[Federal Register Volume 76, Number 234 (Tuesday, December 6, 2011)]
[Notices]
[Pages 76144-76146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31295]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-901]


Notice of Amended Final Results of the Antidumping Duty 
Administrative Review of Certain Lined Paper Products From the People's 
Republic of China

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

DATES: Effective Date: December 6, 2011.

FOR FURTHER INFORMATION CONTACT: Victoria Cho, 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) 482-5075.

SUPPLEMENTARY INFORMATION:

Summary

    As a result of the decision of the Court of International Trade 
(``Court'') in Association of American School Paper Suppliers v. United 
States, Court Number 09-00163, Slip Op. 11-101 (August 11, 2011), the 
Department of Commerce (``the Department'') has recalculated the rates 
for the separate rate companies \1\ in the first administrative review 
of certain lined paper products (``CLPP'') from the People's Republic 
of China (``PRC''), for the period of review (``POR'') April 17, 2006 
through August 31, 2007.
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    \1\ Hwa Fuh Plastics Co. Ltd./Li Teng Plastics (Shenzhen) Co., 
Ltd.; Leo's Quality Products Co., Ltd./Denmax Plastic Stationery 
Factory; and the Watanabe Group (consisting of the following 
companies: Watanabe Paper Product (Shanghai) Co. Ltd.; Watanabe 
Paper Product (Linqing) Co. Ltd. (Watanabe Linqing); and Hotrock 
Stationery (Shenzhen) Co. Ltd.
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Background

    On April 14, 2009, the Department published its final results of 
the administrative review for CLPP from the PRC for the period April 
17, 2006, through August 31, 2007.\2\ The Department individually 
examined one company, Shanghai Lian Li Paper Products Co., Ltd. (``Lian 
Li''). In its Final Results, the Department determined to apply the 
weighted-average dumping margin calculated for Lian Li to the separate 
rate companies. On December 22, 2009, the Department published amended 
final results, to correct for certain ministerial errors in the Final 
Results.\3\
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    \2\ See Certain Lined Paper Products From the People's Republic 
of China: Notice of Final Results of the Antidumping Duty 
Administrative Review, 74 FR 17160 (April 14, 2009) (``Final 
Results'').
    \3\ See Notice of Amended Final Results of the Antidumping Duty 
Administrative Review of Certain Lined Paper Products from the 
People's Republic of China, 74 FR 68036 (December 22, 2009) 
(``Amended Final'').
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    The Association of American School Paper Suppliers challenged the 
Department's Amended Final at the Court. On July 27, 2010, the Court 
remanded the case for the Department to revisit its determination 
concerning the selection of information to calculate surrogate 
financial values. On August 11, 2011, the Court sustained the 
Department's final results of redetermination.\4\ On August 25, 2011, 
the Department published an amended final results in which it 
recalculated Lian Li's rate.\5\ However, in that notice,

[[Page 76145]]

the Department neglected to announce the changes to the separate rate 
companies' rates as a result of the litigation in Association of 
American School Paper Suppliers v. United States.
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    \4\ Association of American School Paper Suppliers v. United 
States, Court Number 09-00163, Slip Op. 11-101 (August 11, 2011).
    \5\ Certain Lined Paper Products From the People's Republic of 
China: Notice of Court Decision Not in Harmony With Final Results of 
Administrative Review and Notice of Amended Final Results of 
Administrative Review Pursuant to Court Decision, 76 FR 53116 
(August 25, 2011). The Department recalculated Lian Li's rate as 
determined in Certain Lined Paper Products From the People's 
Republic of China: Notice of Court Decision Not in Harmony With 
Final Results of Administrative Review and Notice of Amended Final 
Results of Administrative Review Pursuant to Court Decision, 76 FR 
28213 (May 16, 2011).
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    Therefore, the Department is now announcing the rate calculated for 
separate rate companies based on the calculation which was sustained in 
Association of American School Paper Suppliers v. United States.

