Notice of Amended Final Results of the Antidumping Duty Administrative Review of Certain Lined Paper Products From the People's Republic of China, 76144-76146 [2011-31295]
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76144
Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Notices
Machinery’s agricultural hub units are
included in the scope of the Order.6
Analysis of Comments Received
A complete discussion of all issues
raised in this sunset review is addressed
in the accompanying Issues and
Decision Memorandum from Christian
Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant
Secretary for Import Administration,
which is hereby adopted by this notice.
See the Department’s memorandum
entitled, ‘‘Issues and Decision
Memorandum for the Final Results of
the Expedited Third Sunset Review of
the Antidumping Duty Order on
Tapered Roller Bearings and Parts
Thereof, Finished and Unfinished, from
the People’s Republic of China,’’ dated
concurrently with this notice (‘‘I&D
Memo’’). The issues discussed in the
accompanying I&D Memo include the
likelihood of continuation or recurrence
of dumping and the magnitude of the
dumping margin likely to prevail if the
Order is revoked. Parties can obtain a
public copy of the I&D Memo which is
on file electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Services System (IA
ACCESS). Access to IA ACCESS is
available in the Central Records Unit
room 7046 of the main Department of
Commerce building. In addition, a
complete version of the I&D Memo can
be accessed directly on the Web at
https://trade.gov/ia. The signed I&D
Memo and the electronic versions of the
I&D Memo are identical in content.
Final Results of Sunset Review
Pursuant to section 751(c) of the Act,
the Department determines that
revocation of the Order on TRBs would
likely lead to continuation or recurrence
of dumping at the rates listed below:
jlentini on DSK4TPTVN1PROD with NOTICES
Exporters/producers
China National Machinery Import
& Export Corp .........................
Zheijiang Wanxiang Group .........
Zheijiang Machinery Import &
Export Corp .............................
Luoyang Bearing Corporation ....
Premier Bearing & Equipment,
Ltd ...........................................
Liaoning Mec Group, Ltd. ...........
Number 09–00163, Slip Op. 11–101
(August 11, 2011), the Department of
Exporters/producers
Commerce (‘‘the Department’’) has
recalculated the rates for the separate
rate companies 1 in the first
China National Machinery and
administrative review of certain lined
Equipment Import & Export
Corp ........................................
31.05 paper products (‘‘CLPP’’) from the
PRC-wide ....................................
31.05 People’s Republic of China (‘‘PRC’’), for
the period of review (‘‘POR’’) April 17,
2006 through August 31, 2007.
Notification Regarding Administrative
Protective Order
Background
Weightedaverage
margin
(percent)
This notice also serves as 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 notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
We are issuing and publishing these
results and notice in accordance with
sections 751(c), 752, and 777(i)(1) of the
Act.
Dated: November 29, 2011.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2011–31297 Filed 12–5–11; 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
Import Administration,
International Trade Administration,
Weighted- Department of Commerce.
average
DATES: Effective Date: December 6, 2011.
margin
(percent)
FOR FURTHER INFORMATION CONTACT:
Victoria Cho, AD/CVD Operations,
Office 3, Import Administration,
0.03
0.11 International Trade Administration,
U.S. Department of Commerce, 14th
0.11 Street and Constitution Avenue NW,
3.20 Washington, DC 20230; telephone: (202)
482–5075.
5.60 SUPPLEMENTARY INFORMATION:
AGENCY:
9.72
Summary
6 See
Memorandum entitled ‘‘Tapered Roller
Bearings and Parts Thereof, finished and
Unfinished, from the People’s Republic of ChinaFinal Scope Determination on DF Machinery’s
Agricultural Hub Units,’’ dated August 3, 2011.
VerDate Mar<15>2010
17:04 Dec 05, 2011
Jkt 226001
As a result of the decision of the Court
of International Trade (‘‘Court’’) in
Association of American School Paper
Suppliers v. United States, Court
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Sfmt 4703
On April 14, 2009, the Department
published its final results of the
administrative review for CLPP from the
PRC for the period April 17, 2006,
through August 31, 2007.2 The
Department individually examined one
company, Shanghai Lian Li Paper
Products Co., Ltd. (‘‘Lian Li’’). In its
Final Results, the Department
determined to apply the weightedaverage dumping margin calculated for
Lian Li to the separate rate companies.
On December 22, 2009, the Department
published amended final results, to
correct for certain ministerial errors in
the Final Results.3
The Association of American School
Paper Suppliers challenged the
Department’s Amended Final at the
Court. On July 27, 2010, the Court
remanded the case for the Department to
revisit its determination concerning the
selection of information to calculate
surrogate financial values. On August
11, 2011, the Court sustained the
Department’s final results of
redetermination.4 On August 25, 2011,
the Department published an amended
final results in which it recalculated
Lian Li’s rate.5 However, in that notice,
1 Hwa Fuh Plastics Co. Ltd./Li Teng Plastics
(Shenzhen) Co., Ltd.; Leo’s Quality Products Co.,
Ltd./Denmax Plastic Stationery Factory; and the
Watanabe Group (consisting of the following
companies: Watanabe Paper Product (Shanghai) Co.
Ltd.; Watanabe Paper Product (Linqing) Co. Ltd.
(Watanabe Linqing); and Hotrock Stationery
(Shenzhen) Co. Ltd.
2 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’’).
3 See Notice of Amended Final Results of the
Antidumping Duty Administrative Review of
Certain Lined Paper Products from the People’s
Republic of China, 74 FR 68036 (December 22,
2009) (‘‘Amended Final’’).
