[Federal Register Volume 74, Number 26 (Tuesday, February 10, 2009)]
[Notices]
[Pages 6573-6575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2765]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-844]


Certain Lined Paper Products From India: Final Results of 
Countervailing Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 6, 2008, the U.S. Department of Commerce (``the 
Department'') published in the Federal Register its preliminary results 
of the administrative review of the countervailing duty (``CVD'') order 
on certain lined paper products (``lined paper'') from India for the 
period of review (``POR'') February 15, 2006, through December 31, 
2006.\1\ See Certain Lined Paper Products from India: Notice of 
Preliminary Results of Countervailing Duty Administrative Review, 73 FR 
58121 (October 6, 2008) (``Preliminary Results''). We found that 
respondent, Navneet Publication India Limited (``Navneet'') received 
countervailable subsidies during the POR. We received comments on our 
preliminary results from petitioners \2\ and rebuttal comments from 
respondent. The final results are listed in the section ``Final Results 
of Review'' below.

DATES: Effective Date: February 10, 2009.

FOR FURTHER INFORMATION CONTACT: Jolanta Lawska at (202) 482-8362, AD/
CVD Operations, Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW., Washington, DC 20230.
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    \1\ Pursuant to 19 CFR 351.213(e)(2)(ii), because the Department 
received Navneet's request during the first anniversary month after 
publication of the order, this administrative review covers entries 
from February 15, 2006, the date of suspension of liquidation 
through December 31, 2006, the end of the most recently completed 
calendar year. The date of suspension of liquidation corresponds to 
the publication in the Federal Register of the Notice of Preliminary 
Affirmative Countervailing Duty Determination and Preliminary 
Negative Critical Circumstances Determination: Certain Lined Paper 
Products from India, 71 FR 7916 (February 15, 2006) (Preliminary 
Determination of Lined Paper Investigation). However, for purposes 
of this administrative review, we will analyze data corresponding to 
calendar year 2006 (January 1, 2006, through December 31, 2006) to 
determine the subsidy rate for exports of subject merchandise made 
during the period in which liquidation of entries was suspended.
    \2\ Petitioners are the Association of American School Paper 
Suppliers and its members Mead Westvaco Corporation, Top Flight 
Inc., and Norcom Inc.

SUPPLEMENTARY INFORMATION:

Background

    On September 28, 2006, the Department published in the Federal 
Register the CVD order on certain lined paper products from India. See 
Notice of Amended Final Determination of Sales at Less Than Fair Value: 
Certain Lined Paper Products from the People's Republic of China; 
Notice of Antidumping Duty Orders: Certain Lined Paper Products from 
India, Indonesia and the People's Republic of China; and Notice of 
Countervailing Duty Orders: Certain Lined Paper Products from India and 
Indonesia, 71 FR 56949 (September 28, 2006). On October 6, 2008, the 
Department published in the Federal Register its preliminary results of 
the administrative review of this order for the period February 15, 
2006, through December 31, 2006. See Preliminary Results, 73 FR at 
58121. In accordance with 19 CFR 351.213(b), this administrative review 
covers Navneet, a producer and exporter of subject merchandise.
    In the Preliminary Results, we invited interested parties to submit 
briefs or request a hearing. On November 13, 2008, we received comments 
from petitioners. On November 26, 2008, we received rebuttal comments 
from respondent. No party requested a hearing.

