Notice of Final Determination of Sales at Less Than Fair Value, and Affirmative Critical Circumstances, In Part: Certain Lined Paper Products From the People's Republic of China, 53079-53086 [06-7538]

Download as PDF Federal Register / Vol. 71, No. 174 / Friday, September 8, 2006 / Notices page, FSIS is able to provide information to a much broader and more diverse audience. In addition, FSIS offers an e-mail subscription service which provides automatic and customized access to selected food safety news and information. This service is available at http://www.fsis.usda.gov/ news_and_events/email_subscription/. Options range from recalls to export information to regulations, directives and notices. Customers can add or delete subscriptions themselves and have the option to password protect their account. Done at Washington, DC on September 6, 2006. Barbara J. Masters, Administrator. [FR Doc. 06–7563 Filed 9–6–06; 11:26 am] BILLING CODE 3410–DM–P Forest Service Glenn/Colusa County Resource Advisory Committee Forest Service, USDA. Notice of meeting. AGENCY: sroberts on PROD1PC70 with NOTICES SUMMARY: The Glenn/Colusa County Resource Advisory Committee (RAC) will meet in Willows, California. Agenda items to be covered include: (1) Introductions, (2) Approval of Minutes, (3) Public Comments, (4) Project Proposal/Possible Action, (5) General Discussion (6) Plan Schedule for the Next Year, (7) Next agenda. DATES: The meeting will be held on September 18, 2006, from 1:30 p.m. and end at approximately 4:30 p.m. ADDRESSES: The meeting will be held at Mendocino National Forest Supervisor’s Office, 825 N. Humboldt Ave., Willows, CA 95988. Individuals wishing to speak or purpose agenda items must send their names and proposals to Tricia Christofferson, Acting DFO, 825 N. Humboldt Ave., Willows, CA 95988. FOR FURTHER INFORMATION CONTACT: Bobbin Gaddini, Committee Coordinator, USDA, Mendocino National Forest, Grindstone Ranger District, 825 N. Humboldt Ave., Willows, CA 95988. (530) 934–1268; email ggaddin@fs.fed.us. SUPPLEMENTARY INFORMATION: The meeting is open to the public. Committee discussion is limited to Forest Service staff and Committee members. However, persons who wish to bring matters to the attention of the Committee may file written statements VerDate Aug<31>2005 19:38 Sep 07, 2006 Jkt 208001 Dated: August 31, 2006. Paul Montgomery, Acting Designated Federal Official. [FR Doc. 06–7494 Filed 9–7–06; 8:45 am] BILLING CODE 3410–11–M DEPARTMENT OF COMMERCE International Trade Administration [A–570–901] Notice of Final Determination of Sales at Less Than Fair Value, and Affirmative Critical Circumstances, In Part: Certain Lined Paper Products From the People’s Republic of China Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: September 8, 2006. SUMMARY: We determine that imports of certain lined paper products (‘‘CLPP’’) from the People’s Republic of China (‘‘PRC’’) are being, or are likely to be, sold in the United States at less than fair value (‘‘LTFV’’), as provided in section 735 of the Tariff Act of 1930, as amended (’’the Act’’). The estimated margins of sales at LTFV are shown in the ‘‘Final Determination’’ section of this notice. Moreover, we determine that critical circumstances exist with regard to certain imports of CLPP from the PRC. See the ‘‘Critical Circumstances’’ section below. FOR FURTHER INFORMATION CONTACT: Marin Weaver or Frances Veith, AD/ CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–2336 or 482–4295, respectively. SUPPLEMENTARY INFORMATION: AGENCY: DEPARTMENT OF AGRICULTURE ACTION: with the Committee staff before or after the meeting. Public input sessions will be provided and individuals who made written requests by September 15, 2006 will have the opportunity to address the committee at those sessions. Case History On April 17, 2006, the Department published in the Federal Register (‘‘FR’’) the preliminary determination that CLPP from the PRC are being, or are likely to be, sold in the United States at LTFV, as provided in section 733 of the Act, covering three exporters and producers as mandatory respondents 1 1 (1) Watanabe Paper Product (Shanghai) Co., Ltd. (‘‘Watanabe Shanghai’’); Hotrock Stationery (Shenzhen) Co. (‘‘Watanabe Shenzhen’’); and PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 53079 and 27 separate-rate respondents.2 See Preliminary Determination of Sales at Less Than Fair Value, Affirmative Critical Circumstances, In Part, and Postponement of Final Determination: Certain Lined Paper Products from the People’s Republic of China. 71 FR 16965 (April 17, 2006) (‘‘Preliminary Determination’’). Since the publication of the Preliminary Determination the following events have occurred. On April 13, 2006, we sent a separaterate verification agenda to separate-rate applicants, Planet International. On April 18, 2006, Planet International notified the Department of its withdrawal from the verification. On May 4, 2006, we sent a separate-rate verification agenda to a separate-rate applicant, Lansheng, and on May 8, 2006, it notified the Department of its withdrawal from the verification. From May 8 through 18, 2006, the Department conducted a sales verification of Lian Li and a factors verification of its unaffiliated producers Shanghai Sentian Paper Products Co., Ltd. (‘‘Sentian’’), Watanabe Paper Product (Linqing) Co., Ltd. (‘‘Watanabe Linqing’’), collectively (the ‘‘Watanabe Group’’); (2) Atico International (HK) Ltd. & Atico Overseas Ltd. (collectively ‘‘Atico’’); and (3) Shanghai Lian Li Paper Products Co., Ltd. (‘‘Lian Li’’). On January 26, 2006, Atico submitted a letter informing the Department that it was unable to participate further in this investigation. As in the Preliminary Determination, we find that Atico does not merit a separate rate and will be subject to the PRC-wide entity. See The PRC-Wide Rate and Use of Adverse Facts Available section for further discussion. 2 Anhui Light Industries International Co., Ltd. (‘‘Anhui Light’’), Changshu Changjiang Printing Co., Ltd. (‘‘Changjiang’’), Chinapack Ningbo Paper Products Co., Ltd. (‘‘Chinapack’’), Dongguan Yizhi Gao Paper Products Ltd. (‘‘Yizhi Gao’’), Essential Industries Limited (‘‘Essential’’), Fujian Hengda Group Co., Ltd. (‘‘Hengda’’), Haijing Stationery (Shanghai) Co., Ltd. (‘‘Haijing’’), Excel Sheen Limited (‘‘Excel’’), Maxleaf Stationary Ltd. (‘‘Maxleaf ’’), Jiaxing Te Gao Te Paper Products Co., Ltd. (‘‘Te Gao Te’’), Linqing Silver Star Paper Products Co., Ltd. (‘‘Linqing Silver’’), MGA Entertainment (H.K.) Limited (‘‘MGA’’), Ningbo Guangbo Imports and Exports Co. Ltd. (‘‘Ningbo’’), Orient International Holding Shanghai Foreign Trade Co., Ltd. (‘‘Orient’’), Paperline Limited (‘‘Paperline’’), Planet (Hong Kong) International Company Ltd. (‘‘Planet HK’’), Planet International Company Ltd. (‘‘Planet’’), Shanghai Pudong Wenbao Paper Products Factory (‘‘Wenbao Paper’’), Shanghai Foreign Trade Enterprise Co., Ltd. (‘‘SFTE’’), Sunshine International Group (HK) Ltd. (‘‘Sunshine’’), Suzhou Industrial Park Asia Pacific Paper Converting Co., Ltd. (‘‘Suzhou’’), Suzhou Industrial Park You-You Trading Co., Ltd. (‘‘You You Trading’’), Wah Kin Stationery and Paper Product Limited (‘‘Wah Kin’’), and Yalong Paper Products (Kunshan) Co., Ltd. (‘‘Yalong’’), Shanghai Lansheng Stationery & Sporting Goods Import & Export Co., Ltd. (‘‘Lansheng’’), Yantai License Printing & Making Co., Ltd. (‘‘Yantai’’), You-You Paper Products (Suzhou) Co., Ltd. (‘‘You-You’’), Paperline Limited (‘‘Paperline’’), and Shanghai Pudong Wenbao Paper Products Factory (‘‘Wenbao Paper’’). Also, Paperline and Wenbao Paper are collectively known as (‘‘Wenbao’’) and Planet and Planet Hong Kong are collectively known as (‘‘Planet International’’). E:\FR\FM\08SEN1.SGM 08SEN1 53080 Federal Register / Vol. 71, No. 174 / Friday, September 8, 2006 / Notices and Shanghai Miaopanfang Paper Products Co., Ltd. (‘‘MPF’’). From May 29 through June 9, 2006, the Department conducted a sales and factors verification of Watanabe Linqing and Watanabe Shenzhen. See ‘‘Verification’’ Section below for additional information. On June 1, 2006, the Department published in the FR the notice of amended preliminary determination to correct a ministerial error discovered with respect to the antidumping duty margin calculation for Lian Li, which also affected all companies for which the Department granted separate-rate status. We also preliminarily granted separate-rate status for You-You. See Notice of Amended Preliminary Determination of Sales at Less than Fair Value: Certain Lined Paper Products from the People’s Republic of China, 71 FR 31159 (June 1, 2006) (‘‘Amended Preliminary Determination’’). On June 13, 2006, Watanabe, Lian Li, and Petitioner 3 filed surrogate value information. On June 23, 2006, Petitioner filed a rebuttal surrogate value submission. We invited parties to comment on our Preliminary Determination and verification reports. Case briefs were filed with the Department on July 28, 2006, by Excel, a separate-rate respondent; on July 31, 2006, by the Watanabe Group, Lian Li, and by separate-rate respondents MGA, Maxleaf, Te Gao Te, and Wenbao; and on August 1, 2006, by Petitioner.4 On August 7, 2006, Watanabe and Lian Li filed rebuttal briefs responding to issues raised in the case briefs. On August 8, 2006, Petitioner filed a rebuttal brief.5 On August 9, 2006, we rejected Petitioner’s rebuttal brief because it contained argument that did not constitute a rebuttal. (On August 10, 2006, Petitioner timely refiled its redacted rebuttal brief.) On August 9, 2006, Petitioner filed a rebuttal brief commenting only on issues raised in Maxleaf’s brief.6 sroberts on PROD1PC70 with NOTICES Period of Investigation The period of investigation is January 1, 2005, through June 30, 2005. 3 The Association of American School Paper Suppliers and its individual members (MeadWestvaco Corporation; Norcom, Inc.; and Top Flight, Inc.). 4 This case brief was timely because one copy was originally filed on July 31, 2006, as ‘‘bracketing not final.’’ 5 This rebuttal brief was timely because one copy was originally filed on August 7, 2006, as ‘‘bracketing not final.’’ 6 On August 4, 2006, we extended the time in which to file rebuttal to the briefs filed by Maxleaf and MGA due to a delay in the receipt of these briefs by the other parties. VerDate Aug<31>2005 19:38 Sep 07, 2006 Jkt 208001 Non-Market Economy Status of the PRC On December 22, 2005, the Watanabe Group submitted a request that the Department reevaluate the PRC’s status as a non-market economy (NME) country under the U.S. antidumping law. On February 2, 2006, the Department received a submission from the PRC Ministry of Commerce (‘‘MOFCOM’’) expressing support for the Watanabe Group’s request. The Department has treated the PRC as an NME country in all past antidumping duty investigations and administrative reviews. See, e g., Notice of Final Determination of Sales at Less Than Fair Value and Final Partial Affirmative Determination of Critical Circumstances: Diamond Sawblades and Parts Thereof from the People’s Republic of China, 71 FR 29303 (May 22, 2006); Notice of Final Determination of Sales at Less Than Fair Value: Certain Artist Canvas from the People’s Republic of China, 71 FR 16116 (March 30, 2006); and Notice of Final Determination of Sales at Less Than Fair Value: Chlorinated Isocyanurates From the People’s Republic of China, 70 FR 24502 (May 10, 2005). A designation as an NME country remains in effect until it is revoked by the Department. See section 771(18)(C)(i) of the Act. The Department issued a memorandum to the file on May 15, 2006, determining that the Department shall continue to treat the PRC as an NME for purposes of the U.S. antidumping law. In the May 15 memorandum, the Department focused mainly on distortions in the banking sector. However, the Department also stated in that memorandum that it would issue a follow-up analysis concerning all six statutory factors that govern NME-country designation. Accordingly, the Department issued a memorandum to the file on August 30, 2006, providing the full underlying analysis of the May 15 decision to continue the PRC’s NME designation. Scope of Investigation 7 The scope of this investigation includes certain lined paper products, typically school supplies,8 composed of or including paper that incorporates straight horizontal and/or vertical lines 7 The Department has received several requests for scope clarifications from SchoolMax LLC, GEM Group Incorporated, Avenues in Leather, Inc., and ACCO Brands Corporation. The department has not addressed these requests in this final determination. However, the Department will consider the issues raised in these requests as scope requests in the event this proceeding goes to order. 8 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. