[Federal Register Volume 70, Number 140 (Friday, July 22, 2005)]
[Notices]
[Pages 42301-42303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14524]
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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.
SUMMARY: On January 12, 2005, the Department of Commerce (the
Department) published in the Federal Register the preliminary results
and rescission in part of the 2002-2003 administrative review of the
antidumping duty order on certain cased pencils (pencils) from the
People's Republic of China (PRC). The period of review (POR) is
December 1, 2002, through November 30, 2003. We have now completed the
2002-2003 administrative review of the order. Based on comments
received, we have made changes in the dumping margin calculations.
Therefore, the final results differ from the preliminary results. For
details regarding these changes, see the section of this notice
entitled ``Changes Since the Preliminary Results.'' The final results
are listed below in the ``Final Results of Review'' section.
EFFECTIVE DATE: July 22, 2005.
FOR FURTHER INFORMATION CONTACT: Paul Stolz or Erin Begnal, AD/CVD
Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC, 20230; telephone: (202) 482-
4474 and (202) 482-1442, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 12, 2005, the Department published the preliminary
results of this review. See Certain Cased Pencils from the People's
Republic of China; Preliminary Results of Antidumping Duty
Administrative Review and Intent to Rescind in Part, 70 FR 2115
(Preliminary Results). The POR is December 1, 2002, through November
30, 2003. On February 11, 2005, we received case briefs from China
First Pencil Co., Ltd. (CFP)/Three Star Stationery Industry Corp.
(Three Star)(CFP/Three Star)\1\, Orient
[[Page 42302]]
International Holding Shanghai Foreign Trade Co., Ltd. (SFTC), and
Shandong Rongxin Import & Export Co. Ltd. (Rongxin), the respondents,
and Sanford LLP, Musgrave Pencil Company, Rose Moon, Inc., and General
Pencil Company, domestic interested parties. We received rebuttal
briefs from CFP/Three Star, SFTC, and Rongxin on February 24, 2005, and
from the domestic interested parties on February 25, 2005\2\. On May
19, 2005, we rejected Rongxin's rebuttal brief because it contained new
argument. Rongxin resubmitted its rebuttal brief on May 23, 2005, in
accordance with the deadline set by the Department. On May 26, 2005, we
issued a supplemental questionnaire and requested comments from CFP/
Three Star on documents we placed on the record from a prior review.
CFP/Three Star submitted its response and comments on June 7, 2005. The
domestic interested parties submitted comments on CFP/Three Star's
submission on June 15, 2005. As described in more detail below in
comment 1, on June 15, 2005, the Department placed an additional
document on the record of this segment of the proceeding and requested
that CFP/Three Star and the domestic interested parties submit comments
by June 20, 2005. CFP/Three Star and the domestic interested parties
submitted comments on this document on June 20, 2005.
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\1\ Although we initiated on CFP and Three Star separately, we
subsequently found them to be a single entity. See Memorandum to The
File: Administrative Review of the Antidumping Duty Order on Certain
Cased Pencils from the People's Republic of China - Affiliation and
Collapsing (December 30, 2004).
\2\ The Department closed its Washington, D.C. facilities prior
to 5:00 PM on February 24, 2005, due to inclement weather before the
domestic interested parties were able to file their rebuttal brief.
The domestic interested parties submitted their rebuttal brief on
February 25, 2005.
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Scope of the Order
Imports covered by this order are shipments of certain cased
pencils of any shape or dimension (except as noted below) 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 the order are classified under subheading 9609.10.00 of the
Harmonized Tariff Schedule of the United States (HTSUS). Specifically
excluded from the scope of the order are mechanical pencils, cosmetic
pencils, pens, non-cased crayons (wax), pastels, charcoals, chalks, and
pencils produced under U.S. patent number 6,217,242, from paper infused
with scents by the means covered in the above-referenced patent,
thereby having odors distinct from those that may emanate from pencils
lacking the scent infusion. Also excluded from the scope of the order
are pencils with all of the following physical characteristics: 1)
length: 13.5 or more inches; 2) sheath diameter: not less than one-and-
one quarter inches at any point (before sharpening); and 3) core
length: not more than 15 percent of the length of the pencil.
