82 FR 41608 - Certain Cased Pencils From the People's Republic of China: Continuation of Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 169 (September 1, 2017)

As a result of the determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on certain cased pencils from the People's Republic of China (PRC) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing this notice of continuation of the AD order.

[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Notices]
[Pages 41608-41609]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18588]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-827]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of the determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) order on certain cased 
pencils from the People's Republic of China (PRC) would likely lead to 
a continuation or recurrence of dumping and material injury to an 
industry in the United States, the Department is publishing this notice 
of continuation of the AD order.

DATES: Applicable September 1, 2017.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg, Office I, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-1785.

SUPPLEMENTARY INFORMATION: 

Background

    On December 28, 1994, the Department published the AD order on 
certain cased pencils from the PRC.\1\ On June 1, 2016, the Department 
published the notice of initiation of the fourth sunset review of the 
Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended 
(the Act).\2\ As a result of its review, the Department determined that 
revocation of the Order would likely lead to a continuation or 
recurrence of dumping.\3\ The Department, therefore, notified the ITC 
of the magnitude of the margins likely to prevail should the Order be 
revoked. On August 17, 2017, the ITC determined that revoking the Order 
on certain cased pencils from the PRC would be likely to lead to 
continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time.\4\
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    \1\ See Antidumping Duty Order: Certain Cased Pencils from the 
People's Republic of China, 59 FR 66909 (December 28, 1994) (Order).
    \2\ See Initiation of Five-Year (Sunset) Review, 81 FR 34974 
(June 1, 2016).
    \3\ See Certain Cased Pencils from the People's Republic of 
China: Final Results of Expedited Sunset Review of the Antidumping 
Duty Order, 81 FR 69513 (October 6, 2016), and accompanying Issues 
and Decision Memorandum.
    \4\ See Cased Pencils from China, Inv. No. 731-TA-669 (Fourth 
Review), 82 FR 40019 (August 23, 2017).
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Scope of the Order

    Imports covered by the Order are shipments of certain cased pencils 
of any shape or dimension (except as described below) 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 
the Order are currently classifiable under subheading 9609.10.00 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Specifically 
excluded from the scope of the Order are mechanical pencils, cosmetic 
pencils, pens, non-cased crayons (wax), pastels, charcoals, chalks, and 
pencils produced under U.S. patent number 6,217,242, from paper infused 
with scents by the means covered in the above-referenced patent, 
thereby having odors distinct from those that may emanate from pencils 
lacking the scent infusion. Also excluded from the scope of the Order 
are pencils with all of the following physical characteristics: (1) 
Length: 13.5 or more inches; (2) sheath diameter: Not less than one-
and-one quarter inches at any point (before sharpening); and (3) core 
length: Not more than 15 percent of the length of the pencil. In 
addition, pencils with all of the following physical

[[Page 41609]]

characteristics are excluded from the scope of the Order: Novelty jumbo 
pencils that are octagonal in shape, approximately ten inches long, one 
inch in diameter before sharpening, and three-and-one eighth inches in 
circumference, composed of turned wood encasing one-and-one half inches 
of sharpened lead on one end and a rubber eraser on the other end. The 
HTSUS subheadings are provided for convenience and customs purposes 
only; the written description of the merchandise covered by the scope 
of the Order is dispositive.

Continuation of the Order

    As a result of the determinations by the Department and the ITC 
that revocation of the Order would likely lead to continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), 
the Department hereby orders the continuation of the Order on certain 
cased pencils from the PRC. U.S. Customs and Border Protection will 
continue to collect AD cash deposits at the rates in effect at the time 
of entry for all imports of subject merchandise.
    The effective date of the continuation of the Order will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, the Department 
intends to initiate the next five-year review of the Order not later 
than 30 days prior to the fifth anniversary of the effective date of 
continuation.
    This five-year sunset review and this notice are in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act and 19 CFR 351.218(f)(4).

    Dated: August 28, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-18588 Filed 8-31-17; 8:45 am]
 BILLING CODE 3510-DS-P