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 on ten or more paper sheets,9 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 83⁄4 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 petition 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 investigation 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; 9 There shall be no minimum page requirement for looseleaf filler paper. E:\FR\FM\08SEN1.SGM 08SEN1 Federal Register / Vol. 71, No. 174 / Friday, September 8, 2006 / Notices sroberts on PROD1PC70 with NOTICES • 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: preprinted 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,10 measuring 6 inches by 9 inches; Also excluded from the scope of this investigation 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 11 • 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 speciallydeveloped 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.12 • FiveStarAdvanceTM: A notebook or notebook organizer bound by a 10 ‘‘Gregg ruling’’ consists of a single- or doublemargin 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. 11 Products found to be bearing an invalidly licensed or used trademark are not excluded from the scope. 12 Products found to be bearing an invalidly licensed or used trademark are not excluded from the scope. VerDate Aug<31>2005 19:38 Sep 07, 2006 Jkt 208001 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 .019 inches (within normal manufacturing tolerances) and rear cover is .028 inches (within normal manufacturing tolerances). Integral with the stitching that attaches the polyester spine covering, is caputred both ends of a 1″ wide elastic fabric band. This band is located 23⁄8″ 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.13 • 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 .019 inches (within normal manufacturing tolerances) and rear cover is .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 13 Products found to be bearing an invalidly licensed or used trademark are not excluded from the scope. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 53081 positioned on the outside back cover. The product must bear the valid trademark FiveStar FlexTM.14 Merchandise subject to this proceeding is typically imported under headings 4810.22.5044, 4811.90.9090, 4820.10.2010, 4820.10.2020, 4820.10.2050, and 4820.10.4000 of the Harmonized Tariff Schedule of the United States (HTSUS).15 The tariff classifications are provided for convenience and customs purposes; however, the written description of the scope of the proceeding is dispositive. Verification As provided in section 782(i) of the Act, we verified the information submitted by two mandatory respondents: The Watanabe Group and Lian Li and two of Lian Li’s suppliers, Sentian and MPF, for use in our final determination. See the Department’s verification reports on the record of this investigation in the Central Records Unit (‘‘CRU’’), Room B–099 of the main Commerce Department building. For all verified companies, we used standard verification procedures, including examination of relevant accounting and production records, as well as original source documents provided by respondents. Analysis of Comments Received All issues raised in the postpreliminary comments by parties in this investigation are addressed in the Issues and Decision Memorandum, dated August 30, 2006 (‘‘Issues and Decision Memo’’), which is hereby adopted by this notice. A list of the issues which parties raised and to which we respond in the Issues and Decision Memo is attached to this notice as an Appendix. The Issues and Decision Memo is a public document which is on file in CRU in room B–099 in the main Department building, and is accessible on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the memorandum are identical in content. Critical Circumstances On November 29, 2005, Petitioner alleged that there was a reasonable basis to believe or suspect critical circumstances existed with respect to the antidumping investigation of CLPP from the PRC. In the Preliminary Determination, the Department found that critical circumstances existed for imports of CLPP from Changjiang, 14 Products found to be bearing an invalidly licensed or used trademark are not excluded from the scope. 15 During the investigation additional HTSUS headings were identified. E:\FR\FM\08SEN1.SGM 08SEN1 sroberts on PROD1PC70 with NOTICES 53082 Federal Register / Vol. 71, No. 174 / Friday, September 8, 2006 / Notices Hengda, Linqing Silver, SFTE, Wenbao Paper, Paperline, Wah Kin, and the PRC-wide entity. In addition, we found that critical circumstances did not exist for Anhui Light, Chinapack, Essential Industries Limited, Excel, Haijing, Te Gao Te, Lian Li, MGA, Ningbo, Orient, Planet International, Sunshine, Suzhou, You-You Trading, the Watanabe Group, and Yalong. See Memorandum to Stephen Claeys from Juanita Chen through Robert Bolling and Wendy Frankel: Lined Paper Products from the People’s Republic of China: Preliminary Determination of Critical Circumstances, dated April 7, 2006 (‘‘Prelim Critical Circumstances Memo’’). Section 735(a)(3) of the Act provides that if the final determination of the Department is affirmative, then that fmding shall also include a finding of whether: (A)(i) There is a history of dumping and material injury by reason of dumped imports in the United States or elsewhere of the subject merchandise; or (ii) the person by whom, or for whose account, the merchandise was imported knew or should have known that the exporter was selling the subject merchandise at less than its fair value and that there would be material injury by reason of such sales; and (B) There have been massive imports of the subject merchandise over a relatively short period. Section 351.206(h)(1) of the Department’s regulations provides that, in determining whether imports of the subject merchandise have been ‘‘massive,’’ the Department normally will examine: (i) The volume and value of the imports; (ii) seasonal trends; and (iii) the share of domestic consumption accounted for by the imports. In addition, section 351.206(h)(2) of the Department’s regulations provides that in general, an increase in imports of at least 15 percent during the ‘‘relatively short period’’ over the imports during an immediately preceding period of comparable duration may be considered ‘‘massive.’’ Based on the changes made to both the comparison and base periods and as discussed further in the Issues and Decision Memo at Comment 26, the Department has re-examined its preliminary critical circumstances finding. For the final determination, we find critical circumstances exist for Changjiang, Hengda, Linqing Silver, SFTE, Wah Kin, Maxleaf, MGA, Yantai, and the PRC-wide entity. In addition, we find critical circumstances do not exist for Anhui Light, Chinapack, Essential, Excel, Haijing, Te Gao Te, Lian Li, Ningbo, Orient, Sunshine, Suzhou, You-You Trading, the Watanabe Group, Yalong, You-You, VerDate Aug<31>2005 19:38 Sep 07, 2006 Jkt 208001 Wenbao Paper, and Paperline. See Memorandum to Stephen J. Claeys, Deputy Assistant Secretary, through Wendy J. Frankel, Office Director, from Charles Riggle, Program Manager: Lined Paper Products from the People’s Republic of China: Final Determination of Critical Circumstances, dated August 30, 2006. Surrogate Country In the Preliminary Determination, we stated that we had selected India as the appropriate surrogate country to use in this investigation for the following reasons: (A) India is at a level of economic development comparable to that of the PRC, and (B) India is a significant producer of comparable merchandise. Furthermore, we have reliable data from India that we can use to value the factors of production. See Preliminary Determination at 19699, 19700. For the final determination, we made no changes to our findings with respect to the selection of a surrogate country. Affiliation In the Preliminary Determination, based on the evidence on the record, we preliminarily found that members of the Watanabe Group are affiliated pursuant to section 771(33) of the Act. We are also treating them as a single entity for purposes of this investigation. See Memorandum to Wendy Frankel, Director, from Charles Riggle, Program Manager: Antidumping Duty Investigation of Certain Lined Paper Products from the People’s Republic of China: Affiliation and Treatment of the Watanabe Group as a Single Entity, dated April 7, 2006. Since the Preliminary Determination, the Department has found no information that would rebut this determination. Therefore, the Department continues to find that members of the Watanabe Group are affiliated, pursuant to section 771(33) of the Act, for this final determination. Separate Rates Since the Preliminary Determination and the Amended Preliminary Determination, the Department has received additional information from Yantai, Maxleaf, and Excel, allowing the Department to determine these companies’ eligibility for separate-rate status. Therefore, for purposes of this final determination, the Department is granting separate-rate status to the following companies: the Watanabe Group, Lian Li, Anhui Light, Changjiang, Chinapack, Essential, Excel, Hengda, Haijing, Te Gao Te, Linqing Silver, Maxleaf, MGA, Ningbo, Orient, PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Paperline, Wenbao Paper, SFTE, Sunshine, Suzhou, You-You, You-You Trading, Wah Kin, Yalong, and Yantai. In addition, the Department attempted to conduct verifications of two separaterate applicants, (i) Lansheng and (ii) Planet International,16 both of whom withdrew from participating in verification.17. For further discussion of these changes in separate rates, see Final Determination Separate Rates Memorandum: Certain Lined Paper Products from the People’s Republic of China, dated August 30, 2006. Because we begin with the presumption that all companies within an NME country are subject to government control and because only the companies listed under the ‘‘Final Determination Margins’’ section below have overcome that presumption, we are applying a single antidumping rate—the PRC-wide rate—to all other exporters of subject merchandise from the PRC. Such companies did not demonstrate entitlement to a separate rate. See, e.g., Final Determination of Sales at Less Than Fair Value: Synthetic Indigo from the People’s Republic of China, 65 FR 25706 (May 3, 2000). The PRC-wide rate applies to all entries of subject merchandise except for entries from the respondents which are listed in the ‘‘Final Determination Margins’’ section below (except as noted). Changes Since the Preliminary Determination We have made the following changes since the Preliminary Determination: Changes That Affect Both the Watanbe Group and Lian Li • Where we used domestic prices as surrogate values we based freight for inputs on the actual distance from the input supplier to the site at which the input was used. See Issues and Decision Memo at Comment 2. • We have used the year-ended March 31, 2005, financial statements of Sundaram Multi Pap Ltd. and Shiv Ganga Paper Converters Pvt. Ltd. to value factory overhead, selling, general and administrative expenses, and profit. See Issues and Decision Memo at Comment 1. Changes for the Watanabe Group • Based on the information in Watanabe Linqing’s minor corrections at verification, we have recalculated tbe 16 The Department sent a verification agenda to Planet International. 17 Therefore, neither of these entities has demonstrated its eligibility for separate-rate status. Accordingly, Lansheng and Planet International will be considered part of the PRC-wide entity for purposes of this final determination. E:\FR\FM\08SEN1.SGM 08SEN1 Federal Register / Vol. 71, No. 174 / Friday, September 8, 2006 / Notices sroberts on PROD1PC70 with NOTICES zinc wire usage rates for the necessary control numbers (‘‘CONNUM’’s) and valued this input with Indian Harmonized Tarrif Schedule number 7217.20.00.18 See the Watanabe Group’s May 31,2006, submission (‘‘Watanabe Linqing Minor Corrections’’). • We determined that Watanabe Linqing had unreported U.S. sales. See Decision Memo at Comment 8. We have assigned as adverse facts available (‘‘AFA’’) to the Watanabe Group the initiation rate of 258.21 percent for those unreported sales. • Based on verification findings, we are not granting the Watanabe Group a by-product offset. See Issues and Decision Memo at Comment 11. • In their verification minor corrections, both Watanabe Shenzhen and Watanabe Linqing identified certain observations for which they had misreported shipment dates. See Watanabe Linqing Minor Corrections and the Watanabe Group’s June 7, 2006, submission containing Watanabe Shenzhen’s minor corrections. During the course of verification, the Department identified additional observations for which shipment date and/or payment date had been misreported. See Memorandum to the File Re: Verification of the Sales and Factors Response of Watanabe Paper Product (Linqing) Co., Ltd. in the Antidumping Investigation of Certain Lined Paper from the People’s Republic of China (‘‘Watanabe Linqing Verification Report’’) (July 21, 2006) and Memoradum to the File Re: Verification of the Sales and Factors Response of Hotrock Stationery (Shenzhen) Co., Ltd. in the Antidumping Duty Investigation of Certain Lined Paper Products from the People’s Republic of China (‘‘Watanabe Shenzhen Verification Report’’) (July 21, 2006). We have corrected these dates for the final results. • During the course of the Watanabe Shenzhen verification we found that a billing adjustment (‘‘BILLADJU’’) was misreported and we have corrected this for this final determination. See Watanabe Shenzhen Verification Report at 19. • In the Watanabe Linqing Minor Corrections, Watanabe Linqing stated that it had misreported indirect labor (‘‘INDLAB’’) hours for January. This affected one matching CONNUM which 18 