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75450 Federal Register / Vol. 70, No.

243 / Tuesday, December 20, 2005 / Notices

duty order 90 days after the date on Operations, International Trade or not tipped (e.g., with erasers, etc.) in
which the preliminary results are Administration, U.S. Department of any fashion, and either sharpened or
issued. Section 351.214(i)(2) of the Commerce, 14th Street and Constitution unsharpened. The pencils subject to the
Department’s regulations state, however, Avenue, NW, Washington, DC, 20230. order are classified under subheading
that if the Department determines that a SUMMARY: The U.S. Department of 9609.10.00 of the Harmonized Tariff
new shipper review is extraordinarily Commerce (Department), pursuant to Schedule of the United States (HTSUS).
complicated, the Department may section 751(c) of the Tariff Act of 1930, Specifically excluded from the scope of
extend the 90-day period to 150 days. as amended (the Act), has determined the order are mechanical pencils,
The Department finds that the that revocation of the antidumping duty cosmetic pencils, pens, non–cased
complicated nature of this review order on certain cased pencils (pencils) crayons (wax), pastels, charcoals,
necessitates an extension of time from the People’s Republic of China
chalks, and pencils produced under
beyond the 90-day period to complete (PRC) would likely lead to continuation
or recurrence of dumping. On December U.S. patent number 6,217,242, from
the final results.
6, 2005, the International Trade paper infused with scents by the means
On October 17, 2005, the Department
Commission (ITC), pursuant to section covered in the above–referenced patent,
granted the Coalition for the
Preservation of American Brake Drum 751(c) of the Act, determined that thereby having odors distinct from those
and Rotor Aftermarket Manufacturers revocation of the antidumping duty that may emanate from pencils lacking
(‘‘Petitioner’’) an extension of time to order on pencils from the PRC would the scent infusion. Also excluded from
file publicly available information to likely lead to continuation or recurrence the scope of the order are pencils with
value certain factors of production in of material injury to an industry in the all of the following physical
the final results of the review. In United States within a reasonably characteristics: 1) length: 13.5 or more
addition, on October 25, 2005, the foreseeable time. Therefore, pursuant to inches; 2) sheath diameter: not less than
Department granted respondents 19 CFR 351.218(f)(4), the Department is one–and-one quarter inches at any point
Laizhou Wally Automobile Co., Ltd. publishing notice of the continuation of (before sharpening); and 3) core length:
(‘‘Wally’’) and Dixion Brake System the antidumping duty order on pencils not more than 15 percent of the length
(Longkou) Ltd. an extension of time to from the PRC. of the pencil.
file their case briefs and rebuttal briefs. SUPPLEMENTARY INFORMATION:
Although the HTSUS subheading is
As a result of these extensions, the Background provided for convenience and customs
Department requires additional time to purposes, our written description of the
analyze the complex issues contained in On July 1, 2005, the Department
initiated, and the ITC instituted, a scope of the order is dispositive.
the parties’ comments and briefs,
including the Petitioner’s argument sunset review of the antidumping duty Determination
regarding the bona fide nature of order on pencils from the PRC, pursuant
Wally’s sales. to section 751(c) of the Act. See As a result of the determinations by
Therefore, for the reasons cited above, Initiation of Five–Year (Sunset) Reviews, the Department and the ITC that
we are extending the time limit for the 70 FR 38101 (July 1, 2005) and Cased revocation of this antidumping duty
completion of the final results of this Pencils from China, 70 FR 38192 (July order would be likely to lead to
review by 30 days, until no later than 1, 2005). As a result of its review, the continuation or recurrence of dumping
January 18, 2006. This notice is Department found that revocation of the and material injury to an industry in the
published in accordance with section antidumping duty order would likely United States, pursuant to section
751(a)(2)(B)(iv) of the Act and section lead to continuation or recurrence of 751(d)(2) of the Act, the Department
351.214(i)(2) of the Department’s dumping and notified the ITC of the
hereby orders the continuation of the
regulations. magnitude of the margins likely to
antidumping duty order on pencils from
prevail were the order revoked. See
Dated: December 13, 2005. Certain Cased Pencils from the People’s the PRC. U.S. Customs and Border
Stephen J. Claeys, Republic of China (PRC); Notice of Final Protection will continue to collect
Deputy Assistant Secretaryfor Import Results of Expedited Sunset Review of antidumping duty deposits at the rates
Administration. Antidumping Duty Order, 70 FR 67427 in effect at the time of entry for all
[FR Doc. E5–7563 Filed 12–19–05; 8:45 am] (November 7, 2005). On November 15, imports of subject merchandise. The
BILLING CODE 3510–DS–S 2005, the ITC determined, pursuant to effective date of continuation of this
section 751(c) of the Act, that revocation order is the date of publication in the
of the antidumping duty order on Federal Register of this Notice of
DEPARTMENT OF COMMERCE pencils would likely lead to Continuation. Pursuant to sections
continuation or recurrence of material 751(c)(2) and 751(c)(6) of the Act, the
International Trade Administration Department intends to initiate the next
injury to an industry in the United
A–570–827 States within a reasonably foreseeable five–year review of this order not later
time. See Cased Pencils from China, 70 than November 2010.
Notice of Continuation of Antidumping FR 72652 (December 6, 2005). We are issuing and publishing the
Duty Order on Certain Cased Pencils
Scope of the Order results and notice in accordance with
from the People’s Republic of China
Imports covered by this order are sections 751(c) and 777(i)(1) of the Act.
AGENCY: Import Administration, shipments of certain cased pencils of Dated: December 13, 2005.
International Trade Administration, any shape or dimension (except as Stephen J. Claeys,
Department of Commerce. noted below) which are writing and/or Acting Assistant Secretaryfor Import
EFFECTIVE DATE: December 20, 2005. drawing instruments that feature cores Administration.
FOR FURTHER INFORMATION CONTACT: of graphite or other materials, encased [FR Doc. E5–7560 Filed 12–19–05; 8:45 am]
Maureen Flannery at (202) 482–3020 or in wood and/or man–made materials,
Paul Stolz at (202) 482–4474, AD/CVD whether or not decorated and whether

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