Certain Lined Paper Products From India: Notice of Partial Rescission of Antidumping Duty Administrative Review and Extension of Time Limit for the Preliminary Results of Antidumping Duty Administrative Review, 21781-21783 [E9-10960]
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Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Notices
information should contact Timi
Nickerson Kenealy at (202) 203–4545.
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Timi Nickerson Kenealy,
Acting Legal Counsel.
[FR Doc. E9–11062 Filed 5–7–09; 4:15 pm]
Proposed Information Collection;
Comment Request; Unprocessed
Western Red Cedar
BILLING CODE 8610–01–P
AGENCY: Bureau of Industry and
Security, Department of Commerce.
ACTION: Notice.
COMMISSION ON CIVIL RIGHTS
Agenda and Notice of Public Meeting
of the Rhode Island Advisory
Committee
Notice is hereby given, pursuant to
the provisions of the rules and
regulations of the U.S. Commission on
Civil Rights and the Federal Advisory
Committee Act, that a planning meeting
and briefing meeting of the Rhode
Island Advisory Committee will
convene at 11 a.m. on Wednesday, May
27, 2009, at the University of Rhode
Island, Feinstein Campus, 80
Washington Street, Providence, Rhode
Island. The purpose of the planning
meeting is for the Committee to discuss
its June briefing. The purpose of the
briefing meeting is to meet with the
Rhode Island Roundtable to discuss the
recently released ‘‘Strategic Plan’’
issued by the Rhode Island Police
Chiefs.
Members of the public are entitled to
submit written comments. The address
is U.S. Commission on Civil Rights,
Eastern Regional Office, 624 Ninth
Street, NW., Suite 740, Washington, DC
20425. Persons wishing to e-mail their
comments, present their comments at
the meeting, or who desire additional
information should contact Alfreda
Greene, Secretary, at 202–376–7533 or
by e-mail to: ero@usccr.gov.
Hearing-impaired persons who will
attend the meeting and require the
services of a sign language interpreter
should contact the Regional Office at
least ten (10) working days before the
scheduled date of the meeting.
Records generated from this meeting
may be inspected and reproduced at the
Eastern Regional Office, as they become
available, both before and after the
meeting. Persons interested in the work
of this advisory committee are advised
to go to the Commission’s Web site,
https://www.usccr.gov, or to contact the
Eastern Regional Office at the above email or street address.
The meeting will be conducted
pursuant to the rules and regulations of
the Commission and FACA.
Dated in Washington, DC, May 6, 2009.
Christopher Byrnes,
Chief, Regional Programs Coordination Unit.
[FR Doc. E9–10946 Filed 5–8–09; 8:45 am]
BILLING CODE P
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SUMMARY: The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before July 10, 2009.
ADDRESSES: Direct all written comments
to Diana Hynek, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 7845,
14th and Constitution Avenue, NW.,
Washington, DC 20230 (or via the
Internet at dHynek@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Larry Hall, BIS ICB Liaison,
(202) 482–4895, lhall@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
This collection of information is
needed to enforce section 7(i) of the
Export Administration Act’s prohibition
against the export of western red cedar
logs harvested from State or Federal
lands.
II. Method of Collection
Submitted electronically or in paper
form.
III. Data
OMB Control Number: 0694–0025.
Form Number(s): None.
Type of Review: Regular submission.
Affected Public: Business or other forprofit organizations.
Estimated Number of Respondents:
35.
Estimated Time per Response: 30 to
105 minutes.
Estimated Total Annual Burden
Hours: 35.
Estimated Total Annual Cost to
Public: $0.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
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21781
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: May 5, 2009.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E9–10817 Filed 5–8–09; 8:45 am]
BILLING–CODE–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–843]
Certain Lined Paper Products From
India: Notice of Partial Rescission of
Antidumping Duty Administrative
Review and Extension of Time Limit for
the Preliminary Results of
Antidumping Duty Administrative
Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 11, 2009.
