Certain Cased Pencils From the People's Republic of China: Final Results of Antidumping Duty Changed Circumstances Review, and Determination To Revoke Order, in Part, 53176-53177 [2012-21607]
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53176
Federal Register / Vol. 77, No. 170 / Friday, August 31, 2012 / Notices
sewn to the back cover with the outside
of the polyester spine cover to the inside
back cover. Both free ends (the ends not
sewn to the cover and back) are stitched
with a turned edge construction. Each
ring within the fixture is comprised of
a flexible strap portion that snaps into
a stationary post which forms a closed
binding ring. The ring fixture is riveted
with six metal rivets and sewn to the
back plastic cover and is specifically
positioned on the outside back cover.
The product must bear the valid
trademark FiveStar FlexTM.10
Currently, merchandise subject to
these orders is typically imported under
headings 4811.90.9035, 4811.90.9080,
4820.30.0040, 4811.90.9050,
4810.22.5044, 4811.90.9090,
4820.10.2010, 4820.10.2020,
4820.10.2030, 4820.10.2040,
4820.10.2050, 4820.10.2060 and
4820.10.4000 of the Harmonized Tariff
Schedule of the United States (HTSUS).
The tariff classifications are provided
for convenience and customs purposes;
however, the written description of the
scope of the orders is dispositive.
EMCDONALD on DSK67QTVN1PROD with NOTICES
Determination
As a result of the determinations by
the ITC that revocation of these AD and
CVD orders would not be likely to lead
to continuation or recurrence of material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act, the Department is revoking the
AD and CVD orders on lined paper from
Indonesia. Pursuant to section 751(d)(2)
of the Act and 19 CFR 351.222(i)(2)(i),
the effective date of revocation is
September 28, 2011 (i.e., the fifth
anniversary of the effective date of
publication in the Federal Register of
these orders).11
The Department will notify U.S.
Customs and Border Protection, 15 days
after publication of this notice, to
terminate suspension of liquidation and
collection of cash deposits on entries of
the subject merchandise, entered or
withdrawn from warehouse, on or after
September 28, 2011. Entries of subject
merchandise prior to the effective date
of revocation will continue to be subject
to suspension of liquidation and
antidumping and countervailing duty
deposit requirements.
10 Products found to be bearing an invalidly
licensed or used trademark are not excluded from
the scope.
11 See Notice of Amended Final Determination of
Sales at Less Than Fair Value: Certain Lined Paper
Products from the People’s Republic of China;
Notice of Antidumping Duty Orders: Certain Lined
Paper Products from India, Indonesia and the
People’s Republic of China; and Notice of
Countervailing Duty Orders: Certain Lined Paper
Products from India and Indonesia, 71 FR 56949
(September 28, 2006).
VerDate Mar<15>2010
15:22 Aug 30, 2012
Jkt 226001
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return/destruction or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Failure to comply is a violation of the
APO which may be subject to sanctions.
These five-year (sunset) reviews and
notice are in accordance with section
751(d)(2) the Act and published
pursuant to section 777(i)(1) of the Act.
Dated: August 24, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–21605 Filed 8–30–12; 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: Final
Results of Antidumping Duty Changed
Circumstances Review, and
Determination To Revoke Order, in
Part
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 18, 2012, the
Department of Commerce (‘‘the
Department’’) published a notice of
initiation and preliminary results of a
changed circumstance review and intent
to revoke, in part, the antidumping duty
(‘‘AD’’) order of certain cased pencils
from the People’s Republic of China
(‘‘PRC’’). The final results do not differ
from the preliminary results of review,
and we are revoking the order, in part,
with respect to novelty drumstick
pencils. This partial revocation is
effective June 1, 2011.
DATES: Effective Date: June 1, 2011.
FOR FURTHER INFORMATION CONTACT:
Mahnaz Khan at (202) 482–0914 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.
AGENCY:
Background
On December 28, 1994, the
Department published in the Federal
Register the AD order on certain cased
pencils from the PRC. See Antidumping
Duty Order: Certain Cased Pencils from
the People’s Republic of China, 59 FR
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
66909 (December 28, 1994) (‘‘AD
order’’). On May 23, 2012, in accordance
with section 751(b) and 751(d)(1) of the
Tariff Act of 1930, as amended (‘‘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.
