Notice of Amended Final Results of the Antidumping Duty Administrative Review of Certain Lined Paper Products from the People's Republic of China, 68036-68038 [E9-30396]
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68036
Federal Register / Vol. 74, No. 244 / Tuesday, December 22, 2009 / Notices
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
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: December 17, 2009.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E9–30384 Filed 12–21–09; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–901
Notice of Amended Final Results of the
Antidumping Duty Administrative
Review of Certain Lined Paper
Products from the People’s Republic
of China
srobinson on DSKHWCL6B1PROD with NOTICES
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: December 22, 2009.
FOR FURTHER INFORMATION CONTACT:
Victoria Cho, AD/CVD Operations,
Office 3, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230; telephone; (202)
482–5075.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 751(h)
and 777(i)(1) of the Tariff Act of 1930,
as amended (the ‘‘Act’’) on April 14,
2009, the Department of Commerce
(‘‘the Department’’) published its final
results of the administrative review for
Certain Lined Paper Products (‘‘CLPP’’)
from the People’s Republic of China
(‘‘PRC’’) for the period from April 17,
2006, through August 31, 2007. See
VerDate Nov<24>2008
18:01 Dec 21, 2009
Jkt 220001
Certain Lined Paper Products from the
People’s Republic of China: Notice of
Final Results of the Antidumping Duty
Administrative Review, 74 FR 17160
(April 14, 2009) (‘‘Final Results’’).
On April 14, 2009, Shanghai Lian Li
Paper Products Co., Ltd. (‘‘Lian Li’’)
timely filed its ministerial error
allegations, pursuant to 19 CFR
351.224(c). On April 17, 2009, the
Association of American Paper
Suppliers (petitioner) filed a summons
and complaint with the Court of
International Trade challenging various
aspects of the Final Results. On April
21, 2009, the petitioner filed comments
in response to Lian Li’s ministerial error
allegations, and on April 23, 2009, Lian
Li filed comments regarding the
petitioner’s April 21, 2009, comments.
The Department has not found it
practicable to analyze the comments
received and correct any potential errors
within 30 days of the publication for the
Final Results.
Scope of the Antidumping Duty Order
The scope of this order includes
certain lined paper products, typically
school supplies (for purposes of this
scope definition, the actual use of or
labeling these products as school
supplies or non-school supplies is not a
defining characteristic) composed of or
including paper that incorporates
straight horizontal and/or vertical lines
on ten or more paper sheets (there shall
be no minimum page requirement for
looseleaf filler paper) including but not
limited to such products as single- and
multi-subject notebooks, composition
books, wireless notebooks, looseleaf or
glued filler paper, graph paper, and
laboratory notebooks, and with the
smaller dimension of the paper
measuring 6 inches to 15 inches
(inclusive) and the larger dimension of
the paper measuring 8–3/4 inches to 15
inches (inclusive). Page dimensions are
measured size (not advertised, stated, or
‘‘tear-out’’ size), and are measured as
they appear in the product (i.e., stitched
and folded pages in a notebook are
measured by the size of the page as it
appears in the notebook page, not the
size of the unfolded paper). However,
for measurement purposes, pages with
tapered or rounded edges shall be
measured at their longest and widest
points. Subject lined paper products
may be loose, packaged or bound using
any binding method (other than case
bound through the inclusion of binders
board, a spine strip, and cover wrap).
Subject merchandise may or may not
contain any combination of a front
cover, a rear cover, and/or backing of
any composition, regardless of the
inclusion of images or graphics on the
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Fmt 4703
Sfmt 4703
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: 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;
E:\FR\FM\22DEN1.SGM
22DEN1
srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 74, No. 244 / Tuesday, December 22, 2009 / Notices
68037
• 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 nineinch 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:
• Fly lined paper products: A
notebook, notebook organizer, loose
or glued note paper, with papers
that are printed with infrared
reflective inks and readable only by
a Fly pen-top computer. The
product must bear the valid
trademark Fly (products found to be
bearing an invalidly licensed or
used trademark are not excluded
from the scope).
• Zwipes : A notebook or notebook
organizer made with a blended
polyolefin writing surface as the
cover and pocket surfaces of the
notebook, suitable for writing using
a specially-developed permanent
marker and erase system (known as
a Zwipes pen). This system allows
the marker portion to mark the
writing surface with a permanent
ink. The eraser portion of the
marker dispenses a solvent capable
of solubilizing the permanent ink
allowing the ink to be removed. The
product must bear the valid
trademark ZwipesTM (products
found to be bearing an invalidly
licensed or used trademark are not
excluded from the scope).
