[Federal Register Volume 74, Number 140 (Thursday, July 23, 2009)]
[Notices]
[Pages 36457-36459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17575]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-901]


Certain Lined Paper Products from the People's Republic of China: 
Notice of Rescission, in Part, of Antidumping Duty Administrative 
Review

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

EFFECTIVE DATE: July 23, 2009.

FOR FURTHER INFORMATION CONTACT: Joy Zhang or Victoria Cho, 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-
1168, or (202) 482-5075, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 28, 2006, the Department of Commerce (the Department) 
published in the Federal Register an antidumping duty order on certain 
lined paper products (CLPP) from the People's Republic of China 
(PRC).\1\ On September 2, 2008, the Department published a notice of 
opportunity to request an administrative review of the antidumping duty 
order on CLPP from China. See Antidumping or Countervailing Duty Order, 
Finding, or Suspended Investigation; Opportunity To Request 
Administrative Review, 73 FR 51272 (September 2, 2008). On September 
30, 2008, the Association of American School Paper Suppliers 
(Petitioner) requested that the Department conduct an administrative 
review of (1) Shanghai Lian Li Paper Products Co., Ltd. (Lian Li), and 
(2) the Watanabe Group, which consists of Watanabe Paper Products 
(Shanghai) Co., Ltd., Watanabe Paper Products (Lingqing) Co., Ltd., and 
Hotrock Stationery (Shenzhen) Co., Ltd. (collectively, the Watanabe 
Group) for the period of review (POR) of September 1, 2007 through 
August 31, 2008.
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    \1\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value: Certain Lined Paper Products from the People's 
Republic of China; Notice of Antidumping Duty Orders: Certain Lined 
Paper Products from India, Indonesia and the People's Republic of 
China; and Notice of Countervailing Duty Orders: Certain Lined Paper 
Products from India and Indonesia, 71 FR 56949 (September 28, 2006).
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    On October 29, 2008, the Department initiated this review with 
respect to both requested companies. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Deferral of 
Administrative Review, 73 FR 64305 (October 29, 2008). 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 U. S. Customs and Border Protection (CBP) 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.
    On June 4, 2009, the Department published a notice extending the 
deadline for the preliminary results from for 120 days to September 30, 
2009. In this notice the Department also published its intent to 
rescind this administrative review in part with respect to Lian Li 
because the Department preliminarily determined that the product 
samples submitted by Lian Li and the Customs data demonstrated that 
Lian Li did not export subject merchandise to the United States during 
the POR. See Certain Lined Paper Products From the People's Republic of 
China: Notice of Intent to Rescind, In Part, Antidumping Duty 
Administrative Review and Extension of Time Limits for Preliminary 
Results of Antidumping Duty Administrative Review, 74 FR 26840, 26841 
(June 4, 2009) (Notice of Intend to Rescind). We invited

[[Page 36458]]

interested parties to comment. We received no comments after the 
publication of the Notice of Intend to Rescind.

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> Fly\TM\ 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\TM\ pen-top 
computer. The product must bear the valid trademark Fly\TM\ (products 
found to be bearing an invalidly licensed or used trademark are not 
excluded from the scope).
    <bullet> Zwipes\TM\: 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\TM\ 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\TM\ (products 
found to be bearing an invalidly licensed or used trademark are not 
excluded from the scope).
    <bullet> FiveStar[reg]Advance\TM\: 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[reg]Advance\TM\ (products found to be bearing an invalidly 
licensed or used trademark are not excluded from the scope).

[[Page 36459]]

    <bullet> FiveStar Flex\TM\: 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\TM\ 
(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 4820.10.2020, 4820.10.2030, 
4820.10.2040, 4820.10.2050, 4820.10.2060, 4810.22.5044, 4811.90.9090, 
4820.10.2010 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.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(3), the Department may rescind an 
administrative review with respect to a particular exporter or producer 
if the Department concludes that during the POR there were no entries, 
exports, or sales of the subject merchandise by that exporter or 
producer. As noted, on November 13, 2008, Lian Li submitted a letter 
certifying that it did not have entries, exports or sales during the 
POR. Therefore, the Department conducted a CBP query, and requested 
that Lian Li provide product samples of products entered during the 
POR. Based on a review of the product samples submitted by Lian Li and 
the Customs data, we preliminarily 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. See Notice of Intent to Rescind, 74 FR at 26840. The 
Department did not receive comments from any interested party on the 
Department's intent to rescind. Based on our analysis of the evidence 
on the record, the Department has determined that Lian Li is a non-
shipper for this review.
    Therefore, in accordance with 19 CFR 351.213(d)(3), we are 
rescinding this review with respect to Lian Li. Only one respondent, 
the Watanabe Group, remains in this review. We intend to issue 
assessment instructions to CBP 15 days after the date of publication of 
this notice of rescission of administrative review.
    We are issuing this notice in accordance with section 751 of the 
Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).

    Dated: July 16, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary For Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-17575 Filed 7-22-09; 8:45 am]
BILLING CODE 3510-DS-S