Certain Cased Pencils from the People's Republic of China; Notice of Final Results of Expedited Sunset Review of Antidumping Duty Order, 67427-67428 [05-22138]
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Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Notices
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
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
AGENCY:
VerDate Aug<31>2005
16:38 Nov 04, 2005
Jkt 208001
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/
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
67427
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
E:\FR\FM\07NON1.SGM
07NON1
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).
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.
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 https://
ia.ita.doc.gov. The paper copy and
electronic version of the Decision
Memorandum are identical in content.
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.
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:
International Trade Administration
Weighted–
Average
Margin
(percent)
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
(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
Import Administration,
International Trade Administration,
Department ofCommerce.
SUMMARY: In response to requests by a
China First Pencil Co., Ltd./
producer/exporter of the subject
Three Star Stationery Industry
Co.1 .........................................
8.60 merchandise and a domestic interested
Shanghai Lansheng Corp. ..........
19.36 party, the Department of Commerce (the
Shanghai Foreign Trade Corp. ...
11.15 Department) is conducting an
Guangdong Provincial Stationery
administrative review of the
& Sporting Goods Import &
antidumping duty order on certain cut–
Export Corp.2 ..........................
53.65 to-length carbon–quality steel plate
PRC–Wide Rate .........................
53.65
products (steel plate) from the Republic
1 The Department determined that China
of Korea (Korea). This review covers one
First Pencil Co. Ltd. and Three Star Stationery producer/exporter of the subject
Industry Co. (Three Star) should be treated as
a single entity in the December 1, 1999 merchandise. The period of review
through November 30, 2000 review. See Cer- (POR) is February 1, 2004, through
tain Cased Pencils from the People’s Republic January 31, 2005.
of China; Final Results and Partial Rescission
The Department has preliminarily
of Antidumping Duty Administrative Review,
67 FR 48612 (July 25, 2002) (1999-2000 Final determined that the company subject to
Results) and amended final results at 67 FR this review made U.S. sales at prices
59049 (September 19, 2002).
less than normal value (NV). If these
Manufacturers/Exporters/Producers
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16:38 Nov 04, 2005
Jkt 208001
AGENCY:
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
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.
E:\FR\FM\07NON1.SGM
07NON1
]]>Agencies
[Federal Register Volume 70, Number 214 (Monday, November 7, 2005)]
[Notices]
[Pages 67427-67428]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22138]
-----------------------------------------------------------------------
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 https://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