• FiveStar®AdvanceTM : A notebook
or notebook organizer bound by a
continuous spiral, or helical, wire
and with plastic front and rear
covers made of a blended polyolefin
plastic material joined by 300
denier polyester, coated on the
backside with PVC (poly vinyl
chloride) coating, and extending the
entire length of the spiral or helical
wire. The polyolefin plastic covers
are of specific thickness; front cover
is 0.019 inches (within normal
manufacturing tolerances) and rear
cover is 0.028 inches (within
normal manufacturing tolerances).
Integral with the stitching that
attaches the polyester spine
covering, is captured both ends of a
1’’ wide elastic fabric band. This
band is located 2–3/8’’ from the top
of the front plastic cover and
provides pen or pencil storage. Both
ends of the spiral wire are cut and
then bent backwards to overlap
with the previous coil but
specifically outside the coil
diameter but inside the polyester
covering. During construction, the
polyester covering is sewn to the
front and rear covers face to face
(outside to outside) so that when
the book is closed, the stitching is
concealed from the outside. Both
free ends (the ends not sewn to the
cover and back) are stitched with a
turned edge construction. The
flexible polyester material forms a
covering over the spiral wire to
protect it and provide a comfortable
grip on the product. The product
must bear the valid trademarks
FiveStar®AdvanceTM (products
found to be bearing an invalidly
licensed or used trademark are not
excluded from the scope).
• 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
A ministerial error, as defined in
section 751(h) of the Act, ‘‘includes
errors in addition, subtraction, or other
arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error which the
administering authority considers
ministerial.’’ See also 19 CFR 351.224(f).
After analyzing the comments we
received, we have determined, in
accordance with section 751(h) of the
Act and 19 CFR 351.224, that the
Department made two ministerial errors
in our calculations for the final results
with respect to Lian Li.1 Specifically,
the Department inadvertently included
a factor for uncoated paper board
(UNCOATEDlAR) which resulted in
double counting the input value of black
paper board. Additionally, the
Department inadvertently used grey/
white paper board’s input values for
grey paper board. For additional
explanation, see the Ministerial Error
Memo.
Further, we have determined that the
other alleged ministerial errors that the
Department erroneously combined two
factors of production (‘‘FOP’’) databases
and that the Department incorrectly
calculated inland freight are
methodological, not ministerial, in
nature. Therefore, we have made no
changes to our calculations with respect
to Lian Li’s FOP database or inland
freight. For additional explanation, see
the Ministerial Error Memo.
We are revising the review-specific
average rate to reflect the weighted
average rate based on the amended
results of the companies subject to the
instant review. See the Ministerial Error
Memo. In accordance with section
751(h) of the Act, we are amending the
final results of the antidumping duty
administrative review of CLPP from the
PRC for the period April 17, 2006,
through August 31, 2007. As a result of
correcting the ministerial errors
discussed above, the following margins
apply:
1 See ‘‘Memorandum from James Terpstra to
Melissa Skinner, Amended Final Results for the
First Antidumping Administrative Review of
Certain Lined Paper Products from the People’s
Republic of China: Ministerial Errors,’’ dated
December 10, 2009. (‘‘Ministerial Error Memo’’).
VerDate Nov<24>2008
18:01 Dec 21, 2009
Jkt 220001
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
subject to this order is typically
imported under headings 4820.10.2050,
4810.22.5044, 4811.90.9090,
4820.10.2010, 4820.10.2020 of the
Harmonized Tariff Schedule of the
United States (HTSUS). The HTSUS
headings are provided for convenience
and customs purposes; however, the
written description of the scope of this
order is dispositive.
Amended Final Results of Review
E:\FR\FM\22DEN1.SGM
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68038
Federal Register / Vol. 74, No. 244 / Tuesday, December 22, 2009 / Notices
Weighted-Average Margin
(Percent)
Exporter
Shanghai Lian Li Paper Products Co., Ltd ................................................................................................................
Hwa Fuh Plastics Co., Ltd./Li Teng Plastics (Shenzhen) Co., Ltd ...........................................................................
Leo’s Quality Products Co., Ltd./Denmax Plastic Stationery Factory .......................................................................
The Watanabe Group (consisting of the following companies) ................................................................................
Watanabe Paper Product (Shanghai) Co., Ltd.
Watanabe Paper Product (Linqing) Co., Ltd.
Hotrock Stationery (Shenzhen) Co., Ltd.
srobinson on DSKHWCL6B1PROD with NOTICES
Assessment of Duties
The Department will determine and
the U.S. Bureau of Customs and Border
Protection (‘‘CBP’’) shall assess
antidumping duties on all appropriate
entries. Except where the Court of
International Trade has issued a
preliminary injunction enjoining the
liquidation of certain entries during the
period of review, we intend to issue
appropriate assessment instructions
directly to CBP 15 days after publication
of these amended final results of review.
