[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Notices]
[Pages 65274-65277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25998]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-901]


Certain Lined Paper Products From the People's Republic of China: 
Notice of Final Results and Partial Rescission of Antidumping Duty 
Administrative Review; 2011-2012

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: On June 10, 2013, the Department of Commerce (the Department) 
published in the Federal Register its preliminary results of the sixth 
administrative review of the antidumping duty order \1\ on certain 
lined paper products from the People's Republic of China (PRC).\2\ The 
period of review (POR) is September 1, 2011, through August 31, 2012. 
We invited parties to comment on the Preliminary Results, however, no 
party submitted any comments. The current review covers three 
exporters: Leo's Quality Products Co., Ltd./Denmax Plastic Stationery 
Factory (Leo/Denmax), Shanghai Lian Li Paper Products Co., Ltd. (Lian 
Li), and Hwa Fuh Plastics Co., Ltd./Li Teng Plastics (Shenzhen) Co., 
Ltd. (Hwa Fuh/Li Teng). For these final results, we made no changes to 
our preliminary results. We are rescinding the review with respect to 
Hwa Fuh/Li Teng. We continue to find Leo/Denmax to be part of the PRC-
wide entity. In addition, we continue to find that Lian Li made no 
shipments to the United States during the POR and will retain its 
separate rate status.
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    \1\ 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).
    \2\ See Certain Lined Paper Products from the People's Republic 
of China: Preliminary Results and Rescission in Part of Antidumping 
Duty Administrative Review; 2011-2012, 78 FR 34640 (June 10, 2013) 
(Preliminary Results).

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DATES: Effective Date: October 31, 2013.

FOR FURTHER INFORMATION CONTACT: Cindy Robinson, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-3797.

SUPPLEMENTARY INFORMATION:

Background

    On June 10, 2013, the Department published the Preliminary Results. 
We invited interested parties to comment on the Preliminary Results, 
but we received no comments. The Department has conducted this 
administrative review in accordance with section 751(a) of the Tariff 
Act of 1930, as amended (the Act).
    In the Preliminary Results, the Department found that Lian Li made 
no shipments to the United States during the POR and preliminary 
determined not to rescind the review with respect to Lian Li, but to 
issue appropriate instructions to U.S. Customs and Border Protection 
(CBP) based on the final results of the review.\3\ In addition, the 
Department preliminarily rescinded this review with respect to Hwa Fuh/
Li Teng because the questionnaire sent to this company was returned to 
the Department because of an undeliverable address. Hwa Fuh/Li Teng has 
no valid address and could not be contacted. In addition, because Leo/
Denmax did not respond to the Department's questionnaire nor did it 
submit a proper no shipments notification to the Department, we 
preliminarily determined that Leo/Denmax failed to demonstrate that it 
operates free from government control. Thus, we preliminarily 
determined Leo/Denmax to be part of the PRC-wide entity.\4\ We invited 
interested parties to submit comments on our Preliminary Results, but 
we received no comments. Therefore, for these final results, we 
continue to find Leo/Denmax to be part of the PRC-wide entity.
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    \3\ Id.
    \4\ Id.
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    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department has exercised its discretion 
to toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\5\ Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days. If the new deadline falls on a non-business day, in accordance 
with the Department's practice, the deadline will become the next 
business day. The

[[Page 65275]]

revised deadline for the final results of this review is now October 
24, 2013.
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    \5\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government'' (October 18, 2013).
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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:
     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 (products found to be bearing an invalidly 
licensed or used trademark are not excluded from the scope).
     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 (products found to be bearing an 
invalidly licensed or used trademark are not excluded from the scope).
     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 (products found to be bearing an 
invalidly licensed or used trademark are not excluded from the scope).
     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

[[Page 65276]]

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 
(products found to be bearing an invalidly licensed or used trademark 
are not excluded from the scope).
    Merchandise subject to this order is typically imported under the 
following Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings: 4811.90.9035, 4811.90.9080, 4820.30.0040, 4810.22.5044, 
4811.90.9050, 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.\6\ The 
HTSUS headings are provided for convenience and customs purposes; 
however, the written description of the scope of this order is 
dispositive.
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    \6\ In the Preliminary Results, we inadvertently listed only the 
following eight HTSUS numbers: 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. The certain lined paper products 
order covers 13 HTSUS numbers currently. See Certain Lined Paper 
Products From India: Notice of Preliminary Results of Antidumping 
Duty Administrative Review, 76 FR 62343 (October 7, 2011) at 
footnote 3 for the latest update of the HTS numbers for the certain 
lined paper products order; see also Memorandum from Gayle Longest, 
Case Analyst, through James Terpstra to the File, dated July 6, 2011 
and July 11, 2011, where additional HTSUS numbers were added to the 
certain lined paper products order based on requests from a National 
Import Specialist of CBP.
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    Since the issuance of the 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.\7\
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    \7\ 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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Final Rescission of Review With Respect to Company With No Valid 
Address

