[Federal Register Volume 71, Number 174 (Friday, September 8, 2006)]
[Notices]
[Pages 53079-53086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7538]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-901]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: September 8, 2006.
SUMMARY: We determine that imports of certain lined paper products 
(``CLPP'') from the People's Republic of China (``PRC'') are being, or 
are likely to be, sold in the United States at less than fair value 
(``LTFV''), as provided in section 735 of the Tariff Act of 1930, as 
amended (''the Act''). The estimated margins of sales at LTFV are shown 
in the ``Final Determination'' section of this notice. Moreover, we 
determine that critical circumstances exist with regard to certain 
imports of CLPP from the PRC. See the ``Critical Circumstances'' 
section below.

FOR FURTHER INFORMATION CONTACT: Marin Weaver or Frances Veith, AD/CVD 
Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
2336 or 482-4295, respectively.

SUPPLEMENTARY INFORMATION: 

Case History

    On April 17, 2006, the Department published in the Federal Register 
(``FR'') the preliminary determination that CLPP from the PRC are 
being, or are likely to be, sold in the United States at LTFV, as 
provided in section 733 of the Act, covering three exporters and 
producers as mandatory respondents \1\ and 27 separate-rate 
respondents.\2\ See Preliminary Determination of Sales at Less Than 
Fair Value, Affirmative Critical Circumstances, In Part, and 
Postponement of Final Determination: Certain Lined Paper Products from 
the People's Republic of China. 71 FR 16965 (April 17, 2006) 
(``Preliminary Determination''). Since the publication of the 
Preliminary Determination the following events have occurred.
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    \1\ (1) Watanabe Paper Product (Shanghai) Co., Ltd. (``Watanabe 
Shanghai''); Hotrock Stationery (Shenzhen) Co. (``Watanabe 
Shenzhen''); and Watanabe Paper Product (Linqing) Co., Ltd. 
(``Watanabe Linqing''), collectively (the ``Watanabe Group''); (2) 
Atico International (HK) Ltd. & Atico Overseas Ltd. (collectively 
``Atico''); and (3) Shanghai Lian Li Paper Products Co., Ltd. 
(``Lian Li''). On January 26, 2006, Atico submitted a letter 
informing the Department that it was unable to participate further 
in this investigation. As in the Preliminary Determination, we find 
that Atico does not merit a separate rate and will be subject to the 
PRC-wide entity. See The PRC-Wide Rate and Use of Adverse Facts 
Available section for further discussion..
    \2\ Anhui Light Industries International Co., Ltd. (``Anhui 
Light''), Changshu Changjiang Printing Co., Ltd. (``Changjiang''), 
Chinapack Ningbo Paper Products Co., Ltd. (``Chinapack''), Dongguan 
Yizhi Gao Paper Products Ltd. (``Yizhi Gao''), Essential Industries 
Limited (``Essential''), Fujian Hengda Group Co., Ltd. (``Hengda''), 
Haijing Stationery (Shanghai) Co., Ltd. (``Haijing''), Excel Sheen 
Limited (``Excel''), Maxleaf Stationary Ltd. (``Maxleaf ''), Jiaxing 
Te Gao Te Paper Products Co., Ltd. (``Te Gao Te''), Linqing Silver 
Star Paper Products Co., Ltd. (``Linqing Silver''), MGA 
Entertainment (H.K.) Limited (``MGA''), Ningbo Guangbo Imports and 
Exports Co. Ltd. (``Ningbo''), Orient International Holding Shanghai 
Foreign Trade Co., Ltd. (``Orient''), Paperline Limited 
(``Paperline''), Planet (Hong Kong) International Company Ltd. 
(``Planet HK''), Planet International Company Ltd. (``Planet''), 
Shanghai Pudong Wenbao Paper Products Factory (``Wenbao Paper''), 
Shanghai Foreign Trade Enterprise Co., Ltd. (``SFTE''), Sunshine 
International Group (HK) Ltd. (``Sunshine''), Suzhou Industrial Park 
Asia Pacific Paper Converting Co., Ltd. (``Suzhou''), Suzhou 
Industrial Park You-You Trading Co., Ltd. (``You You Trading''), Wah 
Kin Stationery and Paper Product Limited (``Wah Kin''), and Yalong 
Paper Products (Kunshan) Co., Ltd. (``Yalong''), Shanghai Lansheng 
Stationery & Sporting Goods Import & Export Co., Ltd. 
(``Lansheng''), Yantai License Printing & Making Co., Ltd. 
(``Yantai''), You-You Paper Products (Suzhou) Co., Ltd. (``You-
You''), Paperline Limited (``Paperline''), and Shanghai Pudong 
Wenbao Paper Products Factory (``Wenbao Paper''). Also, Paperline 
and Wenbao Paper are collectively known as (``Wenbao'') and Planet 
and Planet Hong Kong are collectively known as (``Planet 
International'').
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    On April 13, 2006, we sent a separate-rate verification agenda to 
separate-rate applicants, Planet International. On April 18, 2006, 
Planet International notified the Department of its withdrawal from the 
verification. On May 4, 2006, we sent a separate-rate verification 
agenda to a separate-rate applicant, Lansheng, and on May 8, 2006, it 
notified the Department of its withdrawal from the verification. From 
May 8 through 18, 2006, the Department conducted a sales verification 
of Lian Li and a factors verification of its unaffiliated producers 
Shanghai Sentian Paper Products Co., Ltd. (``Sentian''),

