Certain Lined Paper School Supplies From China and India; Institution of Five-Year Reviews, 30902-30905 [2017-13711]

Download as PDF 30902 Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices sradovich on DSK3GMQ082PROD with NOTICES it with the enforcement proceeding. 81 FR 85264–65. On January 31, 2017, Eko petitioned the Commission to rescind the remedial orders based on a lack of a domestic industry. The Commission denied the petition on June 8, 2017, because Eko failed to show changed circumstances with respect to the domestic industry. Notice of Commission Determination to Deny a Petition Requesting the Rescission of Remedial Orders (June 8, 2017). On March 27, 2017, the presiding ALJ issued the subject enforcement initial determination (‘‘EID’’), which found that the remedial orders cannot be enforced due to a lack of domestic industry, and issued a recommended determination that the remedial orders be rescinded due to an intervening district court summary judgment of noninfringement. OUII petitioned for review of the EID on April 6, 2017, and ARM petitioned for review on April 7, 2017. On April 13, 2017, ARM and Eko filed a response to OUII’s petition, and OUII filed a response to ARM’s petition. On April 14, 2017, Eko filed a response to ARM’s petition. On May 11, 2017, the Commission determined to review the EID. The Commission has determined that ARM has not shown that Eko violated the remedial orders. The Commission reverses the EID’s finding that the remedial orders cannot be enforced against Eko due to a lack of domestic industry, but finds that ARM has failed to show that Eko had the intent necessary to induce or contribute to the infringement of claims 8 and 19 of the ’320 patent. The Commission has also determined not to rescind the remedial orders. This consolidated enforcement and rescission proceeding is hereby terminated, and a Commission opinion will issue shortly. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: June 27, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017–13909 Filed 6–30–17; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 17:53 Jun 30, 2017 Jkt 241001 INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–442 and 731– TA–1095–1096 (Second Review)] Certain Lined Paper School Supplies From China and India; Institution of Five-Year Reviews United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (‘‘the Act’’), as amended, to determine whether revocation of the countervailing duty order on certain lined paper school supplies from India and the antidumping duty orders on certain lined paper school supplies from China and India would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission. DATES: Effective July 3, 2017. To be assured of consideration, the deadline for responses is August 2, 2017. Comments on the adequacy of responses may be filed with the Commission by September 14, 2017. FOR FURTHER INFORMATION CONTACT: Mary Messer (202–205–3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearingimpaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for this proceeding may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On September 28, 2006, the Department of Commerce (‘‘Commerce’’) issued a countervailing duty order on certain lined paper school supplies from India and antidumping duty orders on certain lined paper school supplies from China and India (71 FR 56949). On April 14, 2011, Commerce amended in part the antidumping duty order on subject imports from India (76 FR 20954). Following the first five-year reviews by Commerce and the Commission, SUMMARY: PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 effective August 31, 2012, Commerce issued a continuation of the countervailing duty order on imports of certain lined paper school supplies from India and the antidumping duty orders on imports of certain lined paper school supplies from China and India (77 FR 53172). The Commission is now conducting second five-year reviews pursuant to section 751(c) of the Act, as amended (19 U.S.C. 1675(c)), to determine whether revocation of the orders would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. Provisions concerning the conduct of this proceeding may be found in the Commission’s Rules of Practice and Procedure at 19 CFR parts 201, subparts A and B and 19 CFR part 207, subparts A and F. The Commission will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct full or expedited reviews. The Commission’s determinations in any expedited reviews will be based on the facts available, which may include information provided in response to this notice. Definitions.—The following definitions apply to these reviews: (1) Subject Merchandise is the class or kind of merchandise that is within the scope of the five-year reviews, as defined by Commerce. (2) The Subject Countries in these reviews are China and India. (3) The Domestic Like Product is the domestically produced product or products which are like, or in the absence of like, most similar in characteristics and uses with, the Subject Merchandise. In its original determinations and its full first five-year reviews, the Commission found one Domestic Like Product consisting of all lined paper products, regardless of dimension. (4) The Domestic Industry is the U.S. producers as a whole of the Domestic Like Product, or those producers whose collective output of the Domestic Like Product constitutes a major proportion of the total domestic production of the product. In its original determinations and full first five-year reviews, the Commission found one Domestic Industry consisting of all domestic producers of lined paper products. The Commission also found during the original investigations that circumstances were appropriate to exclude two domestic producers, American Scholar and CPP, from the Domestic Industry under the related parties provision. In the full first fiveyear reviews, the Commission found E:\FR\FM\03JYN1.SGM 03JYN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices that appropriate circumstances did not exist to exclude any of the related party producers from the Domestic Industry. (5) An Importer is any person or firm engaged, either directly or through a parent company or subsidiary, in importing the Subject Merchandise into the United States from a foreign manufacturer or through its selling agent. Participation in the proceeding and public service list.