This surrogate value was used at the Preliminary Determination to value Lian Li’s zinc wire. See memorandum to Wendy J. Frankel Re: Preliminary Determination of the Investigation of Certain Lined Paper Products from the People’s Republic of China: Factors-of-Production Valuation for Preliminary Determination (April 7, 2006). VerDate Aug<31>2005 19:38 Sep 07, 2006 Jkt 208001 we have corrected for this final determination. Changes for Lian Li • We used the Indian domestic purchase prices for creamwove paper from Indian Printer and Publisher (‘‘IPP’’) to calculate a simple average ofthe available POI IPP prices reflecting the GSM weights reported by Lian Li to value Lian Li’s insert paper. See Issues and Decision Memo at Comment 4. • For Lian Li’s white paperboard, white/white paperboard, and grey/white board, we used the IPP paperboard price data to calculate a simple average of the available POI IPP prices reflecting the GSM weights used by Lian Li in its production of in-scope merchandise. See Issues and Decision Memo at Comment 4. • We used the Indian domestic purchase prices for creamwove paper from IPP to calculate a simple average of the available POI IPP prices which reflect the GSM weights used by Lian Li to value Lian Li’s recycled paper. See Issues and Decision Memo at Comment 5. • We applied AFA to Lian Li’s agency sales. See Issues and Decision Memo at Comment 15. • Consistent with the Department’s practice, for Lian Li’s products that have a metal cover and back, we have included in the normal value of these products a value for the metal covers and backs. We also added to the U.S. price the same value for metal covers and backs. See Issues and Decision Memo at Comment 17. • We applied AFA to Lian Li’s paper consumption for its producers, Sentian and MPF. See Issues and Decision Memo at Comment 18. • For Lian Li’s producer, MPF, we corrected electricity consumption based on a minor correction found at verification. See Issues and Decision Memo at Comment 21. • We found that it is not appropriate to grant a by-product offset for Lian Li’s producers Sentian and MPF. See Issues and Decision Memo at Comment 23. • In the preliminary determination’s SAS calculation, we inadvertently truncated the reported thread consumption to four decimal places when we converted Lian Li’s submitted factors of production (‘‘FOP’’) Excel worksheet database, which had the effect of setting the values to zero. For the final determination, for those products using this material input, we have corrected the Department’s error and have included Lian Li’s reported consumption value for thread. See Issues and Decision Memo at Comment 24 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 53083 • We have treated polyethylene film as a direct material input, where Lian Li sold filler paper bound by polyethylene film or where we were able to identify multi-pack notebooks bound in the same way. See Issues and Decision Memo at Comment 25. • In the preliminary determination’s SAS calculation, we inadvertently assigned an incorrect variable name to domestic freight. We have corrected this for the final determination. See Memorandum to The File, through Charles Riggle, Program Manager, from Frances Veith, International Trade Compliance Analyst: Final Determination in the Investigation of Certain Lined Paper Products from the People’s Republic of China: Calculation Memorandum, Shanghai Lian Li Paper Products Co. Ltd. The PRC-Wide Rate and Use of Adverse Facts Available Sections 776(a)(l) and (2) of the Act provide that the Department shall apply ‘‘facts otherwise available’’ if necessary information is not on the record or an interested party or any other person (A) withholds information that has been requested, (B) fails to provide information within the deadlines established, or in the form and manner requested by the Department, subject to subsections (c)(1) and (e) of section 782, (C) significantly impedes a proceeding, or (D) provides information that cannot be verified as provided by section 782(i) of the Act. Where the Department determines that a response to a request for information does not comply with the request, section 782(d) of the Act provides that the Department will so inform the party submitting the response and will, to the extent practicable, provided that party the opportunity to remedy or explain the deficiency. If the party fails to remedy the deficiency within the applicable time limits and subject to section 782(e) of the Act, the Department may disregard all or part of the original and subsequent responses, as appropriate. Section 782(e) of the Act provides that the Department ‘‘shall not decline to consider information that is submitted by an interested party and is necessary to the determination but does not meet all applicable requirements established by the administering authority’’ if the information is timely, can be verified, is not so incomplete that it cannot be used, and if the interested party acted to the best of its ability in providing the information. Where all of these conditions are met, the statute requires the Department to use the information if it can do so without undue difficulties. E:\FR\FM\08SEN1.SGM 08SEN1 53084 Federal Register / Vol. 71, No. 174 / Friday, September 8, 2006 / Notices Section 776(b) of the Act further provides that the Department may use an adverse inference in applying the facts otherwise available when a party has failed to cooperate by not acting to the best of its ability to comply with a request for information. Section 776(b) of the Act also authorizes the Department to use as AFA, information derived from the petition, the final determination, a previous administrative review, or other information placed on the record. In selecting a rate for AFA, the Department selects a rate that is sufficiently adverse ‘‘as to effectuate the purpose of the facts available rule to induce respondents to provide the Department with complete and accurate information in a timely manner.’’ See Final Determination of Sales at Less Than Fair Value: Static Random Access Memory Semiconductors from Taiwan, 63 FR 8909, 8932 (February 23, 1998). It is the Department’s practice to select, as AFA, the higher of the (a) highest margin alleged in the petition, or (b) the highest calculated rate of any respondent in the investigation. See Final Determination of Sales at Less Than Fair Value: Certain Cold-Rolled Carbon Quality Steel Products from the People’s Republic of China, 65 FR 34600 (May 31, 2000), and accompanying Issues and Decision Memorandum, at ‘‘Facts Available.’’ We find that, because the PRC-wide entity did not respond to our request for information, it has failed to cooperate to the best of its ability. As in the Preliminary Determination, we have assigned to the PRC-wide entity a margin based on information in the petition because the margins derived from the petition are higher than the calculated margins for the selected respondents in this case. Corroboration Section 776(c) of the Act provides that, when the Department relies on secondary information rather than on information obtained in the course of an investigation or review, it shall, to the extent practicable, corroborate that information from independent sources that are reasonably at its disposal. Secondary information is defined as ‘‘[i]nformation derived from the petition that gave rise to the investigation or review, the final determination concerning the subject merchandise, or any previous review under section 751 concerning the subject merchandise.’’ See Statement of Administrative Action (‘‘SAA’’) accompanying the Uruguay Round Agreements Act, H. Doc. No. 316, 103d Cong., 2d Sess. Vol. 1 at 870 (1994). Corroborate means that the Department will satisfy itself that the secondary information to be used has probative value. See SAA at 870. To corroborate secondary information, the Department will, to the extent practicable, examine the reliability and relevance of the information to be used. The SAA emphasizes, however, that the Department need not prove that the selected facts available are the best alternative information. See SAA at 869. For the final determination, in accordance with section 776(c) of the Act, we corroborated our AFA margin using information submitted by the Watanabe Group and Lian Li. See Memorandum to the File from Marin Weaver, International Trade Compliance Analyst, through Charles Riggle, Program Manager, China/NME Group, Corroboration for the Final Determination of Certain Lined Paper Products from the People’s Republic of China, regarding the corroboration of the AFA rate. We found that the margin of 258.21 percent has probative value. Accordingly, we find that the rate of 258.21 percent is corroborated within the meaning of section 776(c) of the Act. In addition, because we have determined that Atico, Dongguan Yizhii Gao Paper Products Ltd. (‘‘Dongguan’’), Planet International, and Lansheng are not entitled to separate rates and are now part of the PRC-wide entity, the PRC-wide entity is now under investigation. Further, because the PRCwide entity (including these entities) failed to provide the requested information in this investigation, the Department, pursuant to section 776(a) of the Act, has applied a dumping margin for the PRC-wide entity using the facts otherwise available on the record. Furthermore, because we have determined that the PRC-wide entity (including Atico, Dongguan, Planet International, and Lansheng) has failed to cooperate to the best of its ability, the Department has used an adverse inference in making its determination, pursuant to section 776(b) of the Act. Combination Rates In the Notice of Initiation, the Department stated that it would calculate combination rates for certain respondents that are eligible for a separate rate in this investigation. See Initiation of Antidumping Duty Investigations: Certain Lined Paper Products From India, Indonesia, and the People’s Republic of China, 70 FR at 58379 (October 6, 2005). See Policy Bulletin 05.1. Final Determination The Department has determined that the following final percentage weightedaverage dumping margins exist for the period January 1, 2005, through June 30, 2005: CERTAIN LINED PAPER PRODUCTS FROM THE PRC-WEIGHTED-AVERAGE DUMPING MARGINS Weighted-average deposit rate sroberts on PROD1PC70 with NOTICES Exporter Producer Watanabe Paper Product (Linqing) Co., Ltd .............................. Watanabe Paper Product (Linqing) Co., Ltd .............................. Watanabe Paper Product (Linqing) Co., Ltd .............................. Hotrock Stationery (Shenzhen) Co., Ltd ..................................... Hotrock Stationery (Shenzhen) Co., Ltd ..................................... Hotrock Stationery (Shenzhen) Co., Ltd ..................................... Watanabe Paper Products (Shanghai) Co., Ltd ......................... Watanabe Paper Products (Shanghai) Co., Ltd ......................... Watanabe Paper Products (Shanghai) Co., Ltd ......................... Shanghai Lian Li Paper Products Co., Ltd ................................. Shanghai Lian Li Paper Products Co., Ltd ................................. Shanghai Lian Li Paper Products Co., Ltd ................................. Shanghai Lian Li Paper Products Co., Ltd ................................. Shanghai Lian Li Paper Products Co., Ltd ................................. Shanghai Lian Li Paper Products Co., Ltd ................................. Shanghai Lian Li Paper Products Co., Ltd ................................. Ningbo Guangbo Imports and Exports Co., Ltd ......................... Watanabe Paper Product (Linqing) Co., Ltd ............................. Hotrock Stationery (Shenzhen) Co., Ltd .................................... Watanabe Paper Products (Shanghai) Co., Ltd ........................ Hotrock Stationery (Shenzhen) Co., Ltd .................................... Watanabe Paper Product (Linqing) Co., Ltd ............................. Watanabe Paper Products (Shanghai) Co., Ltd ........................ Watanabe Paper Products (Shanghai) Co., Ltd ........................ Hotrock Stationery (Shenzhen) Co., Ltd .................................... Watanabe Paper Product (Linqing) Co., Ltd ............................. Shanghai Lian Li Paper Products Co. Ltd ................................. Sentian Paper Products Co., Ltd ............................................... Shanghai Miaopaofang Paper Products Co., Ltd ...................... ShanghaiPudong Wenbao Paper Products Co., Ltd ................. Changshu Changjiang Printing Co., Ltd .................................... Shanghai Loutang Stationery Factory ....................................... Shanghai Beijia Paper Products Co., Ltd .................................. Ningbo Guangbo Plastic Products Manufacture Co., Ltd ......... VerDate Aug<31>2005 19:38 Sep 07, 2006 Jkt 208001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\08SEN1.SGM 08SEN1 76.7 76.7 76.7 76.7 76.7 76.7 76.7 76.7 76.7 94.98 94.98 94.98 94.98 94.98 94.98 94.98 78.39 53085 Federal Register / Vol. 71, No. 174 / Friday, September 8, 2006 / Notices CERTAIN LINED PAPER PRODUCTS FROM THE PRC-WEIGHTED-AVERAGE DUMPING MARGINS—Continued Weighted-average deposit rate Exporter Producer Yalong Paper Products (Kunshan) Co., Ltd ............................... Suzhou Industrial Park Asia Pacific Paper Converting Co., Ltd Sunshine International Group (HK) Ltd ...................................... Yalong Paper Products (Kunshan) Co., Ltd .............................. Suzhou Industrial Park Asia Pacific Paper Converting Co., Ltd Dongguan Shipai Tonzex Electronics Plastic Stationery Factory;. Dongguan Kwong Wo Stationery Co., Ltd ................................ Hua Lian Electronics Plastic Stationery Co., Ltd ....................... Linqing YinXing Paper Co., Ltd ................................................. Jiaxing Seagull Paper Products Co., Ltd ................................... Shenda Paper Product Factory ................................................. Lianyi Paper Product Factory .................................................... Changhang Paper Product Factory ........................................... Tianlong Paper Product Factory ................................................ Rugao PaDer Printer Co., Ltd ................................................... Yinlong Paper Product Factory .................................................. You You Paper Products (Suzhou) Co., Ltd ............................. Haijing Stationery (Shanghai) Co., Ltd ...................................... Yalong Paper Products Ltd (Kunshan) Co., Ltd ........................ Shanghai Cornwell Stationery Co., Ltd ..................................... Yuezhou PaDer Co., Ltd ............................................................ Changshu Guangming Stationery Co., Ltd ................................ Shanghai Xin Zhi Liang Culture Products Co., Ltd ................... Shangyu Zhongsheng Paper Products Co., Ltd ........................ Shanghai Miaoxi Paper Products Factory; ................................ Shanghai Xueya Stationery Co., Ltd ......................................... Shanghai Pudong Wenbao Paper Products Factory; ............... Foshan City Wenhai Paper Factory .......................................... Fujian Hengda Group Co., Ltd .................................................. Changshu Changjiang Paper Industry Co., Ltd ......................... Jiaxing Te Gao Te Paper Products Co., Ltd ............................. Jiaxing Seagull Paper Products Co., Ltd ................................... Jiaxing Boshi Paper Products Co., Ltd ...................................... Jiaxing Te Gao Te Paper Products Co., Ltd ............................. Linqing Silver Star Paper Products Co., Ltd ............................. Shenzhen Baoan Waijing Development Company ................... Shanghai Pudong Wenbao Paper Products Factory ................ Linqing Glistar Paper Products Co., Ltd .................................... Changshu Changjiang Printing Co., Ltd .................................... Linqing Silver Star Paper Products Co., Ltd ............................. Shanghai Pudong Wenbao Paper Products Factory ................ Linqing Glistar Paper Products Co., Ltd .................................... Changshu Changjiang Printing Co., Ltd .................................... Linqing Silver Star Paper Products Co., Ltd ............................. Jiaxing Te Gao Te Paper Products Co., Ltd ............................. Yantai License Printing & Making Co., Ltd ................................ Yantai License Printing & Making Co., Ltd ................................ Anhui Jinhua Import & Export Co., Ltd ...................................... Dongguan Yizhi Gao Paper Products Ltd ................................. Kon Dai (Far East) Packaging Co., Ltd ..................................... Dong Guan Huang Giang Rong Da Printing Factory ................ Dong Guan Huang Giang Da Printing Co., Limited .................. Dongguan Shipai Fuda Stationery Factory ............................... Maxleaf Stationery Ltd ............................................................... .................................................................................................... Sunshine International Group (HK) Ltd ...................................... Sunshine International Group (HK) Ltd ...................................... Suzhou Industrial Park You-You Trading Co., Ltd ..................... Suzhou Industrial Park You-You Trading: Co., Ltd .................... Suzhou Industrial Park You-You Trading Co., Ltd ..................... Suzhou Industrial Park You-You Trading Co., Ltd ..................... Suzhou Industrial Park You-You Trading: Co., Ltd .................... Suzhou Industrial Park You-You Trading Co., Ltd ..................... Suzhou Industrial Park You-You Trading: Co., Ltd .................... Suzhou Industrial Park You-You Trading Co., Ltd ..................... You You Paper Products (Suzhou) Co., Ltd .............................. Haijing Stationery (Shanghai) Co., Ltd ....................................... Orient International Holding Shanghai Foreign Trade Co., Ltd .. Orient International Holding Shanghai Foreign Trade Co., Ltd .. Orient International Holding Shanghai Foreign Trade Co., Ltd .. Orient International Holding Shanghai Foreign Trade Co., Ltd .. Shanghai Foreign Trade Enterprise Co., Ltd ............................. Shanghai Foreign Trade Enterprise Co., Ltd ............................. Shanghai Foreign Trade Enteprise Co., Ltd ............................... Shanghai Foreign Trade Enterprise Co., Ltd ............................. Anhui Light Industries International Co., Ltd .............................. Anhui Light Industries International Co., Ltd .............................. Fujian Hengda Group Co., Ltd ................................................... Changshu Changjiang Printing Co., Ltd ..................................... Jiaxing Te Gao Te Paper Products Co., Ltd .............................. Jiaxing Te Gao Te Paper Products Co., Ltd .............................. Jiaxing Te Gao Te Paper Products Co., Ltd .............................. Chinapack Ningbo Paper Products Co., Ltd .............................. Linqing Silver Star Paper Products Co., Ltd .............................. Wah Kin Stationery and Paper Product Limited ......................... Shanghai Pudong Wenbao Paper Products Factory ................. Shanghai Pudong Wenbao Paper Products Factory ................. Shanghai Pudong Wenbao Paper Products Factory ................. Shanghai Pudong Wenbao Paper Products Factory ................. Paperline Limited ........................................................................ Paperline Limited ........................................................................ Paperline Limited ........................................................................ Paperline Limited ........................................................................ Paperline Limited ........................................................................ Paperline Limited ........................................................................ Yantai License Printing & Making Co., Ltd ................................. Paperline Limited ........................................................................ Essential Industries Limited ........................................................ MGA Entertainment (H.K.) Limited ............................................. MGA Entertainment (H.K.) Limited ............................................. MGA Entertainment (H.K.) Limited ............................................. Excel Sheen Limited ................................................................... Maxleaf Stationery Ltd ................................................................ PRC Entity* ................................................................................. 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 78.39 258.21 *Including Atico, Planet International, and the companies that did not respond to the Q&V questionnaire. sroberts on PROD1PC70 with NOTICES Disclosure We will disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation Pursuant to section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and VerDate Aug<31>2005 19:38 Sep 07, 2006 Jkt 208001 Border Protection (‘‘CBP’’) to continue to suspend liquidation of all entries of subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after April 17, 2006, the date of publication of the Preliminary Determination. For those companies for which we found critical circumstances to exist, we will instruct CBP to continue to suspend liquidation of all entries of subject merchandise PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 from the PRC entered, or withdrawn from warehouse, for consumption on or after January 17, 2006, which is 90 days prior to the date of publication of the preliminary determination. CBP shall continue to require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price as shown above. These instructions suspending liquidation will remain in effect until further notice. E:\FR\FM\08SEN1.SGM 08SEN1 53086 Federal Register / Vol. 71, No. 174 / Friday, September 8, 2006 / Notices International Trade Commission Notification DEPARTMENT OF COMMERCE In accordance with section 735(d) of the Act, we have notified the ITC of our final determination of sales at LTFV. As our final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will determine within 45 days whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of CLPP, or sales (or the likelihood of sales) for importation, of the subject merchandise. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. If the ITC determines that material injury, or threat of material injury does exist, but finds no critical circumstances, the Department will instruct CBP refund or cancel all securities posted prior to April 17, 2006. Notification Regarding APO [I.D. 051906B] Taking of Marine Mammals Incidental to Specified Activities; Harbor Redevelopment Project, Moss Landing Harbor, California National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of receipt of application and proposed authorization for a small take exemption; request for comments. AGENCY: SUMMARY: NMFS has received a request from the Moss Landing Harbor District (MLHD) to take small numbers of Pacific harbor seals and California sea lions by harassment incidental to the harbor redevelopment project in Moss Landing Harbor, California. Under the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an authorization to MLHD to incidentally take, by harassment, small numbers of these two species of pinnipeds during the next 12 months. DATES: Comments and information must be received no later than October 10, 2006. Comments on the application should be addressed to P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 20910–3225, or by telephoning the contact listed here. The mailbox address for providing email comments is PR1.051906B@noaa.gov. Include in the subject line of the e-mail comment the following document identifier: 051906B. Comments sent via e-mail, including all attachments, must not exceed a 10– megabyte file size. A copy of the application and Biological Assessment for the North Harbor Redevelopment Project may be obtained by writing to this address or by telephoning the contact listed here. FOR FURTHER INFORMATION CONTACT: Shane Guan, NMFS, (301) 713–2289, ext 137, or Monica DeAngelis, NMFS, (562) 980–3232. SUPPLEMENTARY INFORMATION: ADDRESSES: In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing this determination and notice in accordance with sections 735(d) and 777(i) of the Act. Dated: August 30, 2006. David M. Spooner, Assistant Secretary, for Import Administration. [FR Doc. 06–7538 Filed 9–7–06; 8:45 am] sroberts on PROD1PC70 with NOTICES National Oceanic and Atmospheric Administration BILLING CODE 3510–DS–M Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of VerDate Aug<31>2005 19:38 Sep 07, 2006 Jkt 208001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. An authorization shall be granted if NMFS finds that the taking will be small, have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses, and that the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined ‘‘negligible impact’’ in 50 CFR 216.103 as ’’...an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.’’ Section 101(a)(5)(D) of the MMPA established an expedited process by which citizens of the United States can apply for an authorization to incidentally take small numbers of marine mammals by harassment. Except with respect to certain activities not pertinent here, the MMPA defines ‘‘harassment’’ as: any act of pursuit, torment, or annoyance which(i) has the potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [Level B harassment]. Section 101(a)(5)(D) establishes a 45day time limit for NMFS review of an application followed by a 30-day public notice and comment period on any proposed authorizations for the incidental harassment of marine mammals. Within 45 days of the close of the comment period, NMFS must either issue or deny issuance of the authorization. Summary of Request On April 24, 2006, NMFS received a request from the Terrestrial and Aquatic Biological Resources, on behalf of MLHD, to take small numbers of Pacific harbor seals (Phoca vitulina richardsi) and California sea lions (Zalophus californianus) incidental to the North Harbor Redevelopment Project in Moss Landing Harbor, Monterey County, California. The proposed project includes construction of a 100 ft (30.5 m) long by E:\FR\FM\08SEN1.SGM 08SEN1