Although the HTSUS subheading is provided for convenience and
customs purposes, our written description of the scope of the order is
dispositive.
Partial Rescission
The Department is rescinding this review with respect to Tianjin
Custom Wood Processing Co., Ltd. (TCW) because TCW reported it did not
export subject merchandise to the United States during the POR. See the
Preliminary Results; see also; TCW's February 19, 2004, response to the
Department's questionnaire. TCW's claim that it did not export subject
merchandise during the POR is supported by U.S. Customs and Border
Protection (CBP) data and entry documents. Moreover, there is no
evidence on the record of this segment of the proceeding indicating
that TCW exported subject merchandise during the POR. Therefore, we are
rescinding this review with respect to TCW.
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 Barbara E. Tillman, Acting
Deputy Assistant Secretary for Import Administration, to Joseph A.
Spetrini, Acting Assistant Secretary for Import Administration, dated
July 11, 2005, 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 Records 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 Import
Administration's Web site at www.ia.ita.doc.gov.frn The paper copy and
the electronic version of the Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made
changes in the margin calculations for CFP/Three Star, SFTC and
Rongxin. The specific calculation changes made can be found in our
calculation memoranda dated July 11, 2005. These changes are listed
below.
CFP/Three Star and SFTC
We collapsed CFP with its subsidiaries Shanghai First Writing
Instrument Co., Ltd., (First), Shanghai Great Wall Pencil Co., Ltd.
(Great Wall), and China First Pencil Fang Zheng Co., Ltd. (Fang Zheng).
We converted transportation expenses from Indian rupees to U.S. dollars
in the calculation of normal value. We also corrected the calculation
of cost of manufacturing in the computer program to exclude packing. In
addition, we corrected the computer program to correctly calculate slat
consumption for ordinary size pencils.
Final Results of Review
We determine that the following weighted-average, ad valorem,
percentage margins exist for the period December 1, 2002, through
November 30, 2003:
------------------------------------------------------------------------
Exporter/Manufacturer Margin (percent)
------------------------------------------------------------------------
CFP/Three Star/First/Great Wall/Fang Zheng.......... 0.61
SFTC................................................ 13.25
Rongxin............................................. 22.63
PRC Wide-Rate....................................... 114.90
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Cash Deposit Requirements
The following cash 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 be 114.90 percent;
and 4) the cash deposit rate for non-PRC exporters will be the rate
applicable to the PRC exporter that supplied that exporter.
These deposit requirements shall remain in effect until publication
of the final results of the next administrative review.
[[Page 42303]]
Assessment
The Department will determine, and CBP will assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with these final results of review. For the companies subject to this
review, we calculated exporter-specific assessment rates because there
is no information on the record which identifies the importers of
record. Specifically, for CFP/Three Star/First/Great Wall/Fang Zheng,
SFTC and Rongxin, we calculated duty assessment rates for subject
merchandise based on the ratio of the total amount of antidumping
duties calculated for the examined sales to the total quantity of those
sales. The Department will issue appropriate assessment instructions
directly to CBP within 15 days of publication of these final results of
review.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 C.F.R. 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.
Administrative Protective Orders
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 C.F.R. 351.305. Timely
written notification of the return/destruction of APO materials 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 751(a)(1) and 771(i) of the Act.
Dated: July, 11, 2005.
Susan H. Kubach,
Acting Assistant Secretary for Import Administration.
Appendix Issues in Decision Memorandum
Comments
Comment 1: CFP and Three Star Affiliation/Collapsing
Comment 2: Surrogate Valuation of Writing Cores
Comment 3: Surrogate Financial Ratios
Comment 4: Pencil Slat Valuation
Comment 5:Clerical Errors: Inland Transportation Charges, Packing
Labor, Slat Usage Factors
Comment 6: Regression-Based Labor Rate Calculation
Comment 7: CFP's Subsidiaries
Comment 8: Surrogate Value for Kaolin Clay
[FR Doc. 05-14524 Filed 7-21-05; 8:45 am]
BILLING CODE: 3510-DS-S