[Federal Register Volume 76, Number 181 (Monday, September 19, 2011)]
[Notices]
[Pages 57951-57953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24009]
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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 Rescission of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: September 19, 2011.
FOR FURTHER INFORMATION CONTACT: Joy Zhang or Victoria Cho, AD/CVD
[[Page 57952]]
Operations, Office 3, Import Administration, International Trade
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 People's Republic of
China (``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:
Shanghai Lian Li Paper Products Co., Ltd. (``Lian Li''), Hwa Fuh
Plastics Co., Ltd./Li Teng Plastics (Shenzhen) Co., Ltd. (``Hwa Fuh/Li
Teng''),\2\ 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''). 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 June 13, 2011, we preliminarily rescinded this review with
respect to Leo/Denmax, Lian Li, and the Watanabe Group based on
evidence on the record indicating that Leo/Denmax, Lian Li, and the
Watanabe Group had no shipments of subject merchandise which entered
the United States during the period September 1, 2009, through August
31, 2010. See Certain Lined Paper Products From the People's Republic
of China; Notice of Preliminary Intent To Rescind the Antidumping Duty
Administrative Review, 76 FR 34204 (June 13, 2011) (``Preliminary
Rescission''). We invited interested parties to submit comments on our
Preliminary Rescission. We did not receive any comments on our
Preliminary Rescission.
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
[[Page 57953]]
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 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 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.
Period of Review (``POR'')
The POR is September 1, 2009, through August 31, 2010.
Final Rescission of Review
Because there is no information on the record which indicates that
the Watanabe Group, Lian Li, and Leo/Denmax made shipments of subject
merchandise which entered the United States during the POR, and because
we did not receive any comments on our Preliminary Rescission, in
accordance with 19 CFR 351.213(d)(3) and consistent with our practice,
we are rescinding this review of the antidumping duty order on certain
lined paper products from the PRC for the period of September 1, 2009,
through August 31, 2010. 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.
The Department will instruct U.S. Customs and Border Protection
(``CBP'') to assess antidumping duties on all appropriate entries.
Antidumping duties shall be assessed at rates equal to the cash deposit
of estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, in accordance with 19 CFR
351.212(c)(2). The Department will issue appropriate assessment
instructions directly to CBP 15 days after publication of this notice.
Notification to Importers
This notice serves as a final reminder to importers for whom this
review is being rescinded, as of the publication date of this notice,
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 Secretary's
presumption that reimbursement of the 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, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/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.
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
Dated: September 12, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2011-24009 Filed 9-16-11; 8:45 am]
BILLING CODE 3510-DS-P