[Federal Register Volume 71, Number 158 (Wednesday, August 16, 2006)]
[Notices]
[Pages 47169-47170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13469]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-827)


Certain Cased Pencils from the People's Republic of China: Notice 
of Partial Rescission of Antidumping Duty Administrative Review

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

EFFECTIVE DATE: August 16, 2006.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Gemal Brangman, AD/CVD 
Operations, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, D.C. 20230; telephone: (202) 482-1766 or (202) 482-3773, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 1, 2005, the Department published in the Federal 
Register a notice of ``Opportunity to Request Administrative Review'' 
of the antidumping duty order on certain cased pencils from the 
People's Republic of China (``PRC'') covering the period December 1, 
2004, through November 30, 2005. See Antidumping or Countervailing Duty 
Order, Finding, or Suspended Investigation; Opportunity to Request 
Administrative Review, 70 FR 72109 (December 1, 2005). On December 30, 
2005, the petitioners\1\ requested an administrative review of the 
antidumping duty order for Tianjin Custom Wood Processing Co., Ltd. 
(``TCW'').\2\ On January 3, 2006, Orient International Holding Shanghai 
Foreign Trade Corp. (``SFTC'') requested an administrative review of 
its sales. On February 1, 2006, the Department published a notice of 
initiation of an administrative review of the antidumping duty order on 
certain cased pencils from the PRC with respect to these companies. See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 71 FR 5241 (February 1, 2006) (``Initiation Notice'').
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    \1\ The petitioners are Sanford L.P., Musgrave Pencil Company, 
RoseMoon Inc., and General Pencil Company.
    \2\ The petitioners also requested a review for China First 
Pencil Company, Ltd., Shanghai Three Star Stationary Industry Corp, 
and its affiliates Shanghai First Writing Instrument Co., Ltd., 
Shanghai Great Wall Pencil Co., Ltd., and China First Pencil Fang 
Zheng Co.
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    On February 14, 2006, SFTC withdrew its request for review.
    In response to the Department's February 8, 2006, quantity and 
value questionnaire, TCW stated on February 22, 2006, that it had no 
exports, sales or entries of subject merchandise to the United States 
during the POR.
    On July 24, 2006, the Department placed on the record a list of 
manufacturers/exporters of the subject merchandise for which the 
Department initiated administrative reviews, and for which U.S. Customs 
and Border Protection (``CBP'') suspended liquidation of subject 
entries during the period of review. See the July 24, 2006, memorandum 
from Brian Smith to the file entitled, ``2004-2005 Administrative 
Review of Certain Cased Pencils from the People's Republic of China: 
CBP List of Exporters'' (``July 24, 2006, Memorandum'').

[[Page 47170]]

    On July 25, 2006, the Department issued a memorandum which stated 
that the CBP data examined by the Department (and referenced in the 
July 24, 2006, Memorandum) shows that TCW had no shipments of subject 
merchandise during the POR and indicated that the Department intended 
to rescind the administrative review with respect to TCW. See the July 
25, 2006, memorandum from Brian Smith to the file entitled, ``Intent to 
Rescind in Part the Antidumping Duty Administrative Review on Certain 
Cased Pencils from the People's Republic of China.'' The Department 
also provided parties in this review until August 1, 2006, to submit 
comments on the July 24, 2006, Memorandum.
    On July 31, 2006, the petitioner stated that it did not oppose the 
Department's intention of rescinding this review with respect to TCW.

Partial Rescission of Review

    Section 351.213(d)(1) of the Department's regulations stipulates 
that the Secretary will rescind an administrative review, in whole or 
in part, if a party that requested a review withdraws the request 
within 90 days of the date of publication of notice of initiation of 
the requested review, unless the Secretary decides that it is 
reasonable to extend this time limit. In this case, SFTC withdrew its 
request for review before the 90-day deadline. Because SFTC was the 
only party to request the administrative review of itself, we are 
rescinding, in part, this review of the antidumping duty order on 
certain cased pencils from the PRC with respect to SFTC.
    Section 351.213(d)(3) of the Department's regulations stipulates 
that the Secretary will rescind an administrative review, in whole or 
in part, with respect to a particular exporter or producer, if the 
Secretary concludes that, during the period covered by the review, 
there were no entries, exports, or sales of the subject merchandise. 
Therefore, we are also rescinding this review with respect to TCW 
because the Department reviewed CBP data which indicated that TCW did 
not export subject merchandise to the United States during the POR.
    This review will continue with respect to the other companies 
listed in the Initiation Notice.

Assessment

    The Department will instruct CBP to assess antidumping duties on 
all appropriate entries. Antidumping duties for the rescinded 
companies, where applicable, shall be assessed at a rate equal to the 
cash deposit of estimated antidumping duties required at the time of 
entry, or withdrawal from warehouse, for consumption, in accordance 
with 19 CFR 351.212(c)(1)(i). The Department will issue appropriate 
assessment instructions directly to CBP within 15 days of publication 
of this notice.
    This notice is published in accordance with sections 751 and 
777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 
351.213(d)(4).

    Dated: August 10, 2006.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import Administration.
[FR Doc. E6-13469 Filed 8-15-06; 8:45 am]
BILLING CODE 3510-DS-S