[Federal Register Volume 70, Number 167 (Tuesday, August 30, 2005)]
[Notices]
[Pages 51337-51338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4729]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-827)


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce published the final results and 
partial rescission of the administrative review of the antidumping duty 
order on certain cased pencils from the People's Republic of China 
covering the period of review (POR) December 1, 2002, through November 
30, 2003, on July 22, 2005. See 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) (Final 
Results). We are amending our final results to correct ministerial 
errors alleged by China First Pencil Co., Ltd./Shanghai Three Star 
Stationery Industry Corp. (CFP/Three Star) and Orient International 
Holding Shanghai Foreign Trade Co., Ltd. (SFTC) pursuant to section 
751(h) of the Tariff Act of 1930, as amended (the Act).

EFFECTIVE DATE: August 30, 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:

Scope of 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 currently classifiable 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.

Amended Final Results

    In accordance with section 751(a) the Act, on July 22, 2005, the 
Department published its final results and partial rescission of the 
administrative review of certain cased pencils from the People's 
Republic of China. See Final Results.
    On July 20, 2005, CFP/Three Star and SFTC submitted ministerial 
error allegations with respect to the final results of administrative 
review. No other interested party submitted ministerial error 
allegations. No party submitted comments on the ministerial error 
allegations submitted by CFP/Three Star and SFTC. In accordance with 
section 751(h) of the Act, we have determined that certain ministerial 
errors were made in the calculation of the final margins for CFP/Three 
Star and SFTC. See Memorandum from Charles Riggle, Program Manager, AD/
CVD Operations, Office 8, to Wendy J. Frankel, Director, AD/CVD 
Operations, Office 8: Antidumping Duty Administrative Review of Certain 
Cased Pencils from the People's Republic of China, Re: Allegation of 
Ministerial Errors (August 19, 2005). Pursuant to section 751(h) of the 
Act, we have corrected the errors and are amending the final results of 
review accordingly.

[[Page 51338]]

See Memorandum from Paul Stolz and Erin Begnal, Case Analysts through 
Charles Riggle, Program Manager, to the File, Analysis Memorandum for 
Amended Final Results for China First Pencil Co., Ltd./Shanghai Three 
Star Stationery Industry Corp. (August 19, 2005). See Memorandum from 
Paul Stolz and Erin Begnal, Case Analysts through Charles Riggle, 
Program Manager, to the File, Analysis Memorandum for Amended Final 
Results for Orient International Holding Shanghai Foreign Trade Co., 
Ltd. (August 19, 2005). The revised final weighted-average dumping 
margins are as follows:

----------------------------------------------------------------------------------------------------------------
                                                        Original weighted-average     Amended weighted-average
                Exporter/Manufacturer                       margin percentage             margin percentage
----------------------------------------------------------------------------------------------------------------
China First Pencil Co., Ltd./Shanghai Three Star                              0.61                          0.15
 Stationery Industry Corp.\1\.......................
Orient International Holding Shanghai Foreign Trade                          13.25                         12.69
 Co., Ltd...........................................
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\1\ This rate also applies to subsidiaries Shanghai First Writing Instrument Co., Ltd., Shanghai Great Wall
  Pencil Co., Ltd., and China First Pencil Fang Zheng Co., Ltd.

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries based on the amended final results. 
For details on the assessment of antidumping duties on all appropriate 
entries, see Final Results.

    Dated: August 19, 2005.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-4729 Filed 8-29-05; 8:45 am]
BILLING CODE: 3510-DS-S