[[Page 53080]]

and Shanghai Miaopanfang Paper Products Co., Ltd. (``MPF''). From May 
29 through June 9, 2006, the Department conducted a sales and factors 
verification of Watanabe Linqing and Watanabe Shenzhen. See 
``Verification'' Section below for additional information.
    On June 1, 2006, the Department published in the FR the notice of 
amended preliminary determination to correct a ministerial error 
discovered with respect to the antidumping duty margin calculation for 
Lian Li, which also affected all companies for which the Department 
granted separate-rate status. We also preliminarily granted separate-
rate status for You-You. See Notice of Amended Preliminary 
Determination of Sales at Less than Fair Value: Certain Lined Paper 
Products from the People's Republic of China, 71 FR 31159 (June 1, 
2006) (``Amended Preliminary Determination'').
    On June 13, 2006, Watanabe, Lian Li, and Petitioner \3\ filed 
surrogate value information. On June 23, 2006, Petitioner filed a 
rebuttal surrogate value submission.
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    \3\ The Association of American School Paper Suppliers and its 
individual members (MeadWestvaco Corporation; Norcom, Inc.; and Top 
Flight, Inc.).
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    We invited parties to comment on our Preliminary Determination and 
verification reports. Case briefs were filed with the Department on 
July 28, 2006, by Excel, a separate-rate respondent; on July 31, 2006, 
by the Watanabe Group, Lian Li, and by separate-rate respondents MGA, 
Maxleaf, Te Gao Te, and Wenbao; and on August 1, 2006, by 
Petitioner.\4\ On August 7, 2006, Watanabe and Lian Li filed rebuttal 
briefs responding to issues raised in the case briefs. On August 8, 
2006, Petitioner filed a rebuttal brief.\5\ On August 9, 2006, we 
rejected Petitioner's rebuttal brief because it contained argument that 
did not constitute a rebuttal. (On August 10, 2006, Petitioner timely 
refiled its redacted rebuttal brief.) On August 9, 2006, Petitioner 
filed a rebuttal brief commenting only on issues raised in Maxleaf's 
brief.\6\
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    \4\ This case brief was timely because one copy was originally 
filed on July 31, 2006, as ``bracketing not final.''
    \5\ This rebuttal brief was timely because one copy was 
originally filed on August 7, 2006, as ``bracketing not final.''
    \6\ On August 4, 2006, we extended the time in which to file 
rebuttal to the briefs filed by Maxleaf and MGA due to a delay in 
the receipt of these briefs by the other parties.
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Period of Investigation

    The period of investigation is January 1, 2005, through June 30, 
2005.

Non-Market Economy Status of the PRC

    On December 22, 2005, the Watanabe Group submitted a request that 
the Department reevaluate the PRC's status as a non-market economy 
(NME) country under the U.S. antidumping law. On February 2, 2006, the 
Department received a submission from the PRC Ministry of Commerce 
(``MOFCOM'') expressing support for the Watanabe Group's request.
    The Department has treated the PRC as an NME country in all past 
antidumping duty investigations and administrative reviews. See, e g., 
Notice of Final Determination of Sales at Less Than Fair Value and 
Final Partial Affirmative Determination of Critical Circumstances: 
Diamond Sawblades and Parts Thereof from the People's Republic of 
China, 71 FR 29303 (May 22, 2006); Notice of Final Determination of 
Sales at Less Than Fair Value: Certain Artist Canvas from the People's 
Republic of China, 71 FR 16116 (March 30, 2006); and Notice of Final 
Determination of Sales at Less Than Fair Value: Chlorinated 
Isocyanurates From the People's Republic of China, 70 FR 24502 (May 10, 
2005). A designation as an NME country remains in effect until it is 
revoked by the Department. See section 771(18)(C)(i) of the Act.
    The Department issued a memorandum to the file on May 15, 2006, 
determining that the Department shall continue to treat the PRC as an 
NME for purposes of the U.S. antidumping law. In the May 15 memorandum, 
the Department focused mainly on distortions in the banking sector. 
However, the Department also stated in that memorandum that it would 
issue a follow-up analysis concerning all six statutory factors that 
govern NME-country designation. Accordingly, the Department issued a 
memorandum to the file on August 30, 2006, providing the full 
underlying analysis of the May 15 decision to continue the PRC's NME 
designation.

Scope of Investigation \7\

    The scope of this investigation includes certain lined paper 
products, typically school supplies,\8\ composed of or including paper 
that incorporates straight horizontal and/or vertical lines on ten or 
more paper sheets,\9\ 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 petition 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.
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    \7\ The Department has received several requests for scope 
clarifications from SchoolMax LLC, GEM Group Incorporated, Avenues 
in Leather, Inc., and ACCO Brands Corporation. The department has 
not addressed these requests in this final determination. However, 
the Department will consider the issues raised in these requests as 
scope requests in the event this proceeding goes to order.
    \8\ For purposes of this scope definition, the actual use or 
labeling of these products as school supplies or non-school supplies 
is not a defining characteristic.
    \9\ There shall be no minimum page requirement for looseleaf 
filler paper.
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    Specifically excluded from the scope of this investigation 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;

[[Page 53081]]