FOR FURTHER INFORMATION CONTACT:
George McMahon or Stephanie Moore,
AD/CVD Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–1167 or (202) 482–
3692, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 2, 2008, the
Department of Commerce (the
Department) published a notice of
opportunity to request an administrative
review of the antidumping duty order
on certain lined paper products (CLPP)
from India. See Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
To Request Administrative Review, 73
FR 51272 (September 2, 2008). Pursuant
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21782
Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Notices
to requests from interested parties,1 the
Department published in the Federal
Register the notice of initiation of this
antidumping duty administrative review
with respect to 25 companies, including
Kejriwal Paper Limited (Kejriwal) for
the period September 1, 2007, through
August 30, 2008. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Deferral of
Administrative Review, 73 FR 64305
(October 29, 2008) (Notice of
Initiation).2 On November 25, 2008, the
Department selected Kejriwal and Blue
Bird India Ltd. (Blue Bird) as companies
to be individually examined in the
second administrative review of the
antidumping duty order on CLPP from
India. See memorandum to Melissa
Skinner from George McMahon titled
‘‘Certain Lined Paper Products from
India: Selection of Respondents for
Individual Review,’’ dated November
25, 2008. On December 22, 2008, both
Kejriwal and the Association timely
withdrew their requests for review of
Kejriwal. On January 9, 2009, after we
determined that we would rescind the
review with respect to Kejriwal, we
selected Navneet as a mandatory
respondent.
Scope of the Order
The scope of this order includes
certain lined paper products, typically
school supplies (for purposes of this
1 On September 29, 2008, the Department
received a timely request for an administrative
review filed on behalf of Kejriwal Paper Limited
and a timely request for an administrative review
filed on behalf of Navneet Publications (India)
Limited (Navneet). On September 30, 2008, the
Department received timely requests for an
administrative review of the following 25
companies, filed on behalf of the Association of
American School Paper Suppliers (the Association),
a domestic interested party: Agility Logistics Pvt.
Ltd., Blue Bird India Ltd., Ceal Shipping Logistics
Pvt. Ltd., Cello International Pvt. Ltd., Corporate
Stationary Pvt. Ltd., Creative Divya, Exel India Pvt.
Ltd., FFI International, Global Art India Inc.,
International Greetings Pvt. Ltd., Karim General
Handmade Paper DIAR, Kejriwal Exports, M/S
Super ImpEx., Magic International, Marigold ExIm
Pvt. Ltd., Marisa International, Navneet
Publications (India) Ltd., Pentagon Waterlines Pvt.
Ltd., Pioneer Stationery Pvt. Ltd., Rajvansh
International, Riddhi Enterprises, SAB
International, TKS Overseas, Unlimited Accessories
Worldwide, and V. Joshi Co.
2 See also Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 73 FR
70964 (November 24, 2008) at footnote 1, in which
the Department states, ‘‘{w}e note that the
Department erred by inadvertently including the
manufacturer/exporter name: ‘‘Ria ImpEx Pvt. Ltd.’’
in the prior initiation notice under case number A–
533–843 for the period of review: 9/1/07–8/31/08.
See 73 FR 64305 (October 29, 2008). The
Department did not receive a timely request to
review Ria ImpEx Pvt. Ltd. for case number A–533–
843, therefore, the Department retracts its initiation
of an administrative review of the antidumping
order with respect to Ria ImpEx Pvt. Ltd. for the
period of review 9/1/07–8/31/08.’’
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scope definition, the actual use of or
labeling these products as school
supplies or non-school supplies is not a
defining characteristic) composed of or
including paper that incorporates
straight horizontal and/or vertical lines
on ten or more paper sheets (there shall
be no minimum page requirement for
loose leaf filler paper) including but not
limited to such products as single- and
multi-subject notebooks, composition
books, wireless notebooks, loose leaf or
glued filler paper, graph paper, and
laboratory notebooks, and with the
smaller dimension of the paper
measuring 6 inches to 15 inches
(inclusive) and the larger dimension of
the paper measuring 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
order whether or not the lined paper
and/or cover are hole punched, drilled,
perforated, and/or reinforced. Subject
merchandise may contain accessory or
informational items including but not
limited to pockets, tabs, dividers,
closure devices, index cards, stencils,
protractors, writing implements,
reference materials such as
mathematical tables, or printed items
such as sticker sheets or miniature
calendars, if such items are physically
incorporated, included with, or attached
to the product, cover and/or backing
thereto.
