Certain Cased Pencils From the People's Republic of China: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order, 12323-12325 [2011-5123]

Download as PDF 12323 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Notices carbon content is two percent or less, by weight, and (3) none of the elements listed below is equal to or exceeds the quantity, by weight, respectively indicated: 1.80 percent of manganese, or 1.50 percent of silicon, or 1.00 percent of copper, or 0.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of lead, or 1.25 percent of nickel, or 0.30 percent of tungsten, or 0.10 percent of molybdenum, or 0.10 percent of niobium, or 0.41 percent of titanium, or 0.15 percent of vanadium, or 0.15 percent zirconium. All products that meet the written physical description, and in which the chemistry quantities do not equal or exceed any one of the levels listed above, are within the scope of the orders unless otherwise specifically excluded. The following products are specifically excluded from the orders: (1) Products clad, plated, or coated with metal, whether or not painted, varnished or coated with plastic or other non-metallic substances; (2) SAE grades (formerly AISI grades) of series 2300 and above; (3) products made to ASTM A710 and A736 or their proprietary equivalents; (4) abrasionresistant steels (i.e., USS AR 400, USS AR 500); (5) products made to ASTM A202, A225, A514 grade S, A517 grade S, or their proprietary equivalents; (6) ball bearing steels; (7) tool steels; and (8) silicon manganese steel or silicon electric steel. Regarding the scope of the order for Japan, the following additional exclusions apply with respect to abrasion-resistant steels: NK–EH–360 (NK Everhard 360) and NK–EH–500 (NK Everhard 500). NK–EH–360 has the following specifications: (a) Physical Properties: Thickness ranging from 6–50 mm, Brinell Hardness: 361 min.; (b) Heat Treatment: controlled heat treatment; and (c) Chemical Composition (percent weight): C: 0.20 max., Si: 0.55 max., Mn: 1.60 max., P: 0.030 max., S: 0.030 max., Cr: 0.40 max., Ti: 0.005–0.020, B: 0.004 max. NK–EH– 500 has the following specifications: (a) Physical Properties: Thickness ranging from 6–50 mm, Brinell Hardness: 477 min.; (b) Heat Treatment: Controlled heat treatment; and (c) Chemical Composition (percent weight): C: 0.35 max., Si: 0.55 max., Mn: 1.60 max., P: 0.030 max., S: 0.030 max., Cr: 0.80 max., Ti: 0.005–0.020, B: 0.004 max. The merchandise subject to the orders is currently classifiable in the HTSUS under subheadings: 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000, VerDate Mar<15>2010 17:54 Mar 04, 2011 Jkt 223001 7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7225.40.3050, 7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000, 7226.91.7000, 7226.91.8000, 7226.99.0000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise covered by the orders is dispositive. Analysis of Comments Received All issues raised in these reviews are addressed in the ‘‘Issues and Decision Memorandum for the Expedited Sunset Reviews of the Antidumping Duty Orders on Certain Cut-To-Length Carbon-Quality Steel Plate from India, Indonesia, Italy, Japan, and the Republic of Korea’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration (Decision Memo), which is hereby adopted by, and issued concurrently with, this notice. The issues discussed in the Decision Memo include the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the orders were revoked. Parties can find a complete discussion of all issues raised in these reviews and the corresponding recommendations in this public memorandum which is on file in the Central Records Unit, room 7046 of the main Department building. In addition, a complete version of the Decision Memo can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memo are identical in content. Final Results of Reviews We determine that revocation of the antidumping duty orders on CTL Plate from India, Indonesia, Italy, Japan, and the Republic of Korea would be likely to lead to continuation or recurrence of dumping at the rates listed below: Exporter/manufacturer India: Steel Authority of India, Ltd .. All Others .............................. Indonesia: PT Gunawan Dianjaya/PT Jaya Pari Steel Corporation ..................................... PT Krakatau Steel ................. All Others .............................. Italy: Palini and Bertoli S.p.A ......... All Others .............................. Japan: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Margin percentage 42.39 42.39 50.80 52.42 50.80 7.64 7.64 Exporter/manufacturer Margin percentage Kawasaki Steel Corporation Kobe Steel, Ltd ..................... Nippon Steel Corporation ..... NKK Corporation ................... Sumitomo Metal Industries, Ltd ...................................... All Others .............................. Republic of Korea: Dongkuk Steel Mill Co., Ltd .. All Others .............................. 9.46 59.12 59.12 59.12 59.12 9.46 2.98 2.98 This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders 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(c), and 777(i)(1) of the Act. Dated: March 1, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–5125 Filed 3–4–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–827] Certain Cased Pencils From the People’s Republic of China: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: March 7, 2011. SUMMARY: On November 1, 2010, the Department of Commerce (‘‘Department’’) published in the Federal Register the notice of initiation of the third sunset review of the antidumping duty order on certain cased pencils (‘‘pencils’’) from the People’s Republic of China (‘‘PRC’’), pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). See Initiation of Five-Year (‘‘Sunset’’) Review, 75 FR 67082 (November 1, 2010). The Department has conducted an expedited sunset review of this order pursuant to section 751(c)(3)(B) of the Act and 19 AGENCY: E:\FR\FM\07MRN1.SGM 07MRN1 12324 Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Notices CFR 351.218(e)(1)(ii)(C)(2). 