Notice of Continuation of Antidumping Duty Order on Certain Cased Pencils from the People's Republic of China, 75450 [E5-7560]
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Federal Register / Vol. 70, No. 243 / Tuesday, December 20, 2005 / Notices
duty order 90 days after the date on
which the preliminary results are
issued. Section 351.214(i)(2) of the
Department’s regulations state, however,
that if the Department determines that a
new shipper review is extraordinarily
complicated, the Department may
extend the 90-day period to 150 days.
The Department finds that the
complicated nature of this review
necessitates an extension of time
beyond the 90-day period to complete
the final results.
On October 17, 2005, the Department
granted the Coalition for the
Preservation of American Brake Drum
and Rotor Aftermarket Manufacturers
(‘‘Petitioner’’) an extension of time to
file publicly available information to
value certain factors of production in
the final results of the review. In
addition, on October 25, 2005, the
Department granted respondents
Laizhou Wally Automobile Co., Ltd.
(‘‘Wally’’) and Dixion Brake System
(Longkou) Ltd. an extension of time to
file their case briefs and rebuttal briefs.
As a result of these extensions, the
Department requires additional time to
analyze the complex issues contained in
the parties’ comments and briefs,
including the Petitioner’s argument
regarding the bona fide nature of
Wally’s sales.
Therefore, for the reasons cited above,
we are extending the time limit for the
completion of the final results of this
review by 30 days, until no later than
January 18, 2006. This notice is
published in accordance with section
751(a)(2)(B)(iv) of the Act and section
351.214(i)(2) of the Department’s
regulations.
Dated: December 13, 2005.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import
Administration.
[FR Doc. E5–7563 Filed 12–19–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–827
Notice of Continuation of Antidumping
Duty Order on Certain Cased Pencils
from the People’s Republic of China
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: December 20, 2005.
FOR FURTHER INFORMATION CONTACT:
Maureen Flannery at (202) 482–3020 or
Paul Stolz at (202) 482–4474, AD/CVD
AGENCY:
VerDate Aug<31>2005
19:23 Dec 19, 2005
Jkt 208001
Operations, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC, 20230.
SUMMARY: The U.S. Department of
Commerce (Department), pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (the Act), has determined
that revocation of the antidumping duty
order on certain cased pencils (pencils)
from the People’s Republic of China
(PRC) would likely lead to continuation
or recurrence of dumping. On December
6, 2005, the International Trade
Commission (ITC), pursuant to section
751(c) of the Act, determined that
revocation of the antidumping duty
order on pencils from the PRC would
likely lead to continuation or recurrence
of material injury to an industry in the
United States within a reasonably
foreseeable time. Therefore, pursuant to
19 CFR 351.218(f)(4), the Department is
publishing notice of the continuation of
the antidumping duty order on pencils
from the PRC.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2005, the Department
initiated, and the ITC instituted, a
sunset review of the antidumping duty
order on pencils from the PRC, pursuant
to section 751(c) of the Act. See
Initiation of Five–Year (Sunset) Reviews,
70 FR 38101 (July 1, 2005) and Cased
Pencils from China, 70 FR 38192 (July
1, 2005). As a result of its review, the
Department found that revocation of the
antidumping duty order would likely
lead to continuation or recurrence of
dumping and notified the ITC of the
magnitude of the margins likely to
prevail were the order revoked. See
Certain Cased Pencils from the People’s
Republic of China (PRC); Notice of Final
Results of Expedited Sunset Review of
Antidumping Duty Order, 70 FR 67427
(November 7, 2005). On November 15,
2005, the ITC determined, pursuant to
section 751(c) of the Act, that revocation
of the antidumping duty order on
pencils would likely lead to
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time. See Cased Pencils from China, 70
FR 72652 (December 6, 2005).
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, our written description of the
scope of the order is dispositive.
