[Federal Register Volume 76, Number 113 (Monday, June 13, 2011)]
[Notices]
[Pages 34204-34207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14573]
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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 Preliminary Intent To Rescind the Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
the fourth administrative review of the antidumping duty order on
certain lined paper products (``lined paper'') from the People's
Republic of China (``PRC'') with respect to three producers/exporters
for the period September 1, 2009, through August 31, 2010. We are
preliminarily rescinding the review with respect to Shanghai Lian Li
Paper Products Co. Ltd. (``Lian Li''); Leo's Quality Products Co.,
Ltd./Denmax Plastic Stationery Factory (``Leo/Denmax''); and the
Watanabe Group (consisting of Watanabe Paper Products (Shanghai) Co.,
Ltd. (``Watanabe Shanghai''); Watanabe Paper Products (Linqing) Co.,
Ltd. (``Watanabe Linqing''); and Hotrock Stationery (Shenzhen) Co.,
Ltd. (``Hotrock Shenzhen'') (hereafter referred to as ``Watanabe'' or
the ``Watanabe Group'')).
Interested parties are invited to comment on these preliminary
results. We intend to issue the final results no later than 120 days
from the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Tariff Act of 1930, as amended (``the Act'').
DATES: Effective Date: June 13, 2011.
FOR FURTHER INFORMATION CONTACT: Joy Zhang or Victoria Cho, AD/CVD
Operations, Office 3, Import Administration, International Trade
[[Page 34205]]
Administration, Department of Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230; telephone: (202) 482-1168 or (202)
482-5075, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 1, 2010, the Department published in the Federal
Register a notice of opportunity to request an administrative review of
the antidumping duty order on lined paper from the PRC, for the period
September 1, 2009, through August 31, 2010. See Antidumping or
Countervailing Duty Order, Finding, or Suspended Investigation:
Opportunity to Request Administrative Review, 75 FR 53635 (September 1,
2010). On September 30, 2010, we received a request from petitioner \1\
to review the following four companies: Lian Li, Hwa Fuh Plastics Co.,
Ltd./Li Teng Plastics (Shenzhen) Co., Ltd. (``Hwa Fuh/Li Teng''),\2\
Leo/Denmax; and the Watanabe Group (consisting of Watanabe Shanghai,
Watanabe Linqing, and Hotrock Shenzhen). On October 28, 2010, we
published in the Federal Register the notice of initiation of this
antidumping duty administrative review with respect to Lian Li, Leo/
Denmax, and the Watanabe Group. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and Request for Revocation
in Part, 75 FR 66349 (October 28, 2010) (``Initiation Notice'').
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\1\ The petitioner is the Association of American School Paper
Suppliers (``AASPS'').
\2\ The Department was unable to locate Hwa Fuh/Li Teng in prior
segments. The petitioner did not provide any new information as to
Hwa Fuh/Li Teng's location in its review request letter.
Accordingly, pursuant to 19 CFR 351.303(f)(3)(ii), the Department
did not accept a request for an administrative review of Hwa Fuh/Li
Teng.
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On November 12, 2010, we issued the non-market economy antidumping
questionnaire to Leo/Denmax, Lian Li, and the Watanabe Group via FedEx
Express.
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 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 this order are the following
trademarked products:
Fly \TM\ 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 Fly \TM\ pen-top
computer. The product must bear the valid trademark Fly \TM\ (products
found to be bearing an invalidly licensed or used trademark are not
excluded from the scope).
Zwipes \TM\: 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 Zwipes \TM\ 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 Zwipes \TM\
(products found to be bearing an invalidly licensed or used trademark
are not excluded from the scope).
FiveStar[supreg]Advance \TM\: 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
[[Page 34206]]
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]Advance \TM\ (products found to be
bearing an invalidly licensed or used trademark are not excluded from
the scope).
FiveStar Flex \TM\: 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 Flex \TM\ (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 4820.10.2050, 4810.22.5044, 4811.90.9090, 4820.10.2010,
4820.10.2020 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.
Preliminary Intent To Rescind the Administrative Review
On December 15 and December 22, 2010, Lian Li and the Watanabe
Group submitted letters, respectively, certifying that they did not
export the subject merchandise to the United States during the period
of review (``POR''). On December 22, 2010, the petitioner submitted a
letter pointing out that Lian Li's certification referenced the
incorrect POR. On December 27, 2010, Lian Li submitted a letter
clarifying the correct POR. On January 03, 2011, Leo/Denmax also
certified that it did not export the subject merchandise to the United
States during the POR. Both Lian Li and Leo/Denmax requested that the
Department rescind the administrative review with respect to each
company. On January 5, 2011, the petitioner submitted a letter
questioning the Watanabe Group's no shipment claim. The petitioner
requested that the Department obtain from U.S. Customs and Border
Protection (``CBP'') copies of any entry documents during the POR that
list any Watanabe Group companies as the exporter of record.
