Certain Cased Pencils From the People's Republic of China: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, and Intent To Revoke Order in Part, 42276-42278 [2012-17523]

Download as PDF 42276 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Notices above de minimis (i.e., 0.50 percent) in the final results of this review, we will calculate an importer-specific assessment rate on the basis of the ratio of the total amount of dumping calculated for the importer’s examined sales and the total entered value of those sales in accordance with 19 CFR 351.212(b)(1). The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. This clarification will apply to entries of subject merchandise during the POR produced by EuroChem for which it did not know its merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). We intend to issue instructions to CBP 15 days after publication of the final results of this review. tkelley on DSK3SPTVN1PROD with NOTICES Cash Deposit Requirements The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of solid urea from the Russian Federation entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for EuroChem will be the rate established in the final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; (4) the cash deposit rate for all other manufacturers or exporters will continue to be 64.93 percent, the all-others rate established in Urea From the Union of Soviet Socialist Republics; Final Determination of Sales at Less Than Fair Value, 52 FR 19557 (May 26, 1987). These cash deposit requirements, when imposed, shall remain in effect until further notice. VerDate Mar<15>2010 17:27 Jul 17, 2012 Jkt 226001 Notification to Importers FOR FURTHER INFORMATION CONTACT: This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) 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 subsequent assessment of double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Elizabeth Gorman at (202) 482–1174 or Yasmin Nair at (202) 482–3813; AD/ CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. Dated: July 11, 2012. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. [FR Doc. 2012–17518 Filed 7–17–12; 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: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, and Intent To Revoke Order in Part Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In accordance with section 751(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216(b), ThinkGeek, Inc. (ThinkGeek) filed a request for a changed circumstances review of the antidumping duty (AD) order on certain cased pencils (pencils) from the People’s Republic of China (PRC) to revoke the AD order with respect to novelty drumstick pencils. The domestic industry has affirmatively expressed a lack of interest in continuing the AD order with respect to this product. In response to ThinkGeek’s request, the Department of Commerce (the Department) is initiating a changed circumstances review to be conducted on an expedited basis and issuing a notice of preliminary intent to revoke, in part, this order. Pursuant to ThinkGeek’s request, this partial revocation would be applied retroactively to June 1, 2011. Interested parties are invited to comment on these preliminary results. DATES: Effective Date: June 1, 2011. AGENCY: PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 Background On December 28, 1994, the Department published in the Federal Register the AD order on certain cased pencils from China. See Antidumping Duty Order: Certain Cased Pencils from the People’s Republic of China, 59 FR 66909 (December 28, 1994) (AD order). On May 23, 2012, in accordance with section 751(b) and 751(d)(1) of the Act, 19 CFR 351.216(b), and 19 CFR 351.222(g)(1), ThinkGeek, a U.S. importer of subject merchandise, requested revocation in part, of the AD order with respect to its novelty pencil, which is shaped like a drumstick, as part of a changed circumstances review. ThinkGeek’s novelty drumstick pencil is made to look like a pencil, except that it is shaped as a drumstick. This pencil is longer than regular wooden pencils and does not contain an eraser. ThinkGeek requested that the Department conduct the changed circumstances review on an expedited basis pursuant to 19 CFR 351.221(c)(3)(ii). Scope of the Order Imports covered by this 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 E:\FR\FM\18JYN1.SGM 18JYN1 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Notices tkelley on DSK3SPTVN1PROD with NOTICES 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 characteristics are excluded from 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 and order is dispositive. Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, and Intent To Revoke the Order in Part At the request of ThinkGeek, and in accordance with sections 751(b)(1) and 751(d)(1) of the Act and 19 CFR 351.216 and 19 CFR 351.222(g)(1), the Department is initiating a changed circumstances review of novelty drumstick pencils from the PRC to determine whether partial revocation of the AD order is warranted with respect to this product. Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide that the Department may revoke an order (in whole or in part) if it determines that producers accounting for substantially all of the production of the domestic like product have no further interest in the order, in whole or in part. In its administrative practice, the Department has interpreted ‘‘substantially all’’ to mean at least 85 percent of the total production of the domestic like product covered by the order. See, e.g., Certain Pasta From Italy: Final Results of Countervailing Duty Changed Circumstances Review and Revocation, In Part, 76 FR 27634, 27635 (May 12, 2011). In addition, in the event the Department determines that expedited action is warranted, 19 CFR 351.221(c)(3)(ii) permits the Department to combine the notices of initiation and preliminary results. On May 23, 2012, ThinkGeek submitted a letter from petitioners and domestic pencil producers Sanford, L.P.; Musgrave Pencil Company and General Pencil Company (collectively, Petitioners) expressing a lack of interest in maintaining the AD order with respect to the novelty drumstick pencils identified in ThinkGeek’s request. On June 5, 2012, Petitioners submitted a letter stating that they comprise ‘‘substantially all’’ of the production of the domestic like product, as provided in section 782(h) of the Act and 19 CFR VerDate Mar<15>2010 17:27 Jul 17, 2012 Jkt 226001 351.222(g)(1)(i), in that they account for at least 85 percent of such production. See ThinkGeek’s letter dated June 5, 2012. Also, ThinkGeek’s letter requested that this partial revocation be retroactively applied to ThinkGeek’s drumstick pencils, entered or withdrawn from warehouse, for consumption, on or after June 1, 2011, which would apply to any remaining unliquidated entries of this product. See id. In accordance with section 751(b) of the Act, 19 CFR 351.216, 19 CFR 351.222(g), and 19 CFR 351.221(c)(3)(ii), we are initiating this changed circumstances review and have determined that expedited action is warranted. In accordance with 19 CFR 351.222(g)(1), we find that Petitioners’ affirmative statements of no interest constitutes good cause for the conduct of this review. Additionally, our decision to expedite this review pursuant to 19 CFR 351.221(c)(3)(ii) stems from the domestic industry’s lack of interest in applying the AD order to these drumstick novelty pencils, described above, covered by ThinkGeek’s request. Based on the expression of no interest by Petitioners and absent any objection by other domestic interested parties, we preliminarily determine that substantially all of the domestic producers have no interest in the continued application of the AD order on pencils from the PRC to the merchandise that is subject to ThinkGeek’s request. Therefore, we are notifying the public of our intent to revoke, in part, the AD order as it relates to imports of drumstick novelty pencils, as described above, from the PRC. This partial revocation would be retroactively applied to entries of novelty drumstick pencils, entered or withdrawn from warehouse, for consumption, on or after June 1, 2011, a date after the last day of the most recently completed administrative review. See, e.g., Wooden Bedroom Furniture from the People’s Republic of China: Final Results of Changed Circumstances Review and Determination to Revoke Order in Part, 74 FR 8506 (February 25, 2009) (retroactively revoking an order, in part, to unliquidated entries not subject to a final determination by the Department). We intend to modify the scope of the AD order to read as follows: In addition, pencils with all of the following characteristics are excluded from 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 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 42277 encasing one-and-one half inches of sharpened lead on one end and a rubber eraser on the other end. Also excluded are novelty drumstick pencils that are shaped like drumsticks, longer than regular wooden pencils, and do not contain erasers. Public Comment Interested parties are invited to comment on these preliminary results. Written comments may be submitted no later than 14 days after the date of publication of these preliminary results. Rebuttals to written comments, limited to issues raised in such comments, may be filed no later than 21 days after the date of publication of these preliminary results. Consistent with 19 CFR 351.309, parties who submit written comments or rebuttal comments in this proceeding are requested to submit with each argument (1) a statement of the issue and (2) a brief summary of the argument (no longer than five pages, including footnotes). Pursuant to 19 CFR 351.310(c), any interested party may request a hearing within 10 days of the date of publication of this notice. Further, any hearing, if requested, will be held no later than 25 days after the date of publication of this notice, or the first business day thereafter. All written comments and/or hearing requests must be filed electronically using Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS).1 An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, IA ACCESS, by 5 p.m. Eastern Time of the deadlines set forth in this notice. We will issue our final results of this changed circumstances review as soon as practicable following the above comment period, but not later than 270 days after the date on which we initiated the changed circumstances review or within 45 days if all parties agree to our preliminary results, in accordance with 19 CFR 351.216(e). If final revocation occurs, we will instruct U.S. Customs and Border Protection to end the suspension of liquidation for the merchandise covered by the revocation on the effective date of the notice of revocation and to release any cash deposit or bond. The current requirement for a cash deposit of estimated AD duties on all subject merchandise will continue unless and until it is modified pursuant to the final results of this changed circumstances review. This initiation and preliminary results of review notice is published in 1 See E:\FR\FM\18JYN1.SGM generally 19 CFR 351.303. 18JYN1 42278 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Notices accordance with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 351.216, 351.221(b)(1) and (4), and 351.222(g). Dated: July 11, 2012. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Chinook salmon (O. tshawytscha), endangered Sacramento River winterrun Chinook salmon (O. tshawytscha), and threatened southern distinct population segment of North American (sDPS) green sturgeon (Acipenser medirostris). [FR Doc. 2012–17523 Filed 7–17–12; 8:45 am] Authority BILLING CODE 3510–DS–P Scientific research permits are issued in accordance with section 10(a)(1)(A) of the ESA of 1973 (16 U.S.C. 1531– 1543) and regulations governing listed fish and wildlife permits (50 CFR parts 222–226). NMFS issues permits based on findings that such permits: (1) Are applied for in good faith; (2) if granted and exercised, would not operate to the disadvantage of the listed species which are the subject of the permits; and (3) are consistent with the purposes and policies set forth in section 2 of the ESA. The authority to take listed species is subject to conditions set forth in the permits. Anyone requesting a hearing on the applications listed in this notice should set out the specific reasons why a hearing on the application(s) would be appropriate (see ADDRESSES). Such hearings are held at the discretion of the Assistant Administrator for Fisheries, NMFS. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XC105 Endangered and Threatened Species; Take of Anadromous Fish National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Receipt of application for scientific research and enhancement. AGENCY: Notice is hereby given that NMFS has received a scientific research and enhancement permit application request relating to anadromous species listed under the Endangered Species Act (ESA). The proposed research activities are intended to increase knowledge of the species and to help guide management and conservation efforts. DATES: Written comments on the permit application must be received at the appropriate address or fax number (see ADDRESSES) no later than 5 p.m. Pacific standard time on August 17, 2012. ADDRESSES: The application and related documents may be viewed online at: https://apps.nmfs.noaa.gov/preview/ preview_open_for_comment.cfm. These documents are also available upon written request or by appointment by contacting NMFS by phone (916) 930– 3706 or fax (916) 930–3629. Written comments on the application should be submitted to the Protected Resources Division, NMFS, 650 Capitol Mall, Room 5–100, Sacramento, CA 95814. Comments may also be submitted via fax to (916) 930–3629 or by email to FRNpermits.SR@noaa.gov. SUMMARY: FOR FURTHER INFORMATION CONTACT: tkelley on DSK3SPTVN1PROD with NOTICES Amanda Cranford, Sacramento, CA (ph.: 916–930–3706, email: Amanda.Cranford@noaa.gov). SUPPLEMENTARY INFORMATION: Species Covered in This Notice This notice is relevant to federally threatened California Central Valley steelhead (Oncorhynchus mykiss), threatened Central Valley spring-run VerDate Mar<15>2010 17:27 Jul 17, 2012 Jkt 226001 Sacramento-San Joaquin Delta. Results will provide information on spatial and environmental patterns of predation; critical information for guiding future restoration projects on conditions likely to support or discourage higher predation rates on endangered and native fishes. The sampling will be conducted in April, June and December in the Sacramento River above Rio Vista, Georgiana, Steamboat, Miner, and Cache sloughs, the Sacramento Deep Water Ship Channel, and Liberty Island. Sampling months were selected based on likely periods of co-occurrence of predators and prey species of interest. Predators will be sampled using trammel nets, with the goal of genetically analyzing their gut contents for the DNA of various prey items. While listed species are not the target of the sampling program, incidental take may occur and will provide valuable information on abundance, habitat use, and migration timing. Dated: July 13, 2012. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2012–17487 Filed 7–17–12; 8:45 am] BILLING CODE 3510–22–P Application Received Permit 16543 DEPARTMENT OF COMMERCE The Department of Water Resources (DWR) is requesting a 3-year scientific research and enhancement permit to take adult CCV steelhead, Sacramento River winter-run Chinook salmon, Central Valley spring-run Chinook salmon, and both adult and juvenile sDPS green sturgeon associated with research activities in the SacramentoSan Joaquin Delta, California. In the studies described below, all take will be incidental and non-lethal. Application 16543 was previously noticed in the Federal Register (76 FR 57717) with a 30 day comment period from September 16, 2011 to October 17, 2011. No comments were received for this application, however due to substantial changes to the sampling methods and the amount take NMFS decided to publish the revised notice for public comment. This project will examine predation by introduced fishes (striped bass, largemouth bass, smallmouth bass) and native resident fishes (Sacramento pikeminnow) on migrating native fishes (juvenile Chinook salmon, juvenile steelhead, delta and longfin smelt, white and green sturgeon, and Sacramento splittail) across a variety of habitats and migration corridors in the northern National Oceanic and Atmospheric Administration PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 New England Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; public meeting. AGENCY: The New England Fishery Management Council’s (Council) Groundfish Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). DATES: The meeting will be held on Thursday, August 2, 2012 at 9 a.m. ADDRESSES: The meeting will be held at the Sheraton Harborside Hotel, 250 Market Street, Portsmouth, NH 03801; telephone: (603) 431–2300; fax: (603) 433–5649. Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director, New England Fishery Management Council; telephone: (978) 465–0492. SUMMARY: E:\FR\FM\18JYN1.SGM 18JYN1

