Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Notices 36457 

1See 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). 

and order. See Saccharin Order. The 

Department has determined that the 

request submitted by PMCSG is 

sufficient to warrant a changed 

circumstances review. 

In accordance with sections 751(d)(1) 

and 782(h)(2) of the Act, and 19 CFR 

351.216 and 351.222(g), a domestic 

producer of the like product, PMCSG, 

claims changed circumstances exist and 

has made an affirmative statement that 

no further interest exists in continuing 

the order on saccharin. PMCSG further 

alleges that it represents 100 percent of 

the domestic industry and that it 

accounts for all of the production of the 

domestic like product to which the 

order pertains. Based upon the 

statement of no interest by PMCSG, the 

Department has determined that there is 

sufficient information to conduct a 

changed circumstances review. 

However, in light of the opposition to 

the potential revocation, and Kinetic’s 

claim to be a domestic producer of the 

like product, the Department does not 

have sufficient information on the 

record of this changed circumstances 

review to determine that PMCSG 

accounts for substantially all (i.e., at 

least 85 percent) of the production of 

the domestic like product. Accordingly, 

we are initiating a changed 

circumstances review, but will not 

conduct an expedited changed 

circumstances review and preliminary 

determination, pursuant to 19 CFR 

351.221(c)(3)(ii). The Department 

intends to issue questionnaires to 

Kinetic, the third party toller of 

Kinetic’s saccharin, and PMCSG to 

solicit relevant information and fully 

evaluate the request to revoke the 

antidumping duty order on saccharin 

from the PRC as well as the arguments 

against this revocation. 

The Department will issue 

questionnaires requesting additional 

information for the review and will 

publish in the Federal Register a notice 

of the preliminary results of the 

antidumping duty changed 

circumstances review, in accordance 

with 19 CFR 351.221(b)(2) and (4), and 

19 CFR 351.221(c)(3)(i). That notice will 

set forth a description of any action 

proposed. Pursuant to 19 CFR 

351.221(b)(4)(ii), interested parties will 

have an opportunity to comment on the 

preliminary results of review. In 

accordance with 19 CFR 351.216(e), the 

Department intends to issue the final 

results of its antidumping duty changed 

circumstances review not later than 270 

days after the date on which this review 

is initiated. 

This notice is published in 

accordance with sections 751(b)(1) and 

777(i) of the Act and 19 CFR 351.216. 

Dated: July 15, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–17576 Filed 7–22–04; 8:45 am] 

BILLING CODE 3510–DS–S 

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. 

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 


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36458 Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Notices 

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: 

• unlined copy machine paper; 

• 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; 

• three–ring or multiple–ring binders, 

or notebook organizers 

incorporating such a ring binder 

provided that they do not include 

subject paper; 

• index cards; 

• printed books and other books that 

are case bound through the 

inclusion of binders board, a spine 

strip, and cover wrap; 

• newspapers; 

• pictures and photographs; 

• desk and wall calendars and 

organizers (including but not 

limited to such products generally 

known as ‘‘office planners,’’ ‘‘time 

books,’’ and ‘‘appointment books’’); 

• telephone logs; 

• address books; 

• columnar pads & tablets, with or 

without covers, primarily suited for 

the recording of written numerical 

business data; 

• 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; 

• lined continuous computer paper; 

• 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; 

• 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: 

• FlyTM lined paper products: A 

notebook, notebook organizer, loose 

or glued note paper, with papers 

that are printed with infrared 

reflective inks and readable only by 

a FlyTM pen–top computer. The 

product must bear the valid 

trademark FlyTM (products found to 

be bearing an invalidly licensed or 

used trademark are not excluded 

from the scope). 

• ZwipesTM: A notebook or notebook 

organizer made with a blended 

polyolefin writing surface as the 

cover and pocket surfaces of the 

notebook, suitable for writing using 

a specially–developed permanent 

marker and erase system (known as 

a ZwipesTM 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 ZwipesTM

(products found to be bearing an 

invalidly licensed or used 

trademark are not excluded from 

the scope). 

• FiveStar®AdvanceTM: A notebook 

or notebook organizer bound by a 

continuous spiral, or helical, wire 

and with plastic front and rear 

covers made of a blended polyolefin 

plastic material joined by 300 

denier polyester, coated on the 

backside with PVC (poly vinyl 

chloride) coating, and extending the 

entire length of the spiral or helical 

wire. The polyolefin plastic covers 

are of specific thickness; front cover 

is 0.019 inches (within normal 

manufacturing tolerances) and rear 

cover is 0.028 inches (within 

normal manufacturing tolerances). 

