[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)]
[Notices]
[Pages 9479-9481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04501]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-843, A-570-901 and 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 determinations by the Department of Commerce
(Commerce) and the International Trade Commission (ITC) that revocation
of the countervailing duty (CVD) order on certain lined paper products
(lined paper) from India and the antidumping duty (AD) orders on lined
paper from India and the People's Republic of China (China) would
likely lead to continuation or recurrence of dumping and
countervailable subsidies and material injury to an industry in the
United States, Commerce is publishing a notice of the continuation of
the AD orders and the CVD order.
DATES: Applicable March 6, 2018.
FOR FURTHER INFORMATION CONTACT: John Conniff, 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) 482-1009.
[[Page 9480]]
SUPPLEMENTARY INFORMATION:
Background
On September 28, 2006, Commerce published in the Federal Register
the AD orders on lined paper from India, Indonesia, and China, and the
CVD orders on lined paper from India and Indonesia.\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)
(Orders).
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On August 1, 2011, Commerce and the ITC initiated the first sunset
reviews of the Orders pursuant to section 751(c) of the Tariff Act of
1930, as amended (the Act).\2\ On August 24, 2012, pursuant to sections
751(c) and 752(a) of the Act, the ITC determined that revocation of the
AD orders on lined paper from India and China and the CVD order on
lined paper from India, but not the AD and CVD orders on lined paper
from Indonesia, would likely lead to continuation or recurrence of
material injury to an industry in the United States within a reasonably
foreseeable time.\3\ Accordingly, on August 31, 2012, Commerce
published a notice of the continuation of the CVD order on line paper
from India and the AD orders on lined paper from India and China, and
revoked the AD and CVD orders on lined paper from Indonesia.\4\
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\2\ See Initiation of Five-Year (Sunset) Review, 76 FR 45778
(August 1, 2011), and Certain Lined Paper School Supplies from
China, India, and Indonesia-Institution of Five-Year Reviews
Concerning the Countervailing Duty Orders on Certain Lined Paper
School Supplies from India and Indonesia and the Antidumping Duty
Orders on Certain Lined Paper School Supplies from China, India, and
Indonesia, 76 FR 45851 (August 1, 2011).
\3\ See Certain Lined Paper School Supplies from China, India,
and Indonesia, 77 FR 51570 (August 24, 2012). See also Certain Lined
Paper School Supplies from China, India, and Indonesia, Inv. Nos.
701-TA-442-443 and 731-TA-1095-1097 (Review), USITC Publication 4344
(August 2012).
\4\ See Certain Lined Paper Products from Indonesia: Revocation
of Antidumping and Countervailing Duty Orders, 77 FR 53174 (August
31, 2012), and Certain Lined Paper Products from India and the
People's Republic of China: Continuation of Antidumping and
Countervailing Duty Orders, 77 FR 53172 (August 31, 2012).
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On July 3, 2017, Commerce initiated and the ITC instituted second
sunset reviews of the CVD order on lined paper from India and the AD
orders on lined paper from India and China pursuant to section 751(c)
of the Act.\5\ As a result of the second sunset reviews, Commerce found
that revocation of the AD orders on lined paper from India and China
would likely lead to continuation or recurrence of dumping, and that
revocation of the CVD order on lined paper from India would likely lead
to continuation or recurrence of countervailable subsidies.\6\
Commerce, therefore, notified the ITC of the magnitude of the dumping
margins and net countervailable subsidy rates likely to prevail should
the AD orders and CVD order be revoked.
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\5\ See Initiation of Five-Year (Sunset) Reviews, 82 FR 30844
(July 3, 2017) (CLPP Sunset 2017), and Lined Paper School Supplies
from China and India; Institution of Five-Year Reviews; 82 FR 30902
(July 3, 2017).
\6\ See Certain Lined Paper Products from India: Final Results
of Expedited Second Sunset Review of Countervailing Duty Order, 82
FR 51390 (November 6, 2017), and Certain Lined Paper Products from
India and the People's Republic of China: Final Results of Expedited
Second Sunset Reviews of Antidumping Duty Orders, 82 FR 51812
(November 8, 2017).
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On February 2, 2018, pursuant to sections 751(c) and 752(a) of the
Act, the ITC published its determination that revocation of the AD
orders on lined paper from India and China and revocation of the CVD
order on lined paper from India would likely lead to continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time.\7\
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\7\ See Lined Paper School Supplies from China and India;
Determinations, 83 FR 5646 (February 8, 2018).
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Scope of the Orders
The scope of these orders 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 loose leaf filler paper), including but not limited to
such products as single- and multi-subject notebooks, composition
books, wireless notebooks, loose leaf 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;
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
[[Page 9481]]
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 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
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 these 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 order is
dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the AD orders and the CVD order would likely lead to
continuation or recurrence of dumping and countervailable subsidies and
material injury to an industry in the United States, pursuant to
section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby
orders the continuation of the AD orders on lined paper from India and
China and the CVD order on lined paper from India.
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 continuation of
these orders will be the date of publication in the Federal Register of
this notice of continuation. Pursuant to section 751(c)(2) of the Act,
Commerce intends to initiate the next five-year reviews of these orders
not later than 30 days prior to the fifth anniversary of the effective
date of continuation.
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) of the Act and published pursuant to section
777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: February 14, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-04501 Filed 3-5-18; 8:45 am]
BILLING CODE 3510-DS-P