Specifically excluded from the scope
of this order are:
• Unlined copy machine paper;
• Writing pads with a backing
(including but not limited to products
commonly known as ‘‘tablets,’’ ‘‘note
pads,’’ ‘‘legal pads,’’ and ‘‘quadrille
pads’’), provided that they do not have
a front cover (whether permanent or
removable). This exclusion does not
apply to such writing pads if they
consist of hole-punched or drilled filler
paper;
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• Three-ring or multiple-ring binders,
or notebook organizers incorporating
such a ring binder provided that they do
not include subject paper;
• Index cards;
• Printed books and other books that
are case bound through the inclusion of
binders board, a spine strip, and cover
wrap;
• Newspapers;
• Pictures and photographs;
• Desk and wall calendars and
organizers (including but not limited to
such products generally known as
‘‘office planners,’’ ‘‘time books,’’ and
‘‘appointment books’’);
• Telephone logs;
• Address books;
• Columnar pads & tablets, with or
without covers, primarily suited for the
recording of written numerical business
data;
• Lined business or office forms,
including but not limited to: Pre-printed
business forms, lined invoice pads and
paper, mailing and address labels,
manifests, and shipping log books;
• Lined continuous computer paper;
• Boxed or packaged writing
stationery (including but not limited to
products commonly known as ‘‘fine
business paper,’’ ‘‘parchment paper,’’
and ‘‘letterhead’’), whether or not
containing a lined header or decorative
lines;
• Stenographic pads (‘‘steno pads’’),
Gregg ruled (‘‘Gregg ruling’’ consists of
a single- or double-margin vertical
ruling line down the center of the page.
For a six-inch by nine-inch stenographic
pad, the ruling would be located
approximately three inches from the left
of the book), measuring 6 inches by 9
inches;
Also excluded from the scope of this
order are the following trademarked
products:
• FlyTM lined paper products: A
notebook, notebook organizer, loose or
glued note paper, with papers that are
printed with infrared reflective inks and
readable only by a FlyTM pen-top
computer. The product must bear the
valid trademark FlyTM (products found
to be bearing an invalidly licensed or
used trademark are not excluded from
the scope).
• ZwipesTM: A notebook or notebook
organizer made with a blended
polyolefin writing surface as the cover
and pocket surfaces of the notebook,
suitable for writing using a 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
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Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Notices
the ink to be removed. The product
must bear the valid trademark ZwipesTM
(products found to be bearing an
invalidly licensed or used trademark are
not excluded from the scope).
• FiveStar®AdvanceTM: A notebook
or notebook organizer bound by a
continuous spiral, or helical, wire and
with plastic front and rear covers made
of a blended polyolefin plastic material
joined by 300 denier polyester, coated
on the backside with PVC (poly vinyl
chloride) coating, and extending the
entire length of the spiral or helical
wire. The polyolefin plastic covers are
of specific thickness; front cover is
0.019 inches (within normal
manufacturing tolerances) and rear
cover is 0.028 inches (within normal
manufacturing tolerances). Integral with
the stitching that attaches the polyester
spine covering, is captured both ends of
a 1″ wide elastic fabric band. This band
is located 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 (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
0.019 inches (within normal
manufacturing tolerances) and rear
cover is 0.028 inches (within normal
manufacturing tolerances). During
construction, the polyester covering is
sewn to the front cover face to face
(outside to outside) so that when the
book is closed, the stitching is
concealed from the outside. During
construction, the polyester cover is
sewn to the back cover with the outside
of the polyester spine cover to the inside
back cover. Both free ends (the ends not
sewn to the cover and back) are stitched
with a turned edge construction. Each
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15:05 May 08, 2009
Jkt 217001
ring within the fixture is comprised of
a flexible strap portion that snaps into
a stationary post which forms a closed
binding ring. The ring fixture is riveted
with six metal rivets and sewn to the
back plastic cover and is specifically
positioned on the outside back cover.
