Notice of Initiation of Antidumping Duty Changed Circumstances Review: Certain Cased Pencils from the People's Republic of China, 51336-51337 [E5-4728]
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Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Notices
Customs duty payments on the foreign
components used in export activity. On
its domestic sales, the company would
be able to choose the duty rate that
applies to finished products for the
foreign components noted above. The
application also indicates that the
company will derive savings from
deferral of duty on imported
components used in production of the
finished products, simplification and
expediting of the company’s import and
export procedures, and duty savings on
scrap/waste. Electro Motor’s application
indicates that the above–cited savings
from zone procedures could help
improve the company’s international
competitiveness.
In accordance with the Board’s
regulations, a member of the FTZ Staff
has been designated examiner to
investigate the application and report to
the Board.
Public comment is invited from
interested parties. Submissions (original
and 3 copies) shall be addressed to the
Board’s Executive Secretary at one of
the following addresses:
1. Submissions Via Express/Package
Delivery Services: Foreign- Trade–Zones
Board, U.S. Department of Commerce,
Franklin Court Building--Suite 4100W,
1099 14th St. NW., Washington, DC
20005; or
2. Submissions Via the U.S. Postal
Service: Foreign–Trade-Zones Board,
U.S. Department of Commerce, FCB-Suite 4100W, 1401 Constitution Ave.
NW., Washington, DC 20230.
The closing period for their receipt is
October 31, 2005. Rebuttal comments in
response to material submitted during
the foregoing period may be submitted
during the subsequent 15–day period to
November 14, 2005.
A copy of the application and
accompanying exhibits will be available
for public inspection at the Office of the
Foreign–Trade Zones Board’s Executive
Secretary at the first address listed
above, and at Tri–City Regional Airport,
Room 306, State Highway 75,
Blountville, TN 37617.
Dated: August 22, 2005.
Dennis Puccinelli,
Executive Secretary.
[FR Doc. 05–17230 Filed 8–29–05; 8:45 am]
Billing Code: 3510–DS–S
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DEPARTMENT OF COMMERCE
International Trade Administration
(A–570–827)
Notice of Initiation of Antidumping
Duty Changed Circumstances Review:
Certain Cased Pencils from the
People’s Republic of China
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In accordance with section
751(b) of the Tariff Act of 1930, as
amended (the Act), and section
351.216(b) of the Department of
Commerce’s (the Department)
regulations, M.A. Notch Corporation
(Notch) filed a request asking that the
Department exclude from the
antidumping duty (AD) order on certain
cased pencils from the People’s
Republic of China (PRC) a large novelty
pencil, which is described below.
Domestic interested parties who have
been active participants in recent
administrative reviews of this order1
have affirmatively expressed a lack of
interest in the continuation of the order
with respect to this product. In response
to the request, the Department is
initiating a changed circumstances
review of the AD order on certain cased
pencils from the PRC.
EFFECTIVE DATE: August 30, 2005.
FOR FURTHER INFORMATION CONTACT: Paul
Stolz or Charles Riggle, AD/CVD
Operations, Office 8, Import
Administration, International Trade
Administration, U.S.Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–4474 and (202)
482–0650, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 14, 2005, Notch, a U.S.
importer, filed a request asking the
Department to exclude a large novelty
pencil from the AD order on certain
cased pencils from the PRC. See Notch’s
letter to the Secretary, dated April 5,
2005 (Notch Request Letter).
Specifically, Notch requests that the
Department exclude from the AD order
imports of certain cased pencils meeting
1 Sanford Corporation, Musgrave Pencil
Company, Rose Moon, Inc., and General Pencil
Company (collectively, Sanford et al), domestic
manufacturers of cased pencils, have. See, e.g.,
Certain Cased Pencils from the People’s Republic of
China; Final Results and Partial Rescission of
Antidumping Duty Administrative Review, 70 FR
42301 (July 22, 2005) and Certain Cased Pencils
from the People’s Republic of China; Final Results
and Partial Rescission of Antidumping Duty
Administrative Review, 69 FR 29266 (May 21,
2004).
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the following description: novelty
jumbo pencil that is octagonal in shape,
approximately ten inches long, one inch
in diameter, and three–and-one eighth
inches in circumference, composed of
turned wood encasing one–and-one half
inches of sharpened lead on one end
and a rubber eraser on the other end.
See Notch Request Letter at 1.
On May 6, 2005, Sanford et al
submitted a letter to the Department
stating that they ‘‘ . . . do not object to
exclusion of items meeting the
description set forth in the quoted
description’’ (as stated above).
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.
Prior Changed Circumstance Rulings
The Department has published the
final results of the following changed
circumstances reviews to date:
(1) On November 4, 2003, the
Department published the final results
of a changed circumstances review that
excluded from the scope of the order
pencils with all of the following
physical characteristics: length: 1) 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
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Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Notices
the length of the pencil. See Notice of
Final Results of Antidumping Duty
Changed Circumstances Review, and
Determination to Revoke Order in Part:
Certain Cased Pencils from the People’s
Republic of China, 68 FR 62428
(November 4, 2003).
