Notice of Final Determination of Sales at Less Than Fair Value: Certain Cased Pencils From Thailand

DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-808]

Notice of Final Determination of Sales at Less Than Fair Value:

Certain Cased Pencils From Thailand

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: August 31, 1994.

FOR FURTHER INFORMATION CONTACT:

Vincent Kane, Office of Countervailing Investigations, Import

Administration, U.S. Department of Commerce, 14th Street and

Constitution Avenue, N.W., Washington, DC 20230; telephone (202) 482-

2815.

Final Determination

We determine that imports of certain cased pencils form Thailand

are being, or are likely to be, sold in the United States at less than

fair value, as provided in section 735 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

The sole company under investigation was Aruna Company, Ltd.

(Aruna), a company accounting for over sixty percent of imports of the

subject merchandise during the period of investigation. Aruna did not

respond to our antidumping questionnaire.

Since our June 8, 1994 preliminary determination (59 FR 30915, June

16, 1994), the following events have occurred.

On May 11, and July 1, 1994, petitioner filed a case brief in this

investigation. We received no requests for a hearing.

Scope of Investigation

The products covered by this 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 classifiable 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 antidumping questionnaire,

we are basing our 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, the Department follows a

two-tiered methodology, whereby the Department normally assigns lower

margins to those respondents who cooperated in an investigation and

margins based on more adverse assumptions for those respondents who did

not cooperate in an investigation. See, Final Determination of Sales at

Less than Fair Value: Antifriction Bearings, Other than Tapered Roller

Bearings, from the Federal Republic of Germany (54 FR 18992 at 19033,

May 3, 1989). When a company refuses to cooperate with the Department

or otherwise significantly impedes our investigation, we use as BIA the

higher of the following margins for the relevant class or kind of

merchandise: (1) The highest margin alleged in the petition; or (2) the

highest calculated rate of any respondent in the investigation.

Because Aruna failed to respond to our antidumping questionnaire,

we consider it to be an uncooperative respondent. Accordingly, we have

assigned to Aruna the highest rate alleged in the petition, which is

115.52 percent. Petitioner calculated this rate based on comparison of

the average U.S. price based on IM-146 statistics on pencil imports

from Thailand with the highest home market price quote.

Continuation of Suspension of Liquidation

We are directing the Customs Service to suspend liquidation of all

entries of the subject merchandise from Thailand that are entered, or

withdrawn from warehouse, for consumption on or after June 16, 1994,

the date of publication of our preliminary determination in the Federal

Register (59 FR 30915, June 16, 1994), as previously directed under

section 733(d)(1) of the Act. The Customs Service shall require a cash

deposit or posting of a bond equal to the estimated dumping margins, as

shown below. The suspension of liquidation will remain in effect until

further notice. The weighted-average margins are as follows:

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

Margin

Manufacturer/producer/exporter percentage

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

All companies............................................... 115.52

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

ITC Notification

In accordance with section 735(d) of the Act, we have notified the

U.S. International Trade Commission (ITC) of our determination. Within

45 days the ITC will determine whether these imports are materially

injuring, or threaten material injury to, the U.S. industry. If the ITC

determines that material injury, or threat of material injury, does not

exist with respect to the subject merchandise, the proceeding will be

terminated and all securities posted will be refunded or canceled. If

the ITC determines that such injury or threat of injury does exist, the

Department will issue an antidumping duty order directing Customs

officials to collect antidumping duties on all imports of the subject

merchandise from Thailand entered, or withdrawn from warehouse, for

consumption on or after the effective date of the suspension of

liquidation.

Notice to Interested Parties

This notice also serves as the only reminder to parties subject to

administrative protective order (APO) of their responsibility, pursuant

to 19 CFR 353.34(d), concerning the return or destruction of

proprietary information disclosed under APO. Failure to comply is a

violation of the APO.

This determination is published pursuant to section 735(d) of the

Act (19 U.S.C. 1673d(d)) and 19 CFR 353.20(a)(4).

Dated: August 18, 1994.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 94-21443 Filed 8-30-94; 8:45 am]

BILLING CODE 3510-DS-M