to be 53.65 
percent; and (4) the cash-deposit rate for non-PRC exporters will be 
the rate applicable to the PRC supplier of that exporter.
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under an APO in accordance with 19 CFR 351.305 or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an APO is a violation which is 
subject to sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections section 751(a)(1) and 771(i) of the Act.

    Dated: July 9, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memorandum

Comments

    1. Whether the Department Should Continue to Base the Dumping 
Margin on Total Adverse Facts Available.
    2. Whether China First Pencil Co., Ltd. (CFP) and Three Star 
Stationery Industry Co., Ltd. (Three Star) Should be Treated as a 
Single Entity for Antidumping Purposes.
    3. Whether to Calculate a Dumping Margin for Sales to the U.S. 
Importer, Rose Art Industries, Inc. (Rose Art), regardless of 
whether adverse facts available are applied to all other sales.
    4. Whether to Use American Basswood Prices or Indonesian Slat 
Prices to Value Chinese Lindenwood.
    5. Whether to Use Sales Commissions and Bank Charges in 
Calculating a Dumping Margin.
    6. Whether to Use Indonesian Surrogate Values to Calculate the 
Dumping Margin.

[FR Doc. 01-18119 Filed 7-18-01; 8:45 am]
BILLING CODE 3510-DS-P