[Federal Register Volume 79, Number 14 (Wednesday, January 22, 2014)]
[Notices]
[Pages 3567-3569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01163]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-843]


Certain Lined Paper Products From India: Initiation of Changed 
Circumstances Review

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

SUMMARY: The Department of Commerce (the Department) has received 
information sufficient to warrant initiation of a changed circumstances 
review of the antidumping duty order on certain lined paper products 
(CLPP) from India. Specifically, based upon a request filed by Navneet 
Education Limited (Navneet Education), a producer/exporter to the 
United States of subject merchandise, the Department is initiating a 
changed circumstances review to determine whether Navneet Education is 
the successor-in-interest of Navneet Publications (India) Ltd. (Navneet 
Publications), a mandatory respondent in several prior administrative 
reviews of the CLPP Order.\1\
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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) 
(CLPP Order).

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DATES: Effective January 22, 2014.

FOR FURTHER INFORMATION CONTACT: Cindy Robinson or Eric B. Greynolds, 
AD/CVD Operations, Office III, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-3797 and (202) 482-6071, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On September 28, 2006, the Department published an antidumping duty 
order on CLPP from India.\2\ On October 17, 2013,\3\ Navneet Education 
informed the Department that effective September 30, 2013, the former 
company ``Navneet Publications'' \4\ changed its name to Navneet 
Education in accordance with the company's existing board of directors' 
resolution and Indian law. Navneet Education stated that the name 
change process began in August 2013 and was finalized by the end of 
September 2013. Navneet Education submitted a copy of ``Fresh 
Certificate of Incorporation Consequent upon Change of Name'' approved 
by ``Government of India--Ministry of Corporate Affairs, Registrar of 
Companies, Maharashtra, Mumbai,'' dated October 17, 2013.\5\
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    \2\ See CLPP Order.
    \3\ See Certain Lined Paper Products from India: Request for 
Changed Circumstances Reviews of Navneet Publications (India) Ltd. 
(October 17, 2013) (CCR Request) at 8.
    \4\ CCR Request at 2 indicated that Navneet Publications has 
participated as a respondent in the original antidumping duty 
investigation, and it has been a respondent in several antidumping 
duty administrative reviews, most often as a named mandatory 
respondent (e.g., in the second through fourth reviews it received 
the following company-specific margins of 1.34 percent, 0.43 
percent, and 2.7 percent, respectively. In the fifth review, Navneet 
Publications received a non-selected rate of 11.01 percent. In the 
ongoing sixth review, it is again selected as a mandatory 
respondent).
    \5\ See CCR Request at Attachment 1.
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    Navneet Education explained that the purpose of its name change is 
to reflect the broader educational scope of the company's business in 
recent years, beyond the traditional and narrower paper publication 
line of business implied by the former name. Specifically, Navneet 
Education indicated that its company's ``modern development and 
direction of its business has established the company as a leading 
supplier of educational publications, a strong brand in the field of 
educational and children's publications and scholastic stationary

[[Page 3568]]

products, and a major innovator and provider of digital learning 
services.'' \6\
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    \6\ Id., at 4.
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    The company now known as Navneet Education requests that: (1) The 
Department conduct a changed circumstances review pursuant to section 
751(b)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 
351.216 to determine that it is the successor-in-interest to Navneet 
Publications for purposes of the antidumping order; and (2) the 
Department issue instructions to Customs and Border Protection (CBP) 
that reflect this conclusion.\7\ We received no comments from any other 
interested party.
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    \7\ Id., at 1-2.
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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

[[Page 3569]]

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 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 
headings 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 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.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Act, the Department will 
conduct a changed circumstances review upon receipt of information 
concerning, or a request from, an interested party for a review of an 
antidumping duty order which shows changed circumstances sufficient to 
warrant a review of the order. In the event that the Department 
determines that expedited action is warranted, 19 CFR 351.221(c)(3)(ii) 
permits the Department to combine the notices of initiation and 
preliminary results.
    In accordance with 19 CFR 351.216(d), the Department has determined 
that the information submitted by Navneet Education constitutes 
sufficient evidence to conduct a changed circumstances review. In an 
antidumping duty changed circumstances review involving a successor-in-
interest determination, the Department typically examines several 
factors including, but not limited to, changes in: (1) Management; (2) 
production facilities; (3) supplier relationships; and (4) customer 
base.\8\ While no single factor or combination of factors will 
necessarily be dispositive, the Department generally will consider the 
new company to be the successor to the predecessor if the resulting 
operations are essentially the same as those of the predecessor 
company.\9\ Thus, if the record demonstrates that, with respect to the 
production and sale of the subject merchandise, the new company 
operates as the same business entity as the predecessor company, the 
Department may assign the new company the cash deposit rate of its 
predecessor.\10\
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    \8\ See, e.g., Certain Activated Carbon From the People's 
Republic of China: Notice of Initiation of Changed Circumstances 
Review, 74 FR 19934, 19935 (April 30, 2009).
    \9\ See, e.g., Notice of Initiation of Antidumping Duty Changed 
Circumstances Review: Certain Forged Stainless Steel Flanges from 
India, 71 FR 327 (January 4, 2006).
    \10\ See, e.g., Fresh and Chilled Atlantic Salmon From Norway; 
Final Results of Changed Circumstances Antidumping Duty 
Administrative Review, 64 FR 9979, 9980 (March 1, 1999).
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    Based on the information provided in its submission, Navneet 
Education has provided sufficient evidence to warrant a review to 
determine if it is the successor-in-interest to Navneet Publication. 
Therefore, pursuant to section 751(b)(1) of the Act and 19 CFR 
351.216(d), we are initiating a changed circumstances review. However, 
the Department finds it is necessary to issue a questionnaire 
requesting additional information for the review as provided for by 19 
CFR 351.221(b)(2). For that reason, the Department is not conducting 
this review on an expedited basis by publishing preliminary results in 
conjunction with this notice of initiation. The Department will publish 
in the Federal Register a notice of the preliminary results of the 
antidumping duty changed circumstances review, in accordance with 19 
CFR 351.221(b)(4), and 19 CFR 351.221(c)(3)(i). That notice will set 
forth the factual and legal conclusions upon which our preliminary 
results are based and a description of any action proposed.
    Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have 
an opportunity to comment on the preliminary results of review. In 
accordance with 19 CFR 351.216(e), the Department will issue the final 
results of its antidumping duty changed circumstances review not later 
than 270 days after the date on which the review is initiated, or not 
later than 45 days if all parties to the proceeding agree to the 
outcome of the review.
    This notice is published in accordance with sections 751(b)(l) and 
777(i)(l) of the Act and 19 CFR 351.216(b) and 351.221(b)(1).

    Dated: January 14, 2014.
Christian Marsh,
Deputy Assistant Secretary, for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2014-01163 Filed 1-21-14; 8:45 am]
BILLING CODE 3510-DS-P