[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)]
[Notices]
[Pages 51390-51392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24070]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-844]


Certain Lined Paper Products From India: Final Results of 
Expedited Second Sunset Review of Countervailing Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On July 3, 2017, the Department of Commerce (the Department) 
initiated a sunset review of the countervailing duty (CVD) order on 
certain lined paper products from India pursuant to section 751(c) of 
the Tariff Act of 1930, as amended (the Act). The Department has 
conducted an expedited sunset review of this order pursuant to the Act 
and 19 CFR 351. As a result of this sunset review, the Department finds 
that revocation of the CVD order is likely to lead to continuation or 
recurrence of a countervailable subsidy at the levels indicated in the 
``Final Results of Review'' section of this notice.

DATES: Applicable November 6, 2017.

FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: 202-482-1009.

SUPPLEMENTARY INFORMATION: 

Background

    The CVD order on certain lined paper products from India was 
published in the Federal Register on September 28, 2006.\1\ On July 3, 
2017, the Department initiated the second sunset review of this CVD 
order pursuant to section 751(c) of the Act.\2\ On July 18, 2017, we 
received a notice of intent to participate on behalf of the Association 
of American School Paper Suppliers and each of its individual members 
(AASPS, hereinafter referred to as the domestic interested party), an 
association of domestic producers of lined paper products.\3\ The 
domestic interested party claimed interested party status under 
sections 771(9)(F) and (C) of the Act, because it is comprised of an 
association of U.S. producers of the domestic like product and the 
individual members of the association, which are manufacturers, 
producers, or wholesalers in the United States of the domestic like 
product.\4\ On August 2, 2017, the domestic interested party submitted 
its substantive response within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i).\5\ The Department did not receive any substantive 
response from the Government of India, or Indian producers or exporters 
of the merchandise covered by the CVD order. As a result, pursuant to 
section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the 
Department conducted an expedited review of the CVD order. This 
approach is consistent with the Department's practice, including the 
prior sunset review of this CVD order.\6\ The Department did not

[[Page 51391]]

conduct a hearing because a hearing was not requested.
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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).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 82 FR 30844 
(July 3, 2017).
    \3\ See Letter from the Domestic Interested Party, ``Certain 
Lined Paper Products from India: Notice of Intent to Participate in 
Sunset Review,'' dated July 18, 2017.
    \4\ Id. at 1-2.
    \5\ See Letter from the Domestic Interested Party, ``Certain 
Lined Paper Products from India: Substantive Response to Notice of 
Initiation of Sunset Review,'' dated August 2, 2017.
    \6\ See, e.g., Welded Carbon Steel Pipe and Tube From Turkey: 
Final Results of Expedited Sunset Review of Countervailing Duty 
Order, 76 FR 64900 (October 19, 2011); Certain Pasta from Turkey: 
Final Results of Expedited Five-Year (``Sunset'') Review of the 
Countervailing Duty Order, 72 FR 5269 (February 5, 2007); and 
Certain Carbon Steel Products from Sweden; Final Results of 
Expedited Sunset Review of Countervailing Duty Order, 65 FR 18304 
(April 7, 2000). See also Final Results of Expedited Sunset Review 
of Countervailing Duty Order: Certain Lined Paper Products From 
India, 76 FR 76147 (December 6, 2011).
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Scope of the Order

    The scope of this order includes certain lined paper products, 
typically school supplies,\7\ composed of or including paper that 
incorporates straight horizontal and/or vertical lines on ten or more 
paper sheets,\8\ 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.
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    \7\ 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.
    \8\ There shall be no minimum page requirement for loose leaf 
filler paper.
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    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,\9\ 
measuring 6 inches by 9 inches;
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    \9\ ``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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    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>.\10\
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    \10\ 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>.\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> 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>.\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 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

[[Page 51392]]

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>.\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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    Merchandise subject to this order is typically imported under 
headings 4810.22.5044, 4811.90.9050, 4811.90.9090, 4820.10.2010, 
4820.10.2020, 4820.10.2030, 4820.10.2040, 4820.10.2050, 4820.10.2060, 
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.

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum, which is dated concurrently with, and hereby 
adopted by, this notice.\14\ The issues discussed in the Issues and 
Decision Memorandum include the likelihood of continuation or 
recurrence of a countervailable subsidy and the net countervailable 
subsidy likely to prevail if the CVD order were revoked. Parties can 
find a complete discussion of all issues raised in this expedited 
sunset review and the corresponding recommendations in this public 
memorandum, which is on file electronically via the Enforcement and 
Compliance Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov and to all parties in the Central Records 
Unit, Room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.
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    \14\ See Memorandum regarding: ``Issues and Decision Memorandum 
for the Final Results of Expedited Second Sunset Review of the 
Countervailing Duty Order on Certain Lined Paper Products from 
India,'' dated concurrently with this notice.
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Final Results of Review

    As a result of this review, the Department determines that 
revocation of the CVD order would likely lead to continuation or 
recurrence of a countervailable subsidy at the rates listed below:

------------------------------------------------------------------------
                                                               Net
                                                         countervailable
                   Producer/exporter                       subsidy rate
                                                            (percent)
------------------------------------------------------------------------
Aero Exports...........................................            84.98
Navneet Publications...................................            88.39
All Others.............................................            87.52
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Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.
    We are issuing and publishing the final results of this review in 
accordance with sections 751(c), 752, and 777(i) of the Act.

    Dated: October 31, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-24070 Filed 11-3-17; 8:45 am]
 BILLING CODE 3510-DS-P