[Federal Register Volume 77, Number 170 (Friday, August 31, 2012)]
[Notices]
[Pages 53176-53177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21607]


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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 Antidumping Duty Changed Circumstances Review, and 
Determination To Revoke Order, in Part

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

SUMMARY: On July 18, 2012, the Department of Commerce (``the 
Department'') published a notice of initiation and preliminary results 
of a changed circumstance review and intent to revoke, in part, the 
antidumping duty (``AD'') order of certain cased pencils from the 
People's Republic of China (``PRC''). The final results do not differ 
from the preliminary results of review, and we are revoking the order, 
in part, with respect to novelty drumstick pencils. This partial 
revocation is effective June 1, 2011.

DATES: Effective Date: June 1, 2011.

FOR FURTHER INFORMATION CONTACT: Mahnaz Khan at (202) 482-0914 or 
Yasmin Nair at (202) 482-3813; AD/CVD Operations, Office 1, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230.

Background

    On December 28, 1994, the Department published in the Federal 
Register the AD order on certain cased pencils from the PRC. See 
Antidumping Duty Order: Certain Cased Pencils from the People's 
Republic of China, 59 FR 66909 (December 28, 1994) (``AD order''). On 
May 23, 2012, in accordance with section 751(b) and 751(d)(1) of the 
Tariff Act of 1930, as amended (``the Act''), 19 CFR 351.216(b), and 19 
CFR 351.222(g)(1), ThinkGeek, a U.S. importer of subject merchandise, 
requested revocation, in part, of the AD order with respect to its 
novelty pencil, which is shaped like a drumstick. ThinkGeek's novelty 
drumstick pencil is made to look like a pencil, except that it is 
shaped as a drumstick. This pencil is longer than regular wooden 
pencils and does not contain an eraser. ThinkGeek requested that the 
Department conduct the changed circumstances review on an expedited 
basis pursuant to 19 CFR 351.221(c)(3)(ii).
    On July 18, 2012, the Department published its concurrent 
initiation and preliminary results of this changed circumstances 
review. See Certain Cased Pencils From the People's Republic of China: 
Initiation and Preliminary Results of Antidumping Duty Changed 
Circumstances Review, and Intent To Revoke Order in Part, 77 FR 42276 
(July 18, 2012) (``Preliminary Results''). The Department preliminary 
determined to revoke, in part, the AD order on certain cased pencils 
from the PRC with respect to novelty drumstick pencils. In the 
Preliminary Results, we stated that interested parties could submit 
comments to the Department no later than 14 days after the publication 
of the Preliminary Results in the Federal Register. No interested 
parties submitted comments on the changed circumstances 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

[[Page 53177]]

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 characteristics are 
excluded from 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. Also excluded are novelty 
drumstick pencils that are shaped like drumsticks, longer than regular 
wooden pencils, and do not contain erasers.
    Although the HTSUS subheading is provided for convenience and 
customs purposes, the written description of the scope and order is 
dispositive.

Final Results of Changed Circumstances Review

    Based on the Department's analysis in the Preliminary Results 
(which we incorporate herein by reference) and in light of the fact 
that no interested parties submitted any comments on the Department's 
preliminary results, the Department hereby determines to revoke, in 
part, the AD order with respect to novelty drumstick pencils. For the 
reasons indicated in the Preliminary Results, the effective date of 
this determination is June 1, 2011. See Preliminary Results, 77 FR at 
42277. In addition, the Department has modified the scope of the AD 
order, as reflected above, consistent with these final results.
    We will instruct U.S. Customs and Border Protection (``CBP'') to 
liquidate without regard to antidumping duties all unliquidated entries 
of novelty drumstick pencils entered, or withdrawn from warehouse, for 
consumption on or after June 1, 2011. The Department will further 
instruct CBP to refund with interest any estimated antidumping duties 
collected with respect to these entries, in accordance with section 778 
of the Act and 19 CFR 351.222(g)(4).
    This changed circumstances administrative review, partial 
revocation of the antidumping duty order and notice are in accordance 
with sections 751(b) and (d), 777(i), and 782(h) of the Act and 19 CFR 
351.216(e) and 351.222(g).

    Dated: August 27, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-21607 Filed 8-30-12; 8:45 am]
BILLING CODE 3510-DS-P