Certain Cased Pencils from the People's Republic of China; Final Results and Partial Rescission of Antidumping Duty Administrative Review, 38366-38368 [E6-10568]
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38366
Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Notices
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
Sixth, that, after notice and
opportunity for comment as provided in
Section 766.23 of the Regulations, any
person, firm, corporation, or business
organization related to UTI by
affiliation, ownership, control, or
position of responsibility in the conduct
of trade or related services may also be
made subject to the provisions of the
Order.
Seventh, that this Order does not
prohibit any export, reexport, or other
transaction subject to the Regulations
where the only items involved that are
subject to the Regulations are the
foreign-produced direct product of U.S.origin technology.
Eight, that the proposed charging
letter, the Settlement Agreement, and
this Order shall be made available to the
public.
Ninth, that this Order shall be served
on the Denied Person, and shall be
published in the Federal Register.
This Order, which constitutes the
final agency action in this matter, is
effective immediately.
Entered this 23rd day of June 2006.
Darryl Jackson,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 06–6000 Filed 7–5–06; 8:45 am]
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BILLING CODE 3510–DT–M
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–827]
Certain Cased Pencils from the
People’s Republic of China; Final
Results and Partial Rescission of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 28, 2005, the
Department of Commerce (the
Department) published in the Federal
Register the preliminary results and
intent to rescind in part the 2003–2004
administrative review of the
antidumping duty order on certain
cased pencils (pencils) from the
People’s Republic of China (PRC). See
Certain Cased Pencils from the People’s
Republic of China; Preliminary Results
of Antidumping Duty Administrative
Review and Intent to Rescind in Part, 70
FR 76755 (December 28, 2005)
(‘‘Preliminary Results’’). The period of
review (POR) is December 1, 2003,
through November 30, 2004. We have
now completed the 2003–2004
administrative review of the order.
Based on comments received, we have
made changes in the dumping margin
calculations. Therefore, the final results
differ from the preliminary results. For
details regarding these changes, see the
section of this notice entitled ‘‘Changes
Since the Preliminary Results.’’ The
final results are listed below in the
‘‘Final Results of Review’’ section.
EFFECTIVE DATE: July 6, 2006.
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.
AGENCY:
Background
On December 28, 2005, the
Department published the preliminary
results of this review. See Preliminary
Results. The POR is December 1, 2003,
through November 30, 2004. On January
20, 2006, we extended the deadline for
submission of case briefs and rebuttal
briefs to February 24, 2006, and March
1, 2006, respectively. We also extended
the deadline for submission of surrogate
value information until February 14,
2006. On February 14, 2006, Sanford LP,
Rose Moon, Inc., General Pencil
Company, Inc., and Musgrave Pencil
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Company (the domestic interested
parties) submitted surrogate value
information.1 On February 24, 2006, we
received case briefs from respondents
China First Pencil Co., Ltd. (CFP)/Three
Star Stationery Industry Corp. (Three
Star)(CFP/Three Star),2 Orient
International Holding Shanghai Foreign
Trade Co., Ltd. (SFTC), and Shandong
Rongxin Import & Export Co. Ltd.
(Rongxin), and from the domestic
interested parties. We received rebuttal
briefs from CFP/Three Star, SFTC,
Rongxin, and the domestic interested
parties on March 1, 2006.
On April 27, 2006, in accordance with
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act), the
Department extended the time limit for
the final results of this review until June
26, 2006. See Certain Cased Pencils
from the People’s Republic of China:
Extension of Time Limit for Final
Results of Antidumping Duty
Administrative Review, 71 FR 24839
(April 27, 2006).
Due to the unexpected emergency
closure of the main Commerce building
on Monday, June 26, 2006, the
Department is issuing these final results
on June 27, 2006, the next business day.
See Notice of Clarification: Application
of ‘‘Next Business Day’’ Rule for
Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As
Amended, 70 FR 24533 (May 10, 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
1 Domestic interested parties submitted a revised
translation of certain documents included in this
submission on February 16, 2006.
2 The Department initiated separate reviews of
China First Pencil Company, Ltd. (CFP) and
Shanghai Three Star Stationery Industry Corp.