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 at the margins identified in the ‘‘Final Results of Review’’ section of this notice. FOR FURTHER INFORMATION CONTACT: Seth Isenberg or Yasmin Nair, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482–0588 and (202) 482–3813, respectively. SUPPLEMENTARY INFORMATION: Background The antidumping duty order that covers pencils from the PRC was published in the Federal Register on December 28, 1994. See Antidumping Duty Order: Certain Cased Pencils from the People’s Republic of China, 59 FR 66909 (December 28, 1994), amended at Certain Cased Pencils From the People’s Republic of China; Notice of Amended Final Determination of Sales at Less Than Fair Value and Amended Antidumping Duty Order in Accordance With Final Court Decision, 64 FR 25275 (May 11, 1999). On November 1, 2010, the Department initiated the third sunset review of this order, pursuant to section 751(c) of the Act. See Initiation of Five-Year (‘‘Sunset’’) Review, 75 FR 67082 (November 1, 2010). The Department received a notice of intent to participate from domestic interested parties Sanford Corp.; General Pencil Co., Inc.; and Musgrave Pencil Co. (collectively, ‘‘Petitioners’’), within the deadline specified in 19 CFR 351.218(d)(1)(i). Petitioners claimed interested party status under section 771(9)(C) of the Act, as manufacturers of a domestic-like product in the United States. The Department also received a notice of intent to participate from Dixon Ticonderoga Company (‘‘Dixon’’), within the deadline specified in 19 CFR 351.218(d)(1)(i). Dixon claimed interested party status under section 771(4)(B) of the Act, as an importer of the subject merchandise that is related to a foreign producer and exporter of the subject merchandise. On December 1, 2010, the Department received a substantive response from Petitioners. In addition to meeting the other requirements of 19 CFR 351.218(d)(3), Petitioners provided information on the volume and value of exports of pencils from the PRC. The Department did not receive a substantive response from Dixon. The Department did not receive adequate substantive responses, or any response at all, from any respondent interested parties to this proceeding. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an expedited (120-day) sunset review of the antidumping duty order on pencils from the PRC. Scope of the Order Imports covered by the 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 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, noncased 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, the written description of the scope of the order is dispositive. Analysis of Comments Received All issues raised in this review are addressed in the Issues and Decision Memorandum (‘‘Decision Memorandum’’) from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration, dated March 1, 2011, 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 the Central Records Unit in room 7046 of the main Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Internet at http:// ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memorandum are identical in content. Final Results of Review Pursuant to sections 752(c)(1) and (3) of the Act, we determine that revocation of the antidumping duty order on pencils from the PRC would be likely to lead to continuation or recurrence of dumping at the following weightedaverage percentage margins: Margin (percent) srobinson on DSKHWCL6B1PROD with NOTICES Manufacturers/producers/exporters China First Pencil Co., Ltd ...................................................................................................................................................................... Shanghai Three Star Stationery Industry Corp 1 ..................................................................................................................................... Shanghai Lansheng Corp ........................................................................................................................................................................ Shanghai Foreign Trade Corp ................................................................................................................................................................. Guangdong Provincial Stationery & Sporting Goods Import & Export Corp 2 ........................................................................................ VerDate Mar<15>2010 17:54 Mar 04, 2011 Jkt 223001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\07MRN1.SGM 07MRN1 8.60 0.00 19.36 11.15 53.65 Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Notices 12325 Margin (percent) Manufacturers/producers/exporters PRC–Wide Rate ...................................................................................................................................................................................... 53.65 1 In the original order and subsequent administrative reviews, China First Pencil Co. Ltd (‘‘China First’’) and Shanghai Three Star Stationery Industry Co., Ltd. (‘‘Three Star’’) were treated as separate entities. In the 1999–2000 administrative review, the Department determined that China First and Three Star should henceforth be treated as a single entity. 