Antidumping Duty Order: Certain Cased Pencils from the People's Republic of China

DEPARTMENT OF COMMERCE

[A-570-827]

Antidumping Duty Order: Certain Cased Pencils from the People's

Republic of China

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: December 28, 1994.

FOR FURTHER INFORMATION CONTACT:

Kristin Heim 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-

3798 or (202) 482-5055, respectively.

Scope of Order

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 this investigation 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, and chalks.

Although the HTSUS subheading is provided for convenience and

customs purposes, our written description of the scope of this

investigation is dispositive.

Antidumping Duty Order

In accordance with section 735(a) of the Tariff Act of 1930, as

amended (``the Act''), on October 31, 1994, the Department of Commerce

(``the Department'') made its final determination that certain cased

pencils from the people's Republic of China (``PRC'') were being sold

at less than fair value (59 FR 55625, November 8, 1994). On December

15, 1994, the International Trade Commission notified the Department of

its final determination, pursuant to section 735(b)(1)(A)(ii) of the

Act, that an industry in the United States is threatened with material

injury by reason of imports of the subject merchandise. Additionally,

pursuant to section 735(b)(4)(B) of the Act (19 U.S.C. 1673d(b)(4)(B)),

the ITC examined whether material injury would have been found but for

the suspension of liquidation of the merchandise. The ITC determined

that such was not the case.

When the ITC finds threat of material injury, and makes a negative

``but for'' finding, the ``Special Rule'' provision of section

736(b)(2) of the Act applies. Therefore, all entries of certain cased

pencils from the People's Republic of China, entered or withdrawn from

warehouse, for consumption, made on or after the date on which the ITC

publishes its final affirmative determination of threat of material

injury in the Federal Register (which is currently scheduled for

December 21, 1994), will be liable for the assessment of antidumping

duties.

The Department will direct the U.S. Customs Service to terminate

the suspension of liquidation for the entries of certain cased pencils

from the People's Republic of China, entered or withdrawn from

warehouse, for consumption, before the date on which the ITC publishes

its final affirmative determination of threat of material injury in the

Federal Register (which is currently scheduled for December 21, 1994),

and to release any bond or other security, and refund any cash deposit,

posted to secure the payment of estimated antidumping duties with

respect to those entries. For entries on or after that date, the U.S.

Customs officers must require, at the same time as importers would

normally deposit estimated duties on this merchandise, a cash deposit

equal to the estimated weighted-average antidumping duty margins as

noted below.

In our final determination, we calculated zero margins for two of

the exporters, China First and Guangdong. We stated that in accordance

with 19 CFR section 353.21 and consistent with Jia Farn Manufacturing

Co., Ltd. v. United States, Slip Op. 93-42 (March 26, 1993); we would

exclude from an order imports of subject merchandise that are sold by

either China First or Guangdong and manufactured by the producers whose

factors formed the basis for the zero margin. At the time of our final

determination, we were unable to reveal the names of the corresponding

producers as their identities were business proprietary. Thus, we

referred to the corresponding producers as Company A and Company B.

Subsequent to our final determination, we have received authorization

from those two exporters through their counsel that the names of the

corresponding producers are now public. Therefore, we have identified

these producers below. Additionally, the ``All Others'' rate applies to

all exporters of PRC cased pencils not specifically listed below.

The ad valorem weighted-average dumping margins are as follows:

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

Manufacturer/producer/exporter Percentage

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

China First/China First.................................... 0.00

China First/Any other manufacturer......................... 44.66

Guangdong/Three Star Stationery............................ 0.00

Guangdong Any other manufacturer........................... 44.66

SFTC....................................................... 8.31

Shanghai Lansheng.......................................... 17.45

All Others................................................. 44.66

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

In accordance with section 736(a)(1) of the Act (19 U.S.C.

1673e(a)(1), the Department will direct Customs officers to assess,

upon further advice by the Department, antidumping duties equal to the

amount by which the foreign market value of the merchandise exceeds the

United States price for all relevant entries of certain cased pencils

from the PRC. Customs officers must require, at the same time as

importers would normally deposit estimated duties on this merchandise,

a cash deposit equal to the estimated weighted-average antidumping duty

margins. In accordance with section 736(b)(2), these antidumping duties

will be assessed on all unliquidated entries of certain cased pencils

from the People's Republic of China which were entered, or withdrawn

from warehouse, for consumption, on or after the date on which the ITC

publishes its final affirmative determination of threat of material

injury in the Federal Register.

This notice constitutes the antidumping duty order with respect to

certain cased pencils from the PRC, pursuant to section 736(a) of the

Act. Interested parties may contact the Central Records Unit, room B-

099 of the Main Commerce Building, for copies of an updated list of

antidumping orders currently in effect.

This order is published in accordance with section 736(a) of the

Act and 19 CFR 353.21.

Dated: December 21, 1994.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 94-31960 Filed 12-27-94; 8:45 am]

BILLING CODE 3510-DS-M