Certain Cased Pencils From the People's Republic of China; Notice of Amended Final Determination of Sales at Less Than Fair Value and Amended Antidumping Duty Order in Accordance With Final Court Decision

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-827]

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

of Amended Final Determination of Sales at Less Than Fair Value and

Amended Antidumping Duty Order in Accordance With Final Court Decision

AGENCY: Import Administration, International Trade Administration, U.S.

Department of Commerce.

ACTION: Notice of Amended Final Determination of Sales at Less Than

Fair Value and Amended Antidumping Duty Order in Accordance With Final

Court Decision on Certain Cased Pencils from the People's Republic of

China.

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SUMMARY: On February 2, 1999, the US Court of Appeals for the Federal

Circuit issued a mandate affirming the US Court of International

Trade's affirmation of the Department of Commerce's voluntary remand

results of the final determination of sales at less than fair value in

the antidumping duty investigation of certain cased pencils from the

People's Republic of China. As there is now a final and conclusive

court decision in this action, we are amending our final determination

and our antidumping duty order.

EFFECTIVE DATE: May 11, 1999.

FOR FURTHER INFORMATION CONTACT: Roy Malmrose or Melani Miller, Import

Administration, International Trade Administration, US Department of

Commerce, 14th Street and Constitution Avenue, NW., Washington DC

20230; telephone: (202) 482-5414 and (202) 482-0116, respectively.

SUPPLEMENTARY INFORMATION:

Background

On November 8, 1994, the Department of Commerce (``the

Department'') published in the Federal Register its final determination

of sales at less than fair value (``LTFV'') on certain cased pencils

from the People's Republic of China (``PRC'') (59 FR 55625). Subsequent

to the publication of the Department's final determination, the

petitioners and the respondents challenged this determination before

the US Court of International Trade (``CIT''). The Department requested

a voluntary remand after concluding that it was appropriate to re-open

the administrative record for both factual information and argument to

allow parties an opportunity to address the issues of the appropriate

prices for US basswood and the appropriate methodology for valuing

slats and logs. On March 22, 1996, the Department filed its remand

determination with the CIT.

Following the filing of the Department's remand determination, the

CIT, on November 13, 1997, affirmed the Department's remand results in

Writing Instrument Manufacturers Association, Pencil Section, et. al.

v. United States, 984 F.Supp. 629 (CIT 1997), and upheld the Department

on all other challenged aspects of the final determination. Consistent

with the US Court of Appeals for the Federal Circuit's (``Federal

Circuit'') decision in Timken Co. v. United States, 893 F.2d 337 (Fed.

Cir. 1990), the Department published a ``Notice of Court Decision'' in

the Federal Register on December 11, 1997 (62 FR 65243). Pursuant to

section 516A(e) of the Tariff Act of 1930, as amended (``the Act''),

this notice ordered the continued suspension of liquidation of any

subject merchandise entered, or withdrawn from warehouse, for

consumption until a final and conclusive decision in the case was

reached.

In its Notice of Court Decision, the Department also announced that

it would instruct the Customs Service to begin suspension of

liquidation, effective November 23, 1997, with respect to subject

merchandise produced and exported by China First Co. Ltd. (``China

First'') pending a final and conclusive court decision in this action.

While exports of merchandise produced by China First were originally

excluded from the antidumping order, the Department's remand

determination found that merchandise exported and produced by China

First was, in fact, sold at LTFV.

On February 2, 1999, the Federal Circuit issued its mandate

affirming its December 11, 1998, judgement in Writing Instrument

Manufacturers Association, Pencil Section, et. al. v. United States,

Appeal Nos. 98-1178 and 98-1202 (Fed. Cir., December 11, 1998). This

December 11 judgement affirmed the CIT's November 13, 1997, decision

which upheld the Department's final and remand determinations in all

aspects.

As there is now a final and conclusive court decision with respect

to this proceeding, we are amending our final results of review and

antidumping order accordingly.

Inclusion in the Application of the Antidumping Duty Order

As discussed above and pursuant to the affirmed remand

determination, China First is no longer excluded from the antidumping

duty order issued in

[[Page 25276]]

this case (see Antidumping Duty Order: Certain Cased Pencils from the

PRC, 59 FR 66909 (December 28, 1994)) (``Antidumping Duty Order'').

Therefore, as noted above, subject merchandise exported by China First,

irrespective of the identity of the producer, will be subject to a rate

of 8.60 percent.

Amendment to Final Determination and Antidumping Order

Because there is now a final and conclusive decision in this court

proceeding, effective as of the publication date of this notice, the

final dumping margins and the PRC country-wide (``all others'') rate

are as follows:

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

Margin

Manufacturer/producer/exporter percentage

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

China First................................................ 8.60

Shanghai Lansheng Corp..................................... 19.36

Shanghai Foreign Trade Corp................................ 11.15

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

Guangdong Stationery/all other producers................... 53.65

PRC country-wide rate...................................... 53.65

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

The above-listed rate for Shanghai Lansheng Corp. (``Shanghai

Lansheng'') will not affect that company's deposit or assessment rates

for any segment of this proceeding. Since publication of the LTFV final

determination and order, the Department has completed, pursuant to

section 751(a) of the Act, an administrative review covering Shanghai

Lansheng's entries for the period December 21, 1994, through November

30, 1995. (See Certain Cased Pencils from the People's Republic of

China; Final Results of Antidumping Duty Administrative Review, 62 FR

24636 (May 6, 1997) and Preliminary Results and Partial Rescission of

Antidumping Duty Administrative Review, 62 FR 1734 (January 13, 1997)

(``1994-1995 Review''). In that review, the Department determined that

Shanghai Lansheng was no longer entitled to a separate rate, and its

entries for that period will be assessed at the PRC country-wide rate,

which is also its cash deposit rate. Therefore, pursuant to our

determination in the 1994-1995 Review, we will continue to instruct the

Customs Service to collect a cash deposit rate of 53.65 for Shanghai

Lansheng.

Also, as was noted above, China First is no longer excluded from

the antidumping duty order issued in this case. Therefore, the

Department will instruct the Customs Service to collect a cash deposit

rate of 8.60 percent for China First. Guangdong Stationery/Three Star

Stationery continues to be excluded from the antidumping order (see

Antidumping Duty Order).

In all other cases, the Department will instruct the Customs

Service to change the cash deposit requirements in accordance with the

above rates.

Dated: May 5, 1999.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 99-11889 Filed 5-10-99; 8:45 am]

BILLING CODE 3510-DS-P