[Federal Register Volume 76, Number 159 (Wednesday, August 17, 2011)]
[Notices]
[Pages 50998-51000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21010]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-901]
Certain Lined Paper Products From People's Republic of China:
Initiation and Preliminary Results of Changed Circumstances Review, and
Intent To Revoke Order in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: August 17, 2011.
SUMMARY: On June 30, 2011, the Department of Commerce (``Department'')
received a request from the Association of American School Paper
Suppliers (``AASPS'') \1\ for a changed circumstances review for the
purpose of revoking, in part, the antidumping duty order on certain
lined paper products (``CLPP'') from the People's Republic of China
(``PRC''). AASPS claims that producers accounting for substantially all
of the production of the domestic like product to which the order was
issued no longer wish to maintain the order with respect to
FiveStar[supreg] AdvanceTM notebooks and notebook organizers
without polyvinyl chloride (``PVC'') coatings. Therefore, we are
notifying the public of our intent to revoke, in part, the antidumping
duty order as it relates to imports of FiveStar[supreg]
AdvanceTM notebooks and notebook organizers as described
below. The Department invites interested parties to comment on these
preliminary results.
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\1\ AASPS is the domestic industry coalition that filed the
underlying antidumping (``AD'') petition, and consists of three
members--MeadWestvaco Corporation (``MWV''), Norcom, Inc., and Top
Flight Inc.
FOR FURTHER INFORMATION CONTACT: Cindy Robinson, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW., Washington DC 20230; telephone
(202) 482-3797.
Background
On September 8, 2006, the Department published its final
determination in the antidumping duty investigation of CLPP from the
PRC.\2\ On September 28, 2006, the Department issued an antidumping
duty order.\3\
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\2\ See Notice of Final Determination of Sales at Less Than Fair
Value, and Affirmative Critical Circumstances, In Part: Certain
Lined Paper Products from the People's Republic of China, 71 FR
53079 (September 8, 2006) (``Final Determination'').
\3\ 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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[[Page 50999]]
On June 30, 2011, the Department received a request from AASPS for
a changed circumstances review to revoke, in part, the antidumping duty
order on CLPP from the PRC with respect to FiveStar[supreg]
AdvanceTM notebooks and notebook organizers without PVC
coatings. We have not received comments from any other party.
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
[[Page 51000]]
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 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 HTSUS
headings are provided for convenience and customs purposes; however,
the written description of the scope of this order is dispositive.
Since the issuance of the order, the Department has issued numerous
scope rulings.
Initiation and Preliminary Results of Changed Circumstances Review, and
Intent To Revoke Order in Part
At the request of AASPS, and in accordance with sections 751(b)(1)
and (d)(1) of the Tariff Act of 1930, as amended (``Act''), and 19 CFR
351.216, the Department is initiating a changed circumstances review of
the AD order on CLPP from the PRC to determine whether partial
revocation of the order is warranted with respect to FiveStar[supreg]
AdvanceTM notebooks and notebook organizers without PVC
coatings. Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i)
provide that the Department may revoke an order (in whole or in part)
if it determines that producers accounting for substantially all of the
production of the domestic like product have expressed a lack of
interest in the order, in whole or in part. To establish whether the
producers represent ``substantially all'' of domestic producers, as set
forth in section 782(h) of the Act, and 19 CFR 351.222(g)(1)(i), the
Department has previously interpreted this term to mean those domestic
producers accounting for at least 85 percent of the total production of
domestic like product covered by the order. See 19 CFR 351.208(c). In
addition, in the event 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 section 751(b) of the Act, and 19 CFR
351.222(g)(l)(i) and 351.221(c)(3), we are initiating this changed
circumstances review and have determined that expedited action is
warranted. AASPS asserts that MWV is the sole domestic producer of
FiveStar[supreg] AdvanceTM notebooks and notebook organizers
without PVC coatings and further, based on information reasonably
available to the AASPS with respect to the U.S. lined paper market, the
producers accounting for substantially all of the production of the
domestic like product to which the order pertains support the request
for changed circumstances review as filed.\4\ Consistent with
established precedent,\5\ because AASPS, the petitioner in the
underlying investigation, has made an affirmative statement of no
interest and claimed that parties accounting for more than 85 percent
of production of the domestic like product support the partial
revocation, we are accepting their claim. In accordance with section
751(b) of the Act and 19 CFR 351.222(g)(1)(i), and absent any evidence
to the contrary, we find that substantially all of the producers of the
domestic like product have expressed a lack of interest in maintaining
the order with respect to FiveStar[supreg] AdvanceTM
notebooks and notebook organizers without PVC coatings. Based on the
expression of no interest by companies accounting for substantially all
of the production of the domestic like product to which the CLPP Order
pertains, we preliminarily determine that the domestic producers of the
like product have no interest in the continued application of the AD
order on CLPP from the PRC to the merchandise that is subject to this
request. Accordingly, we are notifying the public of our intent to
revoke, in part, the AD order with respect to FiveStar[supreg]
AdvanceTM notebooks and notebook organizers without PVC
coatings. Therefore, we intend to change the scope of the order on CLPP
from the PRC to include the following exclusion: Excluded from the
scope is FiveStar[supreg] AdvanceTM notebooks and notebook
organizers without PVC coatings.
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\4\ See AASPS's June 29, 2011, letter to the Department at pgs.
5-6.
\5\ See, e.g., Certain Corrosion-Resistant Carbon Steel Flat
Products and Cut-to-Length Carbon Steel Plate Products From Germany:
Preliminary Results of Countervailing Duty Changed Circumstances
Reviews, 69 FR 4114 (January 28, 2004), unchanged in Certain
Corrosion-Resistant Carbon Steel Flat Products and Cut-to-Length
Carbon Steel Plate Products from Germany: Final Results of
Countervailing Duty Changed Circumstances Reviews and Revocation of
the Orders, in Whole, 69 FR 17132 (April 1, 2004). See also Certain
Pasta From Italy: Preliminary Results of Countervailing Duty Changed
Circumstances Review and Intent To Revoke, In Part, 75 FR 78223
(December 15, 2010), unchanged in Certain Pasta From Italy: Final
Results of Countervailing Duty Changed Circumstances Review and
Revocation, In Part, 76 FR 27634 (May 12, 2011).
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Public Comment
Interested parties are invited to comment on these preliminary
results. Written comments may be submitted no later than 14 days after
the date of publication of these preliminary results. Rebuttals to
written comments, limited to issues raised in such comments, may be
filed no later than 21 days after the date of publication of these
preliminary results. The Department will issue the final results of
this changed circumstances review, which will include its analysis of
any written comments, no later than 270 days after the date on which
this review was initiated, or within 45 days if all parties agree to
our preliminary results. See 19 CFR 351.216(e).
If final revocation occurs, we will instruct U.S. Customs and
Border Protection to end the suspension of liquidation for the
merchandise covered by the revocation on the effective date of the
notice of revocation and to release any cash deposit or bond. See 19
CFR 351.222(g)(4). The current requirement for a cash deposit of
estimated antidumping duties on all subject merchandise will continue
unless and until it is modified pursuant to the final results of this
changed circumstances review.
This initiation and preliminary results of review and notice are in
accordance with sections 751(b) and 777(i) of the Act and 19 CFR
351.216, 351.221, and 351.222.
Dated: August 11, 2011.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-21010 Filed 8-16-11; 8:45 am]
BILLING CODE 3510-DS-P