[Federal Register Volume 62, Number 87 (Tuesday, May 6, 1997)]
[Notices]
[Pages 24636-24637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11756]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-827]
Certain Cased Pencils From the People's Republic of China; Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Commerce.
ACTION: Notice of final results of antidumping duty administrative
review.
-----------------------------------------------------------------------
SUMMARY: On January 13, 1997, the Department of Commerce (the
Department) published the preliminary results and partial rescission of
an administrative review of the antidumping duty order on certain cased
pencils (pencils) from the People's Republic of China (PRC) covering
the period of December 21, 1994, through November 30, 1995 (62 FR
1734). We gave interested parties an opportunity to comment on our
preliminary results. We received no comments. Therefore, the
preliminary results are unaltered. The review indicates the existence
of a PRC-wide dumping margin of 44.66 percent for this period.
EFFECTIVE DATE: May 6, 1997.
FOR FURTHER INFORMATION CONTACT: Paul Stolz or Thomas Futtner, Office
of Antidumping/Countervailing Duty Enforcement, Import Administration,
US Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230, telephone (202) 482-4474/3814.
Applicable Statute
Unless otherwise indicated, all citations to the statute are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act of 1930 (the Act), by the
Uruguay Round Agreements Act (URAA). In addition, unless otherwise
indicated, all citations to the Departments regulations are to the
current regulations, as amended by the interim regulations published in
the Federal Register on May 11, 1995 (60 FR 25130).
SUPPLEMENTARY INFORMATION:
Scope of the Review
The products covered by this review 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 review 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-case
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 review is dispositive.
Background
The antidumping duty order on pencils from the PRC was published on
December 28, 1994 (59 FR 66909). On January 13, 1997, the Department
published in the Federal Register the preliminary results of its review
of this order for the period December 21, 1994 through November 30,
1995 POR. In our notice of January 13, 1997, we rescinded the review as
to the several companies
[[Page 24637]]
which reported that they had no shipments of subject merchandise during
the POR and as to China First Pencil Company, Ltd. (China First) and
Guangdong Provincial Stationery & Sporting Goods Import and Export
Corporation (Guangdong). With respect to China First and Guangdong, we
verified that the only subject merchandise exported by these firms
during the December 21, 1994 through November 30, 1995 POR was
merchandise excluded from the order (i.e., manufactured by the
factories upon which the zero margins in the less-than-fair-value
investigation were based). See Antidumping Duty Order: Certain Cased
Pencils from the People's Republic of China, 59 FR 66909, (December 28,
1994). Therefore, these final results apply only to the PRC-wide entity
which includes the remaining respondents in this review which did not
reply to our questionnaire and show that they were entitled to a rate
separate from the PRC entity.
Final Results of the Review
We gave interested parties an opportunity to comment on our
preliminary results. We received no comments. Therefore, the
preliminary results are unaltered. Based on the rationale set forth in
our preliminary determination, we have determined that a margin of
44.66 percent exists for the PRC entity for the period December 21,
1994 through November 30, 1995. (This rate applies to all exports of
pencils from the PRC other than those produced and exported by China
First and those produced by Shanghai Three Star Stationery Company,
Ltd. (Three Star) and exported by Guangdong, and those exported by
Shanghai Foreign Trade Corporation (SFTC), an exporter which was
previously determined to be entitled to a separate rate, and for which
the petitioner withdrew its request for this administrative review.)
The weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Weighted
Manufacturer/ producer/ exporter average margin
percentage
------------------------------------------------------------------------
PRC Rate............................................... 44.66
------------------------------------------------------------------------
The U.S. Customs Service shall assess antidumping duties on all
appropriate entries. Individual differences between United States price
and normal value may vary from the percentage stated above. The
Department will issue appraisement instructions concerning the
respondent directly to the U.S. Customs Service.
Furthermore, the following deposit requirements will be effective
for all shipments of the subject merchandise, entered, or withdrawn
from warehouse, for consumption on or after the publication date of
these final results of administrative review, as provided for by
section 751(a)(1) of the Act: (1) No cash deposit is required for
entries of subject merchandise both produced by China First and
exported by China First, or for subject merchandise both produced by
Three Star Stationery and exported by Guangdong; (2) the cash deposit
rate for merchandise exported by China First and produced by any
manufacturer other than China First, merchandise exported by Guangdong
and produced by any manufacturer other than Three Star, and merchandise
exported by all other PRC exporters will be the PRC rate of 44.66
percent; (3) the cash deposit rate for SFTC will be 8.31 percent; and
(4) for non-PRC exporters of subject merchandise from the PRC, the cash
deposit rate will be the rate of its supplier, i.e., the PRC rate.
These deposit requirements shall remain in effect until publication
of the final results of the next administrative review. This notice
serves as the final reminder to importers of their responsibility under
19 CFR 353.26 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 reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 353.34(d). Timely written notification or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of the APO is a sanctionable
violation.
This administrative review and notice are in accordance with
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR
353.22.
Dated: April 30, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-11756 Filed 5-5-97; 8:45 am]
BILLING CODE 3510-DS-P
