[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Notices]
[Pages 27988-27990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11847]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-827]


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

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

SUMMARY: On January 13, 2011, the Department of Commerce 
(``Department'') published the preliminary 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, 2008, through November 30, 2009. We gave interested 
parties an opportunity to comment on the preliminary results, however 
we did not receive any comments. As a result, we have not made changes 
to our margin calculations for the final results of this review. The 
final dumping margins for this review are listed in the ``Final Results 
of the Review'' section below.

DATES: Effective Date: May 13, 2011.

FOR FURTHER INFORMATION CONTACT: Mahnaz Khan or David Layton, AD/CVD 
Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
0914 or (202) 482-0371, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Following the preliminary results of review (See Certain Cased 
Pencils From the People's Republic of China: Preliminary Results and 
Partial Rescission of Antidumping Duty Administrative Review, 76 FR 
2337 (January 13, 2011) (``Preliminary Results'')), the Department 
issued an additional supplemental questionnaire to mandatory respondent 
Shandong Rongxin Import and Export Co., Ltd. (``Rongxin'') on January 
10, 2011, and received a response on January 28, 2011. The Department 
also issued an

[[Page 27989]]

additional supplemental questionnaire to Beijing Fila Dixon Stationery 
Company Ltd. (``Beijing Dixon''), the other mandatory respondent, on 
January 31, 2011. Beijing Dixon responded on February 16, 2011.
    We did not receive case briefs from any party, and none of the 
parties requested a hearing.

Scope of the Order

    Imports covered by the order are shipments of certain cased pencils 
of any shape or dimension (except as described 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.
    In addition, pencils with all of the following physical 
characteristics are excluded from the scope of the order: Novelty jumbo 
pencils that are octagonal in shape, approximately ten inches long, one 
inch in diameter before sharpening, and three-and-one-eighth inches in 
circumference, composed of turned wood encasing one-and-one-half inches 
of sharpened lead on one end and a rubber eraser on the other end.
    Although the HTSUS subheading is provided for convenience and 
customs purposes, the written description of the scope of the order is 
dispositive.

Final Results of the Review

    We determine that the following margins exist for the period 
December 1, 2008, through November 30, 2009:

------------------------------------------------------------------------
                                                             Margin
                        Company                             (percent)
------------------------------------------------------------------------
Beijing Fila Dixon Stationery Company Ltd.............              0.00
Shandong Rongxin Import and Export Co., Ltd...........              0.17
------------------------------------------------------------------------

Assessment Rates

    The Department has determined, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries. The Department intends to issue assessment 
instructions to CBP 15 days after the date of publication of these 
final results of review.
    In accordance with 19 CFR 351.212(b)(1), we calculated exporter/
importer-specific (or customer-specific) assessment rates for 
merchandise subject to this review. Beijing Dixon reported entered 
values for its U.S. sales. Therefore, we calculated importer (or 
customer) specific ad valorem rates by aggregating the dumping margins 
calculated for all U.S. sales to each importer (or customer), and 
dividing this amount by the entered value of the sales to each importer 
(or customer). Rongxin did not report entered values for its U.S. 
sales. Therefore, we calculated a per-unit assessment rate for each 
importer (or customer) by dividing the total dumping margins for 
reviewed sales to that party by the total sales quantity associated 
with those transactions. For duty-assessment rates calculated on this 
basis, we will direct CBP to assess the resulting per-unit rate against 
the entered quantity of the subject merchandise.
    To determine whether the duty assessment rates were de minimis, in 
accordance with the requirement set forth in 19 CFR 351.106(c)(2), the 
Department calculated importer-specific ad valorem ratios based on the 
entered value or the estimated entered value, when entered value was 
not reported. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to 
liquidate without regard to antidumping duties any entries for which 
the assessment rate is de minimis (i.e., less than 0.50 percent).
    We intend to instruct CBP to liquidate entries of subject 
merchandise exported by the PRC-wide entity at the estimated 
antidumping duty rate in effect at the time of entry. Because the PRC-
wide entity was not reviewed during this period of review, the PRC-wide 
rate remains 114.90 percent, the rate established in the administrative 
review for the most recent period.

Cash Deposit Requirements

    The following cash-deposit requirements will apply to all shipments 
of certain cased pencils from the PRC entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(1) of the Act: (1) Because the cash deposit rates for Rongxin 
and Beijing Dixon are de minimis, i.e., the rate is less than 0.5 
percent, no cash deposits will be required for Rongxin and Beijing 
Dixon; (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 the administrative review for the most recent period, 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 Interested Parties

    This notice 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 the subsequent 
assessment of double antidumping duties.
    This notice also serves as a final reminder to parties subject to 
the administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305. Timely 
written notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply

[[Page 27990]]

with the regulations and the terms of an APO is a sanctionable 
violation.
    This notice of final results is issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: May 9, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-11847 Filed 5-12-11; 8:45 am]
BILLING CODE 3510-DS-P