For a general discussion of the
application of assessment rates, see
Final Results at 17165.
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of
these amended final results for all
shipments CLLP from the PRC entered,
or withdrawn from warehouse, for
consumption on or after the publication
date of these Final Results (April 14,
2009), as provided by section
751(a)(2)(C) of the Act: (1) for
companies covered by this review, the
cash deposit rate will be the rate listed
above; (2) for previously reviewed or
investigated companies other than those
covered by this review, the cash deposit
rate will be the company-specific rate
established for the most recent period;
(3) if the exporter is not a firm covered
in this review, a prior review, or the
less-than-fair-value investigation, but
the producer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the subject merchandise; and (4) if
neither the exporter nor the producer is
a firm covered in this review, a prior
review, or the investigation, the cash
deposit rate will be 258.21 percent, the
PRC-wide rate established in the lessthan-fair-value investigation. These
deposit requirements shall remain in
effect until further notice.
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
VerDate Nov<24>2008
18:01 Dec 21, 2009
Jkt 220001
entries during this review period.
Failure to comply with this requirement
could result in the presumption that
reimbursement of antidumping duties
occurred and the subsequent increase in
antidumping duties by the amount of
antidumping duties reimbursed.
Administrative Protective Order
This notice also is the only reminder
to parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely 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.
These amended final results of
administrative review and notice are
issued and published in accordance
with sections 751(h), and 777(i)(1) of the
Act, and 19 CFR 351.224.
Dated: December 15, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E9–30396 Filed 12–21–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–838]
Carbazole Violet Pigment 23 from
India: Preliminary Results of
Antidumping Duty Administrative
Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
an interested party, the Department of
Commerce (the Department) is
conducting an administrative review of
the antidumping duty order on
carbazole violet pigment 23 from India.
The review covers one manufacturer/
exporter, Alpanil Industries. The period
of review is December 1, 2007, through
PO 00000
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Fmt 4703
Sfmt 4703
16.47
16.47
16.47
16.47
November 30, 2008. We have
preliminarily determined that Alpanil
Industries made sales below normal
value. We invite interested parties to
comment on these preliminary results.
EFFECTIVE DATE: December 22, 2009.
FOR FURTHER INFORMATION CONTACT:
Jerrold Freeman or Yang Jin Chun, AD/
CVD Operations, Office 5, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–0180 and (202)
482–5760, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 29, 2004, we published
in the Federal Register the antidumping
duty order on carbazole violet pigment
23 (CVP 23) from India. See Notice of
Amended Final Determination of Sales
at Less Than Fair Value and
Antidumping Duty Order: Carbazole
Violet Pigment 23 From India, 69 FR
77988 (December 29, 2004). On
December 1, 2008, we published in the
Federal Register a notice of opportunity
to request an administrative review of
the antidumping duty order on CVP 23
from India. See Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
To Request Administrative Review, 73
FR 72764 (December 1, 2008). On
December 30, 2008, pursuant to section
751(a) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.213(b), Alpanil Industries (Alpanil)
requested an administrative review of
the order. On February 2, 2009, in
accordance with section 751(a) of the
Act and 19 CFR 351.221(c)(1)(i), we
published a notice of initiation of
administrative review of the order. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Requests for Revocation in
Part, 74 FR 5821 (February 2, 2009).
On September 3, 2009, we extended
the due date for the completion of the
preliminary results of review from
September 2, 2009, to November 16,
2009. See Carbazole Violet Pigment 23
From India: Extension of Time Limit for
Preliminary Results of Antidumping
E:\FR\FM\22DEN1.SGM
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Agencies
[Federal Register Volume 74, Number 244 (Tuesday, December 22, 2009)]
[Notices]
[Pages 68036-68038]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30396]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-570-901
Notice of Amended Final Results of the Antidumping Duty
Administrative Review of Certain Lined Paper Products from the People's
Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: December 22, 2009.
FOR FURTHER INFORMATION CONTACT: Victoria Cho, AD/CVD Operations,
Office 3, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone; (202) 482-5075.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 751(h) and 777(i)(1) of the Tariff Act
of 1930, as amended (the ``Act'') on April 14, 2009, the Department of
Commerce (``the Department'') published its final results of the
administrative review for Certain Lined Paper Products (``CLPP'') from
the People's Republic of China (``PRC'') for the period from April 17,
2006, through August 31, 2007. See Certain Lined Paper Products from
the People's Republic of China: Notice of Final Results of the
Antidumping Duty Administrative Review, 74 FR 17160 (April 14, 2009)
(``Final Results'').
