[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] Advance<SUP>TM</SUP> 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] 
Advance<SUP>TM</SUP> 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] 
Advance<SUP>TM</SUP> 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:
    <bullet> Unlined copy machine paper;
    <bullet> 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;
    <bullet> Three-ring or multiple-ring binders, or notebook 
organizers incorporating such a ring binder provided that they do not 
include subject paper;
    <bullet> Index cards;
    <bullet> Printed books and other books that are case bound through 
the inclusion of binders board, a spine strip, and cover wrap;
    <bullet> Newspapers;
    <bullet> Pictures and photographs;
    <bullet> Desk and wall calendars and organizers (including but not 
limited to such products generally known as ``office planners,'' ``time 
books,'' and ``appointment books'');
    <bullet> Telephone logs;
    <bullet> Address books;
    <bullet> Columnar pads & tablets, with or without covers, primarily 
suited for the recording of written numerical business data;
    <bullet> 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;
    <bullet> Lined continuous computer paper;
    <bullet> 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;
    <bullet> 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:
    <bullet> 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 Fly<SUP>TM</SUP> pen-
top computer. The product must bear the valid trademark 
Fly<SUP>TM</SUP> (products found to be bearing an invalidly licensed or 
used trademark are not excluded from the scope).
    <bullet> 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 Zwipes<SUP>TM</SUP> 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<SUP>TM</SUP> 
(products found to be bearing an invalidly licensed or used trademark 
are not excluded from the scope).
    <bullet> 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]Advance<SUP>TM</SUP> (products found to be bearing an 
invalidly licensed or used trademark are not excluded from the scope).
    <bullet> FiveStar Flex<SUP>TM</SUP>: 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 Flex<SUP>TM</SUP> (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] 
Advance<SUP>TM</SUP> 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] Advance<SUP>TM</SUP> 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] Advance<SUP>TM</SUP> 
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] 
Advance<SUP>TM</SUP> 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] Advance<SUP>TM</SUP> 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