Certain Cased Pencils From the People's Republic of China; Final Results of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-827]

Certain Cased Pencils From the People's Republic of China; Final

Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,

Commerce.

ACTION: Notice of final results of antidumping duty administrative

review.

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

SUMMARY: On January 13, 1997, the Department of Commerce (the

Department) published the preliminary results and partial rescission of

an administrative review of the antidumping duty order on certain cased

pencils (pencils) from the People's Republic of China (PRC) covering

the period of December 21, 1994, through November 30, 1995 (62 FR

1734). We gave interested parties an opportunity to comment on our

preliminary results. We received no comments. Therefore, the

preliminary results are unaltered. The review indicates the existence

of a PRC-wide dumping margin of 44.66 percent for this period.

EFFECTIVE DATE: May 6, 1997.

FOR FURTHER INFORMATION CONTACT: Paul Stolz or Thomas Futtner, Office

of Antidumping/Countervailing Duty Enforcement, Import Administration,

US Department of Commerce, 14th Street and Constitution Avenue NW.,

Washington, DC 20230, telephone (202) 482-4474/3814.

Applicable Statute

Unless otherwise indicated, all citations to the statute are

references to the provisions effective January 1, 1995, the effective

date of the amendments made to the Tariff Act of 1930 (the Act), by the

Uruguay Round Agreements Act (URAA). In addition, unless otherwise

indicated, all citations to the Departments regulations are to the

current regulations, as amended by the interim regulations published in

the Federal Register on May 11, 1995 (60 FR 25130).

SUPPLEMENTARY INFORMATION:

Scope of the Review

The products covered by this review 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 review 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-case

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 review is dispositive.

Background

The antidumping duty order on pencils from the PRC was published on

December 28, 1994 (59 FR 66909). On January 13, 1997, the Department

published in the Federal Register the preliminary results of its review

of this order for the period December 21, 1994 through November 30,

1995 POR. In our notice of January 13, 1997, we rescinded the review as

to the several companies

[[Page 24637]]

which reported that they had no shipments of subject merchandise during

the POR and as to China First Pencil Company, Ltd. (China First) and

Guangdong Provincial Stationery & Sporting Goods Import and Export

Corporation (Guangdong). With respect to China First and Guangdong, we

verified that the only subject merchandise exported by these firms

during the December 21, 1994 through November 30, 1995 POR was

merchandise excluded from the order (i.e., manufactured by the

factories upon which the zero margins in the less-than-fair-value

investigation were based). See Antidumping Duty Order: Certain Cased

Pencils from the People's Republic of China, 59 FR 66909, (December 28,

1994). Therefore, these final results apply only to the PRC-wide entity

which includes the remaining respondents in this review which did not

reply to our questionnaire and show that they were entitled to a rate

separate from the PRC entity.

Final Results of the Review

We gave interested parties an opportunity to comment on our

preliminary results. We received no comments. Therefore, the

preliminary results are unaltered. Based on the rationale set forth in

our preliminary determination, we have determined that a margin of

44.66 percent exists for the PRC entity for the period December 21,

1994 through November 30, 1995. (This rate applies to all exports of

pencils from the PRC other than those produced and exported by China

First and those produced by Shanghai Three Star Stationery Company,

Ltd. (Three Star) and exported by Guangdong, and those exported by

Shanghai Foreign Trade Corporation (SFTC), an exporter which was

previously determined to be entitled to a separate rate, and for which

the petitioner withdrew its request for this administrative review.)

The weighted-average dumping margins are as follows:

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

Weighted

Manufacturer/ producer/ exporter average margin

percentage

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

PRC Rate............................................... 44.66

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

The U.S. Customs Service shall assess antidumping duties on all

appropriate entries. Individual differences between United States price

and normal value may vary from the percentage stated above. The

Department will issue appraisement instructions concerning the

respondent directly to the U.S. Customs Service.

Furthermore, the following deposit requirements will be effective

for all shipments of the subject merchandise, entered, or withdrawn

from warehouse, for consumption on or after the publication date of

these final results of administrative review, as provided for by

section 751(a)(1) of the Act: (1) No cash deposit is required for

entries of subject merchandise both produced by China First and

exported by China First, or for subject merchandise both produced by

Three Star Stationery and exported by Guangdong; (2) the cash deposit

rate for merchandise exported by China First and produced by any

manufacturer other than China First, merchandise exported by Guangdong

and produced by any manufacturer other than Three Star, and merchandise

exported by all other PRC exporters will be the PRC rate of 44.66

percent; (3) the cash deposit rate for SFTC will be 8.31 percent; and

(4) for non-PRC exporters of subject merchandise from the PRC, the cash

deposit rate will be the rate of its supplier, i.e., the PRC rate.

These deposit requirements shall remain in effect until publication

of the final results of the next administrative review. This notice

serves as the final reminder to importers of their responsibility under

19 CFR 353.26 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.

This notice also serves as a reminder to parties subject to

administrative protective order (APO) of their responsibility

concerning the disposition of proprietary information disclosed under

APO in accordance with 19 CFR 353.34(d). Timely written notification or

conversion to judicial protective order is hereby requested. Failure to

comply with the regulations and the terms of the APO is a sanctionable

violation.

This administrative review and notice are in accordance with

section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR

353.22.

Dated: April 30, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import Administration.

[FR Doc. 97-11756 Filed 5-5-97; 8:45 am]

BILLING CODE 3510-DS-P