    <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: preprinted 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,\10\ 
measuring 6 inches by 9 inches; Also excluded from the scope of this 
investigation are the following trademarked products:
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    \10\ ``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.
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    <bullet> Fly<SUP>TM</SUP> 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> \11\
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    \11\ Products found to be bearing an invalidly licensed or used 
trademark are not excluded from the scope.
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    <bullet> Zwipes<SUP>TM</SUP>: 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>.\12\
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    \12\ Products found to be bearing an invalidly licensed or used 
trademark are not excluded from the scope.
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    <bullet> FiveStar[supreg]Advance<SUP>TM</SUP>: 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 .019 inches (within normal 
manufacturing tolerances) and rear cover is .028 inches (within normal 
manufacturing tolerances). Integral with the stitching that attaches 
the polyester spine covering, is caputred 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>.\13\
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    \13\ Products found to be bearing an invalidly licensed or used 
trademark are not excluded from the scope.
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    <bullet> FiveStar Flex<SUP>TM</SUP>: 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 .019 inches 
(within normal manufacturing tolerances) and rear cover is .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>.\14\
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    \14\ Products found to be bearing an invalidly licensed or used 
trademark are not excluded from the scope.
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    Merchandise subject to this proceeding is typically imported under 
headings 4810.22.5044, 4811.90.9090, 4820.10.2010, 4820.10.2020, 
4820.10.2050, and 4820.10.4000 of the Harmonized Tariff Schedule of the 
United States (HTSUS).\15\ The tariff classifications are provided for 
convenience and customs purposes; however, the written description of 
the scope of the proceeding is dispositive.
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    \15\ During the investigation additional HTSUS headings were 
identified.
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Verification

    As provided in section 782(i) of the Act, we verified the 
information submitted by two mandatory respondents: The Watanabe Group 
and Lian Li and two of Lian Li's suppliers, Sentian and MPF, for use in 
our final determination. See the Department's verification reports on 
the record of this investigation in the Central Records Unit (``CRU''), 
Room B-099 of the main Commerce Department building. For all verified 
companies, we used standard verification procedures, including 
examination of relevant accounting and production records, as well as 
original source documents provided by respondents.

Analysis of Comments Received

    All issues raised in the post-preliminary comments by parties in 
this investigation are addressed in the Issues and Decision Memorandum, 
dated August 30, 2006 (``Issues and Decision Memo''), which is hereby 
adopted by this notice. A list of the issues which parties raised and 
to which we respond in the Issues and Decision Memo is attached to this 
notice as an Appendix. The Issues and Decision Memo is a public 
document which is on file in CRU in room B-099 in the main Department 
building, and is accessible on the Web at http://ia.ita.doc.gov/frn. 
The paper copy and electronic version of the memorandum are identical 
in content.

Critical Circumstances

    On November 29, 2005, Petitioner alleged that there was a 
reasonable basis to believe or suspect critical circumstances existed 
with respect to the antidumping investigation of CLPP from the PRC. In 
the Preliminary Determination, the Department found that critical 
circumstances existed for imports of CLPP from Changjiang,

[[Page 53082]]

Hengda, Linqing Silver, SFTE, Wenbao Paper, Paperline, Wah Kin, and the 
PRC-wide entity. In addition, we found that critical circumstances did 
not exist for Anhui Light, Chinapack, Essential Industries Limited, 
Excel, Haijing, Te Gao Te, Lian Li, MGA, Ningbo, Orient, Planet 
International, Sunshine, Suzhou, You-You Trading, the Watanabe Group, 
and Yalong. See Memorandum to Stephen Claeys from Juanita Chen through 
Robert Bolling and Wendy Frankel: Lined Paper Products from the 
People's Republic of China: Preliminary Determination of Critical 
Circumstances, dated April 7, 2006 (``Prelim Critical Circumstances 
Memo'').
    Section 735(a)(3) of the Act provides that if the final 
determination of the Department is affirmative, then that fmding shall 
also include a finding of whether: (A)(i) There is a history of dumping 
and material injury by reason of dumped imports in the United States or 
elsewhere of the subject merchandise; or (ii) the person by whom, or 
for whose account, the merchandise was imported knew or should have 
known that the exporter was selling the subject merchandise at less 
than its fair value and that there would be material injury by reason 
of such sales; and (B) There have been massive imports of the subject 
merchandise over a relatively short period. Section 351.206(h)(1) of 
the Department's regulations provides that, in determining whether 
imports of the subject merchandise have been ``massive,'' the 
Department normally will examine: (i) The volume and value of the 
imports; (ii) seasonal trends; and (iii) the share of domestic 
consumption accounted for by the imports. In addition, section 
351.206(h)(2) of the Department's regulations provides that in general, 
an increase in imports of at least 15 percent during the ``relatively 
short period'' over the imports during an immediately preceding period 
of comparable duration may be considered ``massive.''
    Based on the changes made to both the comparison and base periods 
and as discussed further in the Issues and Decision Memo at Comment 26, 
the Department has re-examined its preliminary critical circumstances 
finding. For the final determination, we find critical circumstances 
exist for Changjiang, Hengda, Linqing Silver, SFTE, Wah Kin, Maxleaf, 
MGA, Yantai, and the PRC-wide entity. In addition, we find critical 
circumstances do not exist for Anhui Light, Chinapack, Essential, 
Excel, Haijing, Te Gao Te, Lian Li, Ningbo, Orient, Sunshine, Suzhou, 
You-You Trading, the Watanabe Group, Yalong, You-You, Wenbao Paper, and 
Paperline. See Memorandum to Stephen J. Claeys, Deputy Assistant 
Secretary, through Wendy J. Frankel, Office Director, from Charles 
Riggle, Program Manager: Lined Paper Products from the People's 
Republic of China: Final Determination of Critical Circumstances, dated 
August 30, 2006.

