[Federal Register Volume 88, Number 159 (Friday, August 18, 2023)]
[Notices]
[Pages 56591-56593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17811]


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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 Duty Orders and Countervailing 
Duty Order

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

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

DATES: Applicable August 9, 2023.

FOR FURTHER INFORMATION CONTACT: Samuel Brummitt, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-7851.

SUPPLEMENTARY INFORMATION:

Background

    On September 28, 2006, Commerce published in the Federal Register 
the AD orders on lined paper from India and China and the CVD order on 
lined paper from India.\1\ On February 1, 2023, the ITC instituted,\2\ 
and Commerce initiated,\3\ the third sunset reviews of the Orders, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act). As a result of its reviews, Commerce determined that revocation 
of the Orders would likely lead to the continuation or recurrence of 
dumping and countervailable subsidies, and therefore, notified the ITC 
of the magnitude of the margins of dumping and subsidy rates likely to 
prevail should the Orders be revoked.\4\
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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) 
(Orders).
    \2\ See Lined Paper School Supplies from China and India; 
Institution of Five-Year Reviews; 88 FR 6787 (February 1, 2023).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 6700 
(February 1, 2023).
    \4\ See Certain Lined Paper Products from India and the People's 
Republic of China: Final Results of Expedited Third Sunset Reviews 
of the Antidumping Duty Orders, 88 FR 32187 (May 19, 2023), and 
accompanying Issues and Decision Memoranda; see also Certain Lined 
Paper Products from India: Final Results of the Expedited Sunset 
Review of the Countervailing Duty Order, 88 FR 36535 (June 5, 2023).
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    On August 9, 2023, the ITC published its determination, pursuant to 
sections 751(c) and 752(a) of the Act, that revocation of the Orders 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\5\
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    \5\ See Lined Paper School Supplies from China and India, 88 FR 
53917 (August 9, 2023) (ITC Final Determination).
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Scope of the Orders

    The products covered by the Orders are 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 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.
    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;

[[Page 56592]]

     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 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 (``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 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 (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 \23/8\'' 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 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 the orders is typically imported under 
headings 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 the orders 
is dispositive.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to continuation or 
recurrence of dumping, countervailable subsidies, and material injury 
to an industry in the United States, pursuant to section 751(d)(2) of 
the Act, Commerce hereby orders the continuation of the Orders. U.S. 
Customs and Border Protection will continue to collect AD and CVD 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 the Orders will be August 
9, 2023.\6\ Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year reviews 
of the Orders not later than 30 days prior to fifth anniversary of the 
date of the last determination by the Commission.
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    \6\ See ITC Final Determination.
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Administrative Protective Order (APO)

    This notice also serves as a final reminder to parties subject to 
an APO of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3), which continues to govern business proprietary 
information in this segment of the proceeding. Timely written 
notification of the return or 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 violation which 
is subject to sanction.

Notification to Interested Parties

    These five-year (sunset) reviews and this notice are in accordance 
with

[[Page 56593]]

sections 751(c) and 751(d)(2) of the Act and published in accordance 
with section 777(i) of the Act, and 19 CFR 351.218(f)(4).

    Dated: August 14, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-17811 Filed 8-17-23; 8:45 am]
BILLING CODE 3510-DS-P