Agencies

[Federal Register Volume 71, Number 174 (Friday, September 8, 2006)]
[Notices]
[Pages 53079-53086]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-7538]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-901]


Notice of Final Determination of Sales at Less Than Fair Value, 
and Affirmative Critical Circumstances, In Part: Certain Lined Paper 
Products From the People's Republic of China

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

DATES: Effective Date: September 8, 2006.
SUMMARY: We determine that imports of certain lined paper products 
(``CLPP'') from the People's Republic of China (``PRC'') are being, or 
are likely to be, sold in the United States at less than fair value 
(``LTFV''), as provided in section 735 of the Tariff Act of 1930, as 
amended (''the Act''). The estimated margins of sales at LTFV are shown 
in the ``Final Determination'' section of this notice. Moreover, we 
determine that critical circumstances exist with regard to certain 
imports of CLPP from the PRC. See the ``Critical Circumstances'' 
section below.

FOR FURTHER INFORMATION CONTACT: Marin Weaver or Frances Veith, AD/CVD 
Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
2336 or 482-4295, respectively.

SUPPLEMENTARY INFORMATION: 

Case History

    On April 17, 2006, the Department published in the Federal Register 
(``FR'') the preliminary determination that CLPP from the PRC are 
being, or are likely to be, sold in the United States at LTFV, as 
provided in section 733 of the Act, covering three exporters and 
producers as mandatory respondents \1\ and 27 separate-rate 
respondents.\2\ See Preliminary Determination of Sales at Less Than 
Fair Value, Affirmative Critical Circumstances, In Part, and 
Postponement of Final Determination: Certain Lined Paper Products from 
the People's Republic of China. 71 FR 16965 (April 17, 2006) 
(``Preliminary Determination''). Since the publication of the 
Preliminary Determination the following events have occurred.
---------------------------------------------------------------------------

    \1\ (1) Watanabe Paper Product (Shanghai) Co., Ltd. (``Watanabe 
Shanghai''); Hotrock Stationery (Shenzhen) Co. (``Watanabe 
Shenzhen''); and Watanabe Paper Product (Linqing) Co., Ltd. 
(``Watanabe Linqing''), collectively (the ``Watanabe Group''); (2) 
Atico International (HK) Ltd. & Atico Overseas Ltd. (collectively 
``Atico''); and (3) Shanghai Lian Li Paper Products Co., Ltd. 
(``Lian Li''). On January 26, 2006, Atico submitted a letter 
informing the Department that it was unable to participate further 
in this investigation. As in the Preliminary Determination, we find 
that Atico does not merit a separate rate and will be subject to the 
PRC-wide entity. See The PRC-Wide Rate and Use of Adverse Facts 
Available section for further discussion..
    \2\ Anhui Light Industries International Co., Ltd. (``Anhui 
Light''), Changshu Changjiang Printing Co., Ltd. (``Changjiang''), 
Chinapack Ningbo Paper Products Co., Ltd. (``Chinapack''), Dongguan 
Yizhi Gao Paper Products Ltd. (``Yizhi Gao''), Essential Industries 
Limited (``Essential''), Fujian Hengda Group Co., Ltd. (``Hengda''), 
Haijing Stationery (Shanghai) Co., Ltd. (``Haijing''), Excel Sheen 
Limited (``Excel''), Maxleaf Stationary Ltd. (``Maxleaf ''), Jiaxing 
Te Gao Te Paper Products Co., Ltd. (``Te Gao Te''), Linqing Silver 
Star Paper Products Co., Ltd. (``Linqing Silver''), MGA 
Entertainment (H.K.) Limited (``MGA''), Ningbo Guangbo Imports and 
Exports Co. Ltd. (``Ningbo''), Orient International Holding Shanghai 
Foreign Trade Co., Ltd. (``Orient''), Paperline Limited 
(``Paperline''), Planet (Hong Kong) International Company Ltd. 
(``Planet HK''), Planet International Company Ltd. (``Planet''), 
Shanghai Pudong Wenbao Paper Products Factory (``Wenbao Paper''), 
Shanghai Foreign Trade Enterprise Co., Ltd. (``SFTE''), Sunshine 
International Group (HK) Ltd. (``Sunshine''), Suzhou Industrial Park 
Asia Pacific Paper Converting Co., Ltd. (``Suzhou''), Suzhou 
Industrial Park You-You Trading Co., Ltd. (``You You Trading''), Wah 
Kin Stationery and Paper Product Limited (``Wah Kin''), and Yalong 
Paper Products (Kunshan) Co., Ltd. (``Yalong''), Shanghai Lansheng 
Stationery & Sporting Goods Import & Export Co., Ltd. 
(``Lansheng''), Yantai License Printing & Making Co., Ltd. 
(``Yantai''), You-You Paper Products (Suzhou) Co., Ltd. (``You-
You''), Paperline Limited (``Paperline''), and Shanghai Pudong 
Wenbao Paper Products Factory (``Wenbao Paper''). Also, Paperline 
and Wenbao Paper are collectively known as (``Wenbao'') and Planet 
and Planet Hong Kong are collectively known as (``Planet 
International'').
---------------------------------------------------------------------------

    On April 13, 2006, we sent a separate-rate verification agenda to 
separate-rate applicants, Planet International. On April 18, 2006, 
Planet International notified the Department of its withdrawal from the 
verification. On May 4, 2006, we sent a separate-rate verification 
agenda to a separate-rate applicant, Lansheng, and on May 8, 2006, it 
notified the Department of its withdrawal from the verification. From 
May 8 through 18, 2006, the Department conducted a sales verification 
of Lian Li and a factors verification of its unaffiliated producers 
Shanghai Sentian Paper Products Co., Ltd. (``Sentian''),

[[Page 53080]]

and Shanghai Miaopanfang Paper Products Co., Ltd. (``MPF''). From May 
29 through June 9, 2006, the Department conducted a sales and factors 
verification of Watanabe Linqing and Watanabe Shenzhen. See 
``Verification'' Section below for additional information.
    On June 1, 2006, the Department published in the FR the notice of 
amended preliminary determination to correct a ministerial error 
discovered with respect to the antidumping duty margin calculation for 
Lian Li, which also affected all companies for which the Department 
granted separate-rate status. We also preliminarily granted separate-
rate status for You-You. See Notice of Amended Preliminary 
Determination of Sales at Less than Fair Value: Certain Lined Paper 
Products from the People's Republic of China, 71 FR 31159 (June 1, 
2006) (``Amended Preliminary Determination'').
    On June 13, 2006, Watanabe, Lian Li, and Petitioner \3\ filed 
surrogate value information. On June 23, 2006, Petitioner filed a 
rebuttal surrogate value submission.
---------------------------------------------------------------------------

    \3\ The Association of American School Paper Suppliers and its 
individual members (MeadWestvaco Corporation; Norcom, Inc.; and Top 
Flight, Inc.).
---------------------------------------------------------------------------

    We invited parties to comment on our Preliminary Determination and 
verification reports. Case briefs were filed with the Department on 
July 28, 2006, by Excel, a separate-rate respondent; on July 31, 2006, 
by the Watanabe Group, Lian Li, and by separate-rate respondents MGA, 
Maxleaf, Te Gao Te, and Wenbao; and on August 1, 2006, by 
Petitioner.\4\ On August 7, 2006, Watanabe and Lian Li filed rebuttal 
briefs responding to issues raised in the case briefs. On August 8, 
2006, Petitioner filed a rebuttal brief.\5\ On August 9, 2006, we 
rejected Petitioner's rebuttal brief because it contained argument that 
did not constitute a rebuttal. (On August 10, 2006, Petitioner timely 
refiled its redacted rebuttal brief.) On August 9, 2006, Petitioner 
filed a rebuttal brief commenting only on issues raised in Maxleaf's 
brief.\6\
---------------------------------------------------------------------------

    \4\ This case brief was timely because one copy was originally 
filed on July 31, 2006, as ``bracketing not final.''
    \5\ This rebuttal brief was timely because one copy was 
originally filed on August 7, 2006, as ``bracketing not final.''
    \6\ On August 4, 2006, we extended the time in which to file 
rebuttal to the briefs filed by Maxleaf and MGA due to a delay in 
the receipt of these briefs by the other parties.
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation is January 1, 2005, through June 30, 
2005.

Non-Market Economy Status of the PRC

    On December 22, 2005, the Watanabe Group submitted a request that 
the Department reevaluate the PRC's status as a non-market economy 
(NME) country under the U.S. antidumping law. On February 2, 2006, the 
Department received a submission from the PRC Ministry of Commerce 
(``MOFCOM'') expressing support for the Watanabe Group's request.
    The Department has treated the PRC as an NME country in all past 
antidumping duty investigations and administrative reviews. See, e g., 
Notice of Final Determination of Sales at Less Than Fair Value and 
Final Partial Affirmative Determination of Critical Circumstances: 
Diamond Sawblades and Parts Thereof from the People's Republic of 
China, 71 FR 29303 (May 22, 2006); Notice of Final Determination of 
Sales at Less Than Fair Value: Certain Artist Canvas from the People's 
Republic of China, 71 FR 16116 (March 30, 2006); and Notice of Final 
Determination of Sales at Less Than Fair Value: Chlorinated 
Isocyanurates From the People's Republic of China, 70 FR 24502 (May 10, 
2005). A designation as an NME country remains in effect until it is 
revoked by the Department. See section 771(18)(C)(i) of the Act.
    The Department issued a memorandum to the file on May 15, 2006, 
determining that the Department shall continue to treat the PRC as an 
NME for purposes of the U.S. antidumping law. In the May 15 memorandum, 
the Department focused mainly on distortions in the banking sector. 
However, the Department also stated in that memorandum that it would 
issue a follow-up analysis concerning all six statutory factors that 
govern NME-country designation. Accordingly, the Department issued a 
memorandum to the file on August 30, 2006, providing the full 
underlying analysis of the May 15 decision to continue the PRC's NME 
designation.

