Certain Lined Paper Products From the People's Republic of China; Notice of Preliminary Intent To Rescind the Antidumping Duty Administrative Review, 34204-34207 [2011-14573]

Download as PDF emcdonald on DSK2BSOYB1PROD with NOTICES 34204 Federal Register / Vol. 76, No. 113 / Monday, June 13, 2011 / Notices vinyl polymers), brake fluid, coolant, electrolytes (chemical), labels and film, separators (plastic), plastic fittings/ gaskets/grommets/emblems, v-belts, tires, tool sets, glass, mirrors, fasteners, tabs, locks, springs, rings, insulators, electrodes (anode, cathode), gaskets, valves, bearings, oil coolers, flywheels, pulleys, shaft couplings, sprockets, spacers, motors, battery chargers, magnets, batteries and related parts, electrical components, electronic controllers and modules, audio components, sensors, antennas, cables, wiring sets, connectors, brake parts (wireless), knobs, and junction boxes (duty rate range: Free—9.0%). Expanded FTZ procedures could exempt NNA from customs duty payments on the foreign-origin components used in electric passenger vehicles and lithium-ion batteries manufactured for export. On its domestic shipments, NNA would be able to choose the duty rate during customs entry procedures that applies to electric passenger vehicles (duty rate — 2.5%) and lithium-ion batteries (3.4%) for the foreign inputs noted above. Customs duties also could possibly be deferred or reduced on foreign status production equipment. NNA would also be exempt from duty payments on foreign inputs that become scrap during the production process. In accordance with the Board’s regulations, Pierre Duy of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the Board. Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board’s Executive Secretary at the following address: Office of the Executive Secretary, Room 2111, U.S. Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230–0002. The closing period for receipt of comments is August 12, 2011. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to August 29, 2011. A copy of the application will be available for public inspection at the Office of the Foreign-Trade Zones Board’s Executive Secretary at the address listed above and in the ‘‘Reading Room’’ section of the Board’s Web site, which is accessible via https://www.trade.gov/ftz. For further information, contact Pierre Duy at Pierre.Duy@trade.gov or (202) 482–1378. VerDate Mar<15>2010 16:06 Jun 10, 2011 Jkt 223001 Dated: June 7, 2011. Andrew McGilvray, Executive Secretary. [FR Doc. 2011–14574 Filed 6–10–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 1766] Reorganization and Expansion of Foreign-Trade Zone 153 Under Alternative Site Framework, San Diego, CA Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the following Order: Whereas, the Board adopted the alternative site framework (ASF) (74 FR 1170, 01/12/09; correction 74 FR 3987, 01/22/09; 75 FR 71069–71070, 11/22/ 10) as an option for the establishment or reorganization of general-purpose zones; Whereas, the City of San Diego, California, grantee of Foreign-Trade Zone 153, submitted an application to the Board (FTZ Docket 1–2011, filed 01/ 03/2011) for authority to reorganize and expand under the ASF with a service area of the City and County of San Diego and a portion of Riverside County, California, within and adjacent to the San Diego U.S. Customs and Border Protection port of entry, FTZ 153’s existing Sites 2–10 would be categorized as magnet sites, Sites 6 and 10 would be reduced in size, existing Site 14 would be categorized as a usage-driven site, and the grantee proposes three additional usage-driven sites (Sites 11– 13); Whereas, notice inviting public comment was given in the Federal Register (76 FR 1132–1133, 01/07/2011) and the application has been processed pursuant to the FTZ Act and the Board’s regulations; and, Whereas, the Board adopts the findings and recommendations of the examiner’s report, and finds that the requirements of the FTZ Act and Board’s regulations are satisfied, and that the proposal is in the public interest; Now, therefore, the Board hereby orders: The application to reorganize and expand FTZ 153 under the alternative site framework is approved, subject to the FTZ Act and the Board’s regulations, including Section 400.28, to the Board’s standard 2,000-acre activation limit for the overall general-purpose zone project, to a five-year ASF sunset PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 provision for magnet sites that would terminate authority for Sites 2–10 if not activated by June 30, 2016, and to a three-year ASF sunset provision for usage-driven sites that would terminate authority for Sites 11–14 if no foreignstatus merchandise is admitted for a bona fide customs purpose by June 30, 2014. Signed at Washington, DC, this 3rd day of June 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration, Alternate Chairman, ForeignTrade Zones Board. [FR Doc. 2011–14577 Filed 6–10–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–901] Certain Lined