[Federal Register Volume 70, Number 214 (Monday, November 7, 2005)]
[Notices]
[Pages 67427-67428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22138]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-827


Certain Cased Pencils from the People's Republic of China; Notice 
of Final Results of Expedited Sunset Review of Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: November 7, 2005.

FOR FURTHER INFORMATION CONTACT: Maureen Flannery at (202) 482-3020, 
AD/CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14\th\ Street and 
Constitution Avenue, NW, Washington, DC 20230.
SUMMARY: On July 1, 2005, the Department of Commerce (the Department) 
initiated a sunset review of the antidumping duty order on Certain 
Cased Pencils from the People's Republic of China (PRC). On the basis 
of a Notice of Intent to Participate, and an adequate substantive 
response filed on behalf of domestic interested parties, as well as a 
lack of response from respondent interested parties, the Department 
conducted an expedited (120-day) sunset review. As a result of the 
sunset review, the Department finds that revocation of the antidumping 
duty order would be likely to lead to continuation or recurrence of 
dumping. The dumping margins are identified in the Final Results of 
Review section of this notice.

SUPPLEMENTARY INFORMATION:

Background:

    On July 1, 2005, the Department published the notice of initiation 
of the sunset review of the antidumping duty order on Certain Cased 
Pencils from the PRC pursuant to section 751(c) of the Tariff Act of 
1930, as amended (the Act). See Initiation of Five-year (Sunset) 
Reviews, 70 FR 38101 (July 1, 2005) (Initiation Notice). On July 14, 
2005, the Department received a Notice of Intent to Participate from 
domestic interested parties, Sanford Corp.; General Pencil Co., Inc.; 
Rose Moon Inc.; Tennessee Pencil Co.; and Musgrave Pencil Co., within 
the deadline specified in section 315.218(d)(1)(i) of the Department's 
regulations. Sanford Corp.; General Pencil Co.; Inc.; Rose Moon Inc.; 
Tennessee Pencil Co.; and Musgrave Pencil Co. claimed interested party 
status under section 771(9)(C) of the Act, as manufacturers of cased 
pencils in the United States. On August 1, 2005, the Department 
received a complete substantive response from domestic interested 
parties within the deadline specified in section 351.218(d)(3)(i) of 
the Department's regulations. We did not receive responses from any 
respondent interested parties to this proceeding. As a result, pursuant 
to section 751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(C)(2) 
of the Department's regulations, the Department determined to conduct 
an expedited review of the order.

Scope of the Order:

    Imports covered by this order are shipments of 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 the order are classified under subheading 9609.10.00 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Specifically 
excluded from the scope of the 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. Although 
the HTSUS subheading is provided for convenience and customs purposes, 
the written description of the scope of the order is dispositive.
    On June 3, 2005, the Department determined that certain Fiskars 
Brands, Inc.'s compasses are not included in the scope of the order. 
See Notice of Scope Rulings, 70 FR 55110 (September 29, 2005). The 
Department determined on February 18, 2005, that Rich Frog Industries 
Inc.'s certain decorated wooden gift pencils are within the scope of 
the order, and on March 5, 2005, in response to Target Corporation, 
that RoseArt Clip 'N Color is excluded from the scope of the order. See 
Notice of Scope Rulings, 70 FR 41347 (July 19, 2005). In response to a 
request by Barthco Trade Consultants, on May 22, 2003, the Department 
determined that twist crayons were outside the scope of the order. On 
September 29, 2004, in response to Target Corporation, the Department 
determined that the ``Hello Kitty Fashion Totes'' were outside the 
scope of the order. On September 29, 2004, in response to Target 
Corporation, the Department determined that ``Hello Kitty Memory 
Maker'' was outside the scope of the order and that ``Crayola the 
Wave'' was outside the scope of the order. See Notice of Scope Rulings, 
70 FR 24533 (May 10, 2005). On February 9, 1998, in response to 
Creative Designs International, Ltd., the Department determined that 
``Naturally Pretty,'' a young girl's 10 piece dress-up vanity set, 
including two 3-inch pencils, was

[[Page 67428]]

outside the scope of the order. See Notice of Scope Rulings, 63 FR 
29700 (June 1, 1998). On September 15, 1997, the Department determined 
in response to Nadel Trading Corporation that a plastic ``quasi-
mechanical'' pencil known as the Bensia pencil was outside the scope of 
the order. See Notice of Scope Rulings, 62 FR 62288 (November 21, 
1997).

Analysis of Comments Received:

    All issues raised in these reviews are addressed in the ``Issues 
and Decision Memorandum'' (Decision Memorandum) from Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration, to Joseph A. 
Spetrini, Acting Assistant Secretary for Import Administration, dated 
October 31, 2005, which is hereby adopted by this notice. The issues 
discussed in the Decision Memorandum include the likelihood of 
continuation or recurrence of dumping and the magnitude of the margins 
likely to prevail if the order were 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 room B-099 of the main Commerce building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Web at http://ia.ita.doc.gov. The paper copy 
and electronic version of the Decision Memorandum are identical in 
content.

Final Results of Review:

    We determine that revocation of the antidumping duty orders on 
cased pencils from the PRC would be likely to lead to continuation or 
recurrence of dumping at the following weighted-average percentage 
margins:

------------------------------------------------------------------------
                                                            Weighted-
           Manufacturers/Exporters/Producers              Average Margin
                                                            (percent)
------------------------------------------------------------------------
China First Pencil Co., Ltd./Three Star Stationery                8.60
 Industry Co.\1\.......................................
Shanghai Lansheng Corp.................................          19.36
Shanghai Foreign Trade Corp............................          11.15
Guangdong Provincial Stationery & Sporting Goods Import          53.65
 & Export Corp.\2\.....................................
PRC-Wide Rate..........................................          53.65
------------------------------------------------------------------------
\1\ The Department determined that China First Pencil Co. Ltd. and Three
  Star Stationery Industry Co. (Three Star) should be treated as a
  single entity in the December 1, 1999 through November 30, 2000
  review. See Certain Cased Pencils from the People's Republic of China;
  Final Results and Partial Rescission of Antidumping Duty
  Administrative Review, 67 FR 48612 (July 25, 2002) (1999-2000 Final
  Results) and amended final results at 67 FR 59049 (September 19,
  2002).
\2\ The Department originally excluded from the order exports made by
  Guangdong Provincial Stationery & Sporting Goods Import & Export Corp.
  (Guangdong) and produced by Three Star. However, the Department
  determined in the 1999-2000 review that the Guangdong/Three Star sales
  chain was no longer excluded from the order, and that all merchandise
  exported by Guangdong was subject to the cash deposit requirements at
  the PRC-wide rate. See 1999-2000 Final Results.

    This notice also serves as the only reminder to parties subject to 
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 the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: October 31, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-22138 Filed 11-4-05; 8:45 am]
BILLING CODE 3510-DS-S