Scope of Investigation \7\

    The scope of this investigation includes certain lined paper 
products, typically school supplies,\8\ composed of or including paper 
that incorporates straight horizontal and/or vertical lines on ten or 
more paper sheets,\9\ 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 petition 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.
---------------------------------------------------------------------------

    \7\ The Department has received several requests for scope 
clarifications from SchoolMax LLC, GEM Group Incorporated, Avenues 
in Leather, Inc., and ACCO Brands Corporation. The department has 
not addressed these requests in this final determination. However, 
the Department will consider the issues raised in these requests as 
scope requests in the event this proceeding goes to order.
    \8\ 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.
    \9\ There shall be no minimum page requirement for looseleaf 
filler paper.
---------------------------------------------------------------------------

    Specifically excluded from the scope of this investigation 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;

[[Page 53081]]

     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: preprinted 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,\10\ 
measuring 6 inches by 9 inches; Also excluded from the scope of this 
investigation are the following trademarked products:
---------------------------------------------------------------------------

    \10\ ``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.
---------------------------------------------------------------------------

     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 \11\
---------------------------------------------------------------------------

    \11\ 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.\12\
---------------------------------------------------------------------------

    \12\ Products found to be bearing an invalidly licensed or used 
trademark are not excluded from the scope.
---------------------------------------------------------------------------

     FiveStar[supreg]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 .019 inches (within normal 
manufacturing tolerances) and rear cover is .028 inches (within normal 
manufacturing tolerances). Integral with the stitching that attaches 
the polyester spine covering, is caputred 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]AdvanceTM.\13\
---------------------------------------------------------------------------

    \13\ Products found to be bearing an invalidly licensed or used 
trademark are not excluded from the scope.
---------------------------------------------------------------------------

     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 .019 inches 
(within normal manufacturing tolerances) and rear cover is .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.\14\
---------------------------------------------------------------------------

    \14\ Products found to be bearing an invalidly licensed or used 
trademark are not excluded from the scope.
---------------------------------------------------------------------------

    Merchandise subject to this proceeding is typically imported under 
headings 4810.22.5044, 4811.90.9090, 4820.10.2010, 4820.10.2020, 
4820.10.2050, and 4820.10.4000 of the Harmonized Tariff Schedule of the 
United States (HTSUS).\15\ The tariff classifications are provided for 
convenience and customs purposes; however, the written description of 
the scope of the proceeding is dispositive.
---------------------------------------------------------------------------

    \15\ During the investigation additional HTSUS headings were 
identified.
---------------------------------------------------------------------------

Verification

    As provided in section 782(i) of the Act, we verified the 
information submitted by two mandatory respondents: The Watanabe Group 
and Lian Li and two of Lian Li's suppliers, Sentian and MPF, for use in 
our final determination. See the Department's verification reports on 
the record of this investigation in the Central Records Unit (``CRU''), 
Room B-099 of the main Commerce Department building. For all verified 
companies, we used standard verification procedures, including 
examination of relevant accounting and production records, as well as 
original source documents provided by respondents.

Analysis of Comments Received

    All issues raised in the post-preliminary comments by parties in 
this investigation are addressed in the Issues and Decision Memorandum, 
dated August 30, 2006 (``Issues and Decision Memo''), which is hereby 
adopted by this notice. A list of the issues which parties raised and 
to which we respond in the Issues and Decision Memo is attached to this 
notice as an Appendix. The Issues and Decision Memo is a public 
document which is on file in CRU in room B-099 in the main Department 
building, and is accessible on the Web at http://ia.ita.doc.gov/frn. 
The paper copy and electronic version of the memorandum are identical 
in content.

Critical Circumstances

    On November 29, 2005, Petitioner alleged that there was a 
reasonable basis to believe or suspect critical circumstances existed 
with respect to the antidumping investigation of CLPP from the PRC. In 
the Preliminary Determination, the Department found that critical 
circumstances existed for imports of CLPP from Changjiang,

[[Page 53082]]

Hengda, Linqing Silver, SFTE, Wenbao Paper, Paperline, Wah Kin, and the 
PRC-wide entity. In addition, we found that critical circumstances did 
not exist for Anhui Light, Chinapack, Essential Industries Limited, 
Excel, Haijing, Te Gao Te, Lian Li, MGA, Ningbo, Orient, Planet 
International, Sunshine, Suzhou, You-You Trading, the Watanabe Group, 
and Yalong. See Memorandum to Stephen Claeys from Juanita Chen through 
Robert Bolling and Wendy Frankel: Lined Paper Products from the 
People's Republic of China: Preliminary Determination of Critical 
Circumstances, dated April 7, 2006 (``Prelim Critical Circumstances 
Memo'').
    Section 735(a)(3) of the Act provides that if the final 
determination of the Department is affirmative, then that fmding shall 
also include a finding of whether: (A)(i) There is a history of dumping 
and material injury by reason of dumped imports in the United States or 
elsewhere of the subject merchandise; or (ii) the person by whom, or 
for whose account, the merchandise was imported knew or should have 
known that the exporter was selling the subject merchandise at less 
than its fair value and that there would be material injury by reason 
of such sales; and (B) There have been massive imports of the subject 
merchandise over a relatively short period. Section 351.206(h)(1) of 
the Department's regulations provides that, in determining whether 
imports of the subject merchandise have been ``massive,'' the 
Department normally will examine: (i) The volume and value of the 
imports; (ii) seasonal trends; and (iii) the share of domestic 
consumption accounted for by the imports. In addition, section 
351.206(h)(2) of the Department's regulations provides that in general, 
an increase in imports of at least 15 percent during the ``relatively 
short period'' over the imports during an immediately preceding period 
of comparable duration may be considered ``massive.''
    Based on the changes made to both the comparison and base periods 
and as discussed further in the Issues and Decision Memo at Comment 26, 
the Department has re-examined its preliminary critical circumstances 
finding. For the final determination, we find critical circumstances 
exist for Changjiang, Hengda, Linqing Silver, SFTE, Wah Kin, Maxleaf, 
MGA, Yantai, and the PRC-wide entity. In addition, we find critical 
circumstances do not exist for Anhui Light, Chinapack, Essential, 
Excel, Haijing, Te Gao Te, Lian Li, Ningbo, Orient, Sunshine, Suzhou, 
You-You Trading, the Watanabe Group, Yalong, You-You, Wenbao Paper, and 
Paperline. See Memorandum to Stephen J. Claeys, Deputy Assistant 
Secretary, through Wendy J. Frankel, Office Director, from Charles 
Riggle, Program Manager: Lined Paper Products from the People's 
Republic of China: Final Determination of Critical Circumstances, dated 
August 30, 2006.

Surrogate Country

    In the Preliminary Determination, we stated that we had selected 
India as the appropriate surrogate country to use in this investigation 
for the following reasons: (A) India is at a level of economic 
development comparable to that of the PRC, and (B) India is a 
significant producer of comparable merchandise. Furthermore, we have 
reliable data from India that we can use to value the factors of 
production. See Preliminary Determination at 19699, 19700. For the 
final determination, we made no changes to our findings with respect to 
the selection of a surrogate country.

Affiliation

    In the Preliminary Determination, based on the evidence on the 
record, we preliminarily found that members of the Watanabe Group are 
affiliated pursuant to section 771(33) of the Act. We are also treating 
them as a single entity for purposes of this investigation. See 
Memorandum to Wendy Frankel, Director, from Charles Riggle, Program 
Manager: Antidumping Duty Investigation of Certain Lined Paper Products 
from the People's Republic of China: Affiliation and Treatment of the 
Watanabe Group as a Single Entity, dated April 7, 2006. Since the 
Preliminary Determination, the Department has found no information that 
would rebut this determination. Therefore, the Department continues to 
find that members of the Watanabe Group are affiliated, pursuant to 
section 771(33) of the Act, for this final determination.

Separate Rates

    Since the Preliminary Determination and the Amended Preliminary 
Determination, the Department has received additional information from 
Yantai, Maxleaf, and Excel, allowing the Department to determine these 
companies' eligibility for separate-rate status. Therefore, for 
purposes of this final determination, the Department is granting 
separate-rate status to the following companies: the Watanabe Group, 
Lian Li, Anhui Light, Changjiang, Chinapack, Essential, Excel, Hengda, 
Haijing, Te Gao Te, Linqing Silver, Maxleaf, MGA, Ningbo, Orient, 
Paperline, Wenbao Paper, SFTE, Sunshine, Suzhou, You-You, You-You 
Trading, Wah Kin, Yalong, and Yantai. In addition, the Department 
attempted to conduct verifications of two separate-rate applicants, (i) 
Lansheng and (ii) Planet International,\16\ both of whom withdrew from 
participating in verification.\17\. For further discussion of these 
changes in separate rates, see Final Determination Separate Rates 
Memorandum: Certain Lined Paper Products from the People's Republic of 
China, dated August 30, 2006. Because we begin with the presumption 
that all companies within an NME country are subject to government 
control and because only the companies listed under the ``Final 
Determination Margins'' section below have overcome that presumption, 
we are applying a single antidumping rate--the PRC-wide rate--to all 
other exporters of subject merchandise from the PRC. Such companies did 
not demonstrate entitlement to a separate rate. See, e.g., Final 
Determination of Sales at Less Than Fair Value: Synthetic Indigo from 
the People's Republic of China, 65 FR 25706 (May 3, 2000). The PRC-wide 
rate applies to all entries of subject merchandise except for entries 
from the respondents which are listed in the ``Final Determination 
Margins'' section below (except as noted).
---------------------------------------------------------------------------

    \16\ The Department sent a verification agenda to Planet 
International.
    \17\ Therefore, neither of these entities has demonstrated its 
eligibility for separate-rate status. Accordingly, Lansheng and 
Planet International will be considered part of the PRC-wide entity 
for purposes of this final determination.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    We have made the following changes since the Preliminary 
Determination:

 Changes That Affect Both the Watanbe Group and Lian Li

     Where we used domestic prices as surrogate values we based 
freight for inputs on the actual distance from the input supplier to 
the site at which the input was used. See Issues and Decision Memo at 
Comment 2.
     We have used the year-ended March 31, 2005, financial 
statements of Sundaram Multi Pap Ltd. and Shiv Ganga Paper Converters 
Pvt. Ltd. to value factory overhead, selling, general and 
administrative expenses, and profit. See Issues and Decision Memo at 
Comment 1.

