[Federal Register Volume 74, Number 168 (Tuesday, September 1, 2009)]
[Notices]
[Pages 45177-45178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21005]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-827)


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 13, 2009, the Department of Commerce (``the 
Department'') published the final results of the administrative review 
of the antidumping duty order on certain cased pencils from the 
People's Republic of China (``PRC''), covering the period December 1, 
2006, through November 30, 2007. See Certain Cased Pencils from the 
People's Republic of China: Final Results and Partial Rescission of 
Antidumping Duty Administrative Review, 74 FR 33406 (July 13, 2009) 
(``Final Results''). We are amending the Final Results to correct 
ministerial errors in the calculation of the weighted-average margin 
and the assessment rate applicable to entries by certain respondents to 
this proceeding, China First Pencil Co., Ltd. (``China First''), 
Shanghai Three Star Stationery Industry Co., Ltd. (``Three Star''), and 
Orient International Holding Shanghai Foreign Trade Corporation 
(``SFTC'') (collectively, ``Respondents''), pursuant to section 751(h) 
of the Tariff Act of 1930, as amended (``the Act''), and 19 CFR 
351.224(e). We released the final amended results to the parties on 
Wednesday, August 19, 2009. However, that version inadvertently 
included an incorrect weighted average margin for SFTC, so this amended 
final results correct that error. The error was discovered prior to 
publication in the Federal Register; consequently, this amended notice 
is being published in its place.

EFFECTIVE DATE: September 1, 2009.

FOR FURTHER INFORMATION CONTACT: David Layton or Alexander Montoro, at 
(202) 482-0371 or (202) 482-0238, respectively; AD/CD Operations, 
Office 1, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14\th\ Street and Constitution Avenue, NW, 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On July 20, 2009, China First, Three Star and SFTC submitted timely 
allegations of ministerial errors pursuant to 19 CFR 351.224(c)(1). 
First, Respondents alleged that the Department did not use the correct 
conversion percentage for slats. Second, Respondents alleged that the 
Department did not calculate the surrogate value for slats correctly. 
Third, Respondents alleged that the Department valued both lacquer and 
the inputs to make lacquer. Fourth, Respondents alleged that the 
Department should not have inflated the surrogate value for plastic 
toppers. Finally, Respondents alleged that the Department should adjust 
the separate rate assigned to SFTC after correcting for the above-
described allegations of ministerial errors. See Memorandum from David 
Layton, Alexander Montoro, and Joseph Shuler, International Trade 
Compliance Analysts, to Susan Kuhbach, Director of AD/CD Operations, 
Office 1, ``Ministerial Error Allegations'' (August 18, 2009) 
(``Ministerial Error Allegations Memo'').
    On July 28, 2009, the petitioners to this proceeding, Sanford L.P., 
Musgrave Pencil Company, RoseMoon Inc., and General Pencil Company 
(collectively, ``Petitioners''), submitted a reply to China First's, 
Three Star's and SFTC's ministerial error allegations. Petitioners 
argued that the Department must take into account China First's full 
lumber-to-slat yield loss ratio when calculating China First's slat 
surrogate value. In

[[Page 45178]]

addition, Petitioners argued that the Department should use an average 
of yield loss ratios reported by China First and another respondent, 
Shandong Rongxin Import & Export Co., Ltd (``Rongxin''), to calculate 
Three Star's yield loss ratio for slats. Moreover, Petitioners asserted 
that the Department properly calculated the surrogate value for slats, 
lacquer and plastic toppers.

