[Federal Register Volume 76, Number 234 (Tuesday, December 6, 2011)]
[Notices]
[Pages 76123-76126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31286]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-843, A-560-818, A-579-901]


Final Results of Expedited Sunset Review of Antidumping Duty 
Orders: Lined Paper Products From India, Indonesia, and the People's 
Republic of China

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

DATES: Effective Date: December 6, 2011.

SUMMARY: On August 1, 2011, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty 
(``AD'') orders on lined paper products (``CLPP'') from India, 
Indonesia, and the People's Republic of China (``PRC'') 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). On the basis of a notice of intent to participate and an 
adequate substantive response filed on behalf of domestic interested 
parties and an inadequate response (in this case, no response) from 
respondent interested parties in each of these reviews, the Department 
decided to conduct expedited sunset reviews of these AD orders pursuant 
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(A). As 
a result of these reviews, the Department finds that revocation of the 
antidumping duty orders would likely lead to a continuation or 
recurrence of dumping at the margins identified in the ``Final Results 
of Review'' section of this notice.

FOR FURTHER INFORMATION CONTACT: George McMahon, AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone (202) 482-1167.

SUPPLEMENTARY INFORMATION: 

Background

    On August 1, 2011, the Department initiated sunset reviews of the 
AD orders on CLPP from India, Indonesia, and the PRC pursuant to 
section 751(c) of the Act. See Initiation of Five-Year (``Sunset'') 
Reviews, 76 FR 45778 (August 1, 2011). The Department received a notice 
of intent to participate in each of these reviews from the Association 
of American School Paper Suppliers (``AASPS'') and its individual 
members--MWV Consumer & Office Products (``MWV''), Norcom, Inc., and 
TopFlight, Inc. (collectively, ``petitioners''), within the deadline 
specified in 19 CFR 351.218(d)(1)(i). The petitioners claimed 
interested party status for each of these reviews under section 
771(9)(C) of the Act, as domestic producers of CLPP.
    The Department received a complete substantive response from the 
petitioners for each of these reviews within the 30-day deadline 
specified in 19 CFR 351.218(d)(3)(i). However, the Department did not 
receive a substantive response from any respondent interested party to 
either of these proceedings. 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 expedited reviews of these AD orders.

Scope of the Orders

    The scope of these orders 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 any 
composition, regardless of the inclusion of images or graphics on the 
cover, backing, or paper. Subject merchandise is within the scope of 
these orders whether or not the lined paper and/or cover are hole 
punched, drilled, perforated, and/or reinforced.

[[Page 76124]]

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 or 
labeling of 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 these orders 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: 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,\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 these orders 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\
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    \4\ 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.\5\
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    \5\ 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.\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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     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.\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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    Since the issuance of the PRC order, the Department has clarified 
the scope of the order in response to numerous scope inquiries. In 
addition, on September 23, 2011, the Department revoked, in part, the 
PRC AD order with respect to FiveStar[supreg] AdvanceTM 
notebooks and notebook organizers without PVC coatings. See Certain 
Lined Paper Products From People's Republic of China: Final Results of 
Antidumping Duty Changed Circumstances Review and Revocation, in Part, 
76 FR 60803 (September 30, 2011).
    Merchandise subject to these orders 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 tariff 
classifications are provided for convenience and customs purposes; 
however, the written description of the scope of the orders is 
dispositive.

[[Page 76125]]

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. Parties can find a complete discussion of all 
issues raised in this review and the corresponding recommendation in 
this public memorandum which 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, room 7046, of the main Commerce 
building. In addition, a complete version of the Decision Memorandum 
can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The 
electronic versions of the Decision Memorandum in IA ACCESS and on the 
Web 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 antidumping duty orders on CLPP from India, 
Indonesia, and the PRC would be likely to lead to continuation or 
recurrence of dumping at the following weighted-average percentage 
margins:

------------------------------------------------------------------------
                                                                Margin
                Country manufacturer/exporter                  (percent)
------------------------------------------------------------------------
India:
  Aero Exports..............................................       23.17
  Kejriwal Paper Limited....................................        3.91
  Navneet Publications (India) Ltd..........................       23.17
  All Others................................................        3.91
Indonesia:
  PT. Pabrik Kertas Tjiwi Kimia Tbk.........................      118.63
  All Others................................................       97.85
PRC
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------------------------------------------------------------------------
                                                              Margin
             Exporter                     Producer           (percent)
------------------------------------------------------------------------
Shanghai Lian Li Paper Products     Shanghai Lian Li               94.91
 Co., Ltd.                           Paper Products Co.,
                                     Ltd.
Shanghai Lian Li Paper Products     Sentian Paper                  94.91
 Co., Ltd.                           Products Co., Ltd.
Shanghai Lian Li Paper Products     Shanghai Miaopaofang           94.91
 Co., Ltd.                           Paper Products Co.,
                                     Ltd.
Shanghai Lian Li Paper Products     Shanghai Pudong                94.91
 Co., Ltd.                           Wenbao Paper
                                     Products Co., Ltd.
Shanghai Lian Li Paper Products     Changshu Changjiang            94.91
 Co., Ltd.                           Printing Co., Ltd.
Shanghai Lian Li Paper Products     Shanghai Loutang               94.91
 Co., Ltd.                           Stationery Factory.
Shanghai Lian Li Paper Products     Shanghai Beijia                94.91
 Co., Ltd.                           Paper Products Co.,
                                     Ltd.
Ningbo Guangbo Imports and Exports  Ningbo Guangbo                 78.38
 Co. Ltd.                            Plastic Products
                                     Manufacture Co.,
                                     Ltd.
Yalong Paper Products (Kunshan)     Yalong Paper                   78.38
 Co., Ltd.                           Products (Kunshan)
                                     Co., Ltd.
Suzhou Industrial Park Asia         Suzhou Industrial              78.38
 Pacific Paper Converting Co., Ltd.  Park Asia Pacific
                                     Paper Converting
                                     Co., Ltd.
Sunshine International Group (HK)   Dongguan Shipai                78.38
 Ltd.                                Tonzex Electronics
                                     Plastic Stationery
                                     Factory.
Sunshine International Group (HK)   Dongguan Kwong Wo              78.38
 Ltd.                                Stationery Co., Ltd.
Sunshine International Group (HK)   Hua Lian Electronics           78.38
 Ltd.                                Plastic Stationery
                                     Co., Ltd.
Suzhou Industrial Park You-You      Linqing YinXing                78.38
 Trading Co., Ltd.                   Paper Co., Ltd.
Suzhou Industrial Park You-You      Jiaxing Seagull                78.38
 Trading Co., Ltd.                   Paper Products Co.,
                                     Ltd.
Suzhou Industrial Park You-You      Shenda Paper Product           78.38
 Trading Co., Ltd.                   Factory.
Suzhou Industrial Park You-You      Lianyi Paper Product           78.38
 Trading Co., Ltd.                   Factory.
Suzhou Industrial Park You-You      Changhang Paper                78.38
 Trading Co., Ltd.                   Product Factory.
Suzhou Industrial Park You-You      Tianlong Paper                 78.38
 Trading Co., Ltd.                   Product Factory.
Suzhou Industrial Park You-You      Rugao Paper Printer            78.38
 Trading Co., Ltd.                   Co., Ltd.
Suzhou Industrial Park You-You      Yinlong Paper                  78.38
 Trading Co., Ltd.                   Product Factory.
You You Paper Products (Suzhou)     You You Paper                  78.38
 Co., Ltd.                           Products (Suzhou)
                                     Co., Ltd.
Haijing Stationery (Shanghai) Co.,  Haijing Stationery             78.38
 Ltd.                                (Shanghai) Co., Ltd.
Orient International Holding        Yalong Paper                   78.38
 Shanghai Foreign Trade Co., Ltd.    Products (Kunshan)
                                     Co., Ltd.
Orient International Holding        Shanghai Comwell               78.38
 Shanghai Foreign Trade Co., Ltd.    Stationery Co., Ltd.
Orient International Holding        Yuezhou Paper Co.,             78.38
 Shanghai Foreign Trade Co., Ltd.    Ltd.
Orient International Holding        Changshu Guangming             78.38
 Shanghai Foreign Trade Co., Ltd.    Stationery Co., Ltd.
Shanghai Foreign Trade Enterprise   Shanghai Xin Zhi               78.38
 Co., Ltd.                           Liang Culture
                                     Products Co., Ltd.
Shanghai Foreign Trade Enterprise   Shangyu Zhongsheng             78.38
 Co., Ltd.                           Paper Products Co.,
                                     Ltd.
Shanghai Foreign Trade Enterprise   Shanghai Miaoxi                78.38
 Co., Ltd.                           Paper Products
                                     Factory.
Shanghai Foreign Trade Enterprise   Shanghai Xueya                 78.38
 Co., Ltd.                           Stationery Co., Ltd.
Anhui Light Industries              Shanghai Pudong                78.38
 International Co., Ltd.             Wenbao Paper
                                     Products Factory.
Anhui Light Industries              Foshan City Wenhai             78.38
 International Co., Ltd.             Paper Factory.
Fujian Hengda Group Co., Ltd......  Fujian Hengda Group            78.38
                                     Co., Ltd.
Changshu Changjiang Printing Co.,   Changshu Changjiang            78.38
 Ltd.                                Paper Industry Co.,
                                     Ltd.
Jiaxing Te Gao Te Paper Products    Jiaxing Te Gao Te              78.38
 Co., Ltd.                           Paper Products Co.,
                                     Ltd.
Jiaxing Te Gao Te Paper Products    Jiaxing Seagull                78.38
 Co., Ltd.                           Paper Products Co.,
                                     Ltd.
Jiaxing Te Gao Te Paper Products    Jiaxing Boshi Paper            78.38
 Co., Ltd.                           Products Co., Ltd.
Chinapack Ningbo Paper Products     Jiaxing Te Gao Te              78.38
 Co., Ltd.                           Paper Products Co.,
                                     Ltd.
Linqing Silver Star Paper Products  Linqing Silver Star            78.38
 Co., Ltd.                           Paper Products Co.,
                                     Ltd.
Wah Kin Stationery and Paper        Shenzhen Baoan                 78.38
 Product Limited.                    Waijing Development
                                     Company.
Shanghai Pudong Wenbao Paper        Shanghai Pudong                78.38
 Products Factory.                   Wenbao Paper
                                     Products Factory.
Shanghai Pudong Wenbao Paper        Linqing Glistar                78.38
 Products Factory.                   Paper Products Co.,
                                     Ltd.
Shanghai Pudong Wenbao Paper        Changshu Changjiang            78.38
 Products Factory.                   Printing Co., Ltd.
Shanghai Pudong Wenbao Paper        Linqing Silver Star            78.38
 Products Factory.                   Paper Products Co.,
                                     Ltd.
Paperline Limited.................  Shanghai Pudong                78.38
                                     Wenbao Paper
                                     Products Factory.
Paperline Limited.................  Linqing Glistar                78.38
                                     Paper Products Co.,
                                     Ltd.
Paperline Limited.................  Changshu Changjiang            78.38
                                     Printing Co., Ltd.
Paperline Limited.................  Linqing Silver Star            78.38
                                     Paper Products Co.,
                                     Ltd.
Paperline Limited.................  Jiaxing Te Gao Te              78.38
                                     Paper Products Co.,
                                     Ltd.
Paperline Limited.................  Yantai License                 78.38
                                     Printing & Making
                                     Co., Ltd.