(Three Star) based on timely requests from
interested parties. In the final results of the 20012002 administrative review the Department
collapsed CFP and Three Star for purposes of its
antidumping analysis. See 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), and the accompanying Issues and Decision
Memorandum at Comment 6. The Department
continued to collapse CFP and Three Star in the
final results of the 2002-2003 administrative review.
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) (Pencils 02/03),
and the accompanying Issues and Decision
Memorandum at Comment 1. For this review, the
Department continues to consider CFP and Three
Star (hereinafter referred to as CFP/Three Star) to
be a single entity.
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Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Notices
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.
In addition, pencils with all of the
following physical characteristics are
excluded from the scope of the order:
novelty jumbo pencils that are octagonal
in shape, approximately ten inches long,
one inch in diameter before sharpening,
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.
Although the HTSUS subheading is
provided for convenience and customs
purposes, our written description of the
scope of the order is dispositive.
jlentini on PROD1PC65 with NOTICES
Partial Rescission
The Department is rescinding this
review with respect to Tianjin Custom
Wood Processing Co., Ltd. (TCW)
because TCW reported it did not export
subject merchandise to the United
States during the POR. See the
Preliminary Results, 70 FR at 76756; see
also TCW’s February 22, 2005, response
to the Department’s questionnaire. We
reviewed U.S. Customs and Border
Protection (CBP) data and found no
evidence that TCW made shipments of
subject merchandise to the United
States during the POR. Moreover, there
is no evidence on the record of this
segment of the proceeding indicating
that TCW exported subject merchandise
during the POR. Therefore, we are
rescinding this review with respect to
TCW.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the ‘‘Issues and Decision Memorandum’’
(Decision Memorandum) from Stephen
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J. Claeys, Deputy Assistant Secretary for
Import Administration, to David M.
Spooner, Assistant Secretary for Import
Administration, dated June 26, 2006,
which is hereby adopted by this notice.
A list of the issues which parties have
raised and to which we have responded,
all of which are in the Decision
Memorandum, is attached to this notice
as an Appendix. 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 the
Central Records Unit, room B–099 of the
main Department of Commerce
building. In addition, a complete
version of the Decision Memorandum
can be accessed directly on Import
Administration’s Web site at https://
.ia.ita.doc.gov/frn. The paper copy and
the electronic version of the Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we have made
changes in the margin calculations for
CFP/Three Star, SFTC and Rongxin. The
specific calculation changes can be
found in the company–specific
calculation memoranda dated June 26,
2006. These changes are listed below.
As discussed fully in the Decision
Memorandum, the Department
corrected the calculation of the
surrogate value for pencil slats to
account for wood lost when pencil slats
are produced from lumber for use in
pencil production for CFP/Three Star,
SFTC, and Rongxin. In addition, we
corrected the calculation of Rongxin’s
slat surrogate value with respect to the
percentage of wood lost when pencils
are made from slats. Furthermore, using
updated contemporaneous data
obtained after publication of the
Preliminary Results, we re–calculated
the slat surrogate value used for
producers that produced slats from
timber.3 Finally, we corrected a
ministerial error made in CFP/Three
Star’s preliminary margin calculation
program with respect to the calculation
of the value of coal included in the
normal value.
Final Results of Review
We determine that the following
weighted–average, ad valorem,
percentage margins exist for the period
December 1, 2003, through November
30, 2004:
3 We stated in the Preliminary Results that we
would attempt to obtain timber prices
contemporaneous with the POR for use in the final
results. See the Preliminary Results, 70 FR at 76759.
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Exporter/Manufacturer
CFP/Three Star/First/
Great Wall/Fang
Zheng ........................
SFTC ............................
Rongxin .........................
PRC Wide–Rate ...........
38367
Margin (percent)
26.62
25.70
12.37
114.90
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of this notice of final results
of administrative review for all
shipments of pencils from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication, as provided by section
751(a)(1) of the Act: (1) the cash deposit
rates for the reviewed companies will be
the rates shown above; (2) for previously
reviewed or investigated companies not
listed above, that have separate rates,
the cash deposit rate will continue to be
the company–specific rate published for
the most recent period; (3) the cash
deposit rate for all other PRC exporters
will be 114.90 percent; and 4) the cash
deposit rate for non–PRC exporters will
be the rate applicable to the PRC
exporter that supplied that exporter.
