[Federal Register Volume 68, Number 213 (Tuesday, November 4, 2003)]
[Notices]
[Pages 62427-62428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27689]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-827]


Certain Cased Pencils from the People's Republic of China: 
Rescission of Antidumping Duty New Shipper Review

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

ACTION: Notice of Rescission of the Antidumping Duty New Shipper Review 
of Certain Cased Pencils from the People's Republic of China.

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SUMMARY: On February 4, 2003, the Department of Commerce (the 
Department) published in the Federal Register a notice of the 
initiation of a new shipper review of the antidumping duty order on 
certain cased pencils from the People's Republic of China (PRC) 
covering the exporter/producer Beijing Dixon Ticonderoga Stationery 
Company, Ltd. (Beijing Dixon) and the period December 1, 2001, through 
November 30, 2002. See Certain Cased Pencils From the People's Republic 
of China: Initiation of Antidumping New Shipper Review, 68 FR 5619 (New 
Shipper Initiation). For the reasons discussed below, we are rescinding 
the new shipper review of Beijing Dixon.

EFFECTIVE DATE: November 4, 2003.

FOR FURTHER INFORMATION CONTACT: Magd Zalok or Howard Smith at (202) 
482 - 4162 or (202) 482 - 5193, respectively; 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.

SUPPLEMENTARY INFORMATION:

Background

    On December 30, 2002, the Department received a request for a new 
shipper review of the antidumping duty order on certain cased pencils 
from the PRC from Beijing Dixon, an exporter and producer of subject 
merchandise. Beijing Dixon's request appeared to include the relevant 
documentation and certifications required by section 351.214(b) of the 
Department's regulations. Pursuant to section 351.214(b)(2)(i) of the 
Department's regulations, Beijing Dixon certified that it did not 
export subject merchandise to the United States during the period of 
investigation (POI). Pursuant to sections 351.214(b)(2)(iii)(A) and (B) 
of the Department's regulations, Beijing Dixon also certified that it 
has never been affiliated with any producer or exporter who exported 
the subject merchandise to the United States during the POI, and that 
its export activities are not controlled by the PRC central government. 
Further, pursuant to section 351.214(b)(2)(iv) of the Department's 
regulations, Beijing Dixon provided documentation purporting to 
establish the date of its first U.S. entry of the subject merchandise, 
the volume of that and subsequent shipments, and the date of the first 
sale to an unaffiliated customer in the United States.
    On January 28, 2003, the Department initiated a new shipper review 
of Beijing Dixon covering the period December 1, 2001 through November 
30, 2002. See New Shipper Initiation. The Department issued an 
antidumping questionnaire to Beijing Dixon on

[[Page 62428]]

January 30, 2003. In addition, the Department issued supplemental 
questionnaires to Beijing Dixon on March 21, April 3, and June 24, 
2003.
    Beijing Dixon provided responses to the Department's original and 
supplemental questionnaires on February 21, March 10, March 24, April 
2, April 14, and July 15, 2003. Beijing Dixon continued to support its 
claim with respect to the date of its first U.S. entry of the subject 
merchandise. However, data placed on the record of this review 
indicated that Beijing Dixon may have had an additional entry of 
subject merchandise during the period of review (POR). See Memorandum 
from Thomas F. Futtner, Acting Director, AD/CVD Enforcement Group II, 
Office 4, to Holly A. Kuga, Acting Deputy Assistant Secretary, for 
Import Administration, entitled ``Rescission of New Shipper Review for 
Beijing Dixon Ticonderoga Stationery Company, Ltd.: Certain Cased 
Pencils from the People's Republic of China,'' dated August 13, 2003 
(Intent to Rescind Memorandum). On July 15, 2003, the Department 
extended the time limit for completion of the preliminary results of 
this antidumping duty new shipper review until no later than November 
24, 2003. See Certain Cased Pencils from the People's Republic of 
China: Extension of Time Limit for Preliminary Results of New Shipper 
Review, 68 FR 43084 (July 21, 2003). On July 17, 2003, the Department 
issued a supplemental questionnaire to Beijing Dixon to determine 
whether Beijing Dixon had any additional entries of subject merchandise 
during the POR. On July 23, 2003, in its response to the Department's 
July 17 supplemental questionnaire, Beijing Dixon acknowledged the 
existence of the unreported entry of subject merchandise.
    In a memorandum, dated August 13, 2003, we notified parties of our 
intention to rescind the new shipper review of Beijing Dixon because 
information on the record of this review demonstrates that Beijing 
Dixon did not comply with the requirements for requesting new shipper 
reviews that are set forth in section 351.214(b)(2) of the Department's 
regulations. See Intent to Rescind Memorandum. On August 25, 2003, both 
Beijing Dixon and certain petitioners in the proceeding\1\ submitted 
comments in response to the Department's Intent to Rescind Memorandum. 
In its comments, Beijing Dixon objected to the Department's intention 
to rescind the new shipper review, whereas, the petitioners, in their 
comments, supported the rescission of this review.
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    \1\ The petitioners in this proceeding are the Writing 
Instrument Manufacturers Association (formerly the Pencil Makers 
Association) and its members, including Dixon Ticonderoga Company. 
However, the interested parties participating in this review as the 
petitioners are Sanford Corporation, Musgrave Pencil Company, Moon 
Products, Inc., and General Pencil, Inc.
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Rescission of Review

    We have considered the information on the record of this review, 
including the comments of Beijing Dixon and the petitioners, and have 
reached a final determination to rescind this new shipper review 
because Beijing Dixon did not comply with the requirements for 
requesting new shipper reviews set forth in section 351.214(b)(2) of 
the Department's regulations. Specifically, Beijing Dixon did not 
provide documentation establishing the date of its first entry of 
subject merchandise during the POR, did not provide the certification 
from the producer of the pencils included in the unreported shipment 
that the producer did not export subject merchandise to the United 
States during the POI, and did not provide documentation establishing 
the date of the first sale to an unaffiliated customer in the United 
States. See sections 351.214(b)(2)(ii) and (iv) of the Department's 
regulations. Therefore, we find it appropriate to rescind the new 
shipper review of Beijing Dixon. For further details, see memorandum 
from Holly A. Kuga, Acting Deputy Assistant Secretary, for Import 
Administration, to James J. Jochum, Assistant Secretary for Import 
Administration, entitled ``Final Rescission of the New Shipper Review 
of Certain Cased Pencils from the People's Republic of China for 
Beijing Dixon Ticonderoga Stationery Company, Ltd.,'' dated 
concurrently with this notice (Final Rescission Memorandum), which 
discusses the comments received from Beijing Dixon and the petitioners.

Cash Deposit Requirements

    The Department will notify the U.S. Customs and Border Protection 
(CBP) that bonding is no longer permitted to fulfill security 
requirements for shipments of certain cased pencils from the PRC 
produced and exported by Beijing Dixon and entered, or withdrawn from 
warehouse, for consumption in the United States on or after the 
publication of this rescission notice in the Federal Register. The 
Department will further notify the CBP that a cash deposit of 114.90 
percent ad valorem should be collected for such entries.

Notification to Interested Parties

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with section 351.305 (a)(3) of the Department's 
regulations. Timely written notification of the return/destruction of 
APO material 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 sanctions.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(2)(B) and 777(i) of the Tariff Act of 
1930, as amended.

    Dated: October 27, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-27689 Filed 11-3-03; 8:45 am]
BILLING CODE 3510-DS-S