[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Notices]
[Pages 73592-73594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30773]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-560-819]


Certain Lined Paper Products From Indonesia: Final Results of the 
Expedited Sunset Review of the Countervailing Duty Order

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

DATES: Effective Date: November 29, 2011
SUMMARY: The Department has conducted an expedited sunset review of the 
countervailing duty (``CVD'') order on certain lined paper products 
(``lined paper'') from Indonesia. As a result of the review, the 
Department finds that revocation of the CVD order would be likely to 
lead to a continuation or recurrence of a countervailable subsidy at 
the rates identified in the ``Final Results of Review'' section of this 
notice.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg, AD/CVD Operations, 
Office 1, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone (202) 482-1785.

SUPPLEMENTARY INFORMATION:

Background

    On August 1, 2011, the Department published the notice of 
initiation of the first sunset review of the CVD order on lined paper 
from Indonesia, pursuant to section 751(c) of the Tariff Act of 1930, 
as amended (``the Act''). See Initiation of Five-Year (``Sunset'') 
Review, 76 FR 45778 (August 1, 2011). The Department received a notice 
of intent to participate in this review from the Association of 
American School Paper Suppliers and its members (collectively, 
``Petitioners''), within the deadline specified in 19 CFR 
351.218(d)(1)(i). Petitioners claimed interested party status for this 
review under section 771(9)(C) of the Act, as manufacturers of the 
domestic like product in the United States.
    On August 31, 2011, the Department received a complete substantive 
response from Petitioners within the deadline specified in 19 CFR 
351.218(d)(3)(i). We received no substantive responses from any 
respondent interested parties. As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the 
Department conducted an expedited sunset review of the CVD order.

Scope of the Order

    The scope of the order includes certain lined paper products, 
typically school supplies,\1\ composed of or including paper that 
incorporates straight horizontal and/or vertical lines on ten or more 
paper sheets,\2\ 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

[[Page 73593]]

any composition, regardless of the inclusion of images or graphics on 
the cover, backing, or paper. Subject merchandise is within the scope 
of the 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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    \1\ 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.
    \2\ There shall be no minimum page requirement for looseleaf 
filler paper.
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    Specifically excluded from the scope of the 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 and 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 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,\3\ measuring 6 inches by 9 inches.
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    \3\ ``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 the 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.\4\ 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.\5\ 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 .019 inches (within 
normal manufacturing tolerances) and rear cover is .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.\6\ 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 .019 inches (within normal manufacturing tolerances) and rear cover 
is .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.\7\
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    \4\ Products found to be bearing an invalidly licensed or used 
trademark are not excluded from the scope.
    \5\ Products found to be bearing an invalidly licensed or used 
trademark are not excluded from the scope.
    \6\ Products found to be bearing an invalidly licensed or used 
trademark are not excluded from the scope.
    \7\ Products found to be bearing an invalidly licensed or used 
trademark are not excluded from the scope.
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    Merchandise subject to the order is typically imported under 
headings 4810.22.5044, 4811.90.9035, 4811.90.9050, 4811.90.9080, 
4811.90.9090, 4820.10.2010, 4820.10.2020, 4820.10.2030, 4820.10.2040, 
4820.10.2050, 4820.10.2060, 4820.10.4000, and 4820.30.0040 of the 
Harmonized Tariff Schedule of the United States.
    The tariff classifications are provided for convenience and U.S. 
Customs and Border Protection (``CBP'') purposes; however, the written 
description of the scope of the order is dispositive.

Analysis of Comments Received

    All issues raised in these reviews are addressed in the Issues and 
Decision Memorandum (``Decision Memorandum'') from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Import 
Administration, dated concurrently with this notice, which is hereby 
adopted by this notice. The issues discussed in the Decision Memorandum 
include the likelihood of continuation or recurrence of a 
countervailable subsidy if the order were revoked, the net 
countervailable subsidy likely to prevail if the order were revoked, 
and the nature of the subsidies. The Issues and Decision

[[Page 73594]]

Memorandum is a public document and is on file electronically via 
Import Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (``IA ACCESS''). Access to IA Access is 
available in the Central Records Unit (``CRU''), room 7046 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the internet 
at http://www.trade.gov/ia/. The signed Issues and Decision Memorandum 
and the electronic versions of the Issues and Decision Memorandum are 
identical in content.
Final Results of Review
    Pursuant to sections 752(c)(1) and (3) of the Act, we determine 
that revocation of the CVD order on lined paper from Indonesia would be 
likely to lead to continuation or recurrence of the countervailable 
subsidy rates listed below:

 
------------------------------------------------------------------------
                                                               Net
                                                         countervailable
           Manufacturers/producers/exporters                 subsidy
                                                            (percent)
------------------------------------------------------------------------
PT. Pabrik Kertas Tjiwi Kimia Tbk......................            40.55
All Others.............................................            40.55
------------------------------------------------------------------------

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
    We are issuing and publishing the final results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act.

    Dated: November 16, 2011.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2011-30773 Filed 11-28-11; 8:45 am]
BILLING CODE 3510-DS-P