Surrogate Country

    In the Preliminary Determination, we stated that we had selected 
India as the appropriate surrogate country to use in this investigation 
for the following reasons: (A) India is at a level of economic 
development comparable to that of the PRC, and (B) India is a 
significant producer of comparable merchandise. Furthermore, we have 
reliable data from India that we can use to value the factors of 
production. See Preliminary Determination at 19699, 19700. For the 
final determination, we made no changes to our findings with respect to 
the selection of a surrogate country.

Affiliation

    In the Preliminary Determination, based on the evidence on the 
record, we preliminarily found that members of the Watanabe Group are 
affiliated pursuant to section 771(33) of the Act. We are also treating 
them as a single entity for purposes of this investigation. See 
Memorandum to Wendy Frankel, Director, from Charles Riggle, Program 
Manager: Antidumping Duty Investigation of Certain Lined Paper Products 
from the People's Republic of China: Affiliation and Treatment of the 
Watanabe Group as a Single Entity, dated April 7, 2006. Since the 
Preliminary Determination, the Department has found no information that 
would rebut this determination. Therefore, the Department continues to 
find that members of the Watanabe Group are affiliated, pursuant to 
section 771(33) of the Act, for this final determination.

Separate Rates

    Since the Preliminary Determination and the Amended Preliminary 
Determination, the Department has received additional information from 
Yantai, Maxleaf, and Excel, allowing the Department to determine these 
companies' eligibility for separate-rate status. Therefore, for 
purposes of this final determination, the Department is granting 
separate-rate status to the following companies: the Watanabe Group, 
Lian Li, Anhui Light, Changjiang, Chinapack, Essential, Excel, Hengda, 
Haijing, Te Gao Te, Linqing Silver, Maxleaf, MGA, Ningbo, Orient, 
Paperline, Wenbao Paper, SFTE, Sunshine, Suzhou, You-You, You-You 
Trading, Wah Kin, Yalong, and Yantai. In addition, the Department 
attempted to conduct verifications of two separate-rate applicants, (i) 
Lansheng and (ii) Planet International,\16\ both of whom withdrew from 
participating in verification.\17\. For further discussion of these 
changes in separate rates, see Final Determination Separate Rates 
Memorandum: Certain Lined Paper Products from the People's Republic of 
China, dated August 30, 2006. Because we begin with the presumption 
that all companies within an NME country are subject to government 
control and because only the companies listed under the ``Final 
Determination Margins'' section below have overcome that presumption, 
we are applying a single antidumping rate--the PRC-wide rate--to all 
other exporters of subject merchandise from the PRC. Such companies did 
not demonstrate entitlement to a separate rate. See, e.g., Final 
Determination of Sales at Less Than Fair Value: Synthetic Indigo from 
the People's Republic of China, 65 FR 25706 (May 3, 2000). The PRC-wide 
rate applies to all entries of subject merchandise except for entries 
from the respondents which are listed in the ``Final Determination 
Margins'' section below (except as noted).
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    \16\ The Department sent a verification agenda to Planet 
International.
    \17\ Therefore, neither of these entities has demonstrated its 
eligibility for separate-rate status. Accordingly, Lansheng and 
Planet International will be considered part of the PRC-wide entity 
for purposes of this final determination.
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Changes Since the Preliminary Determination

    We have made the following changes since the Preliminary 
Determination:

 Changes That Affect Both the Watanbe Group and Lian Li

    <bullet> Where we used domestic prices as surrogate values we based 
freight for inputs on the actual distance from the input supplier to 
the site at which the input was used. See Issues and Decision Memo at 
Comment 2.
    <bullet> We have used the year-ended March 31, 2005, financial 
statements of Sundaram Multi Pap Ltd. and Shiv Ganga Paper Converters 
Pvt. Ltd. to value factory overhead, selling, general and 
administrative expenses, and profit. See Issues and Decision Memo at 
Comment 1.

Changes for the Watanabe Group

    <bullet> Based on the information in Watanabe Linqing's minor 
corrections at verification, we have recalculated tbe

[[Page 53083]]

