[Federal Register Volume 70, Number 167 (Tuesday, August 30, 2005)]
[Notices]
[Pages 51336-51337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4728]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-827)


Notice of Initiation of Antidumping Duty Changed Circumstances 
Review: Certain Cased Pencils from the People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: In accordance with section 751(b) of the Tariff Act of 1930, 
as amended (the Act), and section 351.216(b) of the Department of 
Commerce's (the Department) regulations, M.A. Notch Corporation (Notch) 
filed a request asking that the Department exclude from the antidumping 
duty (AD) order on certain cased pencils from the People's Republic of 
China (PRC) a large novelty pencil, which is described below. Domestic 
interested parties who have been active participants in recent 
administrative reviews of this order\1\ have affirmatively expressed a 
lack of interest in the continuation of the order with respect to this 
product. In response to the request, the Department is initiating a 
changed circumstances review of the AD order on certain cased pencils 
from the PRC.
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    \1\ Sanford Corporation, Musgrave Pencil Company, Rose Moon, 
Inc., and General Pencil Company (collectively, Sanford et al), 
domestic manufacturers of cased pencils, have. See, e.g., Certain 
Cased Pencils from the People's Republic of China; Final Results and 
Partial Rescission of Antidumping Duty Administrative Review, 70 FR 
42301 (July 22, 2005) and Certain Cased Pencils from the People's 
Republic of China; Final Results and Partial Rescission of 
Antidumping Duty Administrative Review, 69 FR 29266 (May 21, 2004).

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EFFECTIVE DATE: August 30, 2005.

FOR FURTHER INFORMATION CONTACT: Paul Stolz or Charles Riggle, 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) 482-0650, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 14, 2005, Notch, a U.S. importer, filed a request asking 
the Department to exclude a large novelty pencil from the AD order on 
certain cased pencils from the PRC. See Notch's letter to the 
Secretary, dated April 5, 2005 (Notch Request Letter). Specifically, 
Notch requests that the Department exclude from the AD order imports of 
certain cased pencils meeting the following description: novelty jumbo 
pencil that is octagonal in shape, approximately ten inches long, one 
inch in diameter, and three-and-one eighth inches in circumference, 
composed of turned wood encasing one-and-one half inches of sharpened 
lead on one end and a rubber eraser on the other end. See Notch Request 
Letter at 1.
    On May 6, 2005, Sanford et al submitted a letter to the Department 
stating that they `` . . . do not object to exclusion of items meeting 
the description set forth in the quoted description'' (as stated 
above).

Scope of the Order

    Imports covered by this order are shipments of certain cased 
pencils of any shape or dimension (except as described 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, the written description of the scope of the order is 
dispositive.

Prior Changed Circumstance Rulings

    The Department has published the final results of the following 
changed circumstances reviews to date:
    (1) On November 4, 2003, the Department published the final results 
of a changed circumstances review that excluded from the scope of the 
order pencils with all of the following physical characteristics: 
length: 1) 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

[[Page 51337]]

the length of the pencil. See Notice of Final Results of Antidumping 
Duty Changed Circumstances Review, and Determination to Revoke Order in 
Part: Certain Cased Pencils from the People's Republic of China, 68 FR 
62428 (November 4, 2003).
    (2) On March 27, 2003, the Department published the final results 
of a changed circumstances review that excluded from the scope of the 
order 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. See Notice of Final Results of 
Antidumping Duty Changed Circumstances Review, and Determination to 
Revoke Order in Part: Certain Cased Pencils from the People's Republic 
of China, 68 FR 14942 (March 27, 2003).

Initiation of Changed Circumstances Review:

    Pursuant to section 751(b)(1) of the Act, the Department will 
conduct a changed circumstances review upon receipt of information 
concerning, or a request from an interested party for a review of, an 
AD duty order which shows changed circumstances sufficient to warrant a 
review of the order. On April 14, 2005, Notch requested a ruling from 
the Department in accordance with 19 CFR 351.216(b) to exclude the 
novelty jumbo pencil described above from the AD order. Therefore, 
pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(b), we are 
initiating a changed circumstances administrative review. Although 
Sanford et al expressed a lack of interest in the order with respect to 
the large novelty pencil in question, they did not claim that they 
represent substantially all of the production of the domestic like 
product, nor has the Department made such a determination. Therefore, 
the Department is not at this time preliminarily revoking the AD order 
with respect to the product in question pursuant to 19 CFR 
351.222(g)(I). Interested parties are invited to comment on this 
initiation, or to demonstrate that the domestic interested parties 
account for substantially all of the production of the domestic like 
product.
    The Department will publish in the Federal Register a notice of 
preliminary results of changed circumstances antidumping duty 
administrative review in accordance with 19 CFR 351.221(b)(4) and 
351.221(c)(3)(i), which will set forth the Department's preliminary 
factual and legal conclusions. Pursuant to 19 CFR 351.221(b)(4)(ii), 
interested parties will have an opportunity to comment on the 
preliminary results. The Department will issue its final results of 
review in accordance with the time limits set forth in 19 CFR 
351.216(e).
    This notice is published in accordance with section 751(b)(1) of 
the Act.

    Dated: August 22, 2005.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-4728 Filed 8-29-05; 8:45 am]
BILLING CODE: 3510-DS-S