The product must bear the valid
trademark FiveStar FlexTM (products
found to be bearing an invalidly
licensed or used trademark are not
excluded from the scope).
Merchandise subject to this order is
typically imported under headings
4820.10.2050, 4810.22.5044,
4811.90.9050, 4811.90.9090,
4820.10.2010, 4820.10.2020, and
4820.10.4000 of the Harmonized Tariff
Schedule of the United States (HTSUS).
The HTSUS headings are provided for
convenience and customs purposes;
however, the written description of the
scope of the order is dispositive.
Extension of Time Limit of Preliminary
Results
The preliminary results of this review
are currently due no later than June 2,
2009. Section 751(a)(3)(A) of the Tariff
Act of 1930, as amended (the Act),
requires the Department to make a
preliminary determination in an
administrative review within 245 days
after the last day of the anniversary
month of an order or finding for which
a review is requested. Consistent with
section 751(a)(3)(A) of the Act, the
Department may extend the 245-day
period to 365 days if it is not practicable
to complete the review within a 245-day
period.
We determine that completion of the
preliminary results of this review within
the 245-day period is not practicable.
Specifically, after Kejriwal timely
withdrew from the administrative
review, the Department selected
Navneet as a mandatory respondent and
on January 9, 2009, issued a
questionnaire to the company. See
Questionnaire to Navneet dated January
9, 2009. In addition, we need additional
time to thoroughly consider the
responses to the supplemental
questionnaires the Department has sent
to Navneet.
Therefore, we are extending the time
period for issuing the preliminary
results of review by 120 days to
September 30, 2009, in accordance with
section 751(a)(3)(A) of the Act and 19
CFR § 351.213(h)(2). Therefore, the
preliminary results are now due no later
than September 30, 2009. The final
results continue to be due 120 days after
publication of the preliminary results.
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21783
Partial Rescission of the 2007–2008
Administrative Review
On December 22, 2008, the
Association withdrew its request for
review of Kejriwal, and Kejriwal
notified the Department that it was also
withdrawing its request for review. In
accordance with 19 CFR 351.213(d)(1)
the Department will rescind an
administrative review ‘‘if a party that
requested the review withdraws the
request within 90 days of the date of
publication of notice of initiation of the
requested review.’’ The instant review
was initiated on October 29, 2008. See
Initiation Notice. Therefore, the
deadline to withdraw review requests
was January 27, 2009. The Association
and Kejriwal’s withdrawals of request
for review fall within the deadline for
rescission by the Department. Therefore,
in accordance with 19 CFR
351.213(d)(1), and consistent with our
practice, we are rescinding this review
with respect to Kejriwal. See, e.g., Brass
Sheet and Strip from Germany: Notice
of Rescission of Antidumping Duty
Administrative Review, 73 FR 49170
(August 20, 2008).
Assessment
The Department will instruct U.S.
Customs and Border Protection (‘‘CBP’’)
to assess antidumping duties on all
appropriate entries. For the company for
which this review is rescinded,
antidumping duties shall be assessed at
rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i). Because an injunction
is in effect for entries from Kejriwal
entered on or after April 17, 2006, the
Department will issue appropriate
assessment instructions directly to CBP
when the injunction is lifted.
This notice is issued and published in
accordance with sections 751(a)(1),
751(a)(3)(A), and 777(i)(1) of the Act,
and 19 CFR 351.213(d)(4).
Dated: May 5, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. E9–10960 Filed 5–8–09; 8:45 am]
BILLING CODE 3510–DS–P
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Agencies
[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
[Notices]
[Pages 21781-21783]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10960]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-843]
Certain Lined Paper Products From India: Notice of Partial
Rescission of Antidumping Duty Administrative Review and Extension of
Time Limit for the Preliminary Results of Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 11, 2009.
