Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Notices 67427 

rate published for the most recent final 

results in which that manufacturer or 

exporter participated; (3) if the exporter 

is not a firm covered in this review, a 

prior review, or the original LTFV 

investigation, but the manufacturer is, 

the cash deposit rate will be the rate 

established for the most recent final 

results for the manufacturer of the 

merchandise; and (4) if neither the 

exporter nor the manufacturer is a firm 

covered in this or any previous review 

conducted by the Department, the cash 

deposit rate will be 20.11 percent, the 

‘‘All Others’’ rate established in the 

LTFV investigation. See Notice of Final 

Determination of Sales at Less than Fair 

Value: Carbon and Certain Alloy Steel 

Wire Rod From Mexico, 67 FR 55800 

(August 30, 2002). 

These cash deposit requirements, 

when imposed, shall remain in effect 

until publication of the final results of 

the next administrative review. 

Notification to Importers 

This notice serves as a preliminary 

reminder to importers of their 

responsibility under 19 CFR 351.402(f) 

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 administrative review is issued 

and published in accordance with 

sections 751(a)(1) and 777(i)(1) of the 

Act. 

Dated: October 31, 2005. 

Joseph A. Spetrini, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. 05–22147 Filed 11–4–05; 8:45 am] 

BILLING CODE 3510–DS–S 

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, 14th 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 

67428 Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Notices 

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: 

Manufacturers/Exporters/Producers 

Weighted–

Average 

Margin 

(percent) 

China First Pencil Co., Ltd./ 

Three Star Stationery Industry 

Co.1 ......................................... 8.60 

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

Shanghai Foreign Trade Corp. ... 11.15 

Guangdong Provincial Stationery 

& Sporting Goods Import & 

Export Corp.2 .......................... 53.65 

PRC–Wide Rate ......................... 53.65 

1The 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). 

2The 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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

(A–580–836) 

Certain Cut–to-Length Carbon–Quality 

Steel Plate Products From the 

Republic of Korea: Preliminary Results 

and Rescission in Part of Antidumping 

Duty Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department ofCommerce. 

SUMMARY: In response to requests by a 

producer/exporter of the subject 

merchandise and a domestic interested 

party, the Department of Commerce (the 

Department) is conducting an 

administrative review of the 

antidumping duty order on certain cut–

to-length carbon–quality steel plate 

products (steel plate) from the Republic 

of Korea (Korea). This review covers one 

producer/exporter of the subject 

merchandise. The period of review 

(POR) is February 1, 2004, through 

January 31, 2005. 

The Department has preliminarily 

determined that the company subject to 

this review made U.S. sales at prices 

less than normal value (NV). If these 

preliminary results are adopted in our 

final results of administrative review, 

we will instruct U.S. Customs and 

Border Protection (CBP) to assess 

antidumping duties on all appropriate 

entries. Interested parties are invited to 

comment on these preliminary results of 

review. We will issue the final results of 

review no later than 120 days from the 

publication date of this notice. 

EFFECTIVE DATE: November 7, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Magd Zalok or Malcolm Burke, AD/CVD 

Operations, Office 4, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230, 

telephone: (202) 482–4162 or (202) 482–

3584, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 1, 2005, the Department 

published in the Federal Register a 

notice of ‘‘Opportunity to Request 

Administrative Review’’ of the 

antidumping duty order on steel plate 

from Korea. See Antidumping or 

Countervailing Duty Order, Finding, or 

Suspended Investigation; Opportunity 

To Request Administrative Review, 70 

FR 5136 (February 1, 2005). In 

accordance with 19 CFR § 351.213(b)(2), 

during February 2005, Dongkuk Steel 

Mill Co., Ltd. (DSM), a producer/ 

exporter, requested that the Department 

conduct an administrative review of its 

sales and entries of subject merchandise 

into the United Stated during the POR. 

Additionally, in accordance with 19 

CFR § 351.213(b)(1), on February 28, 

2005, a domestic interested party, Nucor 

Corporation (Nucor), requested that the 

Department conduct a review of DSM; 

Korea Iron & Steel Co., Ltd. (KISCO); 

and Union Steel Manufacturing Co. 

(USMC). On March 23, 2005, the 

Department initiated an administrative 

review of DSM, KISCO, and USMC. See 

Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews and Requests for Revocation in 

Part, 70 FR 14643 (March 23, 2005). 

On March 9, 2005, the Department 

issued its antidumping questionnaire to 

DSM, KISCO, and USMC. On April 15, 

2005, USMC informed the Department 

that it had no sales or shipments of the 

subject merchandise during the POR. 

On May 3, 2005, KISCO informed the 

Department that it had no sales or 

shipments of the subject merchandise 

during the POR. In April and May 2005, 

DSM responded to the Department’s 

antidumping questionnaire. 

Subsequently, the Department issued 

supplemental questionnaires to DSM.