On April 14, 2009, Shanghai Lian Li Paper Products Co., Ltd.
(``Lian Li'') timely filed its ministerial error allegations, pursuant
to 19 CFR 351.224(c). On April 17, 2009, the Association of American
Paper Suppliers (petitioner) filed a summons and complaint with the
Court of International Trade challenging various aspects of the Final
Results. On April 21, 2009, the petitioner filed comments in response
to Lian Li's ministerial error allegations, and on April 23, 2009, Lian
Li filed comments regarding the petitioner's April 21, 2009, comments.
The Department has not found it practicable to analyze the comments
received and correct any potential errors within 30 days of the
publication for the Final Results.
Scope of the Antidumping Duty Order
The scope of this order includes certain lined paper products,
typically school supplies (for purposes of this scope definition, the
actual use of or labeling these products as school supplies or non-
school supplies is not a defining characteristic) composed of or
including paper that incorporates straight horizontal and/or vertical
lines on ten or more paper sheets (there shall be no minimum page
requirement for looseleaf filler paper) including but not limited to
such products as single- and multi-subject notebooks, composition
books, wireless notebooks, looseleaf or glued filler paper, graph
paper, and laboratory notebooks, and with the smaller dimension of the
paper measuring 6 inches to 15 inches (inclusive) and the larger
dimension of the paper measuring 8-3/4 inches to 15 inches (inclusive).
Page dimensions are measured size (not advertised, stated, or ``tear-
out'' size), and are measured as they appear in the product (i.e.,
stitched and folded pages in a notebook are measured by the size of the
page as it appears in the notebook page, not the size of the unfolded
paper). However, for measurement purposes, pages with tapered or
rounded edges shall be measured at their longest and widest points.
Subject lined paper products may be loose, packaged or bound using any
binding method (other than case bound through the inclusion of binders
board, a spine strip, and cover wrap). Subject merchandise may or may
not contain any combination of a front cover, a rear cover, and/or
backing of any composition, regardless of the inclusion of images or
graphics on the cover, backing, or paper. Subject merchandise is within
the scope of this order whether or not the lined paper and/or cover are
hole punched, drilled, perforated, and/or reinforced. Subject
merchandise may contain accessory or informational items including but
not limited to pockets, tabs, dividers, closure devices, index cards,
stencils, protractors, writing implements, reference materials such as
mathematical tables, or printed items such as sticker sheets or
miniature calendars, if such items are physically incorporated ,
included with, or attached to the product, cover and/or backing
thereto.
Specifically excluded from the scope of this order are:
unlined copy machine paper;
writing pads with a backing (including but not limited to
products commonly known as ``tablets,'' ``note pads,'' ``legal pads,''
and ``quadrille pads''), provided that they do not have a front cover
(whether permanent or removable). This exclusion does not apply to such
writing pads if they consist of hole-punched or drilled filler paper;
three-ring or multiple-ring binders, or notebook
organizers incorporating such a ring binder provided that they do not
include subject paper;
index cards;
printed books and other books that are case bound through
the inclusion of binders board, a spine strip, and cover wrap;
newspapers;
pictures and photographs;
desk and wall calendars and organizers (including but not
limited to such products generally known as ``office planners,'' ``time
books,'' and ``appointment books'');
telephone logs;
address books;
columnar pads & tablets, with or without covers, primarily
suited for the recording of written numerical business data;
lined business or office forms, including but not limited
to: pre-printed business forms, lined invoice pads and paper, mailing
and address labels, manifests, and shipping log books;
lined continuous computer paper;
boxed or packaged writing stationary (including but not
limited to products commonly known as ``fine business paper,''
``parchment paper'', and ``letterhead''), whether or not containing a
lined header or decorative lines;
[[Page 68037]]
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:
Fly lined paper products: A notebook, notebook organizer,
loose or glued note paper, with papers that are printed with infrared
reflective inks and readable only by a Fly pen-top computer. The
product must bear the valid trademark Fly (products found to be bearing
an invalidly licensed or used trademark are not excluded from the
scope).
Zwipes : A notebook or notebook organizer made with a
blended polyolefin writing surface as the cover and pocket surfaces of
the notebook, suitable for writing using a specially-developed
permanent marker and erase system (known as a Zwipes pen). This system
allows the marker portion to mark the writing surface with a permanent
ink. The eraser portion of the marker dispenses a solvent capable of
solubilizing the permanent ink allowing the ink to be removed. The
product must bear the valid trademark ZwipesTM (products
found to be bearing an invalidly licensed or used trademark are not
excluded from the scope).