On February 7, 2011, we conducted an internal query of the CBP
entry data with respect to the three companies. The CBP data entry
confirms the claims of no shipments from Lian Li, Leo/Denmax and the
Watanabe Group, and we issued a memorandum explaining our analysis.\3\
We did not receive any comments regarding these CBP data results. On
May 18, 2011, the Department sent an inquiry to CBP requesting
notification as to whether it had information indicating that there
were shipments of subject merchandise into the United States by
Watanabe, Lian Li, or Leo/Denmax during the POR. The Department did not
receive notification from CBP indicating that there were any shipments
by the Watanabe Group, Lian Li, or Leo/Denmax during the POR.
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\3\ See Memorandum to the File, through Melissa Skinner, Office
Director and James Terpstra, Program Manager, AD/CVD Operations,
Office 3, from Joy Zhang, Case Analyst, titled ``Certain Lined Paper
Products from the People's Republic of China--Customs and Border
Protection (``CBP'') Data for Corroboration of Claims of No
Shipments,'' dated April 6, 2011.
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In this case, as stated above, the Watanabe Group, Lian Li and Leo/
Denmax certified that they had no shipments and the Department has
confirmed through its examination of data from CBP that there were no
shipments of subject merchandise during the POR by the Watanabe Group
and/or Lian Li and/or Leo/Denmax.
Therefore, in accordance with 19 CFR 351.213(d)(3) and consistent
with our practice, we are preliminarily rescinding this review of the
antidumping duty order on lined paper from the PRC, for the period
September 1, 2009, through August 31, 2010. If the rescission is
confirmed in our final results, the cash deposit rate for the Watanabe
Group, Lian Li, and Leo/Denmax will continue to be the rate established
in the most recently completed segment of this proceeding.
Comments
In accordance with 19 CFR 351.301(c)(1), for the final results of
these NSRs, interested parties may submit factual information to rebut,
clarify, or correct factual information submitted by an interested
party less than ten days before, on, or after, the applicable deadline
for submission of such factual information. However, the Department
notes that 19 CFR 351.301(c)(1) permits new information only insofar as
it rebuts, clarifies, or corrects information recently placed on the
record.\4\
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\4\ See Glycine from the People's Republic of China: Final
Results of Antidumping Duty Administrative Review and Final
Rescission in Part, 72 FR 58809 (October 17, 2007), and accompanying
Issues and Decision Memorandum at Comment 2.
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Interested parties may submit case briefs and/or written comments
for consideration in the Department's final results not later than 30
days after publication of this notice. See 19 CFR 351.309(c). Rebuttal
briefs and rebuttals to written comments, limited to issues raised in
such briefs or comments, may be submitted not later than five days
following submission of the comments. See 19 CFR 351.309(d). All
written comments must be submitted in accordance with 19 CFR 351.303,
and must be served on interested parties on the Department's service
list in accordance with 19 CFR 351.303(f)(3).
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Import Administration,
Room 1117,
[[Page 34207]]
within 30 days of the date of publication of this notice. Requests
should contain: (1) The party's name, address and telephone number; (2)
the number of participants; and (3) a list of issues to be discussed.
Id. Issues raised in the hearing will be limited to those raised in the
respective case briefs. The Department will issue the final results of
this administrative review, including the results of its analysis of
the issues raised in any written briefs, not later than 120 days after
the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act.
The Department will issue the final results of this administrative
review, which will include the results of its analysis of issues raised
in any such comments, within 120 days of publication of the preliminary
results, and will publish these results in the Federal Register.
Assessment Rates
The Department will instruct CBP to assess antidumping duties on
all appropriate entries. The Department intends to issue assessment
instructions to CBP 15 days after the date of publication of the final
results of this review.
Notification of Interested Parties
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 351.402(f) of the Department's
regulations 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 Secretary's presumption that reimbursement of antidumping
duties occurred and the subsequent assessment of double antidumping
duties.
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).
Dated: June 2, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-14573 Filed 6-10-11; 8:45 am]
BILLING CODE 3510-DS-P