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) (‘‘99–00 Pencils Final’’) and accompanying Issues and Decision Memorandum at Comment 12, amended at Notice of Amended Final Results and Partial Rescission of Antidumping Duty Administrative Review: Certain Cased Pencils from the People’s Republic of China, 67 FR 59049 (September 19, 2002). The Department continued to treat China First and Three Star as a single entity in the four successive administrative reviews. In the 2006–2007 administrative review, the Department determined that due to new evidence regarding the relationship between China First and Three Star there was no longer a sufficient basis to combine the two companies. See Certain Cased Pencils from the People’s Republic of China; Final Results and Partial Rescission of Antidumping Duty Administrative Review, 74 FR 33406 (July 13, 2009) and accompanying Issues and Decision Memorandum at Comment 1, amended at Certain Cased Pencils from the People’s Republic of China: Amended Final Results of Antidumping Duty Administrative Review, 74 FR 45177 (September 1, 2009). The Department continues to view China First and Three Star as separate and distinct entities as a result of the 2006–2007 administrative review determination. See Certain Cased Pencils From the People’s Republic of China; Final Results of the Antidumping Duty Administrative Review, 75 FR 38980 (July 7, 2010). 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 administrative 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 99–00 Pencils Final and accompanying Issues and Decision Memorandum at Comment 1, amended at 67 FR 59049. This notice also serves as the only reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders 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 final results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act. Dated: March 1, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–5123 Filed 3–4–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration srobinson on DSKHWCL6B1PROD with NOTICES [A–570–929] Small Diameter Graphite Electrodes From the People’s Republic of China: Preliminary Results of the First Administrative Review of the Antidumping Duty Order; Partial Rescission of Administrative Review; and Intent To Rescind Administrative Review, in Part Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to requests from interested parties, the Department of Commerce. (‘‘Department’’) is conducting the first administrative AGENCY: VerDate Mar<15>2010 17:54 Mar 04, 2011 Jkt 223001 review of the antidumping duty order on small diameter graphite electrodes (‘‘SDGE’’) from the People’s Republic of China (‘‘PRC’’), covering the period August 21, 2008, through January 31, 2010. The Department has preliminarily determined that during the period of review (‘‘POR’’) respondents in this proceeding have made sales of subject merchandise at less than normal value (‘‘NV’’). If these preliminary results are adopted in our final results of review, we will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties on all appropriate entries of subject merchandise during the POR. The Department is also rescinding this review for those exporters for which requests for review were timely withdrawn.1 For the companies for which this review is rescinded, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption. Furthermore, we determine that four companies for which a review was requested have not been responsive, and thus have not demonstrated entitlement to a separate rate.2 As a result, we have preliminarily determined that they are part of the PRC-wide entity, and continue to be subject to the PRC-wide entity rate.3 Further, the Department intends to rescind this administrative review with respect to UK Carbon & Graphite (‘‘UKCG’’) if the Department concludes that there were no entries, exports, or sales of the subject merchandise to the 1 See ‘‘Partial Rescission of the Administrative Review’’ section below. 2 See ‘‘Separate Rates’’ section below. 3 See ‘‘The PRC–Wide Entity, PRC–Wide Rate, and Use of Adverse Facts Available’’ section below. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 United States during the POR.4 Interested parties are invited to comment on these preliminary results. We will issue final results no later than 120 days from the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’). DATES: Effective Date: March 7, 2011. FOR FURTHER INFORMATION CONTACT: Lindsey Novom or Frances Veith, 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) 482–5256 or (202) 482– 4295, respectively. Background On February 26, 2009, the Department published in the Federal Register the antidumping duty order on SDGE from the PRC.5 On February 1, 2010, the Department published a notice of opportunity to request an administrative review of the antidumping duty order on SDGE from the PRC.6 On February 23, February 25, and February 26, 2010, the Department received timely requests for an administrative review of this antidumping duty order in accordance with 19 CFR 351.213(b) from Fushun Jinly Petrochemical Carbon Co., Ltd (‘‘Fushun Jinly’’), Xinghe County Muzi Carbon Co., Ltd. (‘‘Muzi Carbon’’), and Beijing Fangda Carbon Tech Co., Ltd. (‘‘Beijing Fangda’’), Chengdu Rongguang 4 See ‘‘Intent to Rescind, in Part, the Administrative Review’’ section below. 5 See Antidumping Duty Order: Small Diameter Graphite Electrodes from the People’s Republic of China, 74 FR 8775 (February 26, 2009). 6 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Reviews, 75 FR 5037 (February 1, 2010). E:\FR\FM\07MRN1.SGM 07MRN1