—Persons, including industrial users of the Subject Merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the proceeding as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11(b)(4) of the Commission’s rules, no later than 21 days after publication of this notice in the Federal Register. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the proceeding. Former Commission employees who are seeking to appear in Commission five-year reviews are advised that they may appear in a review even if they participated personally and substantially in the corresponding underlying original investigation or an earlier review of the same underlying investigation. The Commission’s designated agency ethics official has advised that a five-year review is not the same particular matter as the underlying original investigation, and a five-year review is not the same particular matter as an earlier review of the same underlying investigation for purposes of 18 U.S.C. 207, the post employment statute for Federal employees, and Commission rule 201.15(b) (19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5, 2008). Consequently, former employees are not required to seek Commission approval to appear in a review under Commission rule 19 CFR 201.15, even if the corresponding underlying original investigation or an earlier review of the same underlying investigation was pending when they were Commission employees. For further ethics advice on this matter, contact Charles Smith, Deputy Agency Ethics Official, at 202– 205–3408. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and APO service list.—Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI submitted in this proceeding available to authorized applicants under the APO issued in the proceeding, provided that VerDate Sep<11>2014 17:53 Jun 30, 2017 Jkt 241001 the application is made no later than 21 days after publication of this notice in the Federal Register. Authorized applicants must represent interested parties, as defined in 19 U.S.C. 1677(9), who are parties to the proceeding. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Certification.—Pursuant to section 207.3 of the Commission’s rules, any person submitting information to the Commission in connection with this proceeding must certify that the information is accurate and complete to the best of the submitter’s knowledge. In making the certification, the submitter will acknowledge that information submitted in response to this request for information and throughout this proceeding or other proceeding may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. Written submissions.—Pursuant to section 207.61 of the Commission’s rules, each interested party response to this notice must provide the information specified below. The deadline for filing such responses is August 2, 2017. Pursuant to section 207.62(b) of the Commission’s rules, eligible parties (as specified in Commission rule 207.62(b)(1)) may also file comments concerning the adequacy of responses to the notice of institution and whether the Commission should conduct expedited or full reviews. The deadline for filing such comments is September 14, 2017. All written submissions must conform with the provisions of section 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on E-Filing, available on the Commission’s Web site at https:// www.usitc.gov/secretary/documents/ handbook_on_filing_procedures.pdf, elaborates upon the Commission’s rules with respect to electronic filing. Also, in accordance with sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the proceeding must be served on all other PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 30903 parties to the proceeding (as identified by either the public or APO service list as appropriate), and a certificate of service must accompany the document (if you are not a party to the proceeding you do not need to serve your response). No response to this request for information is required if a currently valid Office of Management and Budget (‘‘OMB’’) number is not displayed; the OMB number is 3117 0016/USITC No. 17–5–392, expiration date June 30, 2020. Public reporting burden for the request is estimated to average 15 hours per response. Please send comments regarding the accuracy of this burden estimate to the Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Inability to provide requested information.—Pursuant to section 207.61(c) of the Commission’s rules, any interested party that cannot furnish the information requested by this notice in the requested form and manner shall notify the Commission at the earliest possible time, provide a full explanation of why it cannot provide the requested information, and indicate alternative forms in which it can provide equivalent information. If an interested party does not provide this notification (or the Commission finds the explanation provided in the notification inadequate) and fails to provide a complete response to this notice, the Commission may take an adverse inference against the party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in making its determinations in the reviews. Information To Be Provided in Response to This Notice of Institution: If you are a domestic producer, union/ worker group, or trade/business association; import/export Subject Merchandise from more than one Subject Country; or produce Subject Merchandise in more than one Subject Country, you may file a single response. If you do so, please ensure that your response to each question includes the information requested for each pertinent Subject Country. As used below, the term ‘‘firm’’ includes any related firms. (1) The name and address of your firm or entity (including World Wide Web address) and name, telephone number, fax number, and Email address of the certifying official. (2) A statement indicating whether your firm/entity is an interested party under 19 U.S.C. 1677(9) and if so, how, including whether your firm/entity is a U.S. producer of the Domestic Like Product, a U.S. union or worker group, a U.S. importer of the Subject Merchandise, a foreign producer or E:\FR\FM\03JYN1.SGM 03JYN1 sradovich on DSK3GMQ082PROD with