[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
[Notices]
[Pages 21781-21783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10960]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-843]


Certain Lined Paper Products From India: Notice of Partial 
Rescission of Antidumping Duty Administrative Review and Extension of 
Time Limit for the Preliminary Results of Antidumping Duty 
Administrative Review

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

DATES: Effective Date: May 11, 2009.

FOR FURTHER INFORMATION CONTACT: George McMahon or Stephanie Moore, AD/
CVD Operations, Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
1167 or (202) 482-3692, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On September 2, 2008, the Department of Commerce (the Department) 
published a notice of opportunity to request an administrative review 
of the antidumping duty order on certain lined paper products (CLPP) 
from India. See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative Review, 
73 FR 51272 (September 2, 2008). Pursuant

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to requests from interested parties,\1\ the Department published in the 
Federal Register the notice of initiation of this antidumping duty 
administrative review with respect to 25 companies, including Kejriwal 
Paper Limited (Kejriwal) for the period September 1, 2007, through 
August 30, 2008. See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Deferral of Administrative Review, 73 FR 
64305 (October 29, 2008) (Notice of Initiation).\2\ On November 25, 
2008, the Department selected Kejriwal and Blue Bird India Ltd. (Blue 
Bird) as companies to be individually examined in the second 
administrative review of the antidumping duty order on CLPP from India. 
See memorandum to Melissa Skinner from George McMahon titled ``Certain 
Lined Paper Products from India: Selection of Respondents for 
Individual Review,'' dated November 25, 2008. On December 22, 2008, 
both Kejriwal and the Association timely withdrew their requests for 
review of Kejriwal. On January 9, 2009, after we determined that we 
would rescind the review with respect to Kejriwal, we selected Navneet 
as a mandatory respondent.
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    \1\ On September 29, 2008, the Department received a timely 
request for an administrative review filed on behalf of Kejriwal 
Paper Limited and a timely request for an administrative review 
filed on behalf of Navneet Publications (India) Limited (Navneet). 
On September 30, 2008, the Department received timely requests for 
an administrative review of the following 25 companies, filed on 
behalf of the Association of American School Paper Suppliers (the 
Association), a domestic interested party: Agility Logistics Pvt. 
Ltd., Blue Bird India Ltd., Ceal Shipping Logistics Pvt. Ltd., Cello 
International Pvt. Ltd., Corporate Stationary Pvt. Ltd., Creative 
Divya, Exel India Pvt. Ltd., FFI International, Global Art India 
Inc., International Greetings Pvt. Ltd., Karim General Handmade 
Paper DIAR, Kejriwal Exports, M/S Super ImpEx., Magic International, 
Marigold ExIm Pvt. Ltd., Marisa International, Navneet Publications 
(India) Ltd., Pentagon Waterlines Pvt. Ltd., Pioneer Stationery Pvt. 
Ltd., Rajvansh International, Riddhi Enterprises, SAB International, 
TKS Overseas, Unlimited Accessories Worldwide, and V. Joshi Co.
    \2\ See also Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 73 FR 70964 (November 24, 2008) at footnote 
1, in which the Department states, ``{w{time} e note that the 
Department erred by inadvertently including the manufacturer/
exporter name: ``Ria ImpEx Pvt. Ltd.'' in the prior initiation 
notice under case number A-533-843 for the period of review: 9/1/07-
8/31/08. See 73 FR 64305 (October 29, 2008). The Department did not 
receive a timely request to review Ria ImpEx Pvt. Ltd. for case 
number A-533-843, therefore, the Department retracts its initiation 
of an administrative review of the antidumping order with respect to 
Ria ImpEx Pvt. Ltd. for the period of review 9/1/07-8/31/08.''
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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 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 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 stationery (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> 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> (products found to be bearing an invalidly 
licensed or used trademark are not excluded from the scope).
    <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

[[Page 21783]]

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]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 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 
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 4820.10.2050, 4810.22.5044, 4811.90.9050, 4811.90.9090, 
4820.10.2010, 4820.10.2020, 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.

Extension of Time Limit of Preliminary Results

    The preliminary results of this review are currently due no later 
than June 2, 2009. Section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act), requires the Department to make a preliminary 
determination in an administrative review within 245 days after the 
last day of the anniversary month of an order or finding for which a 
review is requested. Consistent with section 751(a)(3)(A) of the Act, 
the Department may extend the 245-day period to 365 days if it is not 
practicable to complete the review within a 245-day period.
    We determine that completion of the preliminary results of this 
review within the 245-day period is not practicable. Specifically, 
after Kejriwal timely withdrew from the administrative review, the 
Department selected Navneet as a mandatory respondent and on January 9, 
2009, issued a questionnaire to the company. See Questionnaire to 
Navneet dated January 9, 2009. In addition, we need additional time to 
thoroughly consider the responses to the supplemental questionnaires 
the Department has sent to Navneet.
    Therefore, we are extending the time period for issuing the 
preliminary results of review by 120 days to September 30, 2009, in 
accordance with section 751(a)(3)(A) of the Act and 19 CFR Sec.  
351.213(h)(2). Therefore, the preliminary results are now due no later 
than September 30, 2009. The final results continue to be due 120 days 
after publication of the preliminary results.

Partial Rescission of the 2007-2008 Administrative Review

    On December 22, 2008, the Association withdrew its request for 
review of Kejriwal, and Kejriwal notified the Department that it was 
also withdrawing its request for review. In accordance with 19 CFR 
351.213(d)(1) the Department will rescind an administrative review ``if 
a party that requested the review withdraws the request within 90 days 
of the date of publication of notice of initiation of the requested 
review.'' The instant review was initiated on October 29, 2008. See 
Initiation Notice. Therefore, the deadline to withdraw review requests 
was January 27, 2009. The Association and Kejriwal's withdrawals of 
request for review fall within the deadline for rescission by the 
Department. Therefore, in accordance with 19 CFR 351.213(d)(1), and 
consistent with our practice, we are rescinding this review with 
respect to Kejriwal. See, e.g., Brass Sheet and Strip from Germany: 
Notice of Rescission of Antidumping Duty Administrative Review, 73 FR 
49170 (August 20, 2008).

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to assess antidumping duties on all appropriate entries. For 
the company for which this review is rescinded, 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)(1)(i). 
Because an injunction is in effect for entries from Kejriwal entered on 
or after April 17, 2006, the Department will issue appropriate 
assessment instructions directly to CBP when the injunction is lifted.
    This notice is issued and published in accordance with sections 
751(a)(1), 751(a)(3)(A), and 777(i)(1) of the Act, and 19 CFR 
351.213(d)(4).

    Dated: May 5, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-10960 Filed 5-8-09; 8:45 am]
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