Federal Register / Vol. 65, No. 129 / Wednesday, July 5, 2000 / Notices 41431

1See Extension of Time Limit for Final Results of

Five-year Reviews, 65 FR 18058 (April 6, 2000).

2See Notice of Scope Rulings, 62 FR 62288

(November 21, 1997) (the Department determined

that a plastic, quasi-mechanical pencil known as

the Bensia pencil is outside the scope of the order);

and Notice of Scope Rulings, 63 FR 29700 (June 1,

1998) (Naturally Pretty, a young girl’s 10 piece

dress-up vanity set, including two 3-inch pencils,

is outside the scope of the order).

Dated: June 28, 2000.

Pierre V. Duy,

Acting Executive Secretary.

[FR Doc. 00–16957 Filed 7–3–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–570–827]

Certain Cased Pencils From the

People’s Republic of China; Final

Results of Expedited Sunset Review of

Antidumping Duty Order

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of

expedited sunset review: Certain cased

pencils from the People’s Republic of

China.

SUMMARY: On December 1, 1999, the

Department of Commerce (‘‘the

Department’’) published the notice of

initiation of sunset review of the

antidumping duty order on certain

cased pencils from the People’s

Republic of China (‘‘PRC’’) (64 FR

67247), pursuant to section 751(c) of the

Tariff Act of 1930, as amended (‘‘the

Act’’). On the basis of a notice of intent

to participate and adequate substantive

response filed on behalf of domestic

interested parties and inadequate

response (in this case, no response) from

respondent interested parties, we

determined to conduct an expedited

sunset review. Based on our analysis of

the comments received, we find that

revocation of the antidumping duty

order would be likely to lead to

continuation or recurrence of dumping

at the levels listed below in the section

entitled Final Results of the Review.

EFFECTIVE DATE: July 5, 2000.

FOR FURTHER INFORMATION CONTACT: Eun

W. Cho or James Meader, Office of

Policy for Import Administration,

International Trade Administration,

U.S. Department of Commerce, 14th

Street and Constitution Avenue, NW.,

Washington, DC 20230; telephone: (202)

482–1698 or (202) 482–3330,

respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

Unless otherwise indicated, all

citations to the Act are references to the

provisions effective January 1, 1995, the

effective date of the amendments made

to the Act by the Uruguay Round

Agreements Act (‘‘URAA’’). In addition,

unless otherwise indicated, all citations

to the Department regulations are to 19

CFR Part 351 (1999). Guidance on

methodological or analytical issues

relevant to the Department’s conduct of

sunset reviews is set forth in the

Department Policy Bulletin 98:3—

Policies Regarding the Conduct of Fiveyear (‘‘Sunset’’) Reviews of

Antidumping and Countervailing Duty

Orders; Policy Bulletin, 63 FR 18871

(April 16, 1998) (Sunset Policy

Bulletin).

Background

On December 1, 1999, the Department

published the notice of initiation of

sunset review of the antidumping duty

order on certain cased pencils from the

PRC (64 FR 67247). We invited

interested parties to comment. On the

basis of a notice of intent to participate

and adequate substantive response filed

on behalf of domestic interested parties

and inadequate response (in this case,

no response) from respondent interested

parties, the Department determined to

conduct an expedited sunset review.

The Department is conducting this

sunset review in accordance with

sections 751 and 752 of the Act.

In accordance with section

751(c)(5)(C)(v) of the Act, the

Department may treat a review as

extraordinarily complicated if it is a

review of a transition order (i.e., an

order in effect on January 1, 1995). This

review concerns a transition order

within the meaning of section

751(c)(6)(C)(ii) of the Act. Therefore, on

April 6, 2000, the Department

determined that the sunset review of the

antidumping duty order on certain

cased pencils from the PRC is

extraordinarily complicated and

extended the time limit for completion

of the final results of this review until

not later than June 28, 2000, in

accordance with section 751(c)(5)(B) of

the Act.1

Scope of Review

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 manmade 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

Schedules of the United States

(‘‘HTSUS’’).