NOTICES 30904 Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices exporter of the Subject Merchandise, a U.S. or foreign trade or business association (a majority of whose members are interested parties under the statute), or another interested party (including an explanation). If you are a union/worker group or trade/business association, identify the firms in which your workers are employed or which are members of your association. (3) A statement indicating whether your firm/entity is willing to participate in this proceeding by providing information requested by the Commission. (4) A statement of the likely effects of the revocation of the antidumping and countervailing duty orders on the Domestic Industry in general and/or your firm/entity specifically. In your response, please discuss the various factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) including the likely volume of subject imports, likely price effects of subject imports, and likely impact of imports of Subject Merchandise on the Domestic Industry. (5) A list of all known and currently operating U.S. producers of the Domestic Like Product. Identify any known related parties and the nature of the relationship as defined in section 771(4)(B) of the Act (19 U.S.C. 1677(4)(B)). (6) A list of all known and currently operating U.S. importers of the Subject Merchandise and producers of the Subject Merchandise in each Subject Country that currently export or have exported Subject Merchandise to the United States or other countries after 2011. (7) A list of 3–5 leading purchasers in the U.S. market for the Domestic Like Product and the Subject Merchandise (including street address, World Wide Web address, and the name, telephone number, fax number, and Email address of a responsible official at each firm). (8) A list of known sources of information on national or regional prices for the Domestic Like Product or the Subject Merchandise in the U.S. or other markets. (9) If you are a U.S. producer of the Domestic Like Product, provide the following information on your firm’s operations on that product during calendar year 2016, except as noted (report quantity data in pieces and value data in U.S. dollars, f.o.b. plant). If you are a union/worker group or trade/ business association, provide the information, on an aggregate basis, for the firms in which your workers are employed/which are members of your association. (a) Production (quantity) and, if known, an estimate of the percentage of VerDate Sep<11>2014 17:53 Jun 30, 2017 Jkt 241001 total U.S. production of the Domestic Like Product accounted for by your firm’s(s’) production; (b) capacity (quantity) of your firm to produce the Domestic Like Product (that is, the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix); (c) the quantity and value of U.S. commercial shipments of the Domestic Like Product produced in your U.S. plant(s); (d) the quantity and value of U.S. internal consumption/company transfers of the Domestic Like Product produced in your U.S. plant(s); and (e) the value of (i) net sales, (ii) cost of goods sold (COGS), (iii) gross profit, (iv) selling, general and administrative (SG&A) expenses, and (v) operating income of the Domestic Like Product produced in your U.S. plant(s) (include both U.S. and export commercial sales, internal consumption, and company transfers) for your most recently completed fiscal year (identify the date on which your fiscal year ends). (10) If you are a U.S. importer or a trade/business association of U.S. importers of the Subject Merchandise from any Subject Country, provide the following information on your firm’s(s’) operations on that product during calendar year 2016 (report quantity data in pieces and value data in U.S. dollars). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) The quantity and value (landed, duty-paid but not including antidumping or countervailing duties) of U.S. imports and, if known, an estimate of the percentage of total U.S. imports of Subject Merchandise from each Subject Country accounted for by your firm’s(s’) imports; (b) the quantity and value (f.o.b. U.S. port, including antidumping and/or countervailing duties) of U.S. commercial shipments of Subject Merchandise imported from each Subject Country; and (c) The quantity and value (f.o.b. U.S. port, including antidumping and/or countervailing duties) of U.S. internal consumption/company transfers of Subject Merchandise imported from each Subject Country. (11) If you are a producer, an exporter, or a trade/business association of producers or exporters of the Subject PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 Merchandise in any Subject Country, provide the following information on your firm’s(s’) operations on that product during calendar year 2016 (report quantity data in pieces and value data in U.S. dollars, landed and dutypaid at the U.S. port but not including antidumping or countervailing duties). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) Production (quantity) and, if known, an estimate of the percentage of total production of Subject Merchandise in each Subject Country accounted for by your firm’s(s’) production; (b) Capacity (quantity) of your firm(s) to produce the Subject Merchandise in each Subject Country (that is, the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix); and (c) the quantity and value of your firm’s(s’) exports to the United States of Subject Merchandise and, if known, an estimate of the percentage of total exports to the United States of Subject Merchandise from each Subject Country accounted for by your firm’s(s’) exports. (12) Identify significant changes, if any, in the supply and demand conditions or business cycle for the Domestic Like Product that have occurred in the United States or in the market for the Subject Merchandise in each Subject Country after 2011, and significant changes, if any, that are likely to occur within a reasonably foreseeable time. Supply conditions to consider include technology; production methods; development efforts; ability to increase production (including the shift of production facilities used for other products and the use, cost, or availability of major inputs into production); and factors related to the ability to shift supply among different