[Federal Register Volume 66, Number 148 (Wednesday, August 1, 2001)]
[Notices]
[Pages 39732-39733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19204]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-827]


Certain Cased Pencils From the People's Republic of China: 
Initiation of Antidumping New Shipper Review

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

ACTION: Notice of Initiation of Antidumping New Shipper Review.

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SUMMARY: The Department of Commerce (``the Department'') has received a 
request from exporter Wuxi Andi Civilization PE Gift Give Away Co., 
Ltd., and importer Safety Touch & Javithon Inc., (collectively 
``Wuxi''), to conduct a new shipper review of the antidumping duty 
order on certain cased pencils from the People's Republic of China 
(``PRC''), produced by Shanghai Anli Stationary Sporting Goods Co., 
Ltd. (``Anfong''). In accordance with 19 CFR 351.214(d) of the 
Department's regulations, we are initiating this new shipper review.

EFFECTIVE DATE: August 1, 2001.

FOR FURTHER INFORMATION CONTACT: Paul Stolz or Howard Smith, 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 or (202) 482-5193 respectively.

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (``the Act'') by 
the Uruguay Round Agreements Act. In addition, unless otherwise 
indicated, all citations to the Department's regulations are to the 
current regulations, codified at 19 CFR Part 351 (2001).

Background

    On May 31, 2001 the Department received a request, in accordance 
with section 751(a)(2)(B) of the Act and 19 CFR 351.214(c), for a new 
shipper review of the antidumping duty order on certain cased pencils.
    Pursuant to 19 CFR 351.214(b)(2)(ii) and 19 CFR 
351.214(b)(2)(iii)(A), Wuxi's May 31, 2001 request for review included 
certifications from both Wuxi and Anfong that they did not export the 
subject merchandise to the United States during the period of 
investigation (``POI'') and that neither of them is affiliated with any 
company which exported subject merchandise to the United States during 
the POI. Wuxi also provided such certification pursuant to 19 CFR 
351.214(b)(2)(i), in the event that the Department considers Wuxi to be 
the producer as well as the exporter. In addition, pursuant to 19 CFR 
351.214(b)(2)(iii)(B), Wuxi's request certified that its export 
activities are not controlled by the central government of the PRC.
    In addition, pursuant to 19 CFR 351.214(b)(2)(iv), Wuxi's request 
contained documentation establishing: the date after the POI on which 
Wuxi first shipped the subject merchandise for export to the United 
States, the volume of that and subsequent shipments, and the date of 
the first sale to an unaffiliated customer in the United States.
    It is the Department's usual practice in cases involving non-market 
economies to require that a company seeking to establish eligibility 
for an antidumping duty rate separate from the country-wide rate 
provide de jure and de facto evidence of an absence of government 
control over the company's export activities. See Certain Preserved 
Mushrooms from the People's Republic of China: Initiation of New 
Shipper Antidumping Duty Review, 65 FR 17257 (March 31, 2000). 
Accordingly, we will issue a separate rates questionnaire to the above-
named respondent. If the respondent provides sufficient evidence that 
it is not subject to either de jure or de facto government control with 
respect to its exports of certain cased pencils, this review will 
proceed. If, on the other hand, Wuxi does not meet its burden to 
demonstrate its eligibility for a separate rate, then Wuxi will be 
deemed to be affiliated with other companies that exported during the 
POI. This review will then be terminated due

[[Page 39733]]

to failure of the exporter or producer to meet the requirements of 
section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(b)(2)(iii)(B).

Initiation of Review

    The antidumping duty order on certain cased pencils from the PRC 
has a December anniversary month. See Antidumping Duty Order: Certain 
Cased Pencils From the People's Republic of China, 59 FR 66909 
(December 28, 1994). The Department received Wuxi's request for review 
on May 31, 2001. The Department's regulations provide that it will 
initiate a new shipper review in the calendar month immediately 
following the semiannual anniversary month (i.e.,  June), if the 
request for the review is made during the six-month period (i.e., 
January--June) ending with the end of the semiannual anniversary month. 
See 19 CFR 351.214(d)(1).
    In accordance with section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d), we are initiating a new shipper review of the antidumping 
duty order on certain cased pencils from the PRC. We intend to issue 
the preliminary results of this review not later than 180 days after 
the date on which the review is initiated.
    Pursuant to 19 CFR 351.214(g)(1)(i)(A) of the Department's 
regulations, the period of review (``POR'') for a new shipper review 
initiated in the month immediately following the semiannual anniversary 
month will be the six-month period immediately preceding the semiannual 
anniversary month (i.e., December-May). Therefore, the POR for this new 
shipper is:

------------------------------------------------------------------------
          Antidumping duty proceeding             Period to be reviewed
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Certain Cased Pencils from the PRC, A-570-827:           12/1/00-5/31/01
 Wuxi Andi Civilization PE Gift give Away Co.,
 Ltd...........................................
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    Concurrent with the publication of this initiation notice, and in 
accordance with 19 CFR 351.214(e), effective on the date of publication 
of this notice, we will instruct the U.S. Customs Service to suspend 
liquidation of unliquidated entries of subject merchandise from the 
above company and allow, at the option of the importer, the posting of 
a bond or security in lieu of a cash deposit for each entry of the 
merchandise exported by the company listed above, until the completion 
of the review.
    Interested parties may submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
351.306.
    This initiation and notice are in accordance with section 751(a) of 
the Act (19 U.S.C. 1675(a)) and 19 CFR 351.214.

    Dated: July 24, 2001.
Bernard T. Carreau,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 01-19204 Filed 7-31-01; 8:45 am]
BILLING CODE 3510-DS-P