[Federal Register Volume 77, Number 170 (Friday, August 31, 2012)]
[Notices]
[Pages 53174-53176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21605]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-818, C-560-819]


Certain Lined Paper Products From Indonesia: Revocation of 
Antidumping and Countervailing Duty Orders

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

SUMMARY: As a result of the determinations by the International Trade 
Commission (the ITC) that revocation of the antidumping duty (AD) and 
countervailing duty (CVD) orders on certain lined paper products (lined 
paper) from Indonesia would not be likely to lead to the continuation 
or recurrence of material injury to an industry in the United States, 
the Department of Commerce (the Department) is revoking these AD and 
CVD orders.

DATES: Effective Date: September 28, 2011.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg or Nancy Decker, AD/CVD 
Operations, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-1785 or (202) 482-0196, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On August 1, 2011, the Department initiated and the ITC instituted 
sunset reviews of the AD and CVD orders on lined paper from Indonesia 
pursuant to sections 751(c) and 752 of the Tariff Act of 1930, as 
amended (the Act), respectively.\1\ As a result of its reviews, the 
Department found that revocation of the AD order would likely lead to 
continuation or recurrence of dumping and that revocation of the CVD 
order would likely lead to continuation or recurrence of subsidization, 
and notified the ITC of the margins of dumping and the subsidy rates 
likely to prevail were the orders revoked.\2\
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    \1\ See Initiation of Five-Year (``Sunset'') Review, 76 FR 45778 
(August 1, 2011) and Certain Lined Paper School Supplies From China, 
India, and Indonesia--Institution of Five-Year Reviews Concerning 
the Countervailing Duty Orders on Certain Lined Paper School 
Supplies From India and Indonesia and the Antidumping Duty Orders on 
Certain Lined Paper School Supplies From China, India, and 
Indonesia, 76 FR 45851 (August 1, 2011).
    \2\ See Final Results of Expedited Sunset Review of Antidumping 
Duty Orders: Lined Paper Products From India, Indonesia, and the 
People's Republic of China, 76 FR 76123 (December 6, 2011) and 
Certain Lined Paper Products From Indonesia: Final Results of 
Expedited Sunset Review of Countervailing Duty Order, 76 FR 73592 
(November 29, 2011).
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    On August 24, 2012, the ITC published its determination, pursuant 
to section 751(c) of the Act, that revocation of the AD and CVD orders 
on lined paper from Indonesia would not be likely to lead to the 
continuation or recurrence of material injury within a reasonably 
foreseeable time.\3\
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    \3\ See Certain Lined Paper School Supplies From China, India, 
and Indonesia, 77 FR 51570 (August 24, 2012). See also Certain Lined 
Paper School Supplies from China, India, and Indonesia, Inv. Nos. 
701-TA-442-443 and 731-TA-1095-1097 (Review), USITC Publication 4344 
(August 2012).

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[[Page 53175]]

Scope of the Orders

    The products covered by these orders include certain lined paper 
products, typically school supplies,\4\ composed of or including paper 
that incorporates straight horizontal and/or vertical lines on ten or 
more paper sheets,\5\ 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. 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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    \4\ 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.
    \5\ 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,\6\ measuring 
6 inches by 9 inches;
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    \6\ ``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.\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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     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.\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[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.\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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     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

[[Page 53176]]

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.\10\
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    \10\ Products found to be bearing an invalidly licensed or used 
trademark are not excluded from the scope.
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    Currently, merchandise subject to these orders is typically 
imported under headings 4811.90.9035, 4811.90.9080, 4820.30.0040, 
4811.90.9050, 4810.22.5044, 4811.90.9090, 4820.10.2010, 4820.10.2020, 
4820.10.2030, 4820.10.2040, 4820.10.2050, 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.

Determination

    As a result of the determinations by the ITC that revocation of 
these AD and CVD orders would not be likely to lead to continuation or 
recurrence of material injury to an industry in the United States, 
pursuant to section 751(d)(2) of the Act, the Department is revoking 
the AD and CVD orders on lined paper from Indonesia. Pursuant to 
section 751(d)(2) of the Act and 19 CFR 351.222(i)(2)(i), the effective 
date of revocation is September 28, 2011 (i.e., the fifth anniversary 
of the effective date of publication in the Federal Register of these 
orders).\11\
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    \11\ 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).
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    The Department will notify U.S. Customs and Border Protection, 15 
days after publication of this notice, to terminate suspension of 
liquidation and collection of cash deposits on entries of the subject 
merchandise, entered or withdrawn from warehouse, on or after September 
28, 2011. Entries of subject merchandise prior to the effective date of 
revocation will continue to be subject to suspension of liquidation and 
antidumping and countervailing duty deposit requirements.
    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which 
may be subject to sanctions.
    These five-year (sunset) reviews and notice are in accordance with 
section 751(d)(2) the Act and published pursuant to section 777(i)(1) 
of the Act.

    Dated: August 24, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-21605 Filed 8-30-12; 8:45 am]
BILLING CODE 3510-DS-P