national markets (including barriers to importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the Domestic Like Product produced in the United States, Subject Merchandise produced in each Subject Country, and such merchandise from other countries. (13) (OPTIONAL) A statement of whether you agree with the above E:\FR\FM\03JYN1.SGM 03JYN1 Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices definitions of the Domestic Like Product and Domestic Industry; if you disagree with either or both of these definitions, please explain why and provide alternative definitions. Authority: This proceeding is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.61 of the Commission’s rules. By order of the Commission. Issued: June 26, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017–13711 Filed 6–30–17; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–678–679 and 681–682 (Fourth Review)] Stainless Steel Bar From Brazil, India, Japan, and Spain; Institution of FiveYear Reviews United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (‘‘the Act’’), as amended, to determine whether revocation of the antidumping duty orders on stainless steel bar from Brazil, India, Japan, and Spain would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission. DATES: Effective July 3, 2017. To be assured of consideration, the deadline for responses is August 2, 2017. Comments on the adequacy of responses may be filed with the Commission by September 14, 2017. FOR FURTHER INFORMATION CONTACT: Mary Messer (202–205–3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearingimpaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for this proceeding may be viewed on the sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:53 Jun 30, 2017 Jkt 241001 Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On February 21, 1995, the Department of Commerce issued antidumping duty orders on imports of stainless steel bar from Brazil, India, and Japan (60 FR 9661). On March 2, 1995, the Department of Commerce issued an antidumping duty order on imports of stainless steel bar from Spain (60 FR 11656). Following first five-year reviews by Commerce and the Commission, effective April 18, 2001, Commerce issued a continuation of the antidumping duty orders on imports of stainless steel bar from Brazil, India, Japan, and Spain (66 FR 19919). Following second five-year reviews by Commerce and the Commission, effective January 23, 2007, Commerce issued a continuation of the antidumping duty orders on imports of stainless steel bar from Brazil, India, Japan, and Spain (72 FR 2858). Following the third five-year reviews by Commerce and the Commission, effective August 9, 2012, Commerce issued a continuation of the antidumping duty orders on imports of stainless steel bar from Brazil, India, Japan, and Spain (77 FR 47595). The Commission is now conducting fourth five-year reviews pursuant to section 751(c) of the Act, as amended (19 U.S.C. 1675(c)), to determine whether revocation of the orders would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. Provisions concerning the conduct of this proceeding may be found in the Commission’s Rules of Practice and Procedure at 19 CFR parts 201, subparts A and B and 19 CFR part 207, subparts A and F. The Commission will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct full or expedited reviews. The Commission’s determinations in expedited reviews will be based on the facts available, which may include information provided in response to this notice. Definitions.—The following definitions apply to these reviews: (1) Subject Merchandise is the class or kind of merchandise that is within the scope of the five-year reviews, as defined by the Department of Commerce. (2) The Subject Countries in these reviews are Brazil, India, Japan, and Spain. (3) The Domestic Like Product is the domestically produced product or products which are like, or in the absence of like, most similar in PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 30905 characteristics and uses with, the Subject Merchandise. In its original determinations, its full first and second five-year review determinations, and its expedited third five-year review determinations, the Commission defined the Domestic Like Product as all stainless steel bar coextensive with Commerce’s scope. One Commissioner defined the Domestic Like Product differently in the original determinations. (4) The Domestic Industry is the U.S. producers as a whole of the Domestic Like Product, or those producers whose collective output of the Domestic Like Product constitutes a major proportion of the total domestic production of the product. In its original determinations, its full first and second five-year review determinations, and its expedited third five-year review determinations, the Commission defined the Domestic Industry as domestic producers of stainless steel bar. One Commissioner defined the Domestic Industry differently in the original determinations. (5) An Importer is any person or firm engaged, either directly or through a parent company or subsidiary, in importing the Subject Merchandise into the United States from a foreign manufacturer or through its selling agent. Participation in the proceeding and public service list.—Persons, including industrial users of the Subject Merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the proceeding as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11(b)(4) of the Commission’s rules, no later than 21 days after publication of this notice in the Federal Register. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the proceeding. Former Commission employees who are seeking to appear in Commission five-year reviews are advised that they may appear in a review even if they participated personally and substantially in the corresponding underlying original investigation or an earlier review of the same underlying investigation. The Commission’s designated agency ethics official has advised that a five-year review is not the same particular matter as the underlying original investigation, and a five-year review is not the same particular matter as an earlier review of the same underlying investigation for purposes of 18 U.S.C. 207, the post employment E:\FR\FM\03JYN1.SGM 03JYN1