FOR FURTHER INFORMATION CONTACT: George McMahon or Stephanie Moore, AD/
CVD Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
1167 or (202) 482-3692, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 2, 2008, the Department of Commerce (the Department)
published a notice of opportunity to request an administrative review
of the antidumping duty order on certain lined paper products (CLPP)
from India. See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative Review,
73 FR 51272 (September 2, 2008). Pursuant
[[Page 21782]]
to requests from interested parties,\1\ the Department published in the
Federal Register the notice of initiation of this antidumping duty
administrative review with respect to 25 companies, including Kejriwal
Paper Limited (Kejriwal) for the period September 1, 2007, through
August 30, 2008. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Deferral of Administrative Review, 73 FR
64305 (October 29, 2008) (Notice of Initiation).\2\ On November 25,
2008, the Department selected Kejriwal and Blue Bird India Ltd. (Blue
Bird) as companies to be individually examined in the second
administrative review of the antidumping duty order on CLPP from India.
See memorandum to Melissa Skinner from George McMahon titled ``Certain
Lined Paper Products from India: Selection of Respondents for
Individual Review,'' dated November 25, 2008. On December 22, 2008,
both Kejriwal and the Association timely withdrew their requests for
review of Kejriwal. On January 9, 2009, after we determined that we
would rescind the review with respect to Kejriwal, we selected Navneet
as a mandatory respondent.
---------------------------------------------------------------------------
\1\ On September 29, 2008, the Department received a timely
request for an administrative review filed on behalf of Kejriwal
Paper Limited and a timely request for an administrative review
filed on behalf of Navneet Publications (India) Limited (Navneet).
On September 30, 2008, the Department received timely requests for
an administrative review of the following 25 companies, filed on
behalf of the Association of American School Paper Suppliers (the
Association), a domestic interested party: Agility Logistics Pvt.
Ltd., Blue Bird India Ltd., Ceal Shipping Logistics Pvt. Ltd., Cello
International Pvt. Ltd., Corporate Stationary Pvt. Ltd., Creative
Divya, Exel India Pvt. Ltd., FFI International, Global Art India
Inc., International Greetings Pvt. Ltd., Karim General Handmade
Paper DIAR, Kejriwal Exports, M/S Super ImpEx., Magic International,
Marigold ExIm Pvt. Ltd., Marisa International, Navneet Publications
(India) Ltd., Pentagon Waterlines Pvt. Ltd., Pioneer Stationery Pvt.
Ltd., Rajvansh International, Riddhi Enterprises, SAB International,
TKS Overseas, Unlimited Accessories Worldwide, and V. Joshi Co.
\2\ See also Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 73 FR 70964 (November 24, 2008) at footnote
1, in which the Department states, ``{w{time} e note that the
Department erred by inadvertently including the manufacturer/
exporter name: ``Ria ImpEx Pvt. Ltd.'' in the prior initiation
notice under case number A-533-843 for the period of review: 9/1/07-
8/31/08. See 73 FR 64305 (October 29, 2008). The Department did not
receive a timely request to review Ria ImpEx Pvt. Ltd. for case
number A-533-843, therefore, the Department retracts its initiation
of an administrative review of the antidumping order with respect to
Ria ImpEx Pvt. Ltd. for the period of review 9/1/07-8/31/08.''
---------------------------------------------------------------------------
Scope of the Order
The scope of this order includes certain lined paper products,
typically school supplies (for purposes of this scope definition, the
actual use of or labeling these products as school supplies or non-
school supplies is not a defining characteristic) composed of or
including paper that incorporates straight horizontal and/or vertical
lines on ten or more paper sheets (there shall be no minimum page
requirement for loose leaf filler paper) including but not limited to
such products as single- and multi-subject notebooks, composition
books, wireless notebooks, loose leaf or glued filler paper, graph
paper, and laboratory notebooks, and with the smaller dimension of the
paper measuring 6 inches to 15 inches (inclusive) and the larger
dimension of the paper measuring 8\3/4\ inches to 15 inches
(inclusive). Page dimensions are measured size (not advertised, stated,
or ``tear-out'' size), and are measured as they appear in the product
(i.e., stitched and folded pages in a notebook are measured by the size
of the page as it appears in the notebook page, not the size of the
unfolded paper). However, for measurement purposes, pages with tapered
or rounded edges shall be measured at their longest and widest points.
