[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Notices]
[Page 15673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05169]


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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: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the International Trade Commission (ITC) in 
their five year (sunset) review that revocation of the antidumping duty 
(AD) order on certain cased pencils (pencils) from the People's 
Republic of China (China) would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, Commerce is publishing a notice of continuation of the AD order 
on pencils from China.

DATES: Applicable March 14, 2023.

FOR FURTHER INFORMATION CONTACT: Katherine Johnson, AD/CVD Operations, 
Office VIII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4929.

SUPPLEMENTARY INFORMATION: 

Background

    On December 28, 1994, Commerce published in the Federal Register 
the AD order on pencils from China.\1\ On August 1, 2022, the ITC 
instituted \2\ and Commerce initiated \3\ the fifth five-year (sunset) 
review of the Order, pursuant to sections 751(c) and 752 of the Tariff 
Act of 1930, as amended (the Act). Commerce conducted an expedited 
(120-day) sunset review of the Order, pursuant to section 751(c)(3)(B) 
of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of its 
review, Commerce determined that revocation of the Order would likely 
lead to a continuation or recurrence of dumping. Therefore, Commerce 
notified the ITC of the magnitude of the margin of dumping likely to 
prevail were the Order to be revoked.\4\
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    \1\ See Antidumping Duty Order: Certain Cased Pencils from the 
People's Republic of China, 59 FR 66909 (December 28, 1994) (Order).
    \2\ See Cased Pencils from China; Institution of a Five-Year 
Review, 87 FR 46998 (August 1, 2022).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 46943 
(August 1, 2022).
    \4\ See Certain Cased Pencils from the People's Republic of 
China: Final Results of the Expedited Fifth Sunset Review of the 
Antidumping Duty Order, 87 FR 71582 (November 23, 2022).
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    On March 8, 2023, the ITC published its determination, pursuant to 
sections 751(c) and 752(a) of the Act, that revocation of the Order 
would likely lead to a continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\5\
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    \5\ See Cased Pencils from China, 88 FR 14391 (March 8, 2023).
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Scope of the Order

    The products covered by the sunset review of this Order are 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 this Order are currently classified under subheading 
9609.10.00 of the Harmonized Tariff Schedules of the United States 
(HTSUS). Specifically excluded from the scope of this 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 
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; our written description of the scope of the Order is 
dispositive.

Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the Order would likely lead to a continuation or 
recurrence of dumping, and material injury to an industry in the United 
States, pursuant to sections 751(c) and 751(d)(2) of the Act, Commerce 
hereby orders the continuation of the Order. U.S. Customs and Border 
Protection will continue to collect AD 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 section 751(c)(2) of the Act, Commerce intends to initiate 
the next five-year review of this Order not later than 30 days prior to 
the fifth anniversary of the effective date of continuation.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which 
may be subject to sanctions.
    This five-year (sunset) review and notice are in accordance with 
sections 751(c) and (d)(2), and 777(i)(1) the Act, and 19 CFR 
351.218(f)(4).

    Dated: March 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-05169 Filed 3-13-23; 8:45 am]
BILLING CODE 3510-DS-P