Specifically excluded from the scope

of this investigation are mechanical

pencils, cosmetic pencils, pens, noncased crayons (wax), pastels, charcoals,

and chalks.2

Although the HTSUS subheadings are

provided for convenience and customs

purposes, our written description of the

scope of this proceeding is dispositive.

Analysis of Comments Received

All issues raised in substantive

responses by parties to this sunset

review are addressed in the Issues and

Decision Memorandum (‘‘Decision

Memo’’) from Jeffrey A. May, Director,

Office of Policy, Import Administration,

to Troy H. Cribb, Acting Assistant

Secretary for Import Administration,

dated June 28, 2000, which is hereby

adopted by this notice. The issues

discussed in the Decision Memo include

the likelihood of continuation or

recurrence of dumping and the

magnitude of the margin likely to

prevail were the order revoked. Parties

can find a complete discussion of all

issues raised in this review and the

corresponding recommendations in this

public memorandum which is on file in

B–099, the Central Records Unit, of the

main Commerce building.

In addition, a complete version of the

Decision Memo can be accessed directly

on the Web at ia.doc.gov/frn. The paper

copy and electronic version of the

Decision Memo are identical in content.

Final Results of Review

We determine that revocation of the

antidumping duty order would be likely

to lead to continuation or recurrence of

dumping at the following percentage

weighted-average margins:

Manufacturer/exporter Margin

(percent)

China First ................................ 8.60

Shanghai Lansheng Corp ......... 19.36

Shanghai Foreign Trade Corp .. 11.15

Guangdong Stationery/Three

Star Stationery 1 .................... 0.00

Guangdong Stationery/all other

producers 2 ............................ 53.65

PRC-wide .................................. 53.65

1Exported by Guangdong Stationery and

produced by Three Star. 2Exported by Guangdong Stationery and

produced by all other producers.

This notice also serves as the only

reminder to parties subject to

41432 Federal Register / Vol. 65, No. 129 / Wednesday, July 5, 2000 / Notices

1See Extension of Time Limit for Final Results of

Five-Year Reviews, 65 FR 18058 (April 6, 2000).

administrative protective orders

(‘‘APO’’) of their responsibility

concerning the return or destruction of

proprietary information disclosed under

APO in accordance with 19 CFR

351.305 of the Department’s regulations.

Timely notification of the return or

destruction of APO materials or

conversion to judicial protective order is

hereby requested. Failure to comply

with the regulations and terms of an

APO is a violation which is subject to

sanction.

We are issuing and publishing this

determination and notice in accordance

with sections 751(c), 752, and 777(i) of

the Act.

Dated: June 28, 2000.

Troy H. Cribb,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 00–16955 Filed 7–3–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–570–831]

Fresh Garlic From the People’s

Republic of China; Final Results of

Expedited Sunset Review of

Antidumping Duty Order

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of

expedited sunset review: fresh garlic

from the People’s Republic of China.

SUMMARY: On December 1, 1999, the

Department of Commerce (‘‘the

Department’’) published the notice of

initiation of sunset review of the

antidumping duty order on fresh garlic

from the People’s Republic of China

(‘‘PRC’’) (64 FR 67247), pursuant to

section 751(c) of the Tariff Act of 1930,

as amended (‘‘the Act’’). On the basis of

a notice of intent to participate and

adequate substantive response filed on

behalf of domestic interested parties and

inadequate responses from respondent

interested parties, we determined to

conduct an expedited sunset review.

Based on our analysis of the comments

received, we find that revocation of the

antidumping duty order would be likely

to lead to continuation or recurrence of

dumping at the levels listed below in

the section entitled Final Results of the

Review.

EFFECTIVE DATE: July 5, 2000.