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 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:
     Fly \TM\ 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 Fly \TM\ pen-top 
computer. The product must bear the valid trademark Fly \TM\ (products 
found to be bearing an invalidly licensed or used trademark are not 
excluded from the scope).
     Zwipes\TM\: 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 Zwipes\TM\ 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 Zwipes\TM\ (products 
found to be bearing an invalidly licensed or used trademark are not 
excluded from the scope).
     FiveStar[supreg]Advance:\TM\ 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]Advance\TM\ (products found to be bearing an invalidly 
licensed or used trademark are not excluded from the scope).
     FiveStar Flex\TM\: A notebook, a notebook organizer, or 
binder with plastic polyolefin front and rear covers joined by 300 
denier polyester spine

[[Page 76146]]

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). On 
September 23, 2011, the Department revoked, in part, the AD order with 
respect to FiveStar[supreg] Advance\TM\ 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 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.

Amended Final Results of Review

    The Department has recalculated the weighted-average rates for the 
separate rate companies based on the litigation discussed above. The 
following margins apply for the separate rate companies during the POR:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              margin
                                                               (percent)
------------------------------------------------------------------------
Hwa Fuh Plastics Co., Ltd./Li Teng Plastics (Shenzhen) Co.,        20.70
 Ltd........................................................
Leo's Quality Products Co., Ltd./Denmax Plastic Stationery         20.70
 Factory....................................................
The Watanabe Group (consisting of the following companies)..       20.70
Watanabe Paper Product (Shanghai) Co., Ltd.
Watanabe Paper Product (Linqing) Co., Ltd.
Hotrock Stationery (Shenzhen) Co., Ltd.
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Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of these amended final results for all shipments CLLP from 
the PRC entered, or withdrawn from warehouse, for consumption on or 
after the publication date of the Timken Notice,\6\ as provided by 
section 751(a)(2)(C) of the Act: (1) For Hwa Fuh Plastics Co., Ltd./Li 
Teng Plastics (Shenzhen) Co., Ltd. and Leo's Quality Products Co., 
Ltd./Denmax Plastic Stationery Factory, the cash deposit rate will be 
the rate listed above; (2) for the Watanabe Group, the cash deposit 
rate will be 258.21 percent,\7\ the litigation mentioned above was 
superseded by the publication of the Second A.R of CLPP; (3) for 
previously reviewed or investigated companies other than those covered 
by this review, the cash deposit rate will be the company-specific rate 
established for the most recent period; (4) if the exporter is not a 
firm covered in this review, a prior review, or the less-than-fair-
value investigation, but the producer is, the cash deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the subject merchandise; and (5) if neither the exporter nor the 
producer is a firm covered in this review, a prior review, or the 
investigation, the cash deposit rate will be 258.21 percent, the PRC-
wide rate established in the less-than-fair-value investigation. These 
deposit requirements shall remain in effect until further notice.
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    \6\ See Certain Lined Paper Products From the People's Republic 
of China: Notice of Court Decision Not in Harmony With Final Results 
of Administrative Review and Notice of Amended Final Results of 
Administrative Review Pursuant to Court Decision, 76 FR 53116 
(August 25, 2011) (``Timken Notice'').
    \7\ See Certain Lined Paper Products From the People's Republic 
of China: Notice of Final Results of the Second Administrative 
Review of the Antidumping Duty Order, 74 FR 63387 (December 3, 2009) 
(``Second A.R of CLPP'').
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries. The 
Department intends to issue assessment instructions to CBP that are 
related to the amended final results 15 days after the publication of 
the amended final results of review.
    These amended final results of administrative review and notice are 
issued and published in accordance with sections 751(h), and 777(i)(1) 
of the Act.

    Dated: November 29, 2011.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2011-31295 Filed 12-5-11; 8:45 am]
BILLING CODE 3510-DS-P