Message body
Full text as published by U.S. Customs and Border Protection
MESSAGE NO: 5010117
DATE: 01 10 1995
CATEGORY: ADA
TYPE: ORD
REFERENCE:
REFERENCE DATE:
CASES:
A - 570 - 827
-
-
-
-
-
-
-
-
-
-
PERIOD COVERED:
12 28 1994
TO
LIQ SUSPENSION DATE:
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS
FROM: DIRECTOR, TRADE COMPLIANCE DIVISION
RE: ANTIDUMPING ORDER ON CERTAIN CASED PENCILS FM THE PRC
(A-570-827)
1.
ON DECEMBER 28, 1994, THE DEPARTMENT OF COMMERCE PUBLISHED IN
THE FEDERAL REGISTER ITS ANTIDUMPING DUTY ORDER IN THE
INVESTIGATION OF CERTAIN CASED PENCILS FROM THE PEOPLE'S REPUBLIC
OF CHINA (PRC).
2.
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.
3.
FOR FURTHER REPORTING PURPOSES, THIS CASE HAS BEEN ASSIGNED
THE FOLLOWING INVESTIGATION NUMBER: (A-570-827).
4.
THE INTERNATIONAL TRADE COMMISSION (ITC) NOTIFIED THE
DEPARTMENT OF COMMERCE THAT IMPORTS OF CERTAIN CASED PENCILS FROM
THE PEOPLE'S REPUBLIC OF CHINA (PRC) THREATEN MATERIAL INJURY TO
THE U.S. INDUSTRY.
THE ITC DID NOT DETERMINE, BUT FOR THE
SUSPENSION OF LIQUIDATION OF ENTRY SUMMARIES OF CERTAIN CASED
PENCILS FROM THE PRC, THE DOMESTIC INDUSTRY WOULD HAVE BEEN
MATERIALLY INJURED.
CRITICAL CIRCUMSTANCES NO LONGER APPLIES TO
THIS INVESTIGATION.
THEREFORE, THE CUSTOMS SERVICE SHALL
TERMINATE SUSPENSION, REFUND ANY CASH DEPOSIT AND RELEASE ANY
BOND OR OTHER SECURITY OF CERTAIN CASED PENCILS FROM THE PRC FOR
ENTRY SUMMARIES ENTERED OR WITHDRAWN FROM WAREHOUSE FOR
CONSUMPTION PRIOR TO DECEMBER 21, 1994, THE DATE OF PUBLICATION
OF THE ITC'S FINAL DETERMINATION IN THE FEDERAL REGISTER.
INTEREST PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930 DO
NOT APPLY.
THE CUSTOMS SERVICE SHALL CONTINUE TO SUSPEND LIQUIDATION FOR
CERTAIN CASED PENCILS FROM THE PRC (### EXCEPT FOR THOSE
DESCRIBED IN PARAGRAPH 5
A-570-827-001 & A570-827-004 ###)
WITH RESPECT TO ENTRY SUMMARIES ENTERED OR WITHDRAWN WAREHOUSE,
FOR CONSUMPTION ON OR AFTER DECEMBER 21, 1994, THE DATE OF
PUBLICATION OF THE ITC'S FINAL DETERMINATION IN THE FEDERAL
REGISTER.
5.
THE DEPARTMENT OF COMMERCE IS EXCLUDING FROM THE APPLICATION
OF THE ORDER PRODUCTS THAT ARE SOLD BY EITHER CHINA FIRST OR
GUANGDONG PROVINCIAL AND MANUFACTURED BY THE PRODUCERS WHOSE
INFORMATION FORMED THE BASIS FOR THE ZERO MARGIN.
THEREFORE, THE
AD VALOREM WEIGHTED-AVERAGE DUMPING MARGINS FOR ANY PRODUCTS
PRODUCED BY CHINA FIRST AND EXPORTED BY CHINA FIRST AND ANY
PRODUCTS MANUFACTURED BY THREE STAR STATIONERY AND EXPORTED BY
GUANGDONG STATIONERY ARE ZERO.
HOWEVER, THE AD VALOREM WEIGHTED-AVERAGE DUMPING MARGINS FOR
CASED PENCILS MANUFACTURED BY ANY OTHER PRC MANUFACTURER AND
EXPORTED BY EITHER CHINA FIRST OR GUANGDONG IS 44.66 PERCENT (THE
"ALL OTHER RATE").
IN ORDER TO COMPLY WITH THE ABOVE, THE CUSTOMS SERVICE SHOULD
PROCEED IN THE FOLLOWING MANNER WITH RESPECT TO IMPORTS OF CASED
PENCILS FROM CHINA FIRST AND GUANGDONG PROVINCIAL:
IF CHINA FIRST IS THE EXPORTER AND CHINA FIRST IS ALSO THE
MANUFACTURER/PRODUCER (A-570-827-004), THEN THE DUMPING
MARGIN/CASH DEPOSIT RATE EQUALS 0.00 PERCENT, (### EXCLUDED ###)
IF CHINA FIRST IS THE EXPORTER AND CHINA FIRST IS NOT THE
MANUFACTURER/PRODUCER (A-570-827-000), THEN THE DUMPING
MARGIN/CASH DEPOSIT RATE EQUALS 44.66 PERCENT, THE "ALL OTHER
RATE",
IF GUANGDONG PROVINCIAL IS THE EXPORTER AND THREE STAR IS THE
MANUFACTURER/PRODUCER (A-570-827-001), THEN THE DUMPING
MARGIN/CASH DEPOSIT RATE EQUALS 0.00 PERCENT, (### EXCLUDED ###)
IF GUANGDONG IS THE EXPORTER AND THREE STAR IS NOT THE
MANUFACTURER/PRODUCER (A-570-827-000), THEN THE DUMPING
MARGIN/CASH DEPOSIT RATE EQUALS 44.66 PERCENT, THE "ALL OTHER
RATE".
EFFECTIVE DECEMBER 28, 1994, THE CUSTOMS SERVICE SHALL REQUIRE A
CASH DEPOSIT EQUAL TO THE MARGINS BELOW:
MANUFACTURER/
CUSTOMS ID #
AD VALOREM
PRODUCER/EXPORTER
CHINA FIRST CO. LTD.
A-570-827-004
0.00%
(### EXCLUDED ###)
(SEE PARAGRAPH 5 FOR FURTHER EXPLANATION)
SHANGHAI LANSHENG CORP.
A-570-827-003
17.45%
SHANGHAI FOREIGN TRADE CORP. A-570-827-002
8.31%
GUANGDONG PROVINCIAL
A-570-827-001
0.00%
(### EXCLUDED ###)
(SEE PARAGRAPH 5 FOR FURTHER EXPLANATION)
ALL OTHER
A-570-827-000
44.66%
6.
IF THERE ARE ANY QUE TIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH
THE REGIONAL
ANTIDUMPING/COUNTERVAILING DUTY COORDINATOR, TRADE COMPLIANCE
DIVISION, ANTIDUMPING/COUNTERVAILING DUTY BRANCH, USING ATTRIBUTE
"HQ OAB".
THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES
SHOULD CONTACT KRISTIN HEIM, OFFICE OF COUNTERVAILING DUTY
INVESTIGATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-3798.
7.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
NANCY MCTIERNAN