These deposit requirements shall
remain in effect until publication of the
final results of the next administrative
review.
Assessment
The Department will determine, and
CBP will assess, antidumping duties on
all appropriate entries of subject
merchandise in accordance with these
final results of review. We have
calculated customer–specific
antidumping duty assessment amounts
for subject merchandise based on the
ratio of the total amount of antidumping
duties calculated for the examined sales
to the total quantity of sales examined.
We calculated these assessment
amounts because there is no information
on the record which identifies entered
values or the importers of record. The
Department will issue appropriate
assessment instructions directly to CBP
within 15 days of publication of these
final results of review.
Reimbursement of Duties
This notice also serves as a final
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
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Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Notices
subsequent assessment of doubled
antidumping duties.
DEPARTMENT OF COMMERCE
International Trade Administration
Administrative Protective Orders
This notice also serves as the only
reminder to parties subject to
administrative protective orders (APOs)
of their responsibility concerning the
return or destruction of proprietary
information disclosed under an APO in
accordance with 19 CFR 351.305.
Timely written notification of the
return/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 this
determination and notice in accordance
with sections 751(a)(1) and 771(i) of the
Act.
Dated: June 27, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
Appendix Issues in Decision
Memorandum
Comments
jlentini on PROD1PC65 with NOTICES
Comment 1: Whether the Department
properly valued pencil cores.
Comment 2: Whether the Department
should use one or more respondents’
market–economy purchase prices of
cores, erasers and lacquer to value these
factors for respondents that did not
purchase these items from a market–
economy supplier.
Comment 3: Whether the Department
excluded small quantity/high value
import transactions from its calculation
of surrogate values.
Comment 4: Whether the Department
used the wrong HTS category to
calculate a surrogate value for Rongxin’s
kaolin clay.
Comment 5: Whether the Department
should continue to apply partial adverse
facts available to SFTC.
Comment 6: Whether the surrogate
value for labor is correct.
Comment 7: Whether to continue to
treat CFP and Three Star as a single
entity.
Comment 8: Whether the Department
properly accounted for wood loss in its
calculation of a surrogate value for slats.
Comment 9: Whether the Department
used the correct lumber dimensions to
calculate a surrogate value for slats.
Comment 10: Whether to continue to
apply total adverse facts available to
Guangdong Stationery & Sporting Goods
Import & Export Corp.
[FR Doc. E6–10568 Filed 7–5–06; 8:45 am]
BILLING CODE 3510–DS–S
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[A–570–893]
Certain Frozen Warmwater Shrimp
from the People’s Republic of China:
Preliminary Results of the
Antidumping Duty New Shipper
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is currently
conducting a new shipper review of the
antidumping duty order on certain
frozen warmwater shrimp from the
People’s Republic of China (‘‘PRC’’)
covering the period July 16, 2004,
through July 31, 2005. The Department
preliminarily determines that sales have
not been made below normal value
(‘‘NV’’) with respect to Zhanjiang Regal
Integrated Marine Resources Co., Ltd.
(‘‘Zhanjiang Regal’’), which participated
fully and is entitled to a separate rate in
this review. If these preliminary results
are adopted in its final results of this
review, the Department will instruct
U.S. Customs and Border Protection
(‘‘CBP’’) to assess antidumping duties
on entries of subject merchandise
during the period of review (‘‘POR’’) for
which the importer–specific assessment
rates are above de minimis.
EFFECTIVE DATE: July 6, 2006.
FOR FURTHER INFORMATION CONTACT:
Javier Barrientos, AD/CVD Operations,
Office 9, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202)
482–2243.
SUPPLEMENTARY INFORMATION:
AGENCY:
Case History
General
On February 1, 2005, the Department
published in the Federal Register an
amended final determination and
antidumping duty order on certain
frozen warmwater shrimp from the PRC.
