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]
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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withdrawn from warehouse, for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.
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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
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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
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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
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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:
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]]>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.
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\1\ See generally 19 CFR 351.303.
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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