Determination
As a result of the determinations by
the Department and the ITC that
revocation of this antidumping duty
order would be likely to lead to
continuation or recurrence of dumping
and material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act, the Department
hereby orders the continuation of the
antidumping duty order on pencils from
the PRC. U.S. Customs and Border
Protection will continue to collect
antidumping duty deposits at the rates
in effect at the time of entry for all
imports of subject merchandise. The
effective date of continuation of this
order is the date of publication in the
Federal Register of this Notice of
Continuation. Pursuant to sections
751(c)(2) and 751(c)(6) of the Act, the
Department intends to initiate the next
five–year review of this order not later
than November 2010.
Scope of the Order
Imports covered by this order are
shipments of certain cased pencils of
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
We are issuing and publishing the
results and notice in accordance with
sections 751(c) and 777(i)(1) of the Act.
Dated: December 13, 2005.
Stephen J. Claeys,
Acting Assistant Secretaryfor Import
Administration.
[FR Doc. E5–7560 Filed 12–19–05; 8:45 am]
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[Federal Register Volume 70, Number 243 (Tuesday, December 20, 2005)]
[Notices]
[Page 75450]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-7560]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-570-827
Notice of Continuation of Antidumping Duty Order on Certain Cased
Pencils from the People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: December 20, 2005.
FOR FURTHER INFORMATION CONTACT: Maureen Flannery at (202) 482-3020 or
Paul Stolz at (202) 482-4474, AD/CVD Operations, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC, 20230.
SUMMARY: The U.S. Department of Commerce (Department), pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act), has
determined that revocation of the antidumping duty order on certain
cased pencils (pencils) from the People's Republic of China (PRC) would
likely lead to continuation or recurrence of dumping. On December 6,
2005, the International Trade Commission (ITC), pursuant to section
751(c) of the Act, determined that revocation of the antidumping duty
order on pencils from the PRC would likely lead to continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time. Therefore, pursuant to 19 CFR
351.218(f)(4), the Department is publishing notice of the continuation
of the antidumping duty order on pencils from the PRC.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2005, the Department initiated, and the ITC instituted,
a sunset review of the antidumping duty order on pencils from the PRC,
pursuant to section 751(c) of the Act. See Initiation of Five-Year
(Sunset) Reviews, 70 FR 38101 (July 1, 2005) and Cased Pencils from
China, 70 FR 38192 (July 1, 2005). As a result of its review, the
Department found that revocation of the antidumping duty order would
likely lead to continuation or recurrence of dumping and notified the
ITC of the magnitude of the margins likely to prevail were the order
revoked. See Certain Cased Pencils from the People's Republic of China
(PRC); Notice of Final Results of Expedited Sunset Review of
Antidumping Duty Order, 70 FR 67427 (November 7, 2005). On November 15,
2005, the ITC determined, pursuant to section 751(c) of the Act, that
revocation of the antidumping duty order on pencils would likely lead
to continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time. See Cased Pencils
from China, 70 FR 72652 (December 6, 2005).
Scope of the Order
Imports covered by this order are shipments of certain cased
pencils of 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 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, our written description of the scope of the order is
dispositive.
Determination
As a result of the determinations by the Department and the ITC
that revocation of this antidumping duty order would be likely to lead
to continuation or recurrence of dumping and material injury to an
industry in the United States, pursuant to section 751(d)(2) of the
Act, the Department hereby orders the continuation of the antidumping
duty order on pencils from the PRC. U.S. Customs and Border Protection
will continue to collect antidumping duty deposits at the rates in
effect at the time of entry for all imports of subject merchandise. The
effective date of continuation of this order is the date of publication
in the Federal Register of this Notice of Continuation. Pursuant to
sections 751(c)(2) and 751(c)(6) of the Act, the Department intends to
initiate the next five-year review of this order not later than
November 2010.
We are issuing and publishing the results and notice in accordance
with sections 751(c) and 777(i)(1) of the Act.
Dated: December 13, 2005.
Stephen J. Claeys,
Acting Assistant Secretaryfor Import Administration.
[FR Doc. E5-7560 Filed 12-19-05; 8:45 am]
BILLING CODE 3510-DS-S
