[Federal Register Volume 67, Number 182 (Thursday, September 19, 2002)]
[Notices]
[Pages 59049-59050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23822]



[[Page 59049]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-827]


Notice of Amended Final Results and Partial Rescission of 
Antidumping Duty Administrative Review: Certain Cased Pencils from the 
People's Republic of China

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

ACTION: Notice of Amended Final Results and Partial Rescission of 
Antidumping Duty Administrative Review.

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EFFECTIVE DATE: September 19, 2002.

FOR FURTHER INFORMATION CONTACT: Michele Mire, Paul Stolz, or Crystal 
Crittenden at (202) 482-4711, (202) 482-4474, or (202) 482-0989, 
respectively; AD/CVD Enforcement Office IV, Group II, Import 
Administration, Room 1870, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

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, as amended (the 
Act), by the Uruguay Round Agreements Act (URAA). In addition, unless 
otherwise indicated, all citations to the Department of Commerce (the 
Department) regulations refer to the regulations codified at 19 CFR 
part 351 (April 2002).

Background

    On July 25, 2002, the Department of Commerce (the Department) 
published the final results of the administrative review of the 
antidumping duty order on pencils from the People's Republic of China 
(PRC). See Notice of Final Results and Partial Rescission of 
Antidumping Duty Administrative Review: Certain Cased Pencils from the 
People's Republic of China, 67 FR 48612 (July 25, 2002) (Final 
Results). On July 30, 2002, Kaiyuan Group Corporation (Kaiyuan) timely 
filed an allegation that the Department made three ministerial errors 
in calculating the final margin for Kaiyuan. On July 31, 2002, the 
respondents, China First Pencil Co., Ltd. (CFP), Orient International 
Holding Shanghai Foreign Trade Co., Ltd (OIHSFTC), Guangdong Stationery 
& Sporting Goods Import & Export Co., Ltd (Guangdong), and Three Star 
Stationery Industry Co., Ltd. (Three Star) timely filed an allegation 
that the Department made several ministerial errors in the final 
results. The Writing Instrument Manufacturers Association, Inc., Pencil 
Section; Sanford Corp.; Berol Corp.; General Pencil Co., Inc; J.R. Moon 
Pencil Co.; Tennessee Pencil Co.; and Musgrave Pencil Co., filed 
comments regarding the respondents' allegations of ministerial errors 
on August 5, 2002.

Scope of The Investigation

    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 order are 
classified under item number 9609.10.00 of the Harmonized Tariff 
Schedule 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.Although the 
HTSUS item number is provided for convenience and customs purposes our 
written description of the scope of the order is dispositive.

Allegation of Ministerial Errors

    In their July 30 and 31, 2002 submissions, respondents alleged that 
the Department: (1) Used an incorrect surrogate to value the wax used 
by Kaiyuan, (2) assigned Guangdong an incorrect dumping margin, (3) 
used an incorrect averaging methodology in calculating the average 
surrogate value for lacquer, paint and dipping lacquer (collectively 
lacquer), and (4) used an incorrect surrogate to value black and color 
cores.
    Section 751(h) of the Act authorizes the Department to correct 
ministerial errors. In that vein, 19 CFR 351.224(e) notes that ``the 
Secretary will analyze any comments received and, if appropriate, 
correct any significant ministerial error by amending the preliminary 
determination, or correct any ministerial error by amending the final 
determination or the final results of review (whichever is 
applicable).'' A ministerial error is defined under 19 CFR 351.224(f) 
as ``an error in addition, subtraction, or other arithmetic function, 
clerical error resulting from inaccurate copying, duplication, or the 
like, and any other similar type of unintentional error which the 
Secretary considers ministerial.''
    After reviewing respondents' allegations we have determined, in 
accordance with 19 CFR 351.224(e), that the Final Results were based on 
several ministerial errors. We agree with respondents that the 
Department used an incorrect averaging methodology in calculating the 
average surrogate value for lacquer. The Department also found that it 
used this same incorrect averaging methodology in calculating the 
average value for a number of other factors. See Memorandum from Holly 
A. Kuga to Bernard T. Carreau, regarding the ministerial error 
allegations with respect to the final results of the instant review, 
dated concurrently with this notice (Ministerial Errors Memorandum), a 
public version of which is on file in room B-099 of the main Commerce 
building.
    The alleged ministerial errors with which we do not agree concern 
the respondents' assertion that the Department assigned Guangdong an 
incorrect dumping margin and used incorrect surrogates to value the wax 
used by Kaiyuan and the black and color cores. For a detailed 
description of all these allegations and, where applicable, our 
resultant corrections, see the Ministerial Errors Memorandum. 
Therefore, in accordance with 19 CFR 351.224(e), we are amending the 
final results of the antidumping duty administrative review of certain 
cased pencils from the People's Republic of China to reflect the 
correction of the ministerial errors outlined above. The revised 
weighted-average dumping margins are in the Amended Final Results 
section, below.

Amended Final Results

    We are amending the final results of the antidumping duty 
administrative review of certain cased pencils from the People's 
Republic of China as discussed above. The revised weighted-average 
dumping margins are as follows:

------------------------------------------------------------------------
                                                             Margin
                 Manufacturer/exporter                  [chyph](percent)
------------------------------------------------------------------------
China First Pencil Co., Ltd...........................         6.32\1\
Orient International [chyph]Holding Shanghai                     12.98
 [chyph]Foreign Trade Co., Ltd........................
Kaiyuan Group Corporation.............................          114.90
Guangdong Stationery & [chyph]Sporting Goods Import &           114.90
 [chyph]Export Co., Ltd...............................
PRC-Wide Rate.........................................          114.90
------------------------------------------------------------------------
\1\ Shanghai Three Star Stationery Company Ltd. is now considered to be
  part of China First Pencil Co., Ltd.


[[Page 59050]]

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of this notice of amended 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 be 114.90 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.

Assessment

    The Department will determine, and the Customs Service will assess, 
antidumping duties on all entries of subject merchandise in accordance 
with these amended final results. For assessment purposes, we have 
calculated exporter-specific duty assessment rates for subject 
merchandise based on the ratio of the total amount of antidumping 
duties calculated for the examined sales during the period of review 
(POR) to the total quantity of sales examined during the POR. We 
calculated exporter-specific assessment rates because there was no 
information on the record which identified the importers of record. The 
Department will issue appropriate assessment instructions directly to 
the Customs Service within 15 days of publication of these final 
amended results of review.
    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i) of the Act.

    Dated: September 9, 2002.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-23822 Filed 9-18-02; 8:45 am]
BILLING CODE 3510-DS-S