Agencies

[Federal Register Volume 77, Number 138 (Wednesday, July 18, 2012)]
[Notices]
[Pages 42276-42278]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17523]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-827]


Certain Cased Pencils From the People's Republic of China: 
Initiation and Preliminary Results of Antidumping Duty Changed 
Circumstances Review, and Intent To Revoke Order in Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: In accordance with section 751(b) of the Tariff Act of 1930, 
as amended (the Act), and 19 CFR 351.216(b), ThinkGeek, Inc. 
(ThinkGeek) filed a request for a changed circumstances review of the 
antidumping duty (AD) order on certain cased pencils (pencils) from the 
People's Republic of China (PRC) to revoke the AD order with respect to 
novelty drumstick pencils. The domestic industry has affirmatively 
expressed a lack of interest in continuing the AD order with respect to 
this product. In response to ThinkGeek's request, the Department of 
Commerce (the Department) is initiating a changed circumstances review 
to be conducted on an expedited basis and issuing a notice of 
preliminary intent to revoke, in part, this order. Pursuant to 
ThinkGeek's request, this partial revocation would be applied 
retroactively to June 1, 2011. Interested parties are invited to 
comment on these preliminary results.

DATES: Effective Date: June 1, 2011.

FOR FURTHER INFORMATION CONTACT: Elizabeth Gorman at (202) 482-1174 or 
Yasmin Nair at (202) 482-3813; AD/CVD Operations, Office 1, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230.

Background

    On December 28, 1994, the Department published in the Federal 
Register the AD order on certain cased pencils from China. See 
Antidumping Duty Order: Certain Cased Pencils from the People's 
Republic of China, 59 FR 66909 (December 28, 1994) (AD order). On May 
23, 2012, in accordance with section 751(b) and 751(d)(1) of the Act, 
19 CFR 351.216(b), and 19 CFR 351.222(g)(1), ThinkGeek, a U.S. importer 
of subject merchandise, requested revocation in part, of the AD order 
with respect to its novelty pencil, which is shaped like a drumstick, 
as part of a changed circumstances review. ThinkGeek's novelty 
drumstick pencil is made to look like a pencil, except that it is 
shaped as a drumstick. This pencil is longer than regular wooden 
pencils and does not contain an eraser. ThinkGeek requested that the 
Department conduct the changed circumstances review on an expedited 
basis pursuant to 19 CFR 351.221(c)(3)(ii).

Scope of the Order

    Imports covered by this 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

[[Page 42277]]

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 characteristics are 
excluded from 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 and order is 
dispositive.

Initiation and Preliminary Results of Antidumping Duty Changed 
Circumstances Review, and Intent To Revoke the Order in Part

