# Preliminary Determination of Sales at Less Than Fair Value: Certain Cased Pencils From Thailand > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-14625 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** June 16, 1994 ## Text DEPARTMENT OF COMMERCE [A-549-808] Preliminary Determination of Sales at Less Than Fair Value: Certain Cased Pencils From Thailand AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: June 16, 1994. FOR FURTHER INFORMATION CONTACT: Vincent Kane or Thomas McGinty, Office of Countervailing Investigations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC, 20230; telephone (202) 482- 2815 or 482-5055. PRELIMINARY DETERMINATION: We preliminarily determine that imports of certain cased pencils from Thailand are being, or are likely to be, sold in the United States at less than fair value, as provided in section 733 of the Tariff Act of 1930, as amended (the Act). The estimated margins are shown in the ``Suspension of Liquidation'' section of this notice. Case History Since the initiation of this investigation on November 30, 1993, (58 FR 64548, December 8, 1993), the following events have occurred: On December 27, 1993, the U.S. International Trade Commission (ITC) issued an affirmative preliminary injury determination in this case (Investigation Nos.-731-TA-669-670 (Preliminary) (Publication 2713). On January 5, 1994, the Department of Commerce (the Department) delivered antidumping duty questionnaires to Aruna Company, Ltd. (Aruna) and Nan Mee Industry Co., Ltd. (Nan Mee). At the time a questionnaire was sent to Nan Mee, we did not know that Aruna accounted for over 60 percent of exports of the subject merchandise to the United States. On January 14, 1994, Nan Mee informed the Department that it had no sales for export to the United States during the period of investigation (POI). Based on import statistics obtained from the U.S. Customs Service, we determined that Aruna accounted for at least 60 percent of exports of the subject merchandise to the United States during the period of investigation (POI). These statistics also confirmed that Nan Mee had no exports to the United States during the POI. On January 28, 1994, Aruna notified the Department that it would not participate in this investigation. No questionnaire response was filed by Aruna. On March 29, 1994, at the request of petitioner, the Department postponed the preliminary determination until June 8, 1994, in accordance with section 733 of the Act. Scope of Investigation The products covered by these investigation are certain cased pencils of any shape or dimension 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 these investigations are classified under subheading 9609.10.00 of the Harmonized Tariff Schedule of the United States (``HTSUS''). Specifically excluded from the scope of this investigation are mechanical pencils, cosmetic pencils, pens, non-cased crayons (wax), pastels, charcoals, or chalks. Although the HTSUS subheading is provided for convenience and customs purposes, our written description of the scope of this investigation is dispositive. Period of Investigation The period of investigation is June 1, 1993, through November 30, 1993. Best Information Available Because Aruna failed to respond to our questionnaire, we based our preliminary determination on best information available (BIA) in accordance with section 776(c) of the Act. Section 776(c) states that the Department may use BIA where a company has refused to provide information requested in the form required, or has otherwise significantly impeded the Department's investigation. In determining what rate to use as BIA when a party refuses to provide requested information, the Department follows a two-tiered methodology. See, Final Determination of Sales at Less than Fair Value: Certain Hot-Rolled Carbon Steel Flat Products, Certain Cold-Rolled Carbon Steel Flat Products, and Certain Cut-to-Length Carbon Steel Plate from Belgium, 58 FR 37083, (July 9, 1993). Under this methodology, the Department uses as BIA the higher of (1) the margin alleged in the petition; or (2) the highest calculated rate of any respondent in the investigation. Since there is no calculated rate in this investigation, we have assigned to Aruna and all other exporters the highest rate contained in the petition with one adjustment. Petitioner based the highest rate on a comparison of average U.S. prices from import statistics with the highest of four home market price quotes as the basis for foreign market value (FMV). Rather than use the highest home market price quote as FMV, we have used an average of the four home market price quotes. We have made this adjustment because the petitioner used an average price derived from import statistics as U.S. price. On this basis we have calculated a BIA rate of 48.3 percent. Suspension of Liquidation In accordance with section 733(d)(1) of the Act, we are directing the U.S. Customs Service to suspend liquidation of all entries of certain cased pencils from Thailand that are entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. The Customs Service shall require a cash deposit or posting of a bond equal to the estimated preliminary dumping margin, as shown below. The suspension of liquidation will remain in effect until further notice. ------------------------------------------------------------------------ Margin Producer/Manufacturer/Exporter percentage ------------------------------------------------------------------------ All companies............................................... 48.3 ------------------------------------------------------------------------ ITC Notification In accordance with section 733(f) of the Act, we have notified the ITC of our determination. If our final determination is affirmative, the ITC will determine whether these imports are materially injuring, or threaten material injury to, the U.S. industry before the later of 120 days after the date of this preliminary determination or 45 days after our final determination. Public Comment In accordance with 19 CFR 353.38, case briefs or other written comments in at least ten copies must be submitted to the Assistant Secretary for Import Administration no later than July 1, 1994, and rebuttal briefs, no later than July 8, 1994. In accordance with 19 CFR 353.38(b), we will hold a public hearing, if requested, to afford interested parties an opportunity to comment on arguments raised in case or rebuttal briefs. Tentatively, the hearing will be held on July 12, 1994, at 10:00 a.m. at the U.S. Department of Washington, DC 20230. Parties should confirm by telephone the time, date, and place of the hearing 48 hours before the scheduled time. Interested parties who wish to request a hearing or to participate if one is requested, must submit a written request to the Assistant Secretary for Import Administration, U.S. Department of Commerce, room B-099, within ten days of the publication of this notice. Requests should contain (1) the party's name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. In accordance with 19 CFR 353.38(b), oral presentations will be limited to issues raised in the briefs. If this investigation proceeds normally, we will make our final determination by August 22, 1994. This determination is published pursuant to section 733(f) of the Act and 19 CFR 353.15(a)(4). Dated: June 8, 1994. Susan G. Esserman, Assistant Secretary for Import Administration. [FR Doc. 94-14625 Filed 6-15-94; 8:45 am] BILLLING CODE 3510-DS-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-14625. Public record. Not legal advice.