Changes for the Watanabe Group

     Based on the information in Watanabe Linqing's minor 
corrections at verification, we have recalculated tbe

[[Page 53083]]

zinc wire usage rates for the necessary control numbers (``CONNUM''s) 
and valued this input with Indian Harmonized Tarrif Schedule number 
7217.20.00.\18\ See the Watanabe Group's May 31,2006, submission 
(``Watanabe Linqing Minor Corrections'').
---------------------------------------------------------------------------

    \18\ This surrogate value was used at the Preliminary 
Determination to value Lian Li's zinc wire. See memorandum to Wendy 
J. Frankel Re: Preliminary Determination of the Investigation of 
Certain Lined Paper Products from the People's Republic of China: 
Factors-of-Production Valuation for Preliminary Determination (April 
7, 2006).
---------------------------------------------------------------------------

     We determined that Watanabe Linqing had unreported U.S. 
sales. See Decision Memo at Comment 8. We have assigned as adverse 
facts available (``AFA'') to the Watanabe Group the initiation rate of 
258.21 percent for those unreported sales.
     Based on verification findings, we are not granting the 
Watanabe Group a by-product offset. See Issues and Decision Memo at 
Comment 11.
     In their verification minor corrections, both Watanabe 
Shenzhen and Watanabe Linqing identified certain observations for which 
they had misreported shipment dates. See Watanabe Linqing Minor 
Corrections and the Watanabe Group's June 7, 2006, submission 
containing Watanabe Shenzhen's minor corrections. During the course of 
verification, the Department identified additional observations for 
which shipment date and/or payment date had been misreported. See 
Memorandum to the File Re: Verification of the Sales and Factors 
Response of Watanabe Paper Product (Linqing) Co., Ltd. in the 
Antidumping Investigation of Certain Lined Paper from the People's 
Republic of China (``Watanabe Linqing Verification Report'') (July 21, 
2006) and Memoradum to the File Re: Verification of the Sales and 
Factors Response of Hotrock Stationery (Shenzhen) Co., Ltd. in the 
Antidumping Duty Investigation of Certain Lined Paper Products from the 
People's Republic of China (``Watanabe Shenzhen Verification Report'') 
(July 21, 2006). We have corrected these dates for the final results.
     During the course of the Watanabe Shenzhen verification we 
found that a billing adjustment (``BILLADJU'') was misreported and we 
have corrected this for this final determination. See Watanabe Shenzhen 
Verification Report at 19.
     In the Watanabe Linqing Minor Corrections, Watanabe 
Linqing stated that it had misreported indirect labor (``INDLAB'') 
hours for January. This affected one matching CONNUM which we have 
corrected for this final determination.

Changes for Lian Li

      We used the Indian domestic purchase prices for creamwove 
paper from Indian Printer and Publisher (``IPP'') to calculate a simple 
average ofthe available POI IPP prices reflecting the GSM weights 
reported by Lian Li to value Lian Li's insert paper. See Issues and 
Decision Memo at Comment 4.
     For Lian Li's white paperboard, white/white paperboard, 
and grey/white board, we used the IPP paperboard price data to 
calculate a simple average of the available POI IPP prices reflecting 
the GSM weights used by Lian Li in its production of in-scope 
merchandise. See Issues and Decision Memo at Comment 4.
     We used the Indian domestic purchase prices for creamwove 
paper from IPP to calculate a simple average of the available POI IPP 
prices which reflect the GSM weights used by Lian Li to value Lian Li's 
recycled paper. See Issues and Decision Memo at Comment 5.
     We applied AFA to Lian Li's agency sales. See Issues and 
Decision Memo at Comment 15.
     Consistent with the Department's practice, for Lian Li's 
products that have a metal cover and back, we have included in the 
normal value of these products a value for the metal covers and backs. 
We also added to the U.S. price the same value for metal covers and 
backs. See Issues and Decision Memo at Comment 17.
     We applied AFA to Lian Li's paper consumption for its 
producers, Sentian and MPF. See Issues and Decision Memo at Comment 18.
     For Lian Li's producer, MPF, we corrected electricity 
consumption based on a minor correction found at verification. See 
Issues and Decision Memo at Comment 21.
     We found that it is not appropriate to grant a by-product 
offset for Lian Li's producers Sentian and MPF. See Issues and Decision 
Memo at Comment 23.
     In the preliminary determination's SAS calculation, we 
inadvertently truncated the reported thread consumption to four decimal 
places when we converted Lian Li's submitted factors of production 
(``FOP'') Excel worksheet database, which had the effect of setting the 
values to zero. For the final determination, for those products using 
this material input, we have corrected the Department's error and have 
included Lian Li's reported consumption value for thread. See Issues 
and Decision Memo at Comment 24
     We have treated polyethylene film as a direct material 
input, where Lian Li sold filler paper bound by polyethylene film or 
where we were able to identify multi-pack notebooks bound in the same 
way. See Issues and Decision Memo at Comment 25.
     In the preliminary determination's SAS calculation, we 
inadvertently assigned an incorrect variable name to domestic freight. 
We have corrected this for the final determination. See Memorandum to 
The File, through Charles Riggle, Program Manager, from Frances Veith, 
International Trade Compliance Analyst: Final Determination in the 
Investigation of Certain Lined Paper Products from the People's 
Republic of China: Calculation Memorandum, Shanghai Lian Li Paper 
Products Co. Ltd.

 The PRC-Wide Rate and Use of Adverse Facts Available

    Sections 776(a)(l) and (2) of the Act provide that the Department 
shall apply ``facts otherwise available'' if necessary information is 
not on the record or an interested party or any other person (A) 
withholds information that has been requested, (B) fails to provide 
information within the deadlines established, or in the form and manner 
requested by the Department, subject to subsections (c)(1) and (e) of 
section 782, (C) significantly impedes a proceeding, or (D) provides 
information that cannot be verified as provided by section 782(i) of 
the Act.
    Where the Department determines that a response to a request for 
information does not comply with the request, section 782(d) of the Act 
provides that the Department will so inform the party submitting the 
response and will, to the extent practicable, provided that party the 
opportunity to remedy or explain the deficiency. If the party fails to 
remedy the deficiency within the applicable time limits and subject to 
section 782(e) of the Act, the Department may disregard all or part of 
the original and subsequent responses, as appropriate. Section 782(e) 
of the Act provides that the Department ``shall not decline to consider 
information that is submitted by an interested party and is necessary 
to the determination but does not meet all applicable requirements 
established by the administering authority'' if the information is 
timely, can be verified, is not so incomplete that it cannot be used, 
and if the interested party acted to the best of its ability in 
providing the information. Where all of these conditions are met, the 
statute requires the Department to use the information if it can do so 
without undue difficulties.

[[Page 53084]]

    Section 776(b) of the Act further provides that the Department may 
use an adverse inference in applying the facts otherwise available when 
a party has failed to cooperate by not acting to the best of its 
ability to comply with a request for information. Section 776(b) of the 
Act also authorizes the Department to use as AFA, information derived 
from the petition, the final determination, a previous administrative 
review, or other information placed on the record.
    In selecting a rate for AFA, the Department selects a rate that is 
sufficiently adverse ``as to effectuate the purpose of the facts 
available rule to induce respondents to provide the Department with 
complete and accurate information in a timely manner.'' See Final 
Determination of Sales at Less Than Fair Value: Static Random Access 
Memory Semiconductors from Taiwan, 63 FR 8909, 8932 (February 23, 
1998). It is the Department's practice to select, as AFA, the higher of 
the (a) highest margin alleged in the petition, or (b) the highest 
calculated rate of any respondent in the investigation. See Final 
Determination of Sales at Less Than Fair Value: Certain Cold-Rolled 
Carbon Quality Steel Products from the People's Republic of China, 65 
FR 34600 (May 31, 2000), and accompanying Issues and Decision 
Memorandum, at ``Facts Available.'' We find that, because the PRC-wide 
entity did not respond to our request for information, it has failed to 
cooperate to the best of its ability. As in the Preliminary 
Determination, we have assigned to the PRC-wide entity a margin based 
on information in the petition because the margins derived from the 
petition are higher than the calculated margins for the selected 
respondents in this case.

Corroboration

    Section 776(c) of the Act provides that, when the Department relies 
on secondary information rather than on information obtained in the 
course of an investigation or review, it shall, to the extent 
practicable, corroborate that information from independent sources that 
are reasonably at its disposal. Secondary information is defined as 
``[i]nformation derived from the petition that gave rise to the 
investigation or review, the final determination concerning the subject 
merchandise, or any previous review under section 751 concerning the 
subject merchandise.'' See Statement of Administrative Action (``SAA'') 
accompanying the Uruguay Round Agreements Act, H. Doc. No. 316, 103d 
Cong., 2d Sess. Vol. 1 at 870 (1994). Corroborate means that the 
Department will satisfy itself that the secondary information to be 
used has probative value. See SAA at 870. To corroborate secondary 
information, the Department will, to the extent practicable, examine 
the reliability and relevance of the information to be used. The SAA 
emphasizes, however, that the Department need not prove that the 
selected facts available are the best alternative information. See SAA 
at 869.
    For the final determination, in accordance with section 776(c) of 
the Act, we corroborated our AFA margin using information submitted by 
the Watanabe Group and Lian Li. See Memorandum to the File from Marin 
Weaver, International Trade Compliance Analyst, through Charles Riggle, 
Program Manager, China/NME Group, Corroboration for the Final 
Determination of Certain Lined Paper Products from the People's 
Republic of China, regarding the corroboration of the AFA rate. We 
found that the margin of 258.21 percent has probative value. 
Accordingly, we find that the rate of 258.21 percent is corroborated 
within the meaning of section 776(c) of the Act.
    In addition, because we have determined that Atico, Dongguan Yizhii 
Gao Paper Products Ltd. (``Dongguan''), Planet International, and 
Lansheng are not entitled to separate rates and are now part of the 
PRC-wide entity, the PRC-wide entity is now under investigation. 
Further, because the PRC-wide entity (including these entities) failed 
to provide the requested information in this investigation, the 
Department, pursuant to section 776(a) of the Act, has applied a 
dumping margin for the PRC-wide entity using the facts otherwise 
available on the record. Furthermore, because we have determined that 
the PRC-wide entity (including Atico, Dongguan, Planet International, 
and Lansheng) has failed to cooperate to the best of its ability, the 
Department has used an adverse inference in making its determination, 
pursuant to section 776(b) of the Act.

Combination Rates

    In the Notice of Initiation, the Department stated that it would 
calculate combination rates for certain respondents that are eligible 
for a separate rate in this investigation. See Initiation of 
Antidumping Duty Investigations: Certain Lined Paper Products From 
India, Indonesia, and the People's Republic of China, 70 FR at 58379 
(October 6, 2005). See Policy Bulletin 05.1.

