[Federal Register Volume 74, Number 106 (Thursday, June 4, 2009)]
[Notices]
[Pages 26840-26842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13069]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-901]


Certain Lined Paper Products from China: Notice of Intent to 
Rescind, In Part, 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.

EFFECTIVE DATE: June 4, 2009.

FOR FURTHER INFORMATION CONTACT: Victoria Cho or Joy Zhang, 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-
5075 or (202) 482-1168, 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 China. See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative Review, 
73 FR 51272 (September 2, 2008). Pursuant to a request from the 
Association of American School Paper Suppliers (petitioner), the 
Department published in the Federal Register the notice of initiation 
of this antidumping duty administrative review with respect to two 
companies:
    (1) Shanghai Lian Li Paper Products Co., Ltd. (Lian Li), and (2) 
Watanabe Group, which consists of Watanabe Paper Products (Shanghai) 
Co., Ltd., Watanabe Paper Products (Lingqing) Co., Ltd., and Hotrock 
Stationery (Shenzhen) Co., Ltd. (collectively, Watanabe) for the period 
of review (POR) September 1, 2007, through August 31, 2008. See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Deferral of Administrative Review, 73 FR 64305 (October 29, 
2008) (Notice of Initiation).

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 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> Fly<SUP>TM</SUP> lined paper products: A

[[Page 26841]]

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 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[reg]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 Advance (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.

Intent to Rescind the 2007-2008 Administrative Review, in Part

    On November 13, 2008, Lian Li submitted a letter certifying that it 
did not have any shipments of subject merchandise during the POR. The 
Department conducted an internal Customs data query on November 13, 
2008, to investigate Lian Li's claim, and found that Lian Li had made 
shipments to the United States during the POR, which were entered under 
the Harmonized Tariff Schedule of the United States (HTSUS) numbers for 
subject merchandise. See Memorandum to File from Joy Zhang titled 
``Internal Customs Data Query,'' dated December 2, 2008. Therefore, on 
December 2, 2008, the Department issued a questionnaire to Lian Li.
    On January 9, petitioner filed comments on Lian Li's no shipment 
claim, asking the Department to request product samples from Lian Li. 
On January 29, 2009, Lian Li submitted product samples of the 
merchandise it exported to the United States during the POR, which Lian 
Li claimed were non-subject merchandise. On March 4, 2009, counsel for 
petitioner inspected Lian Li's product samples. See Memorandum to the 
File from Joy Zhang titled ``Inspecting the Product Samples by Counsel 
for the Association of American School Paper Supplies,'' dated March 4, 
2009.
    Based on a review of the product samples submitted by Lian Li and 
the Customs data, we preliminarily determine that the samples are not 
subject merchandise, and that Lian Li did not export subject 
merchandise to the United States during the POR.
    In accordance with 19 CFR Sec.  351.213(d)(3), the Department may 
rescind an administrative review, ``with respect to a particular 
exporter or producer, if the Secretary concludes that, during the 
period covered by the review, there were no entries, exports, or sales 
of the subject merchandise, as the case may be.'' Because we determined 
that Lian Li did not export subject merchandise to the United States 
during the POR, pursuant to 19 CFR Sec.  351.213(d)(3), and consistent 
with our practice, we preliminarily determine to rescind this review 
with respect to Lian Li. See, e.g., Welded Carbon Steel Pipe and Tube 
from Turkey: Notice of Intent to Rescind Antidumping Duty 
Administrative Review, In Part, 73 FR 60240 (October 10, 2008), and 
Certain Frozen Warmwater Shrimp From India: Final Results and Partial 
Rescission of Antidumping Duty Administrative Review, 73 FR 40492 (July 
15, 2008).
    After the preliminary partial rescission of Lian Li, only one 
respondent, Watanabe, remains in this review.

Public Comment

    An interested party may request a hearing within 30 days of 
publication of this preliminary notice. See 19 CFR Sec.  351.310(c). 
Any hearing, if requested, will be held 44 days after the date of 
publication of this preliminary notice,

[[Page 26842]]

or the first working day thereafter. Interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
preliminary notice. See 19 CFR Sec.  351.309(c)(ii). Rebuttal briefs, 
limited to issues raised in such briefs, may be filed no later than 
five days after the time limit for filing the case brief 19 CFR Sec.  
351.309(d). Parties who submit arguments are requested to submit with 
the argument (1) a statement of the issue, (2) a brief summary of the 
argument, and (3) a table of authorities. Further, parties submitting 
written comments should provide the Department with an additional copy 
of the public version of any such comments on diskette. The Department 
will issue the final notice, which will include the results of its 
analysis of issues raised in any such comments, or at a hearing, if 
requested, within 120 days of publication of this preliminary notice.

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, on 
January 8, 2009, Watanabe claimed that it did not export subject 
merchandise to the United States during the POR. However, based on our 
internal Customs data query, we found that Watanabe made shipments to 
the United States during the POR, which entered under the HTSUS numbers 
for subject merchandise.\1\ Therefore, we requested that Watanabe 
respond to the Department's questionnaire. The issue raised by Watanabe 
has resulted in a delay in Watanabe's response to the Department's 
questionnaire. In addition, we need additional time to thoroughly 
review the response to the original questionnaire and to allow time to 
issue supplemental questionnaires, if deemed necessary.
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    \1\ See Internal Customs data query, Second Administrative 
Review of the Antidumping Duty Order on Certain Lined Paper Products 
from China, Memorandum to the File, from Joy Zhang, Case Analyst, 
through James Terpstra, Program Manager, dated January 12, 2009.
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    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). 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.

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 Sec.  
351.212(c)(1)(i).
    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 Sec.  
351.213(d)(4).

    Dated: May 29, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-13069 Filed 6-3-09; 8:45 am]
BILLING CODE 3510-DS-S