[Federal Register Volume 70, Number 243 (Tuesday, December 20, 2005)]
[Notices]
[Page 75450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7560]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-827


Notice of Continuation of Antidumping Duty Order on Certain Cased 
Pencils from the People's Republic of China

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

EFFECTIVE DATE: December 20, 2005.

FOR FURTHER INFORMATION CONTACT: Maureen Flannery at (202) 482-3020 or 
Paul Stolz at (202) 482-4474, AD/CVD Operations, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC, 20230.
SUMMARY: The U.S. Department of Commerce (Department), pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (the Act), has 
determined that revocation of the antidumping duty order on certain 
cased pencils (pencils) from the People's Republic of China (PRC) would 
likely lead to continuation or recurrence of dumping. On December 6, 
2005, the International Trade Commission (ITC), pursuant to section 
751(c) of the Act, determined that revocation of the antidumping duty 
order on pencils from the PRC would likely lead to continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time. Therefore, pursuant to 19 CFR 
351.218(f)(4), the Department is publishing notice of the continuation 
of the antidumping duty order on pencils from the PRC.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2005, the Department initiated, and the ITC instituted, 
a sunset review of the antidumping duty order on pencils from the PRC, 
pursuant to section 751(c) of the Act. See Initiation of Five-Year 
(Sunset) Reviews, 70 FR 38101 (July 1, 2005) and Cased Pencils from 
China, 70 FR 38192 (July 1, 2005). As a result of its review, the 
Department found that revocation of the antidumping duty order would 
likely lead to continuation or recurrence of dumping and notified the 
ITC of the magnitude of the margins likely to prevail were the order 
revoked. See Certain Cased Pencils from the People's Republic of China 
(PRC); Notice of Final Results of Expedited Sunset Review of 
Antidumping Duty Order, 70 FR 67427 (November 7, 2005). On November 15, 
2005, the ITC determined, pursuant to section 751(c) of the Act, that 
revocation of the antidumping duty order on pencils would likely lead 
to continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time. See Cased Pencils 
from China, 70 FR 72652 (December 6, 2005).

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.

Determination

    As a result of the determinations by the Department and the ITC 
that revocation of this antidumping duty order would be likely to lead 
to continuation or recurrence of dumping and material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the 
Act, the Department hereby orders the continuation of the antidumping 
duty order on pencils from the PRC. U.S. Customs and Border Protection 
will continue to collect antidumping duty deposits at the rates in 
effect at the time of entry for all imports of subject merchandise. The 
effective date of continuation of this order is the date of publication 
in the Federal Register of this Notice of Continuation. Pursuant to 
sections 751(c)(2) and 751(c)(6) of the Act, the Department intends to 
initiate the next five-year review of this order not later than 
November 2010.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c) and 777(i)(1) of the Act.

    Dated: December 13, 2005.
Stephen J. Claeys,
Acting Assistant Secretaryfor Import Administration.
[FR Doc. E5-7560 Filed 12-19-05; 8:45 am]
BILLING CODE 3510-DS-S