Final Determination

    The Department has determined that the following final percentage 
weighted-average dumping margins exist for the period January 1, 2005, 
through June 30, 2005:

   Certain Lined Paper Products From the PRC-Weighted-Average Dumping
                                 Margins
------------------------------------------------------------------------
                                                             Weighted-
            Exporter                     Producer             average
                                                           deposit rate
------------------------------------------------------------------------
Watanabe Paper Product           Watanabe Paper Product             76.7
 (Linqing) Co., Ltd.              (Linqing) Co., Ltd.
Watanabe Paper Product           Hotrock Stationery                 76.7
 (Linqing) Co., Ltd.              (Shenzhen) Co., Ltd.
Watanabe Paper Product           Watanabe Paper Products            76.7
 (Linqing) Co., Ltd.              (Shanghai) Co., Ltd.
Hotrock Stationery (Shenzhen)    Hotrock Stationery                 76.7
 Co., Ltd.                        (Shenzhen) Co., Ltd.
Hotrock Stationery (Shenzhen)    Watanabe Paper Product             76.7
 Co., Ltd.                        (Linqing) Co., Ltd.
Hotrock Stationery (Shenzhen)    Watanabe Paper Products            76.7
 Co., Ltd.                        (Shanghai) Co., Ltd.
Watanabe Paper Products          Watanabe Paper Products            76.7
 (Shanghai) Co., Ltd.             (Shanghai) Co., Ltd.
Watanabe Paper Products          Hotrock Stationery                 76.7
 (Shanghai) Co., Ltd.             (Shenzhen) Co., Ltd.
Watanabe Paper Products          Watanabe Paper Product             76.7
 (Shanghai) Co., Ltd.             (Linqing) Co., Ltd.
Shanghai Lian Li Paper Products  Shanghai Lian Li Paper            94.98
 Co., Ltd.                        Products Co. Ltd.
Shanghai Lian Li Paper Products  Sentian Paper Products            94.98
 Co., Ltd.                        Co., Ltd.
Shanghai Lian Li Paper Products  Shanghai Miaopaofang              94.98
 Co., Ltd.                        Paper Products Co.,
                                  Ltd.
Shanghai Lian Li Paper Products  ShanghaiPudong Wenbao             94.98
 Co., Ltd.                        Paper Products Co.,
                                  Ltd.
Shanghai Lian Li Paper Products  Changshu Changjiang               94.98
 Co., Ltd.                        Printing Co., Ltd.
Shanghai Lian Li Paper Products  Shanghai Loutang                  94.98
 Co., Ltd.                        Stationery Factory.
Shanghai Lian Li Paper Products  Shanghai Beijia Paper             94.98
 Co., Ltd.                        Products Co., Ltd.
Ningbo Guangbo Imports and       Ningbo Guangbo Plastic            78.39
 Exports Co., Ltd.                Products Manufacture
                                  Co., Ltd.

[[Page 53085]]

 
Yalong Paper Products (Kunshan)  Yalong Paper Products             78.39
 Co., Ltd.                        (Kunshan) Co., Ltd.
Suzhou Industrial Park Asia      Suzhou Industrial Park            78.39
 Pacific Paper Converting Co.,    Asia Pacific Paper
 Ltd.                             Converting Co., Ltd.
Sunshine International Group     Dongguan Shipai Tonzex            78.39
 (HK) Ltd.                        Electronics Plastic
                                  Stationery Factory;.
Sunshine International Group     Dongguan Kwong Wo                 78.39
 (HK) Ltd.                        Stationery Co., Ltd.
Sunshine International Group     Hua Lian Electronics              78.39
 (HK) Ltd.                        Plastic Stationery
                                  Co., Ltd.
Suzhou Industrial Park You-You   Linqing YinXing Paper             78.39
 Trading Co., Ltd.                Co., Ltd.
 Suzhou Industrial Park You-You  Jiaxing Seagull Paper             78.39
 Trading: Co., Ltd.               Products Co., Ltd.
Suzhou Industrial Park You-You   Shenda Paper Product              78.39
 Trading Co., Ltd.                Factory.
Suzhou Industrial Park You-You   Lianyi Paper Product              78.39
 Trading Co., Ltd.                Factory.
Suzhou Industrial Park You-You   Changhang Paper Product           78.39
 Trading: Co., Ltd.               Factory.
Suzhou Industrial Park You-You   Tianlong Paper Product            78.39
 Trading Co., Ltd.                Factory.
Suzhou Industrial Park You-You   Rugao PaDer Printer               78.39
 Trading: Co., Ltd.               Co., Ltd.
Suzhou Industrial Park You-You   Yinlong Paper Product             78.39
 Trading Co., Ltd.                Factory.
You You Paper Products (Suzhou)  You You Paper Products            78.39
 Co., Ltd.                        (Suzhou) Co., Ltd.
Haijing Stationery (Shanghai)    Haijing Stationery                78.39
 Co., Ltd.                        (Shanghai) Co., Ltd.
Orient International Holding     Yalong Paper Products             78.39
 Shanghai Foreign Trade Co.,      Ltd (Kunshan) Co., Ltd.
 Ltd.
Orient International Holding     Shanghai Cornwell                 78.39
 Shanghai Foreign Trade Co.,      Stationery Co., Ltd.
 Ltd.
Orient International Holding     Yuezhou PaDer Co., Ltd.           78.39
 Shanghai Foreign Trade Co.,
 Ltd.
Orient International Holding     Changshu Guangming                78.39
 Shanghai Foreign Trade Co.,      Stationery Co., Ltd.
 Ltd.
Shanghai Foreign Trade           Shanghai Xin Zhi Liang            78.39
 Enterprise Co., Ltd.             Culture Products Co.,
                                  Ltd.
Shanghai Foreign Trade           Shangyu Zhongsheng                78.39
 Enterprise Co., Ltd.             Paper Products Co.,
                                  Ltd.
Shanghai Foreign Trade           Shanghai Miaoxi Paper             78.39
 Enteprise Co., Ltd.              Products Factory;.
Shanghai Foreign Trade           Shanghai Xueya                    78.39
 Enterprise Co., Ltd.             Stationery Co., Ltd.
Anhui Light Industries           Shanghai Pudong Wenbao            78.39
 International Co., Ltd.          Paper Products
                                  Factory;.
Anhui Light Industries           Foshan City Wenhai                78.39
 International Co., Ltd.          Paper Factory.
Fujian Hengda Group Co., Ltd...  Fujian Hengda Group               78.39
                                  Co., Ltd.
Changshu Changjiang Printing     Changshu Changjiang               78.39
 Co., Ltd.                        Paper Industry Co.,
                                  Ltd.
Jiaxing Te Gao Te Paper          Jiaxing Te Gao Te Paper           78.39
 Products Co., Ltd.               Products Co., Ltd.
Jiaxing Te Gao Te Paper          Jiaxing Seagull Paper             78.39
 Products Co., Ltd.               Products Co., Ltd.
Jiaxing Te Gao Te Paper          Jiaxing Boshi Paper               78.39
 Products Co., Ltd.               Products Co., Ltd.
Chinapack Ningbo Paper Products  Jiaxing Te Gao Te Paper           78.39
 Co., Ltd.                        Products Co., Ltd.
Linqing Silver Star Paper        Linqing Silver Star               78.39
 Products Co., Ltd.               Paper Products Co.,
                                  Ltd.
Wah Kin Stationery and Paper     Shenzhen Baoan Waijing            78.39
 Product Limited.                 Development Company.
Shanghai Pudong Wenbao Paper     Shanghai Pudong Wenbao            78.39
 Products Factory.                Paper Products Factory.
Shanghai Pudong Wenbao Paper     Linqing Glistar Paper             78.39
 Products Factory.                Products Co., Ltd.
Shanghai Pudong Wenbao Paper     Changshu Changjiang               78.39
 Products Factory.                Printing Co., Ltd.
Shanghai Pudong Wenbao Paper     Linqing Silver Star               78.39
 Products Factory.                Paper Products Co.,
                                  Ltd.
Paperline Limited..............  Shanghai Pudong Wenbao            78.39
                                  Paper Products Factory.
Paperline Limited..............  Linqing Glistar Paper             78.39
                                  Products Co., Ltd.
Paperline Limited..............  Changshu Changjiang               78.39
                                  Printing Co., Ltd.
Paperline Limited..............  Linqing Silver Star               78.39
                                  Paper Products Co.,
                                  Ltd.
Paperline Limited..............  Jiaxing Te Gao Te Paper           78.39
                                  Products Co., Ltd.
Paperline Limited..............  Yantai License Printing           78.39
                                  & Making Co., Ltd.
Yantai License Printing &        Yantai License Printing           78.39
 Making Co., Ltd.                 & Making Co., Ltd.
Paperline Limited..............  Anhui Jinhua Import &             78.39
                                  Export Co., Ltd.
Essential Industries Limited...  Dongguan Yizhi Gao                78.39
                                  Paper Products Ltd.
MGA Entertainment (H.K.)         Kon Dai (Far East)                78.39
 Limited.                         Packaging Co., Ltd.
MGA Entertainment (H.K.)         Dong Guan Huang Giang             78.39
 Limited.                         Rong Da Printing
                                  Factory.
MGA Entertainment (H.K.)         Dong Guan Huang Giang             78.39
 Limited.                         Da Printing Co.,
                                  Limited.
Excel Sheen Limited............  Dongguan Shipai Fuda              78.39
                                  Stationery Factory.
Maxleaf Stationery Ltd.........  Maxleaf Stationery Ltd.           78.39
PRC Entity*....................  .......................          258.21
------------------------------------------------------------------------
 *Including Atico, Planet International, and the companies that did not
  respond to the Q&V questionnaire.

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act, we will instruct U.S. 
Customs and Border Protection (``CBP'') to continue to suspend 
liquidation of all entries of subject merchandise from the PRC entered, 
or withdrawn from warehouse, for consumption on or after April 17, 
2006, the date of publication of the Preliminary Determination. For 
those companies for which we found critical circumstances to exist, we 
will instruct CBP to continue to suspend liquidation of all entries of 
subject merchandise from the PRC entered, or withdrawn from warehouse, 
for consumption on or after January 17, 2006, which is 90 days prior to 
the date of publication of the preliminary determination. CBP shall 
continue to require a cash deposit equal to the estimated amount by 
which the normal value exceeds the U.S. price as shown above. These 
instructions suspending liquidation will remain in effect until further 
notice.

[[Page 53086]]

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the 
ITC of our final determination of sales at LTFV. As our final 
determination is affirmative, in accordance with section 735(b)(2) of 
the Act, the ITC will determine within 45 days whether the domestic 
industry in the United States is materially injured, or threatened with 
material injury, by reason of imports of CLPP, or sales (or the 
likelihood of sales) for importation, of the subject merchandise. If 
the ITC determines that material injury or threat of material injury 
does not exist, the proceeding will be terminated and all securities 
posted will be refunded or canceled. If the ITC determines that such 
injury does exist, the Department will issue an antidumping duty order 
directing CBP to assess antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation. If the ITC determines that material injury, or threat of 
material injury does exist, but finds no critical circumstances, the 
Department will instruct CBP refund or cancel all securities posted 
prior to April 17, 2006.

Notification Regarding APO

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to administrative protective order (``APO'') of their 
responsibility concerning the destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
written notification of the return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.
    We are issuing and publishing this determination and notice in 
accordance with sections 735(d) and 777(i) of the Act.

    Dated: August 30, 2006.
David M. Spooner,
Assistant Secretary, for Import Administration.
[FR Doc. 06-7538 Filed 9-7-06; 8:45 am]
BILLING CODE 3510-DS-M