    The Department preliminarily rescinded the review with respect to 
Hwa Fuh/Li Teng because the Department was unable to deliver the 
initial questionnaire to the company using the address provided by 
Petitioners. Since we did not receive any comments on our Preliminary 
Results, we are rescinding the review with respect to Hwa Fuh/Li Teng 
in these final results, in accordance with our practice of rescinding 
the review of companies when the questionnaires sent to these companies 
were returned to the Department because of undeliverable addresses.\8\
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    \8\ See 19 CFR 351.213(d)(3) and Certain Steel Concrete 
Reinforcing Bars from Turkey; Preliminary Results and Partial 
Rescission of Antidumping Duty Administrative Review, 71 FR 26,455, 
26,457 (May 5, 2006) (unchanged in Certain Steel Concrete 
Reinforcing Bars From Turkey: Final Results and Rescission of 
Antidumping Duty Administrative Review in Part, 71 FR 65082 
(November 7, 2006)); see also Certain Frozen Warmwater Shrimp from 
India: Preliminary Results and Partial Rescission of Antidumping 
Duty Administrative Review, 72 FR 10658, (March 9, 2007) (unchanged 
in Certain Frozen Warmwater Shrimp from India: Final Results and 
Partial Rescission of Antidumping Duty Administrative Review, 72 FR 
52055 (September 12, 2007)).
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Company With No-Shipments Assertion

    Lian Li timely submitted a certification of non-shipment of subject 
merchandise to the United States during the POR. In the Preliminary 
Results, consistent with its practice, the Department stated its intent 
to continue the review of Lian Li. Because there is no information on 
the record which indicates that Lian Li made shipments of subject 
merchandise which entered the United States during the POR, including 
our analysis of the CBP data, and because we did not receive any 
comments on our Preliminary Results, we continue to determine that Lian 
Li had no sales to the United States during the POR. In accordance with 
the Department's Assessment of Antidumping Duties \9\ and past 
practice,\10\ we find it appropriate in this case to instruct CBP to 
liquidate any existing entries of merchandise produced by Lian Li and 
exported by other parties at the PRC-wide entity rate. Therefore, the 
Department will issue appropriate instructions to CBP for any entries 
made under Lian Li's name during the POR.
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    \9\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment of 
Antidumping Duties); see also Antidumping and Countervailing Duty 
Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 
2003). In Assessment of Antidumping Duties, we explained that, for 
entries that are not reported in the reviewed company's U.S. sales 
databases submitted to the Department during an administrative 
review, or otherwise determined not covered by the review (i.e., the 
reviewed exporter claims no shipments), the Department will instruct 
CBP to liquidate such entries at the non-market economy wide rate as 
opposed to the company-specific rate declared by the importer at the 
time of entry, thereby ensuring that this practice in NME 
proceedings will be consistent with the application of the same 
liquidation practice in market-economy proceedings.
    \10\ See, e.g., Certain Frozen Warmwater Shrimp From the 
People's Republic of China: Preliminary Results and Preliminary 
Partial Rescission of Fifth Antidumping Duty Administrative Review, 
76 FR 8338 (February 14, 2011) (unchanged in Administrative Review 
of Certain Frozen Warmwater Shrimp From the People's Republic of 
China: Final Results and Partial Rescission of Antidumping Duty 
Administrative Review, 76 FR 51940 (August 19, 2011)).
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PRC-Wide Entity

    In the Preliminary Results, the Department determined that Leo/
Denmax failed to demonstrate its eligibility for a separate rate and 
was considered part of the PRC-wide entity.\11\ After issuing the 
Preliminary Results, the Department did not receive any comments from 
interested parties. Because nothing has changed with respect to these 
companies since the Preliminary Results, we continue to find Leo/Denmax 
to be part of the PRC-wide entity.
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    \11\ See Preliminary Results.
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Final Results of Review

    The Department has made no changes to the Preliminary Results. As a 
result of our review, we determine that the following margin exists for 
the period September 1, 2011, through August 31, 2012:

------------------------------------------------------------------------
                                                            Weighted-
                        Exporter                          average margin
                                                            (percent)
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PRC-wide Entity (including Leo/Denmax).................          258.21
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), the Department has determined, and CBP shall assess, 
antidumping duties on all appropriate entries of subject merchandise 
and deposits of estimated duties, where applicable, in accordance with 
the final results of this review. The Department intends to issue 
assessment instructions to CBP 15 days after the date of publication of 
these final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of this administrative 
review for all shipments of certain lined paper products from the PRC 
entered, or withdrawn from warehouse, for consumption on or after the 
date of

[[Page 65277]]

publication, as provided by section 751(a)(2)(C) of the Act: (1) For 
previously investigated or reviewed PRC and non-PRC exporters not 
listed above that have separate rates, the cash deposit rate will 
continue to be the exporter-specific rate published for the most recent 
period; (2) for all PRC exporters of subject merchandise which have not 
been found to be entitled to a separate rate, the cash-deposit rate 
will be PRC-wide rate of 258.21 percent; and (3) for all non-PRC 
exporters of subject merchandise which have not received their own 
rate, the cash-deposit rate will be the rate applicable to the PRC 
exporter that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
written notification of the destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an APO is a sanctionable violation.
    We are issuing and publishing these results and this notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: October 23, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-25998 Filed 10-30-13; 8:45 am]
BILLING CODE 3510-DS-P