See Notice of Amended Final
Determination of Sales at Less Than
Fair Value and Antidumping Duty
Order: Certain Frozen Warmwater
Shrimp From the People’s Republic of
China, 70 FR 05149 (February 1, 2005).
On August 26, 2005, the Department
received a new shipper review request
from Zhanjiang Regal. On September 16,
2005, the Department requested that
Zhanjiang Regal correct certain filing
deficiencies. See the Department’s letter
dated September 16, 2005. On
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September 20, 2005, Zhanjiang Regal
resubmitted their new shipper review
request in accordance with section
751(a)(2)(B) of the Tariff Act of 1930, as
amended (the Act), and section
351.214(c) of the Department’s
regulations. On September 30, 2005, the
Department initiated a new shipper
review with respect to Zhanjiang Regal.
See Certain Frozen Warmwater Shrimp
From the People’s Republic of China:
Initiation of New Shipper Review, 70 FR
58679 (October 7, 2005) (‘‘Initiation
Notice’’).
On February 16, 2006, the Department
placed the entry package it received
from CBP for Zhanjiang Regal’s new
shipper sale on the record of this
review. See Memorandum from Javier
Barrientos, AD/CVD Financial Analyst,
Office 9, through Alex Villanueva,
Program Manager, Office 9, to the File:
Antidumping Duty New Shipper Review
of Certain Frozen Warmwater Shrimp
from the People’s Republic of China:
Placing Entry Packages on the Record,
dated February 9, 2006.
Questionnaires and Responses
On October 21, 2005, the Department
issued sections A, C, and D of the
general antidumping duty questionnaire
to Zhanjiang Regal, along with the
standard importer questionnaire for new
shipper reviews. Zhanjiang Regal
submitted its response to section A of
the questionnaire on November 21,
2005, and subsequently submitted its
response to sections C and D, and the
importer questionnaire, on December 9,
2005. On December 22, 2005, the
Department issued its first supplemental
questionnaire for sections A, C and D.
Zhanjiang Regal filed its response to this
supplemental questionnaire on January
17, 2006. On March 13, 2006, the
Department issued its second
supplemental questionnaire for sections
A, C, and D to Zhanjiang Regal and its
importer. Zhanjiang Regal filed its
response to the Department’s second
sections A, C, and D supplemental
questionnaires on April 3, 2006, and to
the importer’s questionnaire on April 7,
2006.
Surrogate Country and Values
On November 2, 2005, the team
requested from the Office of Policy a
memorandum listing surrogate
countries. The Department received a
list of surrogate countries on November
7, 2005. On March 2, 2006, the
Department notified parties of the
opportunity to submit comments on
surrogate country selection and
surrogate values. No party submitted
surrogate country selection comments,
although Zhanjiang Regal submitted
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]]>Agencies
[Federal Register Volume 71, Number 129 (Thursday, July 6, 2006)]
[Notices]
[Pages 38366-38368]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10568]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-827]
Certain Cased Pencils from the People's Republic of China; Final
Results and Partial Rescission of Antidumping Duty Administrative
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 28, 2005, the Department of Commerce (the
Department) published in the Federal Register the preliminary results
and intent to rescind in part the 2003-2004 administrative review of
the antidumping duty order on certain cased pencils (pencils) from the
People's Republic of China (PRC). See Certain Cased Pencils from the
People's Republic of China; Preliminary Results of Antidumping Duty
Administrative Review and Intent to Rescind in Part, 70 FR 76755
(December 28, 2005) (``Preliminary Results''). The period of review
(POR) is December 1, 2003, through November 30, 2004. We have now
completed the 2003-2004 administrative review of the order. Based on
comments received, we have made changes in the dumping margin
calculations. Therefore, the final results differ from the preliminary
results. For details regarding these changes, see the section of this
notice entitled ``Changes Since the Preliminary Results.'' The final
results are listed below in the ``Final Results of Review'' section.
EFFECTIVE DATE: July 6, 2006.
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.