Subject lined paper products may be loose, packaged or bound using any
binding method (other than case bound through the inclusion of binders
board, a spine strip, and cover wrap). Subject merchandise may or may
not contain any combination of a front cover, a rear cover, and/or
backing of any composition, regardless of the inclusion of images or
graphics on the cover, backing, or paper. Subject merchandise is within
the scope of this order whether or not the lined paper and/or cover are
hole punched, drilled, perforated, and/or reinforced. Subject
merchandise may contain accessory or informational items including but
not limited to pockets, tabs, dividers, closure devices, index cards,
stencils, protractors, writing implements, reference materials such as
mathematical tables, or printed items such as sticker sheets or
miniature calendars, if such items are physically incorporated,
included with, or attached to the product, cover and/or backing
thereto.
Specifically excluded from the scope of this order are:
Unlined copy machine paper;
Writing pads with a backing (including but not limited to
products commonly known as ``tablets,'' ``note pads,'' ``legal pads,''
and ``quadrille pads''), provided that they do not have a front cover
(whether permanent or removable). This exclusion does not apply to such
writing pads if they consist of hole-punched or drilled filler paper;
Three-ring or multiple-ring binders, or notebook
organizers incorporating such a ring binder provided that they do not
include subject paper;
Index cards;
Printed books and other books that are case bound through
the inclusion of binders board, a spine strip, and cover wrap;
Newspapers;
Pictures and photographs;
Desk and wall calendars and organizers (including but not
limited to such products generally known as ``office planners,'' ``time
books,'' and ``appointment books'');
Telephone logs;
Address books;
Columnar pads & tablets, with or without covers, primarily
suited for the recording of written numerical business data;
Lined business or office forms, including but not limited
to: Pre-printed business forms, lined invoice pads and paper, mailing
and address labels, manifests, and shipping log books;
Lined continuous computer paper;
Boxed or packaged writing stationery (including but not
limited to products commonly known as ``fine business paper,''
``parchment paper,'' and ``letterhead''), whether or not containing a
lined header or decorative lines;
Stenographic pads (``steno pads''), Gregg ruled (``Gregg
ruling'' consists of a single- or double-margin vertical ruling line
down the center of the page. For a six-inch by nine-inch stenographic
pad, the ruling would be located approximately three inches from the
left of the book), measuring 6 inches by 9 inches;
Also excluded from the scope of this order are the following
trademarked products:
FlyTM lined paper products: A notebook,
notebook organizer, loose or glued note paper, with papers that are
printed with infrared reflective inks and readable only by a
FlyTM pen-top computer. The product must bear the valid
trademark FlyTM (products found to be bearing an invalidly
licensed or used trademark are not excluded from the scope).
ZwipesTM: A notebook or notebook organizer made
with a blended polyolefin writing surface as the cover and pocket
surfaces of the notebook, suitable for writing using a specially-
developed permanent marker and erase system (known as a
ZwipesTM pen). This system allows the marker portion to mark
the writing surface with a permanent ink. The eraser portion of the
marker dispenses a solvent capable of solubilizing the permanent ink
allowing
[[Page 21783]]
the ink to be removed. The product must bear the valid trademark
ZwipesTM (products found to be bearing an invalidly licensed
or used trademark are not excluded from the scope).
FiveStar[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 0.019 inches (within normal
manufacturing tolerances) and rear cover is 0.028 inches (within normal
manufacturing tolerances). Integral with the stitching that attaches
the polyester spine covering, is captured both ends of a 1'' wide
elastic fabric band. This band is located 2\3/8\'' from the top of the
front plastic cover and provides pen or pencil storage. Both ends of
the spiral wire are cut and then bent backwards to overlap with the
previous coil but specifically outside the coil diameter but inside the
polyester covering. During construction, the polyester covering is sewn
to the front and rear covers face to face (outside to outside) so that
when the book is closed, the stitching is concealed from the outside.