Scope of Order

    The scope of this order includes certain lined paper products, 
typically school supplies,\3\ composed of or including paper that 
incorporates straight horizontal and/or vertical lines on ten or more 
paper sheets,\4\ including but not limited to such products as single- 
and multi-subject notebooks, composition books, wireless notebooks, 
looseleaf or glued filler paper, graph paper, and laboratory notebooks, 
and with the smaller dimension of the paper measuring 6 inches to 15 
inches (inclusive) and the larger dimension of the paper measuring 8\3/
4\ inches to 15 inches (inclusive). Page dimensions are measured size 
(not advertised, stated, or ``tear-out'' size), and are measured as 
they appear in the product (i.e., stitched and folded pages in a 
notebook are measured by the size of the page as it appears in the 
notebook page, not the size of the unfolded paper). However, for 
measurement purposes, pages with tapered or rounded edges shall be 
measured at their longest and widest points. Subject lined paper 
products may be loose, packaged or bound using any binding method 
(other than case bound through the inclusion of binders board, a spine 
strip, and cover wrap). Subject merchandise may or may not contain any 
combination of a front cover, a rear cover, and/or backing of any 
composition, regardless of the inclusion of images or graphics on the 
cover, backing, or paper. Subject merchandise is within the scope of 
this order whether or not the lined paper and/or cover are hole 
punched, drilled, perforated, and/or reinforced. Subject merchandise 
may contain accessory or informational items including but not limited 
to pockets, tabs, dividers, closure devices, index cards, stencils, 
protractors, writing implements, reference materials such as 
mathematical tables, or printed items such as sticker sheets or 
miniature calendars, if such items are physically incorporated, 
included with, or attached to the product, cover and/or backing 
thereto.
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    \3\ For purposes of this scope definition, the actual use or 
labeling of these products as school supplies or non-school supplies 
is not a defining characteristic.
    \4\ There shall be no minimum page requirement for looseleaf 
filler paper.
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    Specifically excluded from the scope of this order are:
     Unlined copy machine paper;
     Writing pads with a backing (including but not limited to 
products commonly known as ``tablets,'' ``note pads,'' ``legal pads,'' 
and ``quadrille pads''), provided that they do not have a front cover 
(whether permanent or removable). This exclusion does not apply to such 
writing pads if they consist of hole-punched or drilled filler paper;
     Three-ring or multiple-ring binders, or notebook 
organizers incorporating such a ring binder provided that they do not 
include subject paper;
     Index cards;

[[Page 6574]]