(2) On March 27, 2003, the
Department published the final results
of a changed circumstances review that
excluded from the scope of the order
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. See Notice of Final Results of
Antidumping Duty Changed
Circumstances Review, and
Determination to Revoke Order in Part:
Certain Cased Pencils from the People’s
Republic of China, 68 FR 14942 (March
27, 2003).
Initiation of Changed Circumstances
Review:
Pursuant to section 751(b)(1) of the
Act, the Department will conduct a
changed circumstances review upon
receipt of information concerning, or a
request from an interested party for a
review of, an AD duty order which
shows changed circumstances sufficient
to warrant a review of the order. On
April 14, 2005, Notch requested a ruling
from the Department in accordance with
19 CFR 351.216(b) to exclude the
novelty jumbo pencil described above
from the AD order. Therefore, pursuant
to section 751(b)(1) of the Act and 19
CFR 351.216(b), we are initiating a
changed circumstances administrative
review. Although Sanford et al
expressed a lack of interest in the order
with respect to the large novelty pencil
in question, they did not claim that they
represent substantially all of the
production of the domestic like product,
nor has the Department made such a
determination. Therefore, the
Department is not at this time
preliminarily revoking the AD order
with respect to the product in question
pursuant to 19 CFR 351.222(g)(I).
Interested parties are invited to
comment on this initiation, or to
demonstrate that the domestic
interested parties account for
substantially all of the production of the
domestic like product.
The Department will publish in the
Federal Register a notice of preliminary
results of changed circumstances
antidumping duty administrative review
in accordance with 19 CFR
351.221(b)(4) and 351.221(c)(3)(i),
which will set forth the Department’s
preliminary factual and legal
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conclusions. Pursuant to 19 CFR
351.221(b)(4)(ii), interested parties will
have an opportunity to comment on the
preliminary results. The Department
will issue its final results of review in
accordance with the time limits set forth
in 19 CFR 351.216(e).
This notice is published in
accordance with section 751(b)(1) of the
Act.
Dated: August 22, 2005.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–4728 Filed 8–29–05; 8:45 am]
BILLING CODE: 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(A–570–827)
Notice of Amended Final Results of
Antidumping Duty Administrative
Review: Certain Cased Pencils from
the People’s Republic of China
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
published the final results and partial
rescission of the administrative review
of the antidumping duty order on
certain cased pencils from the People’s
Republic of China covering the period of
review (POR) December 1, 2002,
through November 30, 2003, on July 22,
2005. See Certain Cased Pencils From
the People’s Republic of China; Final
Results and Partial Rescission of
Antidumping Duty Administrative
Review, 70 FR 42301 (July 22, 2005)
(Final Results). We are amending our
final results to correct ministerial errors
alleged by China First Pencil Co., Ltd./
Shanghai Three Star Stationery Industry
Corp. (CFP/Three Star) and Orient
International Holding Shanghai Foreign
Trade Co., Ltd. (SFTC) pursuant to
section 751(h) of the Tariff Act of 1930,
as amended (the Act).
EFFECTIVE DATE: August 30, 2005.
FOR FURTHER INFORMATION CONTACT: Paul
Stolz or Erin Begnal, AD/CVD
Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–4474 and (202)
482–1442, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of Order
Imports covered by this order are
shipments of certain cased pencils of
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51337
any shape or dimension (except as
noted 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 currently classifiable 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, our written description of the
scope of the order is dispositive.
Amended Final Results
In accordance with section 751(a) the
Act, on July 22, 2005, the Department
published its final results and partial
rescission of the administrative review
of certain cased pencils from the
People’s Republic of China. See Final
Results.
On July 20, 2005, CFP/Three Star and
SFTC submitted ministerial error
allegations with respect to the final
results of administrative review. No
other interested party submitted
ministerial error allegations. No party
submitted comments on the ministerial
error allegations submitted by CFP/
Three Star and SFTC. In accordance
with section 751(h) of the Act, we have
determined that certain ministerial
errors were made in the calculation of
the final margins for CFP/Three Star and
SFTC. See Memorandum from Charles
Riggle, Program Manager, AD/CVD
Operations, Office 8, to Wendy J.
Frankel, Director, AD/CVD Operations,
Office 8: Antidumping Duty
Administrative Review of Certain Cased
Pencils from the People’s Republic of
China, Re: Allegation of Ministerial
Errors (August 19, 2005). Pursuant to
section 751(h) of the Act, we have
corrected the errors and are amending
the final results of review accordingly.
