Notice of Amended Final Results of Antidumping Duty Administrative Review: Certain Cased Pencils from the People's Republic of China, 44998 [E6-12818]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 71, Number 152 (Tuesday, August 8, 2006)]
[Notices]
[Page 44998]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12818]


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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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) 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, 2003, 
through November 30, 2004, on July 6, 2006. See Certain Cased Pencils 
From the People's Republic of China; Final Results and Partial 
Rescission of Antidumping Duty Administrative Review, 71 FR 38366 (July 
6, 2006) (Final Results). We are amending our final results to correct 
a ministerial error alleged by China First Pencil Co., Ltd./Shanghai 
Three Star Stationery Industry Corp. (CFP/Three Star) pursuant to 
section 751(h) of the Tariff Act of 1930, as amended (the Act).

EFFECTIVE DATE: August 8, 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.

SUPPLEMENTARY INFORMATION:

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 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.

Amended Final Results

    In accordance with section 751(a) the Act, on July 6, 2006, 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 10, 2006, CFP/Three Star submitted a ministerial error 
allegation 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 allegation submitted 
by CFP/Three Star. In accordance with section 751(h) of the Act, we 
have determined that a ministerial error was made in the calculation of 
the final margin for CFP/Three Star. 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, Allegation of Ministerial Error (July 28, 2006). 
Pursuant to section 751(h) of the Act, we have corrected the error and 
are amending the final results of review accordingly. See Memorandum 
from Paul Stolz, Case Analyst through Charles Riggle, Program Manager, 
to the File, Analysis Memorandum for Amended Final Results for China 
First Pencil Co., Ltd./Shanghai Three Star Stationery Industry Corp. 
(July 28, 2006). The revised final weighted-average dumping margin is 
as follows:

----------------------------------------------------------------------------------------------------------------
                                                        Original Weighted-Average     Amended Weighted-Average
                Exporter/Manufacturer                       Margin Percentage             Margin Percentage
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China First Pencil Co., Ltd./Shanghai Three Star                             26.62                          2.76
 Stationery Industry Corp...........................
----------------------------------------------------------------------------------------------------------------

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries based on the amended final results. 
For details on the assessment of antidumping duties on all appropriate 
entries, see Final Results. This notice is published pursuant to 
section 777(i) of the Act and 19 CFR 351.224(e).

    July 28, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-12818 Filed 8-7-06; 8:45 am]
BILLING CODE 3510-DS-S