Agencies

[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Pages 30902-30905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13711]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-442 and 731-TA-1095-1096 (Second Review)]


Certain Lined Paper School Supplies From China and India; 
Institution of Five-Year Reviews

AGENCY: United States International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Commission hereby gives notice that it has instituted 
reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended, 
to determine whether revocation of the countervailing duty order on 
certain lined paper school supplies from India and the antidumping duty 
orders on certain lined paper school supplies from China and India 
would be likely to lead to continuation or recurrence of material 
injury. Pursuant to the Act, interested parties are requested to 
respond to this notice by submitting the information specified below to 
the Commission.

DATES: Effective July 3, 2017. To be assured of consideration, the 
deadline for responses is August 2, 2017. Comments on the adequacy of 
responses may be filed with the Commission by September 14, 2017.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its internet server 
(https://www.usitc.gov). The public record for this proceeding may be 
viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--On September 28, 2006, the Department of Commerce 
(``Commerce'') issued a countervailing duty order on certain lined 
paper school supplies from India and antidumping duty orders on certain 
lined paper school supplies from China and India (71 FR 56949). On 
April 14, 2011, Commerce amended in part the antidumping duty order on 
subject imports from India (76 FR 20954). Following the first five-year 
reviews by Commerce and the Commission, effective August 31, 2012, 
Commerce issued a continuation of the countervailing duty order on 
imports of certain lined paper school supplies from India and the 
antidumping duty orders on imports of certain lined paper school 
supplies from China and India (77 FR 53172). The Commission is now 
conducting second five-year reviews pursuant to section 751(c) of the 
Act, as amended (19 U.S.C. 1675(c)), to determine whether revocation of 
the orders would be likely to lead to continuation or recurrence of 
material injury to the domestic industry within a reasonably 
foreseeable time. Provisions concerning the conduct of this proceeding 
may be found in the Commission's Rules of Practice and Procedure at 19 
CFR parts 201, subparts A and B and 19 CFR part 207, subparts A and F. 
The Commission will assess the adequacy of interested party responses 
to this notice of institution to determine whether to conduct full or 
expedited reviews. The Commission's determinations in any expedited 
reviews will be based on the facts available, which may include 
information provided in response to this notice.
    Definitions.--The following definitions apply to these reviews:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year reviews, as defined by Commerce.
    (2) The Subject Countries in these reviews are China and India.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determinations and its full first five-year reviews, the Commission 
found one Domestic Like Product consisting of all lined paper products, 
regardless of dimension.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determinations and 
full first five-year reviews, the Commission found one Domestic 
Industry consisting of all domestic producers of lined paper products. 
The Commission also found during the original investigations that 
circumstances were appropriate to exclude two domestic producers, 
American Scholar and CPP, from the Domestic Industry under the related 
parties provision. In the full first five-year reviews, the Commission 
found

