[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31960]
[Federal Register: December 28, 1994]
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DEPARTMENT OF COMMERCE
[A-570-827]
Antidumping Duty Order: Certain Cased Pencils from the People's
Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: December 28, 1994.
FOR FURTHER INFORMATION CONTACT:
Kristin Heim or Thomas McGinty, Office of Countervailing
Investigations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
3798 or (202) 482-5055, respectively.
Scope of Order
The products covered by this investigation are certain cased
pencils of any shape or dimension 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 investigation are
classified under subheading 9609.10.00 of the Harmonized Tariff
Schedule of the United States (``HTSUS'').
Specifically excluded from the scope of this investigation are
mechanical pencils, cosmetic pencils, pens, non-cased crayons (wax),
pastels, charcoals, and chalks.
Although the HTSUS subheading is provided for convenience and
customs purposes, our written description of the scope of this
investigation is dispositive.
Antidumping Duty Order
In accordance with section 735(a) of the Tariff Act of 1930, as
amended (``the Act''), on October 31, 1994, the Department of Commerce
(``the Department'') made its final determination that certain cased
pencils from the people's Republic of China (``PRC'') were being sold
at less than fair value (59 FR 55625, November 8, 1994). On December
15, 1994, the International Trade Commission notified the Department of
its final determination, pursuant to section 735(b)(1)(A)(ii) of the
Act, that an industry in the United States is threatened with material
injury by reason of imports of the subject merchandise. Additionally,
pursuant to section 735(b)(4)(B) of the Act (19 U.S.C. 1673d(b)(4)(B)),
the ITC examined whether material injury would have been found but for
the suspension of liquidation of the merchandise. The ITC determined
that such was not the case.
When the ITC finds threat of material injury, and makes a negative
``but for'' finding, the ``Special Rule'' provision of section
736(b)(2) of the Act applies. Therefore, all entries of certain cased
pencils from the People's Republic of China, entered or withdrawn from
warehouse, for consumption, made on or after the date on which the ITC
publishes its final affirmative determination of threat of material
injury in the Federal Register (which is currently scheduled for
December 21, 1994), will be liable for the assessment of antidumping
duties.
The Department will direct the U.S. Customs Service to terminate
the suspension of liquidation for the entries of certain cased pencils
from the People's Republic of China, entered or withdrawn from
warehouse, for consumption, before the date on which the ITC publishes
its final affirmative determination of threat of material injury in the
Federal Register (which is currently scheduled for December 21, 1994),
and to release any bond or other security, and refund any cash deposit,
posted to secure the payment of estimated antidumping duties with
respect to those entries. For entries on or after that date, the U.S.
Customs officers must require, at the same time as importers would
normally deposit estimated duties on this merchandise, a cash deposit
equal to the estimated weighted-average antidumping duty margins as
noted below.
In our final determination, we calculated zero margins for two of
the exporters, China First and Guangdong. We stated that in accordance
with 19 CFR section 353.21 and consistent with Jia Farn Manufacturing
Co., Ltd. v. United States, Slip Op. 93-42 (March 26, 1993); we would
exclude from an order imports of subject merchandise that are sold by
either China First or Guangdong and manufactured by the producers whose
factors formed the basis for the zero margin. At the time of our final
determination, we were unable to reveal the names of the corresponding
producers as their identities were business proprietary. Thus, we
referred to the corresponding producers as Company A and Company B.
Subsequent to our final determination, we have received authorization
from those two exporters through their counsel that the names of the
corresponding producers are now public. Therefore, we have identified
these producers below. Additionally, the ``All Others'' rate applies to
all exporters of PRC cased pencils not specifically listed below.
The ad valorem weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Manufacturer/producer/exporter Percentage
------------------------------------------------------------------------
China First/China First.................................... 0.00
China First/Any other manufacturer......................... 44.66
Guangdong/Three Star Stationery............................ 0.00
Guangdong Any other manufacturer........................... 44.66
SFTC....................................................... 8.31
Shanghai Lansheng.......................................... 17.45
All Others................................................. 44.66
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In accordance with section 736(a)(1) of the Act (19 U.S.C.
1673e(a)(1), the Department will direct Customs officers to assess,
upon further advice by the Department, antidumping duties equal to the
amount by which the foreign market value of the merchandise exceeds the
United States price for all relevant entries of certain cased pencils
from the PRC. Customs officers must require, at the same time as
importers would normally deposit estimated duties on this merchandise,
a cash deposit equal to the estimated weighted-average antidumping duty
margins. In accordance with section 736(b)(2), these antidumping duties
will be assessed on all unliquidated entries of certain cased pencils
from the People's Republic of China which were entered, or withdrawn
from warehouse, for consumption, on or after the date on which the ITC
publishes its final affirmative determination of threat of material
injury in the Federal Register.
This notice constitutes the antidumping duty order with respect to
certain cased pencils from the PRC, pursuant to section 736(a) of the
Act. Interested parties may contact the Central Records Unit, room B-
099 of the Main Commerce Building, for copies of an updated list of
antidumping orders currently in effect.
This order is published in accordance with section 736(a) of the
Act and 19 CFR 353.21.
Dated: December 21, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-31960 Filed 12-27-94; 8:45 am]
BILLING CODE 3510-DS-M