Background
On December 28, 2005, the Department published the preliminary
results of this review. See Preliminary Results. The POR is December 1,
2003, through November 30, 2004. On January 20, 2006, we extended the
deadline for submission of case briefs and rebuttal briefs to February
24, 2006, and March 1, 2006, respectively. We also extended the
deadline for submission of surrogate value information until February
14, 2006. On February 14, 2006, Sanford LP, Rose Moon, Inc., General
Pencil Company, Inc., and Musgrave Pencil Company (the domestic
interested parties) submitted surrogate value information.\1\ On
February 24, 2006, we received case briefs from respondents China First
Pencil Co., Ltd. (CFP)/Three Star Stationery Industry Corp. (Three
Star)(CFP/Three Star),\2\ Orient International Holding Shanghai Foreign
Trade Co., Ltd. (SFTC), and Shandong Rongxin Import & Export Co. Ltd.
(Rongxin), and from the domestic interested parties. We received
rebuttal briefs from CFP/Three Star, SFTC, Rongxin, and the domestic
interested parties on March 1, 2006.
---------------------------------------------------------------------------
\1\ Domestic interested parties submitted a revised translation
of certain documents included in this submission on February 16,
2006.
\2\ The Department initiated separate reviews of China First
Pencil Company, Ltd. (CFP) and Shanghai Three Star Stationery
Industry Corp. (Three Star) based on timely requests from interested
parties. In the final results of the 2001-2002 administrative review
the Department collapsed CFP and Three Star for purposes of its
antidumping analysis. See 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),
and the accompanying Issues and Decision Memorandum at Comment 6.
The Department continued to collapse CFP and Three Star in the final
results of the 2002-2003 administrative review. 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) (Pencils 02/03), and the accompanying Issues
and Decision Memorandum at Comment 1. For this review, the
Department continues to consider CFP and Three Star (hereinafter
referred to as CFP/Three Star) to be a single entity.
---------------------------------------------------------------------------
On April 27, 2006, in accordance with section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act), the Department extended the
time limit for the final results of this review until June 26, 2006.
See Certain Cased Pencils from the People's Republic of China:
Extension of Time Limit for Final Results of Antidumping Duty
Administrative Review, 71 FR 24839 (April 27, 2006).
Due to the unexpected emergency closure of the main Commerce
building on Monday, June 26, 2006, the Department is issuing these
final results on June 27, 2006, the next business day. See Notice of
Clarification: Application of ``Next Business Day'' Rule for
Administrative Determination Deadlines Pursuant to the Tariff Act of
1930, As Amended, 70 FR 24533 (May 10, 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
[[Page 38367]]
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.
In addition, pencils with all of the following physical
characteristics are excluded from the scope of the order: novelty jumbo
pencils that are octagonal in shape, approximately ten inches long, one
inch in diameter before sharpening, 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.
Although the HTSUS subheading is provided for convenience and
customs purposes, our written description of the scope of the order is
dispositive.
Partial Rescission
The Department is rescinding this review with respect to Tianjin
Custom Wood Processing Co., Ltd. (TCW) because TCW reported it did not
export subject merchandise to the United States during the POR. See the
Preliminary Results, 70 FR at 76756; see also TCW's February 22, 2005,
response to the Department's questionnaire. We reviewed U.S. Customs
and Border Protection (CBP) data and found no evidence that TCW made
shipments of subject merchandise to the United States during the POR.
Moreover, there is no evidence on the record of this segment of the
proceeding indicating that TCW exported subject merchandise during the
POR. Therefore, we are rescinding this review with respect to TCW.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the ``Issues and Decision
Memorandum'' (Decision Memorandum) from Stephen J. Claeys, Deputy
Assistant Secretary for Import Administration, to David M. Spooner,
Assistant Secretary for Import Administration, dated June 26, 2006,
which is hereby adopted by this notice. A list of the issues which
parties have raised and to which we have responded, all of which are in
the Decision Memorandum, is attached to this notice as an Appendix.
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 the Central Records Unit, room B-099 of the main
Department of Commerce building. In addition, a complete version of the
Decision Memorandum can be accessed directly on Import Administration's
Web site at https://.ia.ita.doc.gov/frn. The paper copy and the
electronic version of the Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made
changes in the margin calculations for CFP/Three Star, SFTC and
Rongxin. The specific calculation changes can be found in the company-
specific calculation memoranda dated June 26, 2006. These changes are
listed below.