[[Page 30903]]

that appropriate circumstances did not exist to exclude any of the 
related party producers from the Domestic Industry.
    (5) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.
    Participation in the proceeding and public service list.--Persons, 
including industrial users of the Subject Merchandise and, if the 
merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the proceeding as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11(b)(4) of the Commission's rules, no later 
than 21 days after publication of this notice in the Federal Register. 
The Secretary will maintain a public service list containing the names 
and addresses of all persons, or their representatives, who are parties 
to the proceeding.
    Former Commission employees who are seeking to appear in Commission 
five-year reviews are advised that they may appear in a review even if 
they participated personally and substantially in the corresponding 
underlying original investigation or an earlier review of the same 
underlying investigation. The Commission's designated agency ethics 
official has advised that a five-year review is not the same particular 
matter as the underlying original investigation, and a five-year review 
is not the same particular matter as an earlier review of the same 
underlying investigation for purposes of 18 U.S.C. 207, the post 
employment statute for Federal employees, and Commission rule 201.15(b) 
(19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5, 
2008). Consequently, former employees are not required to seek 
Commission approval to appear in a review under Commission rule 19 CFR 
201.15, even if the corresponding underlying original investigation or 
an earlier review of the same underlying investigation was pending when 
they were Commission employees. For further ethics advice on this 
matter, contact Charles Smith, Deputy Agency Ethics Official, at 202-
205-3408.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and APO service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI submitted in this proceeding available to authorized 
applicants under the APO issued in the proceeding, provided that the 
application is made no later than 21 days after publication of this 
notice in the Federal Register. Authorized applicants must represent 
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to 
the proceeding. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Certification.--Pursuant to section 207.3 of the Commission's 
rules, any person submitting information to the Commission in 
connection with this proceeding must certify that the information is 
accurate and complete to the best of the submitter's knowledge. In 
making the certification, the submitter will acknowledge that 
information submitted in response to this request for information and 
throughout this proceeding or other proceeding may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel, solely for cybersecurity 
purposes. All contract personnel will sign appropriate nondisclosure 
agreements.
    Written submissions.--Pursuant to section 207.61 of the 
Commission's rules, each interested party response to this notice must 
provide the information specified below. The deadline for filing such 
responses is August 2, 2017. Pursuant to section 207.62(b) of the 
Commission's rules, eligible parties (as specified in Commission rule 
207.62(b)(1)) may also file comments concerning the adequacy of 
responses to the notice of institution and whether the Commission 
should conduct expedited or full reviews. The deadline for filing such 
comments is September 14, 2017. All written submissions must conform 
with the provisions of section 201.8 of the Commission's rules; any 
submissions that contain BPI must also conform with the requirements of 
sections 201.6, 207.3, and 207.7 of the Commission's rules. The 
Commission's Handbook on E-Filing, available on the Commission's Web 
site at https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf, elaborates upon the Commission's 
rules with respect to electronic filing. Also, in accordance with 
sections 201.16(c) and 207.3 of the Commission's rules, each document 
filed by a party to the proceeding must be served on all other parties 
to the proceeding (as identified by either the public or APO service 
list as appropriate), and a certificate of service must accompany the 
document (if you are not a party to the proceeding you do not need to 
serve your response).
    No response to this request for information is required if a 
currently valid Office of Management and Budget (``OMB'') number is not 
displayed; the OMB number is 3117 0016/USITC No. 17-5-392, expiration 
date June 30, 2020. Public reporting burden for the request is 
estimated to average 15 hours per response. Please send comments 
regarding the accuracy of this burden estimate to the Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436.
    Inability to provide requested information.--Pursuant to section 
207.61(c) of the Commission's rules, any interested party that cannot 
furnish the information requested by this notice in the requested form 
and manner shall notify the Commission at the earliest possible time, 
provide a full explanation of why it cannot provide the requested 
information, and indicate alternative forms in which it can provide 
equivalent information. If an interested party does not provide this 
notification (or the Commission finds the explanation provided in the 
notification inadequate) and fails to provide a complete response to 
this notice, the Commission may take an adverse inference against the 
party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in 
making its determinations in the reviews.
    Information To Be Provided in Response to This Notice of 
Institution: If you are a domestic producer, union/worker group, or 
trade/business association; import/export Subject Merchandise from more 
than one Subject Country; or produce Subject Merchandise in more than 
one Subject Country, you may file a single response. If you do so, 
please ensure that your response to each question includes the 
information requested for each pertinent Subject Country. As used 
below, the term ``firm'' includes any related firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address) and name, telephone number, fax number, and Email 
address of the certifying official.
    (2) A statement indicating whether your firm/entity is an 
interested party under 19 U.S.C. 1677(9) and if so, how, including 
whether your firm/entity is a U.S. producer of the Domestic Like 
Product, a U.S. union or worker group, a U.S. importer of the Subject 
Merchandise, a foreign producer or

