Notice2023-05169
Certain Cased Pencils From the People's Republic of China: Continuation of Antidumping Duty Order
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 14, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the International Trade Commission (ITC) in their five year (sunset) review that revocation of the antidumping duty (AD) order on certain cased pencils (pencils) from the People's Republic of China (China) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD order on pencils from China.
Full Text
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<title>Federal Register, Volume 88 Issue 49 (Tuesday, March 14, 2023)</title>
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[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Notices]
[Page 15673]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05169]
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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 U.S. Department of
Commerce (Commerce) and the International Trade Commission (ITC) in
their five year (sunset) review that revocation of the antidumping duty
(AD) order on certain cased pencils (pencils) from the People's
Republic of China (China) would likely lead to a continuation or
recurrence of dumping and material injury to an industry in the United
States, Commerce is publishing a notice of continuation of the AD order
on pencils from China.
DATES: Applicable March 14, 2023.
FOR FURTHER INFORMATION CONTACT: Katherine Johnson, AD/CVD Operations,
Office VIII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4929.
SUPPLEMENTARY INFORMATION:
Background
On December 28, 1994, Commerce published in the Federal Register
the AD order on pencils from China.\1\ On August 1, 2022, the ITC
instituted \2\ and Commerce initiated \3\ the fifth five-year (sunset)
review of the Order, pursuant to sections 751(c) and 752 of the Tariff
Act of 1930, as amended (the Act). Commerce conducted an expedited
(120-day) sunset review of the Order, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of its
review, Commerce determined that revocation of the Order would likely
lead to a continuation or recurrence of dumping. Therefore, Commerce
notified the ITC of the magnitude of the margin of dumping likely to
prevail were the Order to be revoked.\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 Cased Pencils from China; Institution of a Five-Year
Review, 87 FR 46998 (August 1, 2022).
\3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 46943
(August 1, 2022).
\4\ See Certain Cased Pencils from the People's Republic of
China: Final Results of the Expedited Fifth Sunset Review of the
Antidumping Duty Order, 87 FR 71582 (November 23, 2022).
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On March 8, 2023, the ITC published its determination, pursuant to
sections 751(c) and 752(a) of the Act, that revocation of the Order
would likely lead to a continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
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\5\ See Cased Pencils from China, 88 FR 14391 (March 8, 2023).
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Scope of the Order
The products covered by the sunset review of this Order are 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 this Order are currently classified under subheading
9609.10.00 of the Harmonized Tariff Schedules of the United States
(HTSUS). Specifically excluded from the scope of this 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
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
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.
Although the HTSUS subheading is provided for convenience and
customs purposes; our written description of the scope of the Order is
dispositive.
Continuation of the Order
As a result of the determinations by Commerce and the ITC that
revocation of the Order would likely lead to a continuation or
recurrence of dumping, and material injury to an industry in the United
States, pursuant to sections 751(c) and 751(d)(2) of the Act, Commerce
hereby orders the continuation of the Order. 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, Commerce intends to initiate
the next five-year review of this Order not later than 30 days prior to
the fifth anniversary of the effective date of continuation.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which
may be subject to sanctions.
This five-year (sunset) review and notice are in accordance with
sections 751(c) and (d)(2), and 777(i)(1) the Act, and 19 CFR
351.218(f)(4).
Dated: March 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-05169 Filed 3-13-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 14, 2023.
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