Paper Products From the People’s Republic of China; Notice of Preliminary Intent To Rescind the Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) is conducting the fourth administrative review of the antidumping duty order on certain lined paper products (‘‘lined paper’’) from the People’s Republic of China (‘‘PRC’’) with respect to three producers/exporters for the period September 1, 2009, through August 31, 2010. We are preliminarily rescinding the review with respect to Shanghai Lian Li Paper Products Co. Ltd. (‘‘Lian Li’’); Leo’s Quality Products Co., Ltd./Denmax Plastic Stationery Factory (‘‘Leo/Denmax’’); and the Watanabe Group (consisting of Watanabe Paper Products (Shanghai) Co., Ltd. (‘‘Watanabe Shanghai’’); Watanabe Paper Products (Linqing) Co., Ltd. (‘‘Watanabe Linqing’’); and Hotrock Stationery (Shenzhen) Co., Ltd. (‘‘Hotrock Shenzhen’’) (hereafter referred to as ‘‘Watanabe’’ or the ‘‘Watanabe Group’’)). Interested parties are invited to comment on these preliminary results. We intend to issue the final results no later than 120 days from the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’). DATES: Effective Date: June 13, 2011. FOR FURTHER INFORMATION CONTACT: Joy Zhang or Victoria Cho, AD/CVD Operations, Office 3, Import Administration, International Trade AGENCY: E:\FR\FM\13JNN1.SGM 13JNN1 Federal Register / Vol. 76, No. 113 / Monday, June 13, 2011 / Notices Administration, Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–1168 or (202) 482– 5075, respectively. SUPPLEMENTARY INFORMATION: Background On September 1, 2010, the Department published in the Federal Register a notice of opportunity to request an administrative review of the antidumping duty order on lined paper from the PRC, for the period September 1, 2009, through August 31, 2010. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation: Opportunity to Request Administrative Review, 75 FR 53635 (September 1, 2010). On September 30, 2010, we received a request from petitioner 1 to review the following four companies: Lian Li, Hwa Fuh Plastics Co., Ltd./Li Teng Plastics (Shenzhen) Co., Ltd. (‘‘Hwa Fuh/Li Teng’’),2 Leo/ Denmax; and the Watanabe Group (consisting of Watanabe Shanghai, Watanabe Linqing, and Hotrock Shenzhen). On October 28, 2010, we published in the Federal Register the notice of initiation of this antidumping duty administrative review with respect to Lian Li, Leo/Denmax, and the Watanabe Group. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 75 FR 66349 (October 28, 2010) (‘‘Initiation Notice’’). On November 12, 2010, we issued the non-market economy antidumping questionnaire to Leo/Denmax, Lian Li, and the Watanabe Group via FedEx Express. emcdonald on DSK2BSOYB1PROD with NOTICES 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 looseleaf filler paper) including but not limited to such products as single- and multi-subject notebooks, composition books, wireless notebooks, looseleaf or 1 The petitioner is the Association of American School Paper Suppliers (‘‘AASPS’’). 2 The Department was unable to locate Hwa Fuh/ Li Teng in prior segments. The petitioner did not provide any new information as to Hwa Fuh/Li Teng’s location in its review request letter. Accordingly, pursuant to 19 CFR 351.303(f)(3)(ii), the Department did not accept a request for an administrative review of Hwa Fuh/Li Teng. VerDate Mar<15>2010 16:06 Jun 10, 2011 Jkt 223001 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; • 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; PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 34205 • 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: • Fly TM 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 TM pen-top computer. The product must bear the valid trademark Fly TM (products found to be bearing an invalidly licensed or used trademark are not excluded from the scope). • Zwipes TM: 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 Zwipes TM pen). This system allows the marker portion to mark the writing surface with a permanent ink. The eraser portion of the marker dispenses a solvent capable of solubilizing the permanent ink allowing the ink to be removed. The product must bear the valid trademark Zwipes TM (products found to be bearing an invalidly licensed or used trademark are not excluded from the scope). • FiveStar®Advance TM: 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 E:\FR\FM\13JNN1.SGM 13JNN1 emcdonald on DSK2BSOYB1PROD with NOTICES 34206 Federal Register / Vol. 76, No. 113 / Monday, June 13, 2011 / Notices 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®Advance TM (products found to be bearing an invalidly licensed or used trademark are not excluded from the scope). • FiveStar Flex TM: 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 Flex TM (products found to be bearing an invalidly VerDate Mar<15>2010 16:06 Jun 10, 2011 Jkt 223001 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. Preliminary Intent To Rescind the Administrative Review On December 15 and December 22, 2010, Lian Li