[Federal Register Volume 76, Number 133 (Tuesday, July 12, 2011)]
[Notices]
[Pages 40880-40881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17499]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-827]


Certain Cased Pencils From the People's Republic of China: 
Continuation of Antidumping Duty Order

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

DATES:  Effective Date: July 12, 2011.
SUMMARY: As a result of the determinations by the Department of 
Commerce (``Department'') and the International Trade Commission 
(``ITC'') that revocation of the antidumping duty order on certain 
cased pencils from the People's Republic of China (``PRC'') would 
likely lead to a continuation or recurrence of dumping and material 
injury to an industry in the United States, the Department is 
publishing a notice of continuation of the antidumping duty order.

FOR FURTHER INFORMATION CONTACT: Mahnaz Khan or Yasmin Nair, AD/CVD 
Operations, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-0914 and (202) 482-3813, 
respectively.

SUPPLEMENTARY INFORMATION: On November 1, 2010, the Department 
published in the Federal Register the notice of initiation of the third 
sunset review of the antidumping duty order on certain cased pencils 
from the PRC, pursuant to section 751(c)(2) of the Tariff Act of 1930, 
as amended (``the Act''). See Initiation of Five-Year (``Sunset'') 
Review, 75 FR 67082 (November 1, 2010).
    As a result of its review, the Department determined that 
revocation of the antidumping duty order on certain cased pencils from 
the PRC would likely lead to a continuation or recurrence of dumping 
and, therefore, notified the ITC of the magnitude of the margins likely 
to prevail should the order be revoked. See Certain Cased Pencils from 
the People's Republic of

[[Page 40881]]

China: Final Results of the Expedited Third Sunset Review of the 
Antidumping Duty Order, 76 FR 12323 (March 7, 2011).
    On July 1, 2011, the ITC determined, pursuant to section 751(c)(1) 
of the Act, that revocation of the antidumping duty order on certain 
cased pencils from the PRC would likely lead to a continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time. See Cased Pencils from China, 76 
FR 38697 (July 1, 2011), and USITC Publication 4239 (June 2011), Cased 
Pencils from China, Investigation No. 731-TA-669 (Third Review).

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.

Continuation of the Order

    As a result of these determinations by the Department and the ITC 
that revocation of the antidumping duty order would likely lead to a 
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 
order on certain cased pencils from the PRC. U.S. Customs and Border 
Protection will continue to collect antidumping duty cash deposits at 
the rates in effect at the time of entry for all imports of subject 
merchandise. The effective date of the continuation of the order will 
be 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 the 
order not later than 30 days prior to the fifth anniversary of the 
effective date of continuation.
    This five-year (sunset) review and this notice are in accordance 
with section 751(c) of the Act and published pursuant to section 
777(i)(1) of the Act.

    Dated: July 6, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-17499 Filed 7-11-11; 8:45 am]
BILLING CODE 3510-DS-P