Both free ends (the ends not sewn to the cover and back) are stitched
with a turned edge construction. The flexible polyester material forms
a covering over the spiral wire to protect it and provide a comfortable
grip on the product. The product must bear the valid trademarks
FiveStar[supreg]AdvanceTM (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 0.019 inches
(within normal manufacturing tolerances) and rear cover is 0.028 inches
(within normal manufacturing tolerances). During construction, the
polyester covering is sewn to the front cover face to face (outside to
outside) so that when the book is closed, the stitching is concealed
from the outside. During construction, the polyester cover is sewn to
the back cover with the outside of the polyester spine cover to the
inside back cover. Both free ends (the ends not sewn to the cover and
back) are stitched with a turned edge construction. Each ring within
the fixture is comprised of a flexible strap portion that snaps into a
stationary post which forms a closed binding ring. The ring fixture is
riveted with six metal rivets and sewn to the back plastic cover and is
specifically positioned on the outside back cover. The product must
bear the valid trademark FiveStar FlexTM (products found to
be bearing an invalidly licensed or used trademark are not excluded
from the scope).
Merchandise subject to this order is typically imported under
headings 4820.10.2050, 4810.22.5044, 4811.90.9050, 4811.90.9090,
4820.10.2010, 4820.10.2020, and 4820.10.4000 of the Harmonized Tariff
Schedule of the United States (HTSUS). The HTSUS headings are provided
for convenience and customs purposes; however, the written description
of the scope of the order is dispositive.
Extension of Time Limit of Preliminary Results
The preliminary results of this review are currently due no later
than June 2, 2009. Section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), requires the Department to make a preliminary
determination in an administrative review within 245 days after the
last day of the anniversary month of an order or finding for which a
review is requested. Consistent with section 751(a)(3)(A) of the Act,
the Department may extend the 245-day period to 365 days if it is not
practicable to complete the review within a 245-day period.
We determine that completion of the preliminary results of this
review within the 245-day period is not practicable. Specifically,
after Kejriwal timely withdrew from the administrative review, the
Department selected Navneet as a mandatory respondent and on January 9,
2009, issued a questionnaire to the company. See Questionnaire to
Navneet dated January 9, 2009. In addition, we need additional time to
thoroughly consider the responses to the supplemental questionnaires
the Department has sent to Navneet.
Therefore, we are extending the time period for issuing the
preliminary results of review by 120 days to September 30, 2009, in
accordance with section 751(a)(3)(A) of the Act and 19 CFR Sec.
351.213(h)(2). Therefore, the preliminary results are now due no later
than September 30, 2009. The final results continue to be due 120 days
after publication of the preliminary results.
Partial Rescission of the 2007-2008 Administrative Review
On December 22, 2008, the Association withdrew its request for
review of Kejriwal, and Kejriwal notified the Department that it was
also withdrawing its request for review. In accordance with 19 CFR
351.213(d)(1) the Department will rescind an administrative review ``if
a party that requested the review withdraws the request within 90 days
of the date of publication of notice of initiation of the requested
review.'' The instant review was initiated on October 29, 2008. See
Initiation Notice. Therefore, the deadline to withdraw review requests
was January 27, 2009. The Association and Kejriwal's withdrawals of
request for review fall within the deadline for rescission by the
Department. Therefore, in accordance with 19 CFR 351.213(d)(1), and
consistent with our practice, we are rescinding this review with
respect to Kejriwal. See, e.g., Brass Sheet and Strip from Germany:
Notice of Rescission of Antidumping Duty Administrative Review, 73 FR
49170 (August 20, 2008).
Assessment
The Department will instruct U.S. Customs and Border Protection
(``CBP'') to assess antidumping duties on all appropriate entries. For
the company for which this review is rescinded, antidumping duties
shall be assessed at rates equal to the cash deposit of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i).
Because an injunction is in effect for entries from Kejriwal entered on
or after April 17, 2006, the Department will issue appropriate
assessment instructions directly to CBP when the injunction is lifted.
This notice is issued and published in accordance with sections
751(a)(1), 751(a)(3)(A), and 777(i)(1) of the Act, and 19 CFR
351.213(d)(4).
Dated: May 5, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. E9-10960 Filed 5-8-09; 8:45 am]
BILLING CODE 3510-DS-P