As discussed fully in the Decision Memorandum, the Department
corrected the calculation of the surrogate value for pencil slats to
account for wood lost when pencil slats are produced from lumber for
use in pencil production for CFP/Three Star, SFTC, and Rongxin. In
addition, we corrected the calculation of Rongxin's slat surrogate
value with respect to the percentage of wood lost when pencils are made
from slats. Furthermore, using updated contemporaneous data obtained
after publication of the Preliminary Results, we re-calculated the slat
surrogate value used for producers that produced slats from timber.\3\
Finally, we corrected a ministerial error made in CFP/Three Star's
preliminary margin calculation program with respect to the calculation
of the value of coal included in the normal value.
---------------------------------------------------------------------------
\3\ We stated in the Preliminary Results that we would attempt
to obtain timber prices contemporaneous with the POR for use in the
final results. See the Preliminary Results, 70 FR at 76759.
---------------------------------------------------------------------------
Final Results of Review
We determine that the following weighted-average, ad valorem,
percentage margins exist for the period December 1, 2003, through
November 30, 2004:
------------------------------------------------------------------------
Exporter/Manufacturer Margin (percent)
------------------------------------------------------------------------
CFP/Three Star/First/Great Wall/Fang Zheng.......... 26.62
SFTC................................................ 25.70
Rongxin............................................. 12.37
PRC Wide-Rate....................................... 114.90
------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of this notice of final results of administrative review
for all shipments of pencils from the PRC entered, or withdrawn from
warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(1) of the Act: (1) the cash deposit rates
for the reviewed companies will be the rates shown above; (2) for
previously reviewed or investigated companies not listed above, that
have separate rates, the cash deposit rate will continue to be the
company-specific rate published for the most recent period; (3) the
cash deposit rate for all other PRC exporters will be 114.90 percent;
and 4) the cash deposit rate for non-PRC exporters will be the rate
applicable to the PRC exporter that supplied that exporter.
These deposit requirements shall remain in effect until publication
of the final results of the next administrative review.
Assessment
The Department will determine, and CBP will assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with these final results of review. We have calculated customer-
specific antidumping duty assessment amounts for subject merchandise
based on the ratio of the total amount of antidumping duties calculated
for the examined sales to the total quantity of sales examined. We
calculated these assessment amounts because there is no information on
the record which identifies entered values or the importers of record.
The Department will issue appropriate assessment instructions directly
to CBP within 15 days of publication of these final results of review.
Reimbursement of Duties
This notice also serves as a final 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
[[Page 38368]]
subsequent assessment of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as the only reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the return or destruction of proprietary information
disclosed under an APO in accordance with 19 CFR 351.305. Timely
written notification of the return/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 this determination and notice in
accordance with sections 751(a)(1) and 771(i) of the Act.
Dated: June 27, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
Appendix Issues in Decision Memorandum
Comments
Comment 1: Whether the Department properly valued pencil cores.
Comment 2: Whether the Department should use one or more respondents'
market-economy purchase prices of cores, erasers and lacquer to value
these factors for respondents that did not purchase these items from a
market-economy supplier.
Comment 3: Whether the Department excluded small quantity/high value
import transactions from its calculation of surrogate values.
Comment 4: Whether the Department used the wrong HTS category to
calculate a surrogate value for Rongxin's kaolin clay.
Comment 5: Whether the Department should continue to apply partial
adverse facts available to SFTC.
Comment 6: Whether the surrogate value for labor is correct.
Comment 7: Whether to continue to treat CFP and Three Star as a single
entity.
Comment 8: Whether the Department properly accounted for wood loss in
its calculation of a surrogate value for slats.
Comment 9: Whether the Department used the correct lumber dimensions to
calculate a surrogate value for slats.
Comment 10: Whether to continue to apply total adverse facts available
to Guangdong Stationery & Sporting Goods Import & Export Corp.
[FR Doc. E6-10568 Filed 7-5-06; 8:45 am]
BILLING CODE 3510-DS-S