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).
On July 18, 2012, the Department
published its concurrent initiation and
preliminary results of this changed
circumstances review. See 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, 77
FR 42276 (July 18, 2012) (‘‘Preliminary
Results’’). The Department preliminary
determined to revoke, in part, the AD
order on certain cased pencils from the
PRC with respect to novelty drumstick
pencils. In the Preliminary Results, we
stated that interested parties could
submit comments to the Department no
later than 14 days after the publication
of the Preliminary Results in the Federal
Register. No interested parties
submitted comments on the changed
circumstances review.
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
E:\FR\FM\31AUN1.SGM
31AUN1
Federal Register / Vol. 77, No. 170 / Friday, August 31, 2012 / Notices
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 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.
Although the HTSUS subheading is
provided for convenience and customs
purposes, the written description of the
scope and order is dispositive.
EMCDONALD on DSK67QTVN1PROD with NOTICES
Final Results of Changed
Circumstances Review
Based on the Department’s analysis in
the Preliminary Results (which we
incorporate herein by reference) and in
light of the fact that no interested parties
submitted any comments on the
Department’s preliminary results, the
Department hereby determines to
revoke, in part, the AD order with
respect to novelty drumstick pencils.
For the reasons indicated in the
Preliminary Results, the effective date of
this determination is June 1, 2011. See
Preliminary Results, 77 FR at 42277. In
addition, the Department has modified
the scope of the AD order, as reflected
above, consistent with these final
results.
We will instruct U.S. Customs and
Border Protection (‘‘CBP’’) to liquidate
without regard to antidumping duties
all unliquidated entries of novelty
drumstick pencils entered, or
withdrawn from warehouse, for
consumption on or after June 1, 2011.
The Department will further instruct
CBP to refund with interest any
estimated antidumping duties collected
with respect to these entries, in
accordance with section 778 of the Act
and 19 CFR 351.222(g)(4).
This changed circumstances
administrative review, partial
revocation of the antidumping duty
order and notice are in accordance with
sections 751(b) and (d), 777(i), and
782(h) of the Act and 19 CFR 351.216(e)
and 351.222(g).
VerDate Mar<15>2010
15:22 Aug 30, 2012
Jkt 226001
Dated: August 27, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
Scope of the Order
[FR Doc. 2012–21607 Filed 8–30–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–867]
Large Power Transformers From the
Republic of Korea: Antidumping Duty
Order
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: August 31, 2012.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the Department) and the
International Trade Commission (ITC),
the Department is issuing an
antidumping duty order on large power
transformers from the Republic of Korea
(Korea).
FOR FURTHER INFORMATION CONTACT:
David Cordell or Brian Davis, AD/CVD
Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone (202) 482–0408 or (202) 482–
7924, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
In accordance with sections 735(d)
and 777(i)(1) of the Tariff Act of 1930,
as amended (the Act), on July 11, 2012,
the Department published the final
determination of sales at less than fair
value in the antidumping duty
investigation of large power
transformers from Korea. See Large
Power Transformers from the Republic
of Korea: Final Determination of Sales
at Less Than Fair Value, 77 FR 40857
(July 11, 2012). On August 24, 2012, the
ITC notified the Department of its
affirmative determination that an
industry in the United States is
materially injured within the meaning
of section 735(b)(1)(A)(i) of the Act by
reason of less-than-fair-value imports of
large power transformers from Korea.
See Large Power Transformers from
Korea (Investigation No. 731–TA–1189
(Final), USITC Publication 4346, August
2012). Pursuant to section 736(a) of the
Act, the Department is publishing an
antidumping duty order on the subject
merchandise.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
53177
The scope of this order covers large
liquid dielectric power transformers
(large power transformers) having a top
power handling capacity greater than or
equal to 60,000 kilovolt amperes (60
megavolt amperes), whether assembled
or unassembled, complete or
incomplete.
Incomplete large power transformers
are subassemblies consisting of the
active part and any other parts attached
to, imported with or invoiced with the
active parts of large power transformers.