and the Watanabe Group submitted letters, respectively, certifying that they did not export the subject merchandise to the United States during the period of review (‘‘POR’’). On December 22, 2010, the petitioner submitted a letter pointing out that Lian Li’s certification referenced the incorrect POR. On December 27, 2010, Lian Li submitted a letter clarifying the correct POR. On January 03, 2011, Leo/Denmax also certified that it did not export the subject merchandise to the United States during the POR. Both Lian Li and Leo/Denmax requested that the Department rescind the administrative review with respect to each company. On January 5, 2011, the petitioner submitted a letter questioning the Watanabe Group’s no shipment claim. The petitioner requested that the Department obtain from U.S. Customs and Border Protection (‘‘CBP’’) copies of any entry documents during the POR that list any Watanabe Group companies as the exporter of record. On February 7, 2011, we conducted an internal query of the CBP entry data with respect to the three companies. The CBP data entry confirms the claims of no shipments from Lian Li, Leo/ Denmax and the Watanabe Group, and we issued a memorandum explaining our analysis.3 We did not receive any comments regarding these CBP data results. On May 18, 2011, the Department sent an inquiry to CBP requesting notification as to whether it had information indicating that there were shipments of subject merchandise into the United States by Watanabe, Lian Li, or Leo/Denmax during the POR. The Department did not receive 3 See Memorandum to the File, through Melissa Skinner, Office Director and James Terpstra, Program Manager, AD/CVD Operations, Office 3, from Joy Zhang, Case Analyst, titled ‘‘Certain Lined Paper Products from the People’s Republic of China—Customs and Border Protection (‘‘CBP’’) Data for Corroboration of Claims of No Shipments,’’ dated April 6, 2011. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 notification from CBP indicating that there were any shipments by the Watanabe Group, Lian Li, or Leo/ Denmax during the POR. In this case, as stated above, the Watanabe Group, Lian Li and Leo/ Denmax certified that they had no shipments and the Department has confirmed through its examination of data from CBP that there were no shipments of subject merchandise during the POR by the Watanabe Group and/or Lian Li and/or Leo/Denmax. Therefore, in accordance with 19 CFR 351.213(d)(3) and consistent with our practice, we are preliminarily rescinding this review of the antidumping duty order on lined paper from the PRC, for the period September 1, 2009, through August 31, 2010. If the rescission is confirmed in our final results, the cash deposit rate for the Watanabe Group, Lian Li, and Leo/ Denmax will continue to be the rate established in the most recently completed segment of this proceeding. Comments In accordance with 19 CFR 351.301(c)(1), for the final results of these NSRs, interested parties may submit factual information to rebut, clarify, or correct factual information submitted by an interested party less than ten days before, on, or after, the applicable deadline for submission of such factual information. However, the Department notes that 19 CFR 351.301(c)(1) permits new information only insofar as it rebuts, clarifies, or corrects information recently placed on the record.4 Interested parties may submit case briefs and/or written comments for consideration in the Department’s final results not later than 30 days after publication of this notice. See 19 CFR 351.309(c). Rebuttal briefs and rebuttals to written comments, limited to issues raised in such briefs or comments, may be submitted not later than five days following submission of the comments. See 19 CFR 351.309(d). All written comments must be submitted in accordance with 19 CFR 351.303, and must be served on interested parties on the Department’s service list in accordance with 19 CFR 351.303(f)(3). Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Import Administration, Room 1117, 4 See Glycine from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review and Final Rescission in Part, 72 FR 58809 (October 17, 2007), and accompanying Issues and Decision Memorandum at Comment 2. E:\FR\FM\13JNN1.SGM 13JNN1 Federal Register / Vol. 76, No. 113 / Monday, June 13, 2011 / Notices within 30 days of the date of publication of this notice. Requests should contain: (1) The party’s name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Id. Issues raised in the hearing will be limited to those raised in the respective case briefs. The Department will issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. The Department will issue the final results of this administrative review, which will include the results of its analysis of issues raised in any such comments, within 120 days of publication of the preliminary results, and will publish these results in the Federal Register. Assessment Rates The Department will instruct CBP to assess antidumping duties on all appropriate entries. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of this review. Notification of Interested Parties This notice also serves as a preliminary reminder to importers of their responsibility under 19 351.402(f) of the Department’s regulations 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 Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4). Dated: June 2, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–14573 Filed 6–10–11; 8:45 am] emcdonald on DSK2BSOYB1PROD with NOTICES BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Application(s) for Duty-Free Entry of Scientific Instruments Pursuant to Section 6(c) of the Educational, Scientific and Cultural VerDate Mar<15>2010 16:06 Jun 10, 2011 Jkt 223001 Materials Importation Act of 1966 (Pub. L. 89–651, as amended by Pub. L. 106– 36; 80 Stat. 897; 15 CFR part 301), we invite comments on the question of whether instruments of equivalent scientific value, for the purposes for which the instruments shown below are intended to be used, are being manufactured in the United States. Comments must comply with 15 CFR 301.5(a)(3) and (4) of the regulations and be postmarked on or before July 5, 2011. Address written comments to Statutory Import Programs Staff, Room 3720, U.S. Department of Commerce, Washington, DC 20230. Applications may be examined between 8:30 a.m. and 5 p.m. at the U.S. Department of Commerce in Room 3720. Docket Number: 10–073. Applicant: University of Chicago Argonne, LLC, 9700 South Cass Avenue, Argonne, IL 60439. Instrument: Chemical Mechanical Polishing (CMP) Tool. Manufacturer: Logitech Ltd., UK. Intended Use: The CMP will be installed in the Center for Nanoscale Materials for performing lithography and fabricating atomically smooth surfaces on various materials, such as ultrananocrystalline diamond and gold films. Justification for Duty-Free Entry: Instruments of the same general category being manufactured in the United States do not meet the technical requirements within the available budget. Application accepted by Commissioner of Customs: May 13, 2011. Docket Number: 11–013. Applicant: Wichita State University, 1845 Fairmont Street, Wichita, KS 67260. Instrument: Field emission scanning electron microscope. Manufacturer: Carl Zeiss SMT, Germany. Intended Use: The instrument will be used to examine the morphology and composition of metals, composites and nanocomposites, and for training undergraduate and graduate students in optical microscopy. Justification for Duty-Free Entry: There are no instruments of the same general category being manufactured in the United States. Application accepted by Commissioner of Customs: May 26, 2011. Docket Number: 11–029. Applicant: University of California, Santa Barbara, CA 93106. Instrument: Josephson Junction Deposition System (Electron Beam Evaporation Unit with Load Lock Model MEB 550S). Manufacturer: Plassys Bestek SAS, France. Intended Use: The system will be incorporated into a superconducting quantum bit device, and will be used to deposit and grow Josephson junctions as part of students’ research requirements in the physics Ph.D program. Justification for Duty-Free Entry: There are no PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 34207 instruments of the same general category being manufactured in the United States. Application accepted by Commissioner of Customs: May 26, 2011. Dated: June 7, 2011. Gregory W. Campbell, Director, Subsidies Enforcement Office. Office of Policy, Import Administration. [FR Doc. 2011–14576 Filed 6–10–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–928] Uncovered Innerspring Units From the People’s Republic of China: Extension of Preliminary Results of Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the ‘‘Department’’) is extending the time limit for the preliminary results of the new shipper review of uncovered innerspring units (‘‘innersprings’’) from the People’s Republic of China (‘‘PRC’’). The period of review for this review is February 1, 2010 through August 4, 2010. AGENCY: Effective Date: June 13, 2011. Paul Walker, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–0413. DATES: FOR FURTHER INFORMATION CONTACT: Background On October 7, 2010 the Department published a notice of initiation of the new shipper review in the antidumping duty order on innersprings from the PRC for Foshan Nanhai Jiujiang Quan Li Spring Hardware Factory (‘‘Quan Li’’) and Foshan Yongnuo Import & Export Co., Ltd. (‘‘Yongnuo’’).1 On March 28, 2011, the Department extended the deadline for the preliminary results of this review to June 1, 2011.2 Statutory Time Limits Section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (the ‘‘Act’’), and 1 See Uncovered Innerspring Units from the People’s Republic of China: Initiation of Antidumping Duty New Shipper Review, 75 FR 62107 (October 7, 2010). 2 See Uncovered Innerspring Units from the People’s Republic of China: Extension of Preliminary Results of Antidumping Duty New Shipper Review, 76 FR 17107 (March 28, 2011). E:\FR\FM\13JNN1.SGM 13JNN1