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]]>Agencies
[Federal Register Volume 70, Number 167 (Tuesday, August 30, 2005)]
[Notices]
[Pages 51336-51337]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4728]
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DEPARTMENT OF COMMERCE
International Trade Administration
(A-570-827)
Notice of Initiation of Antidumping Duty Changed Circumstances
Review: Certain Cased Pencils from the People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In accordance with section 751(b) of the Tariff Act of 1930,
as amended (the Act), and section 351.216(b) of the Department of
Commerce's (the Department) regulations, M.A. Notch Corporation (Notch)
filed a request asking that the Department exclude from the antidumping
duty (AD) order on certain cased pencils from the People's Republic of
China (PRC) a large novelty pencil, which is described below. Domestic
interested parties who have been active participants in recent
administrative reviews of this order\1\ have affirmatively expressed a
lack of interest in the continuation of the order with respect to this
product. In response to the request, the Department is initiating a
changed circumstances review of the AD order on certain cased pencils
from the PRC.
---------------------------------------------------------------------------
\1\ Sanford Corporation, Musgrave Pencil Company, Rose Moon,
Inc., and General Pencil Company (collectively, Sanford et al),
domestic manufacturers of cased pencils, have. See, e.g., Certain
Cased Pencils from the People's Republic of China; Final Results and
Partial Rescission of Antidumping Duty Administrative Review, 70 FR
42301 (July 22, 2005) and Certain Cased Pencils from the People's
Republic of China; Final Results and Partial Rescission of
Antidumping Duty Administrative Review, 69 FR 29266 (May 21, 2004).
---------------------------------------------------------------------------
EFFECTIVE DATE: August 30, 2005.
FOR FURTHER INFORMATION CONTACT: Paul Stolz or Charles Riggle, AD/CVD
Operations, Office 8, Import Administration, International Trade
Administration, U.S.Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4474 and (202) 482-0650, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 14, 2005, Notch, a U.S. importer, filed a request asking
the Department to exclude a large novelty pencil from the AD order on
certain cased pencils from the PRC. See Notch's letter to the
Secretary, dated April 5, 2005 (Notch Request Letter). Specifically,
Notch requests that the Department exclude from the AD order imports of
certain cased pencils meeting the following description: novelty jumbo
pencil that is octagonal in shape, approximately ten inches long, one
inch in diameter, and three-and-one eighth inches in circumference,
composed of turned wood encasing one-and-one half inches of sharpened
lead on one end and a rubber eraser on the other end. See Notch Request
Letter at 1.
On May 6, 2005, Sanford et al submitted a letter to the Department
stating that they `` . . . do not object to exclusion of items meeting
the description set forth in the quoted description'' (as stated
above).
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.
Prior Changed Circumstance Rulings
The Department has published the final results of the following
changed circumstances reviews to date:
(1) On November 4, 2003, the Department published the final results
of a changed circumstances review that excluded from the scope of the
order pencils with all of the following physical characteristics:
length: 1) 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
[[Page 51337]]
the length of the pencil. See Notice of Final Results of Antidumping
Duty Changed Circumstances Review, and Determination to Revoke Order in
Part: Certain Cased Pencils from the People's Republic of China, 68 FR
62428 (November 4, 2003).
(2) On March 27, 2003, the Department published the final results
of a changed circumstances review that excluded from the scope of the
order 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. See Notice of Final Results of
Antidumping Duty Changed Circumstances Review, and Determination to
Revoke Order in Part: Certain Cased Pencils from the People's Republic
of China, 68 FR 14942 (March 27, 2003).
Initiation of Changed Circumstances Review:
Pursuant to section 751(b)(1) of the Act, the Department will
conduct a changed circumstances review upon receipt of information
concerning, or a request from an interested party for a review of, an
AD duty order which shows changed circumstances sufficient to warrant a
review of the order. On April 14, 2005, Notch requested a ruling from
the Department in accordance with 19 CFR 351.216(b) to exclude the
novelty jumbo pencil described above from the AD order. Therefore,
pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(b), we are
initiating a changed circumstances administrative review. Although
Sanford et al expressed a lack of interest in the order with respect to
the large novelty pencil in question, they did not claim that they
represent substantially all of the production of the domestic like
product, nor has the Department made such a determination. Therefore,
the Department is not at this time preliminarily revoking the AD order
with respect to the product in question pursuant to 19 CFR
351.222(g)(I). Interested parties are invited to comment on this
initiation, or to demonstrate that the domestic interested parties
account for substantially all of the production of the domestic like
product.
The Department will publish in the Federal Register a notice of
preliminary results of changed circumstances antidumping duty
administrative review in accordance with 19 CFR 351.221(b)(4) and
351.221(c)(3)(i), which will set forth the Department's preliminary
factual and legal conclusions. Pursuant to 19 CFR 351.221(b)(4)(ii),
interested parties will have an opportunity to comment on the
preliminary results. The Department will issue its final results of
review in accordance with the time limits set forth in 19 CFR
351.216(e).
This notice is published in accordance with section 751(b)(1) of
the Act.
Dated: August 22, 2005.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-4728 Filed 8-29-05; 8:45 am]
BILLING CODE: 3510-DS-S
