[Federal Register Volume 71, Number 154 (Thursday, August 10, 2006)]
[Notices]
[Pages 45767-45768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13040]


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DEPARTMENT OF COMMERCE

International Trade Administration Import Administration

[A-570-827]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 7, 2006, the United States Court of International 
Trade (CIT) affirmed the voluntary redetermination of the Department of 
Commerce (the Department) in the antidumping duty (AD) administrative 
review of certain cased pencils (pencils) from the People's Republic of 
China (PRC). See China First Pencil Co. Ltd., et al. v. United States 
and Sanford Corporation, et al., 427 F. Supp 2d 1236 (CIT 2006), and 
the Department's Final Results of Voluntary Redetermination Pursuant to 
Court Order: China First Pencil Co., Ltd., et al. and Shandong Rongxin 
Import & Export Co., Ltd., v. United States and Sanford Corporation, et 
al. (dated December 20, 2004). As there is now a final and conclusive 
court decision in this case, the Department is amending the final 
results of this administrative review.

EFFECTIVE DATE: August 10, 2006.

FOR FURTHER INFORMATION CONTACT: Magd Zalok or Howard Smith at (202) 
482-4162 or (202) 482-5193, respectively; AD/CVD Operations, Office 4, 
Import Administration, International Trade Administration,

[[Page 45768]]

U.S. Department of Commerce, 14\th\ Street and Constitution Avenue, NW, 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On May 21, 2004, the Department published in the Federal Register 
the final results of the 2002 antidumping duty administrative review of 
pencils from the PRC. See Certain Cased Pencils From the People's 
Republic of China; Final Results and Partial Rescission of Antidumping 
Duty Administrative Review, 69 FR 29266 (2002 Final Results of Review). 
In that review, the Department used Monthly Statistics of the Foreign 
Trade of India (MSFTI) for the period of review (POR) to value black 
and color pencil cores, material inputs used in the production of 
certain cased pencils.
    During July 2004, the respondents in the 2002 antidumping duty 
review of pencils from the PRC filed complaints with the CIT 
contesting, among other things, the surrogate value assigned to pencil 
cores in the 2002 Final Results of Review.\1\ On September 1, 2004, the 
Department filed a motion with the CIT for a voluntary remand with 
respect to the pencil core issue. On September 20, 2004, the CIT 
remanded this case to the Department to conduct further proceedings 
concerning the valuation of pencil cores. On December 20, 2004, the 
Department issued its final results of voluntary redetermination.
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    \1\ The respondents are China First Pencil Co., Ltd., Orient 
International Holding Shanghai Foreign Trade Co., Ltd., Three Star 
Stationery Industry Corp. (collectively ``CFP et al.'') and Shandong 
Rongxin Import & Export Co., Ltd. (Shandong).
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    In its redetermination, the Department concluded that it was better 
to value pencils cores using MSFTI data covering the immediately 
preceding POR (2001 MSFTI data), adjusted for inflation and valuation 
differences between black and color cores, rather than MSFTI data 
covering the instant POR. The Department reached this conclusion 
because, unlike the MSFTI data for the instant POR, the 2001 MSFTI data 
were consistent with price information obtained by the Department 
during the course of the redetermination. On March 7, 2006, the CIT 
affirmed the Department's voluntary redetermination, as well as its 
position on other issues arising from the 2002 Final Results of Review. 
See China First Pencil Co. Ltd., et al. v. United States and Sanford 
Corporation, et al., 427 F. Supp 2d 1236 (CIT 2006). Consistent with 
the decision of the United States Court of Appeals for the Federal 
Circuit (Federal Circuit) in The Timken Company v. United States and 
China National Machinery and Equipment Import and Export Corporation, 
893 F. 2d 337 (Fed. Cir. 1990) (Timken), on April 3, 2006, the 
Department published a notice announcing that the CIT's decision was 
not in harmony with the Department's determination in the 2002 
antidumping duty administrative review of pencils from the PRC. No 
party appealed the CIT's decision.

Amended Final Results of Review

    As the litigation in this case has concluded, the Department is 
amending the 2002 Final Results of Review. The dumping margins in the 
amended final results of review are as follows:

------------------------------------------------------------------------
          Exporter/Manufacturer                   Margin (percent)
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China First Pencil Company, Ltd./Three                             16.50
 Star Stationery Industry Corp...........
Orient International Holding Shanghai                               5.63
 Foreign Trade Co. Ltd...................
Shandong Rongxin Import & Export Company                            4.21
 Ltd.....................................
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The PRC-wide rate continues to be 114.90 percent.

Assessment

    Consistent with the 2002 Final Results of Review, for each of the 
above respondents we calculated exporter-specific assessment rates 
because there is no information on the record which identifies the 
importers of record. Specifically, for these respondents 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 U.S. Customs and Border 
Protection within 15 days of publication of this notice.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: August 1, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-13040 Filed 8-9-06; 8:45 am]
BILLING CODE 3510-DS-S