[Federal Register Volume 65, Number 129 (Wednesday, July 5, 2000)]
[Notices]
[Pages 41431-41432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16955]


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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 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.

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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 Five-year (``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\
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    \1\ See Extension of Time Limit for Final Results of Five-year 
Reviews, 65 FR 18058 (April 6, 2000).
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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 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 
Schedules 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.\2\
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    \2\ See 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).
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    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:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
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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
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\1\ Exported by Guangdong Stationery and produced by Three Star.
\2\ Exported by Guangdong Stationery and produced by all other
  producers.

    This notice also serves as the only reminder to parties subject to

[[Page 41432]]

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]
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