Agencies

[Federal Register Volume 76, Number 113 (Monday, June 13, 2011)]
[Notices]
[Pages 34204-34207]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14573]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-901]


Certain Lined Paper Products From the People's Republic of China; 
Notice of Preliminary Intent To Rescind the Antidumping Duty 
Administrative Review

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

SUMMARY: The Department of Commerce (``the Department'') is conducting 
the fourth administrative review of the antidumping duty order on 
certain lined paper products (``lined paper'') from the People's 
Republic of China (``PRC'') with respect to three producers/exporters 
for the period September 1, 2009, through August 31, 2010. We are 
preliminarily rescinding the review with respect to Shanghai Lian Li 
Paper Products Co. Ltd. (``Lian Li''); Leo's Quality Products Co., 
Ltd./Denmax Plastic Stationery Factory (``Leo/Denmax''); and the 
Watanabe Group (consisting of Watanabe Paper Products (Shanghai) Co., 
Ltd. (``Watanabe Shanghai''); Watanabe Paper Products (Linqing) Co., 
Ltd. (``Watanabe Linqing''); and Hotrock Stationery (Shenzhen) Co., 
Ltd. (``Hotrock Shenzhen'') (hereafter referred to as ``Watanabe'' or 
the ``Watanabe Group'')).
    Interested parties are invited to comment on these preliminary 
results. We intend to issue the final results no later than 120 days 
from the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Tariff Act of 1930, as amended (``the Act'').

DATES: Effective Date: June 13, 2011.

FOR FURTHER INFORMATION CONTACT: Joy Zhang or Victoria Cho, AD/CVD 
Operations, Office 3, Import Administration, International Trade

[[Page 34205]]

Administration, Department of Commerce, 14th Street and Constitution 
Avenue, NW., Washington, DC 20230; telephone: (202) 482-1168 or (202) 
482-5075, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 1, 2010, the Department published in the Federal 
Register a notice of opportunity to request an administrative review of 
the antidumping duty order on lined paper from the PRC, for the period 
September 1, 2009, through August 31, 2010. See Antidumping or 
Countervailing Duty Order, Finding, or Suspended Investigation: 
Opportunity to Request Administrative Review, 75 FR 53635 (September 1, 
2010). On September 30, 2010, we received a request from petitioner \1\ 
to review the following four companies: Lian Li, Hwa Fuh Plastics Co., 
Ltd./Li Teng Plastics (Shenzhen) Co., Ltd. (``Hwa Fuh/Li Teng''),\2\ 
Leo/Denmax; and the Watanabe Group (consisting of Watanabe Shanghai, 
Watanabe Linqing, and Hotrock Shenzhen). On October 28, 2010, we 
published in the Federal Register the notice of initiation of this 
antidumping duty administrative review with respect to Lian Li, Leo/
Denmax, and the Watanabe Group. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Request for Revocation 
in Part, 75 FR 66349 (October 28, 2010) (``Initiation Notice'').
---------------------------------------------------------------------------

