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|Certain Cased Pencils from China||
Case Number: A-570-827
Anniversary Month: December
Beijing Dixon Stationery -- 3.55%
China First Pencil Company, Ltd. (which
includes subsidiaries Shanghai First
Writing Instrument Co., Ltd.; Shanghai
Great Wall Pencil Co., Ltd.; and China
First Pencil Fang Zheng Co., Ltd.)
Orient International Holding Shanghai
Foreign Trade Corporation -- 3.55%
Shandong Rongxin Import and Export
Co., Ltd. -- 3.55%
Shanghai Three Star Stationery Industry
Co., Ltd -- 6.10%
PRC-wide Rate 114.90% %
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 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.
Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of the order is dispositive. .
History | Current Rates
Antidumping duties on cased pencils from China - plummet in Final Results of antidumping duty administrative review affecting December 1, 2007, through November 30, 2008 entries
On July 7, 2009, the U.S. Department of Commerce published the Final Results of its antidumping duty administrative review of certain cased pencils from China affecting December 1, 2007, through November 30, 2008 entries. The Department of Commerce determined that China First Pencil Co., and Shanghai Three Star were dumping cased pencils in the United States. The Department of Commerce calculated rates of 1.00% for China First Pencil, and 6.10% for Shanghai Three Star Stationary Industry. Successful Separate Rate Applicants were preliminarily assigned a rate of 3.55%. In the previous review, the rate for China First Pencil was 26.32%, and the rate for Shanghai Three Star Stationary Industry was 60.91%.
IMPORTERS - watch the liquidation instructions and liquidations carefully. If there are any errors in the instructions, you must sue the Department of Commerce within 2 years. If the U.S. Customs and Border Protection does not liquidate your entries within 6 months of publication of the final, the merchandise liquidates as entered. In this case, that would mean (depending on your supplier) you would lose a refund you are entitled to, or by law escape higher liability.
Administrative Review 00-01: initiation| initiation2 | Prelim | Final | I & D
Administrative Review 01-02: initiation| Prelim | Final | Final (amended) | I & D | Timken
Administrative Review 02-03: initiation| Prelim | Final (amended) | Timken | Final(amended 2)
Administrative Review 03-04: Final & Partial Rescission | Final (amended)
Administrative Review 04-05: Intiation| Partial Rescission | Prelim | Final
Changed Circumstances Review 2005: Final
Administrative Review 06-07: Initiation|Prelim & Partial Rescission|Final & Partial Rescission|
Administrative Review 07-08: Initiation | Prelim | Final
AAdministrative Review 09-10: Initiation | Prelim & Partial Rescission | Final
Sunset Review 2010: Initiation
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