zinc wire usage rates for the necessary control numbers (``CONNUM''s) 
and valued this input with Indian Harmonized Tarrif Schedule number 
7217.20.00.\18\ See the Watanabe Group's May 31,2006, submission 
(``Watanabe Linqing Minor Corrections'').
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    \18\ This surrogate value was used at the Preliminary 
Determination to value Lian Li's zinc wire. See memorandum to Wendy 
J. Frankel Re: Preliminary Determination of the Investigation of 
Certain Lined Paper Products from the People's Republic of China: 
Factors-of-Production Valuation for Preliminary Determination (April 
7, 2006).
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    <bullet> We determined that Watanabe Linqing had unreported U.S. 
sales. See Decision Memo at Comment 8. We have assigned as adverse 
facts available (``AFA'') to the Watanabe Group the initiation rate of 
258.21 percent for those unreported sales.
    <bullet> Based on verification findings, we are not granting the 
Watanabe Group a by-product offset. See Issues and Decision Memo at 
Comment 11.
    <bullet> In their verification minor corrections, both Watanabe 
Shenzhen and Watanabe Linqing identified certain observations for which 
they had misreported shipment dates. See Watanabe Linqing Minor 
Corrections and the Watanabe Group's June 7, 2006, submission 
containing Watanabe Shenzhen's minor corrections. During the course of 
verification, the Department identified additional observations for 
which shipment date and/or payment date had been misreported. See 
Memorandum to the File Re: Verification of the Sales and Factors 
Response of Watanabe Paper Product (Linqing) Co., Ltd. in the 
Antidumping Investigation of Certain Lined Paper from the People's 
Republic of China (``Watanabe Linqing Verification Report'') (July 21, 
2006) and Memoradum to the File Re: Verification of the Sales and 
Factors Response of Hotrock Stationery (Shenzhen) Co., Ltd. in the 
Antidumping Duty Investigation of Certain Lined Paper Products from the 
People's Republic of China (``Watanabe Shenzhen Verification Report'') 
(July 21, 2006). We have corrected these dates for the final results.
    <bullet> During the course of the Watanabe Shenzhen verification we 
found that a billing adjustment (``BILLADJU'') was misreported and we 
have corrected this for this final determination. See Watanabe Shenzhen 
Verification Report at 19.
    <bullet> In the Watanabe Linqing Minor Corrections, Watanabe 
Linqing stated that it had misreported indirect labor (``INDLAB'') 
hours for January. This affected one matching CONNUM which we have 
corrected for this final determination.

Changes for Lian Li

     <bullet> We used the Indian domestic purchase prices for creamwove 
paper from Indian Printer and Publisher (``IPP'') to calculate a simple 
average ofthe available POI IPP prices reflecting the GSM weights 
reported by Lian Li to value Lian Li's insert paper. See Issues and 
Decision Memo at Comment 4.
    <bullet> For Lian Li's white paperboard, white/white paperboard, 
and grey/white board, we used the IPP paperboard price data to 
calculate a simple average of the available POI IPP prices reflecting 
the GSM weights used by Lian Li in its production of in-scope 
merchandise. See Issues and Decision Memo at Comment 4.
    <bullet> We used the Indian domestic purchase prices for creamwove 
paper from IPP to calculate a simple average of the available POI IPP 
prices which reflect the GSM weights used by Lian Li to value Lian Li's 
recycled paper. See Issues and Decision Memo at Comment 5.
    <bullet> We applied AFA to Lian Li's agency sales. See Issues and 
Decision Memo at Comment 15.
    <bullet> Consistent with the Department's practice, for Lian Li's 
products that have a metal cover and back, we have included in the 
normal value of these products a value for the metal covers and backs. 
We also added to the U.S. price the same value for metal covers and 
backs. See Issues and Decision Memo at Comment 17.
    <bullet> We applied AFA to Lian Li's paper consumption for its 
producers, Sentian and MPF. See Issues and Decision Memo at Comment 18.
    <bullet> For Lian Li's producer, MPF, we corrected electricity 
consumption based on a minor correction found at verification. See 
Issues and Decision Memo at Comment 21.
    <bullet> We found that it is not appropriate to grant a by-product 
offset for Lian Li's producers Sentian and MPF. See Issues and Decision 
Memo at Comment 23.
    <bullet> In the preliminary determination's SAS calculation, we 
inadvertently truncated the reported thread consumption to four decimal 
places when we converted Lian Li's submitted factors of production 
(``FOP'') Excel worksheet database, which had the effect of setting the 
values to zero. For the final determination, for those products using 
this material input, we have corrected the Department's error and have 
included Lian Li's reported consumption value for thread. See Issues 
and Decision Memo at Comment 24
    <bullet> We have treated polyethylene film as a direct material 
input, where Lian Li sold filler paper bound by polyethylene film or 
where we were able to identify multi-pack notebooks bound in the same 
way. See Issues and Decision Memo at Comment 25.
    <bullet> In the preliminary determination's SAS calculation, we 
inadvertently assigned an incorrect variable name to domestic freight. 
We have corrected this for the final determination. See Memorandum to 
The File, through Charles Riggle, Program Manager, from Frances Veith, 
International Trade Compliance Analyst: Final Determination in the 
Investigation of Certain Lined Paper Products from the People's 
Republic of China: Calculation Memorandum, Shanghai Lian Li Paper 
Products Co. Ltd.

 The PRC-Wide Rate and Use of Adverse Facts Available

    Sections 776(a)(l) and (2) of the Act provide that the Department 
shall apply ``facts otherwise available'' if necessary information is 
not on the record or an interested party or any other person (A) 
withholds information that has been requested, (B) fails to provide 
information within the deadlines established, or in the form and manner 
requested by the Department, subject to subsections (c)(1) and (e) of 
section 782, (C) significantly impedes a proceeding, or (D) provides 
information that cannot be verified as provided by section 782(i) of 
the Act.
    Where the Department determines that a response to a request for 
information does not comply with the request, section 782(d) of the Act 
provides that the Department will so inform the party submitting the 
response and will, to the extent practicable, provided that party the 
opportunity to remedy or explain the deficiency. If the party fails to 
remedy the deficiency within the applicable time limits and subject to 
section 782(e) of the Act, the Department may disregard all or part of 
the original and subsequent responses, as appropriate. Section 782(e) 
of the Act provides that the Department ``shall not decline to consider 
information that is submitted by an interested party and is necessary 
to the determination but does not meet all applicable requirements 
established by the administering authority'' if the information is 
timely, can be verified, is not so incomplete that it cannot be used, 
and if the interested party acted to the best of its ability in 
providing the information. Where all of these conditions are met, the 
statute requires the Department to use the information if it can do so 
without undue difficulties.