    \1\ The petitioner is the Association of American School Paper 
Suppliers (``AASPS'').
    \2\ The Department was unable to locate Hwa Fuh/Li Teng in prior 
segments. The petitioner did not provide any new information as to 
Hwa Fuh/Li Teng's location in its review request letter. 
Accordingly, pursuant to 19 CFR 351.303(f)(3)(ii), the Department 
did not accept a request for an administrative review of Hwa Fuh/Li 
Teng.
---------------------------------------------------------------------------

    On November 12, 2010, we issued the non-market economy antidumping 
questionnaire to Leo/Denmax, Lian Li, and the Watanabe Group via FedEx 
Express.

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 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 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:
     Fly \TM\ 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 \TM\ pen-top 
computer. The product must bear the valid trademark Fly \TM\ (products 
found to be bearing an invalidly licensed or used trademark are not 
excluded from the scope).
     Zwipes \TM\: 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 \TM\ pen). This 
system allows the marker portion to mark the writing surface with a 
permanent ink. The eraser portion of the marker dispenses a solvent 
capable of solubilizing the permanent ink allowing the ink to be 
removed. The product must bear the valid trademark Zwipes \TM\ 
(products found to be bearing an invalidly licensed or used trademark 
are not excluded from the scope).
     FiveStar[supreg]Advance \TM\: 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

[[Page 34206]]

on the backside with PVC (poly vinyl chloride) coating, and extending 
the entire length of the spiral or helical wire. The polyolefin plastic 
covers are of specific thickness; front cover is 0.019 inches (within 
normal manufacturing tolerances) and rear cover is 0.028 inches (within 
normal manufacturing tolerances). Integral with the stitching that 
attaches the polyester spine covering, is captured both ends of a 1'' 
wide elastic fabric band. This band is located 2-\3/8\'' from the top 
of the front plastic cover and provides pen or pencil storage. Both 
ends of the spiral wire are cut and then bent backwards to overlap with 
the previous coil but specifically outside the coil diameter but inside 
the polyester covering. During construction, the polyester covering is 
sewn to the front and rear covers face to face (outside to outside) so 
that when the book is closed, the stitching is concealed from the 
outside. Both free ends (the ends not sewn to the cover and back) are 
stitched with a turned edge construction. The flexible polyester 
material forms a covering over the spiral wire to protect it and 
provide a comfortable grip on the product. The product must bear the 
valid trademarks FiveStar[supreg]Advance \TM\ (products found to be 
bearing an invalidly licensed or used trademark are not excluded from 
the scope).
     FiveStar Flex \TM\: 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 Flex \TM\ (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.

Preliminary Intent To Rescind the Administrative Review

    On December 15 and December 22, 2010, Lian Li and the Watanabe 
Group submitted letters, respectively, certifying that they did not 
export the subject merchandise to the United States during the period 
of review (``POR''). On December 22, 2010, the petitioner submitted a 
letter pointing out that Lian Li's certification referenced the 
incorrect POR. On December 27, 2010, Lian Li submitted a letter 
clarifying the correct POR. On January 03, 2011, Leo/Denmax also 
certified that it did not export the subject merchandise to the United 
States during the POR. Both Lian Li and Leo/Denmax requested that the 
Department rescind the administrative review with respect to each 
company. On January 5, 2011, the petitioner submitted a letter 
questioning the Watanabe Group's no shipment claim. The petitioner 
requested that the Department obtain from U.S. Customs and Border 
Protection (``CBP'') copies of any entry documents during the POR that 
list any Watanabe Group companies as the exporter of record.
    On February 7, 2011, we conducted an internal query of the CBP 
entry data with respect to the three companies. The CBP data entry 
confirms the claims of no shipments from Lian Li, Leo/Denmax and the 
Watanabe Group, and we issued a memorandum explaining our analysis.\3\ 
We did not receive any comments regarding these CBP data results. On 
May 18, 2011, the Department sent an inquiry to CBP requesting 
notification as to whether it had information indicating that there 
were shipments of subject merchandise into the United States by 
Watanabe, Lian Li, or Leo/Denmax during the POR. The Department did not 
receive notification from CBP indicating that there were any shipments 
by the Watanabe Group, Lian Li, or Leo/Denmax during the POR.
---------------------------------------------------------------------------