[[Page 30904]]

exporter of the Subject Merchandise, a U.S. or foreign trade or 
business association (a majority of whose members are interested 
parties under the statute), or another interested party (including an 
explanation). If you are a union/worker group or trade/business 
association, identify the firms in which your workers are employed or 
which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in this proceeding by providing information requested by 
the Commission.
    (4) A statement of the likely effects of the revocation of the 
antidumping and countervailing duty orders on the Domestic Industry in 
general and/or your firm/entity specifically. In your response, please 
discuss the various factors specified in section 752(a) of the Act (19 
U.S.C. 1675a(a)) including the likely volume of subject imports, likely 
price effects of subject imports, and likely impact of imports of 
Subject Merchandise on the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in 
each Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries after 2011.
    (7) A list of 3-5 leading purchasers in the U.S. market for the 
Domestic Like Product and the Subject Merchandise (including street 
address, World Wide Web address, and the name, telephone number, fax 
number, and Email address of a responsible official at each firm).
    (8) A list of known sources of information on national or regional 
prices for the Domestic Like Product or the Subject Merchandise in the 
U.S. or other markets.
    (9) If you are a U.S. producer of the Domestic Like Product, 
provide the following information on your firm's operations on that 
product during calendar year 2016, except as noted (report quantity 
data in pieces and value data in U.S. dollars, f.o.b. plant). If you 
are a union/worker group or trade/business association, provide the 
information, on an aggregate basis, for the firms in which your workers 
are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) capacity (quantity) of your firm to produce the Domestic Like 
Product (that is, the level of production that your establishment(s) 
could reasonably have expected to attain during the year, assuming 
normal operating conditions (using equipment and machinery in place and 
ready to operate), normal operating levels (hours per week/weeks per 
year), time for downtime, maintenance, repair, and cleanup, and a 
typical or representative product mix);
    (c) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and
    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently completed fiscal year (identify the date on which your fiscal 
year ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from any Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2016 (report quantity data in pieces and 
value data in U.S. dollars). If you are a trade/business association, 
provide the information, on an aggregate basis, for the firms which are 
members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping or countervailing duties) of U.S. imports and, if known, an 
estimate of the percentage of total U.S. imports of Subject Merchandise 
from each Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. commercial shipments of Subject 
Merchandise imported from each Subject Country; and
    (c) The quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. internal consumption/company 
transfers of Subject Merchandise imported from each Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in any 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 2016 (report quantity 
data in pieces and value data in U.S. dollars, landed and duty-paid at 
the U.S. port but not including antidumping or countervailing duties). 
If you are a trade/business association, provide the information, on an 
aggregate basis, for the firms which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in each Subject 
Country accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in each Subject Country (that is, the level of production 
that your establishment(s) could reasonably have expected to attain 
during the year, assuming normal operating conditions (using equipment 
and machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix); and
    (c) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from each Subject Country accounted for by your firm's(s') exports.
    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in each Subject Country after 2011, and significant 
changes, if any, that are likely to occur within a reasonably 
foreseeable time. Supply conditions to consider include technology; 
production methods; development efforts; ability to increase production 
(including the shift of production facilities used for other products 
and the use, cost, or availability of major inputs into production); 
and factors related to the ability to shift supply among different 
national markets (including barriers to importation in foreign markets 
or changes in market demand abroad). Demand conditions to consider 
include end uses and applications; the existence and availability of 
substitute products; and the level of competition among the Domestic 
Like Product produced in the United States, Subject Merchandise 
produced in each Subject Country, and such merchandise from other 
countries.
    (13) (OPTIONAL) A statement of whether you agree with the above

[[Page 30905]]

definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

    Authority:  This proceeding is being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.61 of the Commission's rules.

    By order of the Commission.

    Issued: June 26, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-13711 Filed 6-30-17; 8:45 am]
 BILLING CODE 7020-02-P
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