[[Page 53084]]

    Section 776(b) of the Act further provides that the Department may 
use an adverse inference in applying the facts otherwise available when 
a party has failed to cooperate by not acting to the best of its 
ability to comply with a request for information. Section 776(b) of the 
Act also authorizes the Department to use as AFA, information derived 
from the petition, the final determination, a previous administrative 
review, or other information placed on the record.
    In selecting a rate for AFA, the Department selects a rate that is 
sufficiently adverse ``as to effectuate the purpose of the facts 
available rule to induce respondents to provide the Department with 
complete and accurate information in a timely manner.'' See Final 
Determination of Sales at Less Than Fair Value: Static Random Access 
Memory Semiconductors from Taiwan, 63 FR 8909, 8932 (February 23, 
1998). It is the Department's practice to select, as AFA, the higher of 
the (a) highest margin alleged in the petition, or (b) the highest 
calculated rate of any respondent in the investigation. See Final 
Determination of Sales at Less Than Fair Value: Certain Cold-Rolled 
Carbon Quality Steel Products from the People's Republic of China, 65 
FR 34600 (May 31, 2000), and accompanying Issues and Decision 
Memorandum, at ``Facts Available.'' We find that, because the PRC-wide 
entity did not respond to our request for information, it has failed to 
cooperate to the best of its ability. As in the Preliminary 
Determination, we have assigned to the PRC-wide entity a margin based 
on information in the petition because the margins derived from the 
petition are higher than the calculated margins for the selected 
respondents in this case.

Corroboration

    Section 776(c) of the Act provides that, when the Department relies 
on secondary information rather than on information obtained in the 
course of an investigation or review, it shall, to the extent 
practicable, corroborate that information from independent sources that 
are reasonably at its disposal. Secondary information is defined as 
``[i]nformation derived from the petition that gave rise to the 
investigation or review, the final determination concerning the subject 
merchandise, or any previous review under section 751 concerning the 
subject merchandise.'' See Statement of Administrative Action (``SAA'') 
accompanying the Uruguay Round Agreements Act, H. Doc. No. 316, 103d 
Cong., 2d Sess. Vol. 1 at 870 (1994). Corroborate means that the 
Department will satisfy itself that the secondary information to be 
used has probative value. See SAA at 870. To corroborate secondary 
information, the Department will, to the extent practicable, examine 
the reliability and relevance of the information to be used. The SAA 
emphasizes, however, that the Department need not prove that the 
selected facts available are the best alternative information. See SAA 
at 869.
    For the final determination, in accordance with section 776(c) of 
the Act, we corroborated our AFA margin using information submitted by 
the Watanabe Group and Lian Li. See Memorandum to the File from Marin 
Weaver, International Trade Compliance Analyst, through Charles Riggle, 
Program Manager, China/NME Group, Corroboration for the Final 
Determination of Certain Lined Paper Products from the People's 
Republic of China, regarding the corroboration of the AFA rate. We 
found that the margin of 258.21 percent has probative value. 
Accordingly, we find that the rate of 258.21 percent is corroborated 
within the meaning of section 776(c) of the Act.
    In addition, because we have determined that Atico, Dongguan Yizhii 
Gao Paper Products Ltd. (``Dongguan''), Planet International, and 
Lansheng are not entitled to separate rates and are now part of the 
PRC-wide entity, the PRC-wide entity is now under investigation. 
Further, because the PRC-wide entity (including these entities) failed 
to provide the requested information in this investigation, the 
Department, pursuant to section 776(a) of the Act, has applied a 
dumping margin for the PRC-wide entity using the facts otherwise 
available on the record. Furthermore, because we have determined that 
the PRC-wide entity (including Atico, Dongguan, Planet International, 
and Lansheng) has failed to cooperate to the best of its ability, the 
Department has used an adverse inference in making its determination, 
pursuant to section 776(b) of the Act.

Combination Rates

    In the Notice of Initiation, the Department stated that it would 
calculate combination rates for certain respondents that are eligible 
for a separate rate in this investigation. See Initiation of 
Antidumping Duty Investigations: Certain Lined Paper Products From 
India, Indonesia, and the People's Republic of China, 70 FR at 58379 
(October 6, 2005). See Policy Bulletin 05.1.

Final Determination

    The Department has determined that the following final percentage 
weighted-average dumping margins exist for the period January 1, 2005, 
through June 30, 2005:

   Certain Lined Paper Products From the PRC-Weighted-Average Dumping
                                 Margins
------------------------------------------------------------------------
                                                             Weighted-
            Exporter                     Producer             average
                                                           deposit rate
------------------------------------------------------------------------
Watanabe Paper Product           Watanabe Paper Product             76.7
 (Linqing) Co., Ltd.              (Linqing) Co., Ltd.
Watanabe Paper Product           Hotrock Stationery                 76.7
 (Linqing) Co., Ltd.              (Shenzhen) Co., Ltd.
Watanabe Paper Product           Watanabe Paper Products            76.7
 (Linqing) Co., Ltd.              (Shanghai) Co., Ltd.
Hotrock Stationery (Shenzhen)    Hotrock Stationery                 76.7
 Co., Ltd.                        (Shenzhen) Co., Ltd.
Hotrock Stationery (Shenzhen)    Watanabe Paper Product             76.7
 Co., Ltd.                        (Linqing) Co., Ltd.
Hotrock Stationery (Shenzhen)    Watanabe Paper Products            76.7
 Co., Ltd.                        (Shanghai) Co., Ltd.
Watanabe Paper Products          Watanabe Paper Products            76.7
 (Shanghai) Co., Ltd.             (Shanghai) Co., Ltd.
Watanabe Paper Products          Hotrock Stationery                 76.7
 (Shanghai) Co., Ltd.             (Shenzhen) Co., Ltd.
Watanabe Paper Products          Watanabe Paper Product             76.7
 (Shanghai) Co., Ltd.             (Linqing) Co., Ltd.
Shanghai Lian Li Paper Products  Shanghai Lian Li Paper            94.98
 Co., Ltd.                        Products Co. Ltd.
Shanghai Lian Li Paper Products  Sentian Paper Products            94.98
 Co., Ltd.                        Co., Ltd.
Shanghai Lian Li Paper Products  Shanghai Miaopaofang              94.98
 Co., Ltd.                        Paper Products Co.,
                                  Ltd.
Shanghai Lian Li Paper Products  ShanghaiPudong Wenbao             94.98
 Co., Ltd.                        Paper Products Co.,
                                  Ltd.
Shanghai Lian Li Paper Products  Changshu Changjiang               94.98
 Co., Ltd.                        Printing Co., Ltd.
Shanghai Lian Li Paper Products  Shanghai Loutang                  94.98
 Co., Ltd.                        Stationery Factory.
Shanghai Lian Li Paper Products  Shanghai Beijia Paper             94.98
 Co., Ltd.                        Products Co., Ltd.
Ningbo Guangbo Imports and       Ningbo Guangbo Plastic            78.39
 Exports Co., Ltd.                Products Manufacture
                                  Co., Ltd.

[[Page 53085]]

 
Yalong Paper Products (Kunshan)  Yalong Paper Products             78.39
 Co., Ltd.                        (Kunshan) Co., Ltd.
Suzhou Industrial Park Asia      Suzhou Industrial Park            78.39
 Pacific Paper Converting Co.,    Asia Pacific Paper
 Ltd.                             Converting Co., Ltd.
Sunshine International Group     Dongguan Shipai Tonzex            78.39
 (HK) Ltd.                        Electronics Plastic
                                  Stationery Factory;.
Sunshine International Group     Dongguan Kwong Wo                 78.39
 (HK) Ltd.                        Stationery Co., Ltd.
Sunshine International Group     Hua Lian Electronics              78.39
 (HK) Ltd.                        Plastic Stationery
                                  Co., Ltd.
Suzhou Industrial Park You-You   Linqing YinXing Paper             78.39
 Trading Co., Ltd.                Co., Ltd.
 Suzhou Industrial Park You-You  Jiaxing Seagull Paper             78.39
 Trading: Co., Ltd.               Products Co., Ltd.
Suzhou Industrial Park You-You   Shenda Paper Product              78.39
 Trading Co., Ltd.                Factory.
Suzhou Industrial Park You-You   Lianyi Paper Product              78.39
 Trading Co., Ltd.                Factory.
Suzhou Industrial Park You-You   Changhang Paper Product           78.39
 Trading: Co., Ltd.               Factory.
Suzhou Industrial Park You-You   Tianlong Paper Product            78.39
 Trading Co., Ltd.                Factory.
Suzhou Industrial Park You-You   Rugao PaDer Printer               78.39
 Trading: Co., Ltd.               Co., Ltd.
Suzhou Industrial Park You-You   Yinlong Paper Product             78.39
 Trading Co., Ltd.                Factory.
You You Paper Products (Suzhou)  You You Paper Products            78.39
 Co., Ltd.                        (Suzhou) Co., Ltd.
Haijing Stationery (Shanghai)    Haijing Stationery                78.39
 Co., Ltd.                        (Shanghai) Co., Ltd.
Orient International Holding     Yalong Paper Products             78.39
 Shanghai Foreign Trade Co.,      Ltd (Kunshan) Co., Ltd.
 Ltd.
Orient International Holding     Shanghai Cornwell                 78.39
 Shanghai Foreign Trade Co.,      Stationery Co., Ltd.
 Ltd.
Orient International Holding     Yuezhou PaDer Co., Ltd.           78.39
 Shanghai Foreign Trade Co.,
 Ltd.
Orient International Holding     Changshu Guangming                78.39
 Shanghai Foreign Trade Co.,      Stationery Co., Ltd.
 Ltd.
Shanghai Foreign Trade           Shanghai Xin Zhi Liang            78.39
 Enterprise Co., Ltd.             Culture Products Co.,
                                  Ltd.
Shanghai Foreign Trade           Shangyu Zhongsheng                78.39
 Enterprise Co., Ltd.             Paper Products Co.,
                                  Ltd.
Shanghai Foreign Trade           Shanghai Miaoxi Paper             78.39
 Enteprise Co., Ltd.              Products Factory;.
Shanghai Foreign Trade           Shanghai Xueya                    78.39
 Enterprise Co., Ltd.             Stationery Co., Ltd.
Anhui Light Industries           Shanghai Pudong Wenbao            78.39
 International Co., Ltd.          Paper Products
                                  Factory;.
Anhui Light Industries           Foshan City Wenhai                78.39
 International Co., Ltd.          Paper Factory.
Fujian Hengda Group Co., Ltd...  Fujian Hengda Group               78.39
                                  Co., Ltd.
Changshu Changjiang Printing     Changshu Changjiang               78.39
 Co., Ltd.                        Paper Industry Co.,
                                  Ltd.
Jiaxing Te Gao Te Paper          Jiaxing Te Gao Te Paper           78.39
 Products Co., Ltd.               Products Co., Ltd.
Jiaxing Te Gao Te Paper          Jiaxing Seagull Paper             78.39
 Products Co., Ltd.               Products Co., Ltd.
Jiaxing Te Gao Te Paper          Jiaxing Boshi Paper               78.39
 Products Co., Ltd.               Products Co., Ltd.
Chinapack Ningbo Paper Products  Jiaxing Te Gao Te Paper           78.39
 Co., Ltd.                        Products Co., Ltd.
Linqing Silver Star Paper        Linqing Silver Star               78.39
 Products Co., Ltd.               Paper Products Co.,
                                  Ltd.
Wah Kin Stationery and Paper     Shenzhen Baoan Waijing            78.39
 Product Limited.                 Development Company.
Shanghai Pudong Wenbao Paper     Shanghai Pudong Wenbao            78.39
 Products Factory.                Paper Products Factory.
Shanghai Pudong Wenbao Paper     Linqing Glistar Paper             78.39
 Products Factory.                Products Co., Ltd.
Shanghai Pudong Wenbao Paper     Changshu Changjiang               78.39
 Products Factory.                Printing Co., Ltd.
Shanghai Pudong Wenbao Paper     Linqing Silver Star               78.39
 Products Factory.                Paper Products Co.,
                                  Ltd.
Paperline Limited..............  Shanghai Pudong Wenbao            78.39
                                  Paper Products Factory.
Paperline Limited..............  Linqing Glistar Paper             78.39
                                  Products Co., Ltd.
Paperline Limited..............  Changshu Changjiang               78.39
                                  Printing Co., Ltd.
Paperline Limited..............  Linqing Silver Star               78.39
                                  Paper Products Co.,
                                  Ltd.
Paperline Limited..............  Jiaxing Te Gao Te Paper           78.39
                                  Products Co., Ltd.
Paperline Limited..............  Yantai License Printing           78.39
                                  & Making Co., Ltd.
Yantai License Printing &        Yantai License Printing           78.39
 Making Co., Ltd.                 & Making Co., Ltd.
Paperline Limited..............  Anhui Jinhua Import &             78.39
                                  Export Co., Ltd.
Essential Industries Limited...  Dongguan Yizhi Gao                78.39
                                  Paper Products Ltd.
MGA Entertainment (H.K.)         Kon Dai (Far East)                78.39
 Limited.                         Packaging Co., Ltd.
MGA Entertainment (H.K.)         Dong Guan Huang Giang             78.39
 Limited.                         Rong Da Printing
                                  Factory.
MGA Entertainment (H.K.)         Dong Guan Huang Giang             78.39
 Limited.                         Da Printing Co.,
                                  Limited.
Excel Sheen Limited............  Dongguan Shipai Fuda              78.39
                                  Stationery Factory.
Maxleaf Stationery Ltd.........  Maxleaf Stationery Ltd.           78.39
PRC Entity*....................  .......................          258.21
------------------------------------------------------------------------
 *Including Atico, Planet International, and the companies that did not
  respond to the Q&V questionnaire.