Amended Final Results of Review

    A ministerial error, as defined in section 751(h) of the Act, 
includes ``errors in addition, subtraction, or other arithmetic 
function, clerical error resulting from inaccurate copying, 
duplication, or the like, and any other type of unintentional error 
which the {Secretary{time}  considers ministerial.'' See also 19 CFR 
351.224(f). After analyzing Respondents' allegations, we have 
determined, in accordance with section 751(h) of the Act and 19 CFR 
351.224(e), that the Department made ministerial errors in the Final 
Results by not using the correct yield loss conversion percentage to 
calculate China First's and Three Star's surrogate value for slats; and 
by using a surrogate dollar value not based on kilograms in its slat 
surrogate value calculation for China First, Three Star, and Rongxin. 
In addition, the Department made a ministerial error by valuing both 
lacquer and the inputs to make lacquer, resulting in double-counting. 
The Department also made a ministerial error by using an incorrect 
surrogate value for plastic toppers. Correcting for those ministerial 
errors also requires the Department to adjust the separate rate 
assigned to SFTC. For additional explanation, see the Ministerial Error 
Allegations Memo.
    Therefore, we are amending the final results of administrative 
review of certain cased pencils from the PRC for the period December 1, 
2006, through November 30, 2007, to include the revised surrogate value 
calculations for slats, lacquer and plastic toppers. The revised 
weighted-average percentage dumping margin for China First, Three Star, 
and SFTC are as follows:

------------------------------------------------------------------------
          Manufacturer/exporter                   Margin (percent)
------------------------------------------------------------------------
China First Pencil Company, Ltd. (which                            10.41
 includes its affiliates China First
 Pencil Fang Zheng Co., Shanghai First
 Writing Instrument Co., Ltd., and
 Shanghai Great Wall Pencil Co., Ltd.)...
Shanghai Three Star Stationery Industry                            59.62
 Corp....................................
Shandong Rongxin Import & Export Co.,                              11.48
 Ltd\1\..................................
Orient International Holding Shanghai                              32.21
 Foreign Trade Co., Ltd..................
PRC-wide Entity\2\.......................                         114.90
------------------------------------------------------------------------
\1\ We have not addressed comments pertaining to clerical error
  allegations relating to Rongxin's margin in the Final Results because
  the U.S. Court of International Trade has obtained jurisdiction of
  those results pursuant to Rongxin having filed a complaint. See
  Shandong Rongxin Import & Export Co., Ltd. v. United States, Court No.
  09-00316 (Complaint filed August 8, 2009); see also Zenith Elecs.
  Corp. v. United States, 884 F.2d 556, 561 (Fed. Cir. 1989).
\2\ The PRC-wide entity includes Anhui Import Export Co., Ltd.,
  Guangdong Provincial Stationery and Sporting Goods Import Export
  Corporation, and Tianjin Custom Wood Processing Co., Ltd. A review was
  requested for these three companies.

Assessment Rate

    The Department will determine, and U.S. Customs and Border 
Protection (``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 
the Final Results.
    The Department intends to issue appropriate assessment instructions 
directly to CBP 15 days after the date of publication of the amended 
final results of the administrative review.

Cash Deposit Requirements

    The following deposit rates will be effective retroactively on any 
entries made on or after July 13, 2009, the date of publication of the 
Final Results, for all shipments of certain cased pencils from the PRC 
entered, or withdrawn from warehouse, for consumption on or after the 
publication date, as provided by section 751(a)(2)(C) of the Act: (1) 
the cash deposit rate for the reviewed companies named above will be 
the rates established in the amended final results of this review, 
except if a rate is less than 0.5 percent, and therefore de minimis, 
the cash deposit rate will be zero; (2) for any previously reviewed or 
investigated PRC or non-PRC exporter, not covered in this review, with 
a separate rate, the cash deposit rate will be the company-specific 
rate established in the most recent segment of this proceeding; (3) for 
all other PRC exporters, the cash deposit rate will be the PRC-wide 
rate established in the final results of this review which is 114.90 
percent; and (4) the cash-deposit rate for any non-PRC exporter of 
subject merchandise from the PRC will be the rate applicable to the PRC 
exporter that supplied that exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred, and in the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    This notice is also the reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
written notification of the return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation

Disclosure

    We will disclose the calculations performed for these amended final 
results within five days of the date of publication of this notice to 
interested parties in accordance with 19 CFR 351.224(b).
    We are issuing and publishing these results and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: August 24, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-21005 Filed 8-31-09; 8:45 am]
BILLING CODE 3510-DS-S