     Printed books and other books that are case bound through 
the inclusion of binders board, spine strip, and cover wrap;
     Newspapers;
     Pictures and photographs;
     Desk and wall calendars and organizers (including but not 
limited to such products generally known as ``office planners,'' ``time 
books,'' and ``appointment books'');
     Telephone logs;
     Address books;
     Columnar pads & tablets, with or without covers, primarily 
suited for the recording of written numerical business data;
     Lined business or office forms, including but not limited 
to: preprinted business forms, lined invoice pads and paper, mailing 
and address labels, manifests, and shipping log books;
     Lined continuous computer paper;
     Boxed or packaged writing stationery (including but not 
limited to products commonly known as ``fine business paper,'' 
``parchment paper,'' and ``letterhead''), whether or not containing a 
lined header or decorative lines;
     Stenographic pads (``steno pads''), Gregg ruled,\5\ 
measuring 6 inches by 9 inches;
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    \5\ ``Gregg ruling'' consists of a single- or double-margin 
vertical ruling line down the center of the page. For a six-inch by 
nine-inch stenographic pad, the ruling would be located 
approximately three inches from the left of the book.
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    Also excluded from the scope of this order are the following 
trademarked products:
     FlyTM lined paper products: A notebook, 
notebook organizer, loose or glued note paper, with papers that are 
printed with infrared reflective inks and readable only by a 
FlyTM pen-top computer. The product must bear the valid 
trademark FlyTM.\6\
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    \6\ Products found to be bearing an invalidly licensed or used 
trademark are not excluded from the scope.
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     ZwipesTM: A notebook or notebook organizer made 
with a blended polyolefin writing surface as the cover and pocket 
surfaces of the notebook, suitable for writing using a specially-
developed permanent marker and erase system (known as a 
ZwipesTM pen). This system allows the marker portion to mark 
the writing surface with a permanent ink. The eraser portion of the 
marker dispenses a solvent capable of solubilizing the permanent ink 
allowing the ink to be removed. The product must bear the valid 
trademark ZwipesTM.\7\
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    \7\ Products found to be bearing an invalidly licensed or used 
trademark are not excluded from the scope.
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     FiveStar[supreg] AdvanceTM: A notebook or 
notebook organizer bound by a continuous spiral, or helical, wire and 
with plastic front and rear covers made of a blended polyolefin plastic 
material joined by 300 denier polyester, coated on the backside with 
PVC (poly vinyl chloride) coating, and extending the entire length of 
the spiral or helical wire. The polyolefin plastic covers are of 
specific thickness; front cover is 0.019 inches (within normal 
manufacturing tolerances) and rear cover is 0.028 inches (within normal 
manufacturing tolerances). Integral with the stitching that attaches 
the polyester spine covering, is captured both ends of a 1'' wide 
elastic fabric band. This band is located 2\3/8\'' from the top of the 
front plastic cover and provides pen or pencil storage. Both ends of 
the spiral wire are cut and then bent backwards to overlap with the 
previous coil but specifically outside the coil diameter but inside the 
polyester covering. During construction, the polyester covering is sewn 
to the front and rear covers face to face (outside to outside) so that 
when the book is closed, the stitching is concealed from the outside. 
Both free ends (the ends not sewn to the cover and back) are stitched 
with a turned edge construction. The flexible polyester material forms 
a covering over the spiral wire to protect it and provide a comfortable 
grip on the product. The product must bear the valid trademarks 
FiveStar[supreg] AdvanceTM.\8\
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    \8\ Products found to be bearing an invalidly licensed or used 
trademark are not excluded from the scope.
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     FiveStar FlexTM: A notebook, a notebook 
organizer, or binder with plastic polyolefin front and rear covers 
joined by 300 denier polyester spine cover extending the entire length 
of the spine and bound by a 3-ring plastic fixture. The polyolefin 
plastic covers are of a specific thickness; front cover is 0.019 inches 
(within normal manufacturing tolerances) and rear cover is 0.028 inches 
(within normal manufacturing tolerances). During construction, the 
polyester covering is sewn to the front cover face to face (outside to 
outside) so that when the book is closed, the stitching is concealed 
from the outside. During construction, the polyester cover is sewn to 
the back cover with the outside of the polyester spine cover to the 
inside back cover. Both free ends (the ends not sewn to the cover and 
back) are stitched with a turned edge construction. Each ring within 
the fixture is comprised of a flexible strap portion that snaps into a 
stationary post which forms a closed binding ring. The ring fixture is 
riveted with six metal rivets and sewn to the back plastic cover and is 
specifically positioned on the outside back cover. The product must 
bear the valid trademark FiveStar FlexTM.\9\
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    \9\ Products found to be bearing an invalidly licensed or used 
trademark are not excluded from the scope.
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    Merchandise subject to this order is typically imported under 
headings 4810.22.5044, 4811.90.9090, 4820.10.2010, 4820.10.2020, 
4820.10.2050, and 4820.10.4000 of the Harmonized Tariff Schedule of the 
United States (HTSUS).\10\ The tariff classifications are provided for 
convenience and customs purposes; however, the written description of 
the scope of the order is dispositive.
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    \10\ During the investigation additional HTSUS headings were 
identified.
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Analysis of Comments

    On November 13, 2008 petitioners filed comments. On November 26, 
2008, Navneet filed rebuttal comments. All issues in the petitioners' 
case and Navneet's rebuttal briefs are addressed in the accompanying 
Issues and Decision Memorandum for the Countervailing Duty 
Administrative Review on Certain Lined Paper Products from India 
(``Decision Memorandum''), which is hereby adopted by this notice. A 
listing of the issues that parties raised and to which we have 
responded is attached to this notice as Appendix I. Parties can find a 
complete discussion of the issues raised in this review and the 
corresponding recommendations in this public memorandum, which is on 
file in the Department's Central Record Unit (CRU), Room 1117 of the 
main commerce building. In addition, a complete version of the Decision 
Memorandum can be accessed directly on the World Wide Web at http://ia.ita.doc.gov/frn. The paper copy and the electronic version of the 
Decision Memorandum are identical in content.