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act, we will instruct U.S. 
Customs and Border Protection (``CBP'') to continue to suspend 
liquidation of all entries of subject merchandise from the PRC entered, 
or withdrawn from warehouse, for consumption on or after April 17, 
2006, the date of publication of the Preliminary Determination. For 
those companies for which we found critical circumstances to exist, we 
will instruct CBP to continue to suspend liquidation of all entries of 
subject merchandise from the PRC entered, or withdrawn from warehouse, 
for consumption on or after January 17, 2006, which is 90 days prior to 
the date of publication of the preliminary determination. CBP shall 
continue to require a cash deposit equal to the estimated amount by 
which the normal value exceeds the U.S. price as shown above. These 
instructions suspending liquidation will remain in effect until further 
notice.

[[Page 53086]]

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the 
ITC of our final determination of sales at LTFV. As our final 
determination is affirmative, in accordance with section 735(b)(2) of 
the Act, the ITC will determine within 45 days whether the domestic 
industry in the United States is materially injured, or threatened with 
material injury, by reason of imports of CLPP, or sales (or the 
likelihood of sales) for importation, of the subject merchandise. If 
the ITC determines that material injury or threat of material injury 
does not exist, the proceeding will be terminated and all securities 
posted will be refunded or canceled. If the ITC determines that such 
injury does exist, the Department will issue an antidumping duty order 
directing CBP to assess antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation. If the ITC determines that material injury, or threat of 
material injury does exist, but finds no critical circumstances, the 
Department will instruct CBP refund or cancel all securities posted 
prior to April 17, 2006.

Notification Regarding APO

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to administrative protective order (``APO'') of their 
responsibility concerning the destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 the terms of an APO is a sanctionable 
violation.
    We are issuing and publishing this determination and notice in 
accordance with sections 735(d) and 777(i) of the Act.

    Dated: August 30, 2006.
David M. Spooner,
Assistant Secretary, for Import Administration.
[FR Doc. 06-7538 Filed 9-7-06; 8:45 am]
BILLING CODE 3510-DS-M