    At the request of ThinkGeek, and in accordance with sections 
751(b)(1) and 751(d)(1) of the Act and 19 CFR 351.216 and 19 CFR 
351.222(g)(1), the Department is initiating a changed circumstances 
review of novelty drumstick pencils from the PRC to determine whether 
partial revocation of the AD order is warranted with respect to this 
product. Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) 
provide that the Department may revoke an order (in whole or in part) 
if it determines that producers accounting for substantially all of the 
production of the domestic like product have no further interest in the 
order, in whole or in part. In its administrative practice, the 
Department has interpreted ``substantially all'' to mean at least 85 
percent of the total production of the domestic like product covered by 
the order. See, e.g., Certain Pasta From Italy: Final Results of 
Countervailing Duty Changed Circumstances Review and Revocation, In 
Part, 76 FR 27634, 27635 (May 12, 2011). In addition, in the event the 
Department determines that expedited action is warranted, 19 CFR 
351.221(c)(3)(ii) permits the Department to combine the notices of 
initiation and preliminary results.
    On May 23, 2012, ThinkGeek submitted a letter from petitioners and 
domestic pencil producers Sanford, L.P.; Musgrave Pencil Company and 
General Pencil Company (collectively, Petitioners) expressing a lack of 
interest in maintaining the AD order with respect to the novelty 
drumstick pencils identified in ThinkGeek's request. On June 5, 2012, 
Petitioners submitted a letter stating that they comprise 
``substantially all'' of the production of the domestic like product, 
as provided in section 782(h) of the Act and 19 CFR 351.222(g)(1)(i), 
in that they account for at least 85 percent of such production. See 
ThinkGeek's letter dated June 5, 2012. Also, ThinkGeek's letter 
requested that this partial revocation be retroactively applied to 
ThinkGeek's drumstick pencils, entered or withdrawn from warehouse, for 
consumption, on or after June 1, 2011, which would apply to any 
remaining unliquidated entries of this product. See id.
    In accordance with section 751(b) of the Act, 19 CFR 351.216, 19 
CFR 351.222(g), and 19 CFR 351.221(c)(3)(ii), we are initiating this 
changed circumstances review and have determined that expedited action 
is warranted. In accordance with 19 CFR 351.222(g)(1), we find that 
Petitioners' affirmative statements of no interest constitutes good 
cause for the conduct of this review. Additionally, our decision to 
expedite this review pursuant to 19 CFR 351.221(c)(3)(ii) stems from 
the domestic industry's lack of interest in applying the AD order to 
these drumstick novelty pencils, described above, covered by 
ThinkGeek's request.
    Based on the expression of no interest by Petitioners and absent 
any objection by other domestic interested parties, we preliminarily 
determine that substantially all of the domestic producers have no 
interest in the continued application of the AD order on pencils from 
the PRC to the merchandise that is subject to ThinkGeek's request. 
Therefore, we are notifying the public of our intent to revoke, in 
part, the AD order as it relates to imports of drumstick novelty 
pencils, as described above, from the PRC. This partial revocation 
would be retroactively applied to entries of novelty drumstick pencils, 
entered or withdrawn from warehouse, for consumption, on or after June 
1, 2011, a date after the last day of the most recently completed 
administrative review. See, e.g., Wooden Bedroom Furniture from the 
People's Republic of China: Final Results of Changed Circumstances 
Review and Determination to Revoke Order in Part, 74 FR 8506 (February 
25, 2009) (retroactively revoking an order, in part, to unliquidated 
entries not subject to a final determination by the Department). We 
intend to modify the scope of the AD order to read as follows:

    In addition, pencils with all of the following characteristics 
are excluded from 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. Also excluded are novelty drumstick pencils that are shaped 
like drumsticks, longer than regular wooden pencils, and do not 
contain erasers.

Public Comment

    Interested parties are invited to comment on these preliminary 
results. Written comments may be submitted no later than 14 days after 
the date of publication of these preliminary results. Rebuttals to 
written comments, limited to issues raised in such comments, may be 
filed no later than 21 days after the date of publication of these 
preliminary results. Consistent with 19 CFR 351.309, parties who submit 
written comments or rebuttal comments in this proceeding are requested 
to submit with each argument (1) a statement of the issue and (2) a 
brief summary of the argument (no longer than five pages, including 
footnotes). Pursuant to 19 CFR 351.310(c), any interested party may 
request a hearing within 10 days of the date of publication of this 
notice. Further, any hearing, if requested, will be held no later than 
25 days after the date of publication of this notice, or the first 
business day thereafter. All written comments and/or hearing requests 
must be filed electronically using Import Administration's Antidumping 
and Countervailing Duty Centralized Electronic Service System (IA 
ACCESS).\1\ An electronically filed document must be received 
successfully in its entirety by the Department's electronic records 
system, IA ACCESS, by 5 p.m. Eastern Time of the deadlines set forth in 
this notice.
---------------------------------------------------------------------------

    \1\ See generally 19 CFR 351.303.
---------------------------------------------------------------------------

    We will issue our final results of this changed circumstances 
review as soon as practicable following the above comment period, but 
not later than 270 days after the date on which we initiated the 
changed circumstances review or within 45 days if all parties agree to 
our preliminary results, in accordance with 19 CFR 351.216(e).
    If final revocation occurs, we will instruct U.S. Customs and 
Border Protection to end the suspension of liquidation for the 
merchandise covered by the revocation on the effective date of the 
notice of revocation and to release any cash deposit or bond. The 
current requirement for a cash deposit of estimated AD duties on all 
subject merchandise will continue unless and until it is modified 
pursuant to the final results of this changed circumstances review.
    This initiation and preliminary results of review notice is 
published in

[[Page 42278]]

accordance with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 
351.216, 351.221(b)(1) and (4), and 351.222(g).

    Dated: July 11, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2012-17523 Filed 7-17-12; 8:45 am]
BILLING CODE 3510-DS-P