Integral with the stitching that 

attaches the polyester spine 

covering, is captured both ends of a 

1’’ wide elastic fabric band. This 

band is located 2–3/8’’ from the top 

of the front plastic cover and 

provides pen or pencil storage. Both 

ends of the spiral wire are cut and 

then bent backwards to overlap 

with the previous coil but 

specifically outside the coil 

diameter but inside the polyester 

covering. During construction, the 

polyester covering is sewn to the 

front and rear covers face to face 

(outside to outside) so that when 

the book is closed, the stitching is 

concealed from the outside. Both 

free ends (the ends not sewn to the 

cover and back) are stitched with a 

turned edge construction. The 

flexible polyester material forms a 

covering over the spiral wire to 

protect it and provide a comfortable 

grip on the product. The product 

must bear the valid trademarks 

FiveStar®AdvanceTM (products 

found to be bearing an invalidly 

licensed or used trademark are not 

excluded from the scope). 


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Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Notices 36459 

• FiveStar FlexTM: 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 FlexTM (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 

§ 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XQ33 

Atlantic Coastal Fisheries Cooperative 

Management Act Provisions; 

Application for Exempted Fishing 

Permit; Horseshoe Crabs 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of a proposal to 

conduct exempted fishing; request for 

comments. 

SUMMARY: NMFS announces that the 

Director, Office of Sustainable Fisheries 

(Director), has made a preliminary 

determination that the subject exempted 

fishing permit (EFP) application 

submitted by Limuli Laboratories of 

Cape May Court House, New Jersey, 

contains all the required information 

and warrants further consideration. The 

proposed EFP would allow the harvest 

of up to 10,000 horseshoe crabs from the 

Carl N. Shuster Jr. Horseshoe Crab 

Reserve for biomedical purposes and 

require, as a condition of the EFP, the 

collection of data related to the status of 

horseshoe crabs within the reserve. The 

Director has also made a preliminary 

determination that the activities 

authorized under the EFP would be 

consistent with the goals and objectives 

of the Atlantic States Marine Fisheries 

Commission’s (Commission) Horseshoe 

Crab Interstate Fisheries Management 

Plan (FMP). However, further review 

and consultation may be necessary 

before a final determination is made to 

issue the EFP. Therefore, NMFS 

announces that the Director proposes to 

recommend that an EFP be issued that 

would allow up to 3 commercial fishing 

vessels to conduct fishing operations 

that are otherwise restricted by the 

regulations promulgated under the 

Atlantic Coastal Fisheries Cooperative 

Management Act (Atlantic Coastal Act). 

The EFP would allow for an exemption 

from the Carl N. Shuster Jr. Horseshoe 

Crab Reserve (Reserve). 

Regulations under the Atlantic 

Coastal Act require publication of this 

notification to provide interested parties 

the opportunity to comment on 

applications for proposed EFPs. 

DATES: Written comments on this action 

must be received on or before August 7, 

2009. 

ADDRESSES: Written comments should 

be sent to Alan Risenhoover, Director, 

Office of Sustainable Fisheries, NMFS, 

1315 East-West Highway, Room 13362, 

Silver Spring, MD 20910. Mark the 

outside of the envelope ‘‘Comments on 

Horseshoe Crab EFP Proposal.’’ 

Comments may also be sent via fax to 

(301) 713–0596. Comments on this 

notice may also be submitted by e-mail 

to: Horseshoe-Crab.EFP@noaa.gov. 

Include in the subject line of the e-mail 

comment the following document 

identifier: Horseshoe Crab EFP Proposal. 

FOR FURTHER INFORMATION CONTACT: 

Brian Hooker, Fishery Management 

Specialist, (301) 713–2334 x173. 

SUPPLEMENTARY INFORMATION: 

Background 

Limuli Laboratories submitted an 

application for an EFP on July 13, 2009, 

to collect up to 10,000 horseshoe crabs 

for biomedical and data collection 

purposes from the Reserve. The 

applicant has applied for, and received, 

a similar EFP every year from 2001 - 

2008. The current EFP application 

specifies that: (1) the same methods 

would be used in 2009 that were used 

in years 2001–2008, (2) at least 15 

percent of the bled horseshoe crabs 

would be tagged, and (3) there had not 

been any sighting or capture of marine 

mammals or endangered species in the 

trawling nets of fishing vessels engaged 


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