The ‘‘active part’’ of the transformer
consists of one or more of the following
when attached to or otherwise
assembled with one another: the steel
core or shell, the windings, electrical
insulation between the windings, the
mechanical frame for a large power
transformer.
The product definition encompasses
all such large power transformers
regardless of name designation,
including but not limited to step-up
transformers, step-down transformers,
autotransformers, interconnection
transformers, voltage regulator
transformers, rectifier transformers, and
power rectifier transformers.
The large power transformers subject
to this order are currently classifiable
under subheadings 8504.23.0040,
8504.23.0080 and 8504.90.9540 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
order is dispositive.
Antidumping Duty Order
As stated above, on August 24, 2012,
in accordance with section 735(d) of the
Act, the ITC notified the Department of
its final determination in this
investigation, in which it found material
injury with respect to large power
transformers from Korea. Because the
ITC determined that imports of
transformers from Korea are materially
injuring a U.S. industry, all
unliquidated entries of such
merchandise from Korea, entered or
withdrawn from warehouse, are subject
to the assessment of antidumping
duties.
Therefore, in accordance with section
736(a)(1) of the Act, the Department will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by the Department,
antidumping duties equal to the amount
by which the normal value of the
merchandise exceeds the export price
(or constructed export price) of the
merchandise, for all relevant entries of
E:\FR\FM\31AUN1.SGM
31AUN1
]]>Agencies
[Federal Register Volume 77, Number 170 (Friday, August 31, 2012)]
[Notices]
[Pages 53176-53177]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21607]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-827]
Certain Cased Pencils From the People's Republic of China: Final
Results of Antidumping Duty Changed Circumstances Review, and
Determination To Revoke Order, in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 18, 2012, the Department of Commerce (``the
Department'') published a notice of initiation and preliminary results
of a changed circumstance review and intent to revoke, in part, the
antidumping duty (``AD'') order of certain cased pencils from the
People's Republic of China (``PRC''). The final results do not differ
from the preliminary results of review, and we are revoking the order,
in part, with respect to novelty drumstick pencils. This partial
revocation is effective June 1, 2011.
DATES: Effective Date: June 1, 2011.
FOR FURTHER INFORMATION CONTACT: Mahnaz Khan at (202) 482-0914 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 the PRC. 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
Tariff Act of 1930, as amended (``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. 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).
On July 18, 2012, the Department published its concurrent
initiation and preliminary results of this changed circumstances
review. See 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, 77 FR 42276
(July 18, 2012) (``Preliminary Results''). The Department preliminary
determined to revoke, in part, the AD order on certain cased pencils
from the PRC with respect to novelty drumstick pencils. In the
Preliminary Results, we stated that interested parties could submit
comments to the Department no later than 14 days after the publication
of the Preliminary Results in the Federal Register. No interested
parties submitted comments on the changed circumstances review.
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
[[Page 53177]]
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 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.
Although the HTSUS subheading is provided for convenience and
customs purposes, the written description of the scope and order is
dispositive.
Final Results of Changed Circumstances Review
Based on the Department's analysis in the Preliminary Results
(which we incorporate herein by reference) and in light of the fact
that no interested parties submitted any comments on the Department's
preliminary results, the Department hereby determines to revoke, in
part, the AD order with respect to novelty drumstick pencils. For the
reasons indicated in the Preliminary Results, the effective date of
this determination is June 1, 2011. See Preliminary Results, 77 FR at
42277. In addition, the Department has modified the scope of the AD
order, as reflected above, consistent with these final results.
We will instruct U.S. Customs and Border Protection (``CBP'') to
liquidate without regard to antidumping duties all unliquidated entries
of novelty drumstick pencils entered, or withdrawn from warehouse, for
consumption on or after June 1, 2011. The Department will further
instruct CBP to refund with interest any estimated antidumping duties
collected with respect to these entries, in accordance with section 778
of the Act and 19 CFR 351.222(g)(4).
This changed circumstances administrative review, partial
revocation of the antidumping duty order and notice are in accordance
with sections 751(b) and (d), 777(i), and 782(h) of the Act and 19 CFR
351.216(e) and 351.222(g).
Dated: August 27, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-21607 Filed 8-30-12; 8:45 am]
BILLING CODE 3510-DS-P
