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]
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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,
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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 https://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:
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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:
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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 https://
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 ........................................................................................
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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:
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17:54 Mar 04, 2011
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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
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Fmt 4703
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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
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]]>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 https://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
