[Federal Register Volume 77, Number 170 (Friday, August 31, 2012)]
[Notices]
[Pages 53172-53174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21610]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-843, A-570-901, C-533-844]


Certain Lined Paper Products From India and the People's Republic 
of China: Continuation of Antidumping and Countervailing Duty Orders

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (the Department) that revocation of the antidumping duty (AD) 
orders on certain lined paper products (lined paper) from India and the 
People's Republic of China (PRC) would likely lead to continuation or 
recurrence of dumping, that revocation of the countervailing duty (CVD) 
order on lined paper from India would likely lead to continuation or 
recurrence of a countervailable subsidy, and the determinations by the 
International Trade Commission (the ITC) that revocation of these AD 
and CVD orders would likely lead to a continuation or recurrence of 
material injury to an industry in the United States, the Department is 
publishing this notice of the continuation of these AD orders and CVD 
order.

DATES: Effective Date: August 31, 2012.

FOR FURTHER INFORMATION CONTACT: James Terpstra (AD orders) or Eric 
Greynolds (CVD order), AD/CVD Operations, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-3965, and (202) 482-6071, 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 India, and 
the AD order on lined paper from the PRC pursuant to sections 751(c) 
and 752 of the Tariff Act of 1930, as amended (the Act).\1\ As a result 
of its reviews, the Department found that revocation of the AD orders 
would likely lead to

[[Page 53173]]

continuation or recurrence of dumping and that revocation of the CVD 
order would likely lead to continuation or recurrence of a 
countervailable subsidy, and notified the ITC of the margins of dumping 
and the countervailable 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) 
(Expedited Sunset). In Expedited Sunset, the Department incorrectly 
noted the case number for the AD order on lined paper from the PRC 
as ``A-579-901.'' The correct AD case number is ``A-570-901.'' See 
also Final Results of Expedited Sunset Review of Countervailing Duty 
Order: Certain Lined Paper Products From India, 76 FR 76147 
(December 6, 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 India and the PRC would be likely to lead to 
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). With regard to the AD and CVD orders on lined paper 
from Indonesia, the ITC determined that the revocation of those 
orders would not be likely to lead to the continuation or recurrence 
of material injury to an industry in the United States.
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Scope of the Orders

    The products covered by these AD and CVD 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

[[Page 53174]]

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 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 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.
    Since the issuance of the PRC AD order, the Department has 
clarified the scope of that 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.\11\
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    \11\ 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).
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Continuation of the Orders

    As a result of the determinations by the Department and the ITC 
that revocation of these AD and CVD orders would likely lead to 
continuation or recurrence of dumping or a countervailable subsidy, and 
of material injury to an industry in the United States, pursuant to 
section 751(d)(2) of the Act, the Department hereby orders the 
continuation of the AD and CVD orders on lined paper from India and the 
AD order on lined paper from the PRC.
    U.S. Customs and Border Protection will continue to collect cash 
deposits at the rates in effect at the time of entry for all imports of 
subject merchandise. The effective date of the continuation of these 
orders is the date of publication in the Federal Register of this 
notice of continuation. Pursuant to section 751(c)(2) of the Act, the 
Department intends to initiate the next five-year review of these 
finding/orders not later than 30 days prior to the fifth anniversary of 
the effective date of the continuations.
    These five-year (sunset) reviews and notice are in accordance with 
section 751(c) of the Act and published pursuant to sections 751(c) and 
777(i)(1) of the Act, as well as 19 CFR 351.218(f)(4).

    Dated: August 24, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-21610 Filed 8-30-12; 8:45 am]
BILLING CODE 3510-DS-P