Agencies

[Federal Register Volume 76, Number 44 (Monday, March 7, 2011)]
[Notices]
[Pages 12323-12325]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5123]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-827]


Certain Cased Pencils From the People's Republic of China: Final 
Results of the Expedited Third Sunset Review of the Antidumping Duty 
Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: March 7, 2011.

SUMMARY: On November 1, 2010, the Department of Commerce 
(``Department'') published in the Federal Register the notice of 
initiation of the third sunset review of the antidumping duty order on 
certain cased pencils (``pencils'') from the People's Republic of China 
(``PRC''), pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (``the Act''). See Initiation of Five-Year (``Sunset'') Review, 
75 FR 67082 (November 1, 2010). The Department has conducted an 
expedited sunset review of this order pursuant to section 751(c)(3)(B) 
of the Act and 19

[[Page 12324]]

CFR 351.218(e)(1)(ii)(C)(2). 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 at the margins 
identified in the ``Final Results of Review'' section of this notice.

FOR FURTHER INFORMATION CONTACT: Seth Isenberg or Yasmin Nair, AD/CVD 
Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
0588 and (202) 482-3813, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The antidumping duty order that covers pencils from the PRC was 
published in the Federal Register on December 28, 1994. See Antidumping 
Duty Order: Certain Cased Pencils from the People's Republic of China, 
59 FR 66909 (December 28, 1994), amended at Certain Cased Pencils From 
the People's Republic of China; Notice of Amended Final Determination 
of Sales at Less Than Fair Value and Amended Antidumping Duty Order in 
Accordance With Final Court Decision, 64 FR 25275 (May 11, 1999). On 
November 1, 2010, the Department initiated the third sunset review of 
this order, pursuant to section 751(c) of the Act. See Initiation of 
Five-Year (``Sunset'') Review, 75 FR 67082 (November 1, 2010). The 
Department received a notice of intent to participate from domestic 
interested parties Sanford Corp.; General Pencil Co., Inc.; and 
Musgrave Pencil Co. (collectively, ``Petitioners''), within the 
deadline specified in 19 CFR 351.218(d)(1)(i). Petitioners claimed 
interested party status under section 771(9)(C) of the Act, as 
manufacturers of a domestic-like product in the United States. The 
Department also received a notice of intent to participate from Dixon 
Ticonderoga Company (``Dixon''), within the deadline specified in 19 
CFR 351.218(d)(1)(i). Dixon claimed interested party status under 
section 771(4)(B) of the Act, as an importer of the subject merchandise 
that is related to a foreign producer and exporter of the subject 
merchandise.
    On December 1, 2010, the Department received a substantive response 
from Petitioners. In addition to meeting the other requirements of 19 
CFR 351.218(d)(3), Petitioners provided information on the volume and 
value of exports of pencils from the PRC. The Department did not 
receive a substantive response from Dixon. The Department did not 
receive adequate substantive responses, or any response at all, from 
any respondent interested parties to this proceeding. As a result, 
pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), the Department conducted an expedited (120-
day) sunset review of the antidumping duty order on pencils from the 
PRC.