    \3\ See Memorandum to the File, through Melissa Skinner, Office 
Director and James Terpstra, Program Manager, AD/CVD Operations, 
Office 3, from Joy Zhang, Case Analyst, titled ``Certain Lined Paper 
Products from the People's Republic of China--Customs and Border 
Protection (``CBP'') Data for Corroboration of Claims of No 
Shipments,'' dated April 6, 2011.
---------------------------------------------------------------------------

    In this case, as stated above, the Watanabe Group, Lian Li and Leo/
Denmax certified that they had no shipments and the Department has 
confirmed through its examination of data from CBP that there were no 
shipments of subject merchandise during the POR by the Watanabe Group 
and/or Lian Li and/or Leo/Denmax.
    Therefore, in accordance with 19 CFR 351.213(d)(3) and consistent 
with our practice, we are preliminarily rescinding this review of the 
antidumping duty order on lined paper from the PRC, for the period 
September 1, 2009, through August 31, 2010. If the rescission is 
confirmed in our final results, the cash deposit rate for the Watanabe 
Group, Lian Li, and Leo/Denmax will continue to be the rate established 
in the most recently completed segment of this proceeding.

Comments

    In accordance with 19 CFR 351.301(c)(1), for the final results of 
these NSRs, interested parties may submit factual information to rebut, 
clarify, or correct factual information submitted by an interested 
party less than ten days before, on, or after, the applicable deadline 
for submission of such factual information. However, the Department 
notes that 19 CFR 351.301(c)(1) permits new information only insofar as 
it rebuts, clarifies, or corrects information recently placed on the 
record.\4\
---------------------------------------------------------------------------

    \4\ See Glycine from the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review and Final 
Rescission in Part, 72 FR 58809 (October 17, 2007), and accompanying 
Issues and Decision Memorandum at Comment 2.
---------------------------------------------------------------------------

    Interested parties may submit case briefs and/or written comments 
for consideration in the Department's final results not later than 30 
days after publication of this notice. See 19 CFR 351.309(c). Rebuttal 
briefs and rebuttals to written comments, limited to issues raised in 
such briefs or comments, may be submitted not later than five days 
following submission of the comments. See 19 CFR 351.309(d). All 
written comments must be submitted in accordance with 19 CFR 351.303, 
and must be served on interested parties on the Department's service 
list in accordance with 19 CFR 351.303(f)(3).
    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Import Administration, 
Room 1117,

[[Page 34207]]

within 30 days of the date of publication of this notice. Requests 
should contain: (1) The party's name, address and telephone number; (2) 
the number of participants; and (3) a list of issues to be discussed. 
Id. Issues raised in the hearing will be limited to those raised in the 
respective case briefs. The Department will issue the final results of 
this administrative review, including the results of its analysis of 
the issues raised in any written briefs, not later than 120 days after 
the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act.
    The Department will issue the final results of this administrative 
review, which will include the results of its analysis of issues raised 
in any such comments, within 120 days of publication of the preliminary 
results, and will publish these results in the Federal Register.

Assessment Rates

    The Department will instruct CBP to assess antidumping duties on 
all appropriate entries. The Department intends to issue assessment 
instructions to CBP 15 days after the date of publication of the final 
results of this review.

Notification of Interested Parties

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 351.402(f) of the Department's 
regulations 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 Secretary's presumption that reimbursement of antidumping 
duties occurred and the subsequent assessment of double antidumping 
duties.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).

    Dated: June 2, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-14573 Filed 6-10-11; 8:45 am]
BILLING CODE 3510-DS-P
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