FiveStar[reg]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[reg]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, 4811.90.9090, 4820.10.2010, 4820.10.2020 of the
Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS
headings are provided for convenience and customs purposes; however,
the written description of the scope of this order is dispositive.
Amended Final Results of Review
A ministerial error, as defined in section 751(h) of the Act,
``includes errors in addition, subtraction, or other arithmetic
function, clerical errors resulting from inaccurate copying,
duplication, or the like, and any other type of unintentional error
which the administering authority considers ministerial.'' See also 19
CFR 351.224(f). After analyzing the comments we received, we have
determined, in accordance with section 751(h) of the Act and 19 CFR
351.224, that the Department made two ministerial errors in our
calculations for the final results with respect to Lian Li.\1\
Specifically, the Department inadvertently included a factor for
uncoated paper board (UNCOATED--AR) which resulted in double counting
the input value of black paper board. Additionally, the Department
inadvertently used grey/white paper board's input values for grey paper
board. For additional explanation, see the Ministerial Error Memo.
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\1\ See ``Memorandum from James Terpstra to Melissa Skinner,
Amended Final Results for the First Antidumping Administrative
Review of Certain Lined Paper Products from the People's Republic of
China: Ministerial Errors,'' dated December 10, 2009. (``Ministerial
Error Memo'').
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Further, we have determined that the other alleged ministerial
errors that the Department erroneously combined two factors of
production (``FOP'') databases and that the Department incorrectly
calculated inland freight are methodological, not ministerial, in
nature. Therefore, we have made no changes to our calculations with
respect to Lian Li's FOP database or inland freight. For additional
explanation, see the Ministerial Error Memo.
We are revising the review-specific average rate to reflect the
weighted average rate based on the amended results of the companies
subject to the instant review. See the Ministerial Error Memo. In
accordance with section 751(h) of the Act, we are amending the final
results of the antidumping duty administrative review of CLPP from the
PRC for the period April 17, 2006, through August 31, 2007. As a result
of correcting the ministerial errors discussed above, the following
margins apply:
[[Page 68038]]
------------------------------------------------------------------------
Weighted-Average Margin
Exporter (Percent)
------------------------------------------------------------------------
Shanghai Lian Li Paper Products Co., Ltd.. 16.47
Hwa Fuh Plastics Co., Ltd./Li Teng 16.47
Plastics (Shenzhen) Co., Ltd.............
Leo's Quality Products Co., Ltd./Denmax 16.47
Plastic Stationery Factory...............
The Watanabe Group (consisting of the 16.47
following companies).....................
Watanabe Paper Product (Shanghai)
Co., Ltd.........................
Watanabe Paper Product (Linqing)
Co., Ltd.........................
Hotrock Stationery (Shenzhen) Co.,
Ltd..............................
------------------------------------------------------------------------
Assessment of Duties
The Department will determine and the U.S. Bureau of Customs and
Border Protection (``CBP'') shall assess antidumping duties on all
appropriate entries. Except where the Court of International Trade has
issued a preliminary injunction enjoining the liquidation of certain
entries during the period of review, we intend to issue appropriate
assessment instructions directly to CBP 15 days after publication of
these amended final results of review. For a general discussion of the
application of assessment rates, see Final Results at 17165.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of these amended final results for all shipments CLLP from
the PRC entered, or withdrawn from warehouse, for consumption on or
after the publication date of these Final Results (April 14, 2009), as
provided by section 751(a)(2)(C) of the Act: (1) for companies covered
by this review, the cash deposit rate will be the rate listed above;
(2) for previously reviewed or investigated companies other than those
covered by this review, the cash deposit rate will be the company-
specific rate established for the most recent period; (3) if the
exporter is not a firm covered in this review, a prior review, or the
less-than-fair-value investigation, but the producer is, the cash
deposit rate will be the rate established for the most recent period
for the manufacturer of the subject merchandise; and (4) if neither the
exporter nor the producer is a firm covered in this review, a prior
review, or the investigation, the cash deposit rate will be 258.21
percent, the PRC-wide rate established in the less-than-fair-value
investigation. These deposit requirements shall remain in effect until
further notice.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the presumption that reimbursement of
antidumping duties occurred and the subsequent increase in antidumping
duties by the amount of antidumping duties reimbursed.
Administrative Protective Order
This notice also is the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely 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.
These amended final results of administrative review and notice are
issued and published in accordance with sections 751(h), and 777(i)(1)
of the Act, and 19 CFR 351.224.
Dated: December 15, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E9-30396 Filed 12-21-09; 8:45 am]
BILLING CODE 3510-DS-S