Scope of the Order

    Imports covered by the 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 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, the written description of the scope of the order is 
dispositive.

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum (``Decision Memorandum'') from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for 
Import Administration, dated March 1, 2011, 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 the Central Records Unit in room 7046 of the main 
Commerce building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Internet at http://ia.ita.doc.gov/frn. The 
paper copy and electronic version of the Decision Memorandum are 
identical in content.

Final Results of Review

    Pursuant to sections 752(c)(1) and (3) of the Act, we determine 
that revocation of the antidumping duty order on pencils from the PRC 
would be likely to lead to continuation or recurrence of dumping at the 
following weighted-average percentage margins:

------------------------------------------------------------------------
                                                                Margin
             Manufacturers/producers/exporters                (percent)
------------------------------------------------------------------------
China First Pencil Co., Ltd................................         8.60
Shanghai Three Star Stationery Industry Corp \1\...........         0.00
Shanghai Lansheng Corp.....................................        19.36
Shanghai Foreign Trade Corp................................        11.15
Guangdong Provincial Stationery & Sporting Goods Import &          53.65
 Export Corp \2\...........................................

[[Page 12325]]

 
PRC-Wide Rate..............................................        53.65
------------------------------------------------------------------------
\1\ In the original order and subsequent administrative reviews, China
  First Pencil Co. Ltd (``China First'') and Shanghai Three Star
  Stationery Industry Co., Ltd. (``Three Star'') were treated as
  separate entities. In the 1999-2000 administrative review, the
  Department determined that China First and Three Star should
  henceforth be treated as a single entity. 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) (``99-00 Pencils Final'') and accompanying Issues and
  Decision Memorandum at Comment 12, amended at Notice of Amended Final
  Results and Partial Rescission of Antidumping Duty Administrative
  Review: Certain Cased Pencils from the People's Republic of China, 67
  FR 59049 (September 19, 2002). The Department continued to treat China
  First and Three Star as a single entity in the four successive
  administrative reviews. In the 2006-2007 administrative review, the
  Department determined that due to new evidence regarding the
  relationship between China First and Three Star there was no longer a
  sufficient basis to combine the two companies. See Certain Cased
  Pencils from the People's Republic of China; Final Results and Partial
  Rescission of Antidumping Duty Administrative Review, 74 FR 33406
  (July 13, 2009) and accompanying Issues and Decision Memorandum at
  Comment 1, amended at Certain Cased Pencils from the People's Republic
  of China: Amended Final Results of Antidumping Duty Administrative
  Review, 74 FR 45177 (September 1, 2009). The Department continues to
  view China First and Three Star as separate and distinct entities as a
  result of the 2006-2007 administrative review determination. See
  Certain Cased Pencils From the People's Republic of China; Final
  Results of the Antidumping Duty Administrative Review, 75 FR 38980
  (July 7, 2010).
\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 administrative 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 99-00 Pencils Final and
  accompanying Issues and Decision Memorandum at Comment 1, amended at
  67 FR 59049.

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders 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 final results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act.

     Dated: March 1, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-5123 Filed 3-4-11; 8:45 am]
BILLING CODE 3510-DS-P