[Federal Register Volume 76, Number 190 (Friday, September 30, 2011)]
[Notices]
[Pages 60803-60805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25315]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-901]


Certain Lined Paper Products From People's Republic of China: 
Final Results of Antidumping Duty Changed Circumstances Review and 
Revocation, in Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On August 17, 2011, the Department of Commerce 
(``Department'') published its notice of initiation and preliminary 
results of changed circumstances review, and intent to revoke, in part, 
the antidumping duty order on certain lined paper products (``CLPP'') 
from the People's Republic of China (``PRC'').\1\ We invited parties to 
comment and received no comments. Therefore, we are now revoking the 
order, in part, with respect to FiveStar[reg] AdvanceTM 
notebooks and notebook organizers without polyvinyl chloride (``PVC'') 
coatings.
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    \1\ See Certain Lined Paper Products from People's Republic of 
China: Initiation and Preliminary Results of Changed Circumstances 
Review, and Intent to Revoke Order in Part, 76 FR 50998 (August 17, 
2011) (``Intent to Revoke'').

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DATES: Effective Date: September 30, 2011.

FOR FURTHER INFORMATION CONTACT: Cindy Robinson, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington DC 20230; telephone 
(202) 482-3797.

SUPPLEMENTARY INFORMATION: 

Background

    On September 28, 2006, the Department published in the Federal 
Register the antidumping duty order on CLPP from the PRC.\2\ On June 
30, 2011, the Department received a request from the Association of 
American School Paper Suppliers (``AASPS'') \3\ to conduct a changed 
circumstances review for the purpose of revoking, in part, the 
antidumping duty order with respect to FiveStar[reg] 
AdvanceTM notebooks and notebook organizers without PVC 
coatings. AASPS claimed that producers accounting for substantially all 
of the production of the domestic like product to which the order was 
issued no longer wish to maintain the order. We did not receive 
comments from any other party.
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    \2\ 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) 
(``CLPP Order'').
    \3\ AASPS is the domestic industry coalition that filed the 
underlying antidumping (``AD'') petition, and consists of three 
members--MeadWestvaco Corporation (``MWV''), Norcom, Inc., and Top 
Flight Inc.
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    On August 17, 2011, we published in the Federal Register a combined 
notice of initiation and preliminary results of changed circumstances 
review, and intent to revoke, in part, the antidumping duty on CLPP 
from the PRC.\4\ We invited parties to comment and received no comment.
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    \4\ See Intent to Revoke.
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Scope of the Order

    The scope of this order includes certain lined paper products, 
typically school supplies (for purposes of this scope definition, the 
actual use of or labeling these products as school supplies or non-
school supplies is not a defining characteristic) composed of or 
including paper that incorporates straight horizontal and/or vertical 
lines on ten or more paper sheets (there shall be no minimum page 
requirement for looseleaf filler paper) 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

[[Page 60804]]

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. 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;
     Printed books and other books that are case bound through 
the inclusion of binders board, a 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: Pre-printed business forms, lined invoice pads and paper, mailing 
and address labels, manifests, and shipping log books;
     Lined continuous computer paper;
     Boxed or packaged writing stationary (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 (``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), measuring 6 inches by 9 inches;

    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 (products found to be bearing an invalidly 
licensed or used trademark are not excluded from the scope).
     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 (products found to be bearing an 
invalidly licensed or used trademark are not excluded from the scope).
     FiveStar[reg]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[reg]AdvanceTM (products found to be bearing an 
invalidly licensed or used trademark are not excluded from the scope).
     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 Flex\TM\ 
(products found to be bearing an invalidly licensed or used trademark 
are not excluded from the scope).
    Merchandise subject to this order is typically imported under 
headings 4810.22.5044, 4811.90.9050, 4820.10.2010, 4820.10.2020, 
4820.10.2030, 4820.10.2040, 4820.10.2060, and 4820.10.4000 of the 
Harmonized Tariff Schedule of the United States (``HTSUS''). The HTSUS 
headings are provided for convenience and customs purposes; however, 
the written description of the scope of this order is dispositive.

[[Page 60805]]

Final Results of Changed Circumstances Review, and Revocation of the AD 
Order in Part

    At the request of AASPS, and in accordance with sections 751(b)(1) 
and (d)(1) of the Tariff Act of 1930, as amended (``Act''), and 19 CFR 
351.216, the Department determined to initiate a changed circumstances 
review of the AD order on CLPP from the PRC to determine whether 
partial revocation of the order is warranted with respect to 
FiveStar[reg] Advance\TM\ notebooks and notebook organizers without PVC 
coatings.\5\ In addition, we determined that expedited action was 
warranted and, consistent with 19 CFR 351.221(c)(3)(ii), we combined 
the notices of initiation and preliminary results.\6\ Because AASPS, 
the petitioner in the underlying investigation, made an affirmative 
statement of no interest and claimed that parties accounting for more 
than 85 percent of production of the domestic like product support the 
partial revocation, we accepted their claim and, in accordance with 
section 751(b) of the Act and 19 CFR 351.222(g)(1)(i), and absent any 
evidence to the contrary, found that substantially all of the producers 
of the domestic like product expressed a lack of interest in 
maintaining the order with respect to FiveStar[reg] Advance\TM\ 
notebooks and notebook organizers without PVC coatings. Based on the 
expression of no interest by companies accounting for substantially all 
of the production of the domestic like product to which the CLPP Order 
pertains, we preliminarily determined that the domestic producers of 
the like product have no interest in the continued application of the 
AD order on CLPP from the PRC to the merchandise that is subject to 
this request and that partial revocation of the order is appropriate. 
Accordingly, we notified the public of our intent to revoke, in part, 
the AD order with respect to FiveStar[reg] Advance\TM\ notebooks and 
notebook organizers without PVC coatings.\7\ We did not receive any 
comments from parties objecting to the partial revocation. Therefore, 
the Department is partially revoking the AD order on CLPP from the PRC 
with respect to FiveStar[reg] Advance\TM\ notebooks and notebook 
organizers without PVC coatings.
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    \5\ See Intent to Revoke.
    \6\ See id.
    \7\ See id.
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    As we stated in our Intent to Revoke, we will instruct U.S. Customs 
and Border Protection to end the suspension of liquidation for the 
merchandise covered by the revocation on the effective date of this 
notice of revocation and to release any cash deposit or bond. See 19 
CFR 351.222(g)(4).
    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 351.306. Timely written notification of 
the return/destruction of APO materials or conversion to judicial 
protective order is hereby requested.
    This changed circumstances review, partial revocation of the AD 
order and notice are in accordance with sections 751(b) and (d), 
777(i), and 782(h) of the Act and 19 CFR 351.216, 351.221, and 351.222.

    Dated: September 23, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-25315 Filed 9-29-11; 8:45 am]
BILLING CODE 3510-DS-P