Final Results of Review

    In accordance with section 751(a)(7)(A) of the Tariff Act of 1930, 
as amended (The Act), and 19 CFR 351.221(b)(5), we calculated a subsidy 
rate for Navneet for the POR. We determine the total net 
countervailable subsidy rate for Navneet is 8.76 percent ad valorem for 
the POR.

Assessment Rates/Cash Deposits

    The Department intends to issue assessment instructions to U.S. 
Customs and Border Protection (``CBP'') 15 days after the date of 
publication of these final results of review to liquidate shipments of 
subject merchandise by Navneet entered, or withdrawn from

[[Page 6575]]

warehouse, for consumption on or after February 15, 2006, through 
December 31, 2006, at the ad valorem rate listed above. We will also 
instruct CBP to collect a cash deposit for Navneet of estimated 
countervailing duties at the rate indicated above on all shipments of 
the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of these final results 
of review.
    For all non-reviewed companies, the Department has instructed CBP 
to assess countervailing duties at the cash deposit rates in effect at 
the time of entry, for entries between February 15, 2006, and December 
31, 2006. The cash deposit rates for all companies not covered by this 
review are not changed by the results of this review.

Return or Destruction of Proprietary Information

    This notice serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: February 3, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix I--Issues in Decision Memorandum

I. List of Issues
    1. Whether the Department Should Apply Total Adverse Facts 
Available to Navneet
    2. In the Alternative, Whether the Department Should Apply 
Partial Adverse Facts Available in Calculating Navneet's Duty 
Entitlement Passbook Scheme (``DEPS'') Subsidy
    3. Whether the Department Erred in Calculating the Benefit on 
the 80IB Tax Program
II. Subsidies Valuation Information
    A. Benchmarks for Long Term Loans and Discount Rates
    B. Allocation Period
III. Analysis of Programs
    A. Programs Determined To Confer Subsidies
    1. Duty Entitlement Passbook Scheme (DEPS)
    2. Export Promotion Capital Goods Scheme (EPCGS)
    3. The Government of India's Income Deduction Program (80IB Tax 
Program)
    B. Programs Determined Not To Be Used
Programs Administered by the Government of India
    1. Duty Replenishment Certificate Scheme
    2. Advance License Program
    3. Export Processing Zones and Export Oriented Units
    4. Target Plus Scheme
    5. Export Processing Zones
    6. Income Tax Exemption Scheme (Sections 10A, 10B, and 80HHC)
    7. Market Development Assistance
    8. Status Certificate Program
    9. Market Access Initiative
    10. Loan guarantees from the GOI
    11. Exemption of Export Credit from Interest Taxes
    12. Pre and Post-shipment Export Financing
Programs Administered by the State Governments
    1. State Government of Gujarat Provided Tax Incentives (State 
Government of Gujarat Program)
    State Government of Maharashtra Programs:
    2. Sales Tax Program from Maharashtra
    3. Electricity Duty Exemptions Under the State Government of 
Maharashtra's (SGM) Package Scheme of Incentives of 1993 (PSI of 
1993)
    4. Refunds of Octroi Under the PSI of 1993, Maharashtra 
Industrial Policy (MIP of 2001), and Maharashtra Industrial Policy 
(MIP of 2006)
    5. Infrastructure Subsidies to Mega Projects
    6. Land for Less than Adequate Remuneration (for firms operating 
in areas outside the Bombay and Pune metropolitan areas)
    7. Loan Guarantees Based on Octroi Refunds by the SGM
IV. Total Ad valorem Rate
V. Analysis of Comments
    1. Whether the Department Should Apply Total Adverse Facts 
Available to Navneet
    2. In the Alternative, Whether the Department Should Apply 
Partial Adverse Facts Available in Calculating Navneet's Duty 
Entitlement Passbook Scheme (``DEPS'') Subsidy
    3. Whether the Department Erred in Calculating the Benefit on 
the 80IB Tax Program

[FR Doc. E9-2765 Filed 2-9-09; 8:45 am]
BILLING CODE 3510-DS-P