FOR FURTHER INFORMATION CONTACT: Eun

W. Cho or James Maeder, Office of

Policy for Import Administration,

International Trade Administration,

U.S. Department of Commerce, 14th

Street and Constitution Avenue, NW.,

Washington, DC 20230; telephone: (202)

482–1698 or (202) 482–3330,

respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

Unless otherwise indicated, all

citations to the Act are references to the

provisions effective January 1, 1995, the

effective date of the amendments made

to the Act by the Uruguay Round

Agreements Act (‘‘URAA’’). In addition,

unless otherwise indicated, all citations

to the Department’s regulations are to 19

CFR Part 351 (1999). Guidance on

methodological or analytical issues

relevant to the Department’s conduct of

sunset reviews is set forth in the

Department Policy Bulletin 98:3—

Policies Regarding the Conduct of Fiveyear (‘‘Sunset’’) Reviews of

Antidumping and Countervailing Duty

Orders; Policy Bulletin, 63 FR 18871

(April 16, 1998) (Sunset Policy

Bulletin).

Background

On December 1, 1999, the Department

published the notice of initiation of

sunset review of the antidumping duty

order on fresh garlic from the PRC (64

FR 67247). We invited parties to

comment. On the basis of a notice of

intent to participate and adequate

substantive response filed on behalf of

domestic interested parties and

inadequate substantive responses from

respondent interested parties, we

determined to conduct an expedited

sunset review. The Department is

conducting this sunset review in

accordance with sections 751 and 752 of

the Act.

In accordance with section

751(c)(5)(C)(v) of the Act, the

Department may treat a review as

extraordinarily complicated if it is a

review of a transition order (i.e., an

order in effect on January 1, 1995). This

review concerns a transition order

within the meaning of section

751(c)(6)(C)(ii) of the Act. Therefore, on

April 6, 2000, the Department

determined that the sunset review of the

antidumping duty order on fresh garlic

from the PRC is extraordinarily

complicated and extended the time

limit for completion of the final results

of this review until not later than June

28, 2000, in accordance with section

751(c)(5)(B) of the Act.1

Scope of Review

The products subject to this

antidumping duty order are all grades of

garlic, whole or separated into

constituent cloves, whether or not

peeled, fresh, chilled, frozen,

provisionally preserved, or packed in

water or other neutral substance, but not

prepared or preserved by the addition of

other ingredients or heat processing.

The differences between grades are

based on color, size, sheathing, and

level of decay. The scope of this order

does not include the following: (a)

Garlic that has been mechanically

harvested and that is primarily, but not

exclusively, destined for non-fresh use;

or (b) garlic that has been specially

prepared and cultivated prior to

planting and then harvested and

otherwise prepared for use as seed. The

subject merchandise is used principally

as a food product and for seasoning. The

subject garlic is currently classifiable

under subheadings 0703.20.0000,

0710.80.7060, 0710.80.9750,

0711.90.6000, and 2005.90.9500 of the

Harmonized Tariff Schedule of the

United States (‘‘HTSUS’’).

In order to be excluded from the

antidumping duty order, garlic entered

under the HTSUS subheadings listed

above that is (1) mechanically harvested

and primarily, but not exclusively,

destined for non-fresh use or (2)

specially prepared and cultivated prior

to planting and then harvested and

otherwise prepared for use as seed must

be accompanied by declarations to the

Customs Service to that effect.

Although the HTSUS subheadings are

provided for convenience and customs

purposes, our written description of the

scope of this proceeding is dispositive.

Analysis of Comments Received

All issues raised in substantive

responses by parties to this sunset

review are addressed in the Issues and

Decision Memorandum (‘‘Decision

Memo’’) from Jeffrey A. May, Director,

Office of Policy, Import Administration,

to Troy H. Cribb, Acting Assistant

Secretary for Import Administration,

dated March 30, 2000, which is hereby

adopted by this notice. The issues

discussed in the Decision Memo include

the likelihood of continuation or

recurrence of dumping and the

magnitude of the margin likely to

prevail were the order revoked. Parties

can find a complete discussion of all

issues raised in this review and the

corresponding recommendations in this

public memorandum which is on file in

B–099, the Central Records Unit, of the

main Commerce building.