[[Page 76126]]

 
Yantai License Printing & Making    Yantai License                 78.38
 Co., Ltd.                           Printing & Making
                                     Co., Ltd.
Paperline Limited.................  Anhui Jinhua Import            78.38
                                     & Export Co., Ltd.
Essential Industries Limited......  Dongguan Yizhi Gao             78.38
                                     Paper Products Ltd.
MGA Entertainment (H.K.) Limited..  Kon Dai (Far East)             78.38
                                     Packaging Co., Ltd.
MGA Entertainment (H.K.) Limited..  Dong Guan Huang                78.38
                                     Giang Rong Da
                                     Printing Factory.
MGA Entertainment (H.K.) Limited..  Dong Guan Huang                78.38
                                     Giang Da Printing
                                     Co., Limited.
Excel Sheen Limited...............  Dongguan Shipai Fuda           78.38
                                     Stationery Factory.
Maxleaf Stationery Ltd............  Maxleaf Stationery             78.38
                                     Ltd.
PRC Entity*.......................  ....................          258.21
------------------------------------------------------------------------
*Including Atico, Planet International, the companies that did not
  respond to the Q&V questionnaire in the underlying investigation, and
  Watanabe Paper Products.

Notification Regarding Administrative Protective Order

    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 29, 2011.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2011-31286 Filed 12-5-11; 8:45 am]
BILLING CODE 3510-DS-P