4 Association of American School Paper Suppliers
v. United States, Court Number 09–00163, Slip Op.
11–101 (August 11, 2011).
5 Certain Lined Paper Products From the People’s
Republic of China: Notice of Court Decision Not in
Harmony With Final Results of Administrative
Review and Notice of Amended Final Results of
Administrative Review Pursuant to Court Decision,
76 FR 53116 (August 25, 2011). The Department
recalculated Lian Li’s rate as determined in Certain
Lined Paper Products From the People’s Republic
of China: Notice of Court Decision Not in Harmony
With Final Results of Administrative Review and
Notice of Amended Final Results of Administrative
E:\FR\FM\06DEN1.SGM
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Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Notices
jlentini on DSK4TPTVN1PROD with NOTICES
the Department neglected to announce
the changes to the separate rate
companies’ rates as a result of the
litigation in Association of American
School Paper Suppliers v. United States.
Therefore, the Department is now
announcing the rate calculated for
separate rate companies based on the
calculation which was sustained in
Association of American School Paper
Suppliers v. United States.
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 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
Review Pursuant to Court Decision, 76 FR 28213
(May 16, 2011).
VerDate Mar<15>2010
17:04 Dec 05, 2011
Jkt 226001
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;
• 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
PO 00000
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76145
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).
• ZwipesTM: A notebook or notebook
organizer made with a blended
polyolefin writing surface as the cover
and pocket surfaces of the notebook,
suitable for writing using a speciallydeveloped permanent marker and erase
system (known as a ZwipesTM pen).
This system allows the marker portion
to mark the writing surface with a
permanent ink. The eraser portion of the
marker dispenses a solvent capable of
solubilizing the permanent ink allowing
the ink to be removed. The product
must bear the valid trademark ZwipesTM
(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
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
E:\FR\FM\06DEN1.SGM
06DEN1
76146
Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Notices
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). On
September 23, 2011, the Department
revoked, in part, the AD order with
respect to FiveStar® AdvanceTM
notebooks and notebook organizers
without PVC coatings. See Certain Lined
Paper Products From People’s Republic
of China: Final Results of Antidumping
Duty Changed Circumstances Review
and Revocation, in Part, 76 FR 60803
(September 30, 2011).
Merchandise subject to this order is
typically imported under headings
4810.22.5044, 4811.90.9050,
4820.10.2010, 4820.10.2020,
4820.10.2030, 4820.10.2040,
4820.10.2060, 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 this
order is dispositive.
jlentini on DSK4TPTVN1PROD with NOTICES
Amended Final Results of Review
The Department has recalculated the
weighted-average rates for the separate
rate companies based on the litigation
discussed above. The following margins
apply for the separate rate companies
during the POR:
Weightedaverage
margin
(percent)
Exporter
Hwa Fuh Plastics Co., Ltd./Li
Teng Plastics (Shenzhen) Co.,
Ltd ...........................................
VerDate Mar<15>2010
17:04 Dec 05, 2011
20.70
Jkt 226001
Weightedaverage
margin
(percent)
Exporter
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.
20.70
20.70
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 the Timken Notice,6 as provided
by section 751(a)(2)(C) of the Act: (1)
For Hwa Fuh Plastics Co., Ltd./Li Teng
Plastics (Shenzhen) Co., Ltd. and Leo’s
Quality Products Co., Ltd./Denmax
Plastic Stationery Factory, the cash
deposit rate will be the rate listed above;
(2) for the Watanabe Group, the cash
deposit rate will be 258.21 percent,7 the
litigation mentioned above was
superseded by the publication of the
Second A.R of CLPP; (3) 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; (4) if the
exporter is not a firm covered in this
review, a prior review, or the less-thanfair-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 (5) 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 PRCwide rate established in the less-thanfair-value investigation. These deposit
requirements shall remain in effect until
further notice.
6 See Certain Lined Paper Products From the
People’s Republic of China: Notice of Court
Decision Not in Harmony With Final Results of
Administrative Review and Notice of Amended
Final Results of Administrative Review Pursuant to
Court Decision, 76 FR 53116 (August 25, 2011)
(‘‘Timken Notice’’).
7 See Certain Lined Paper Products From the
People’s Republic of China: Notice of Final Results
of the Second Administrative Review of the
Antidumping Duty Order, 74 FR 63387 (December
3, 2009) (‘‘Second A.R of CLPP’’).
PO 00000
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Sfmt 4703
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), the
Department shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries. The Department
intends to issue assessment instructions
to CBP that are related to the amended
final results 15 days after the
publication of the amended final results
of review.
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.
Dated: November 29, 2011.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2011–31295 Filed 12–5–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–867]
Large Power Transformers From the
Republic of Korea: Postponement of
Preliminary Determination of
Antidumping Duty Investigation
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
Effective Date: December 6, 2011.
FOR FURTHER INFORMATION CONTACT:
Angelica Mendoza, David Cordell or
Brian Davis, Office 7, AD/CVD
Operations, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230, telephone: (202)
482–3019, (202) 482–0408 or (202) 482–
7924, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 10, 2011, the Department
of Commerce (the Department)
published in the Federal Register the
initiation of the antidumping duty
investigation of large power
transformers from the Republic of Korea
(Korea). See Large Power Transformers
from the Republic of Korea: Initiation of
Antidumping Duty Investigation, 76 FR
49439 (August 10, 2011). The current
deadline for the preliminary
determinations of this investigation is
December 21, 2011.
E:\FR\FM\06DEN1.SGM
06DEN1
]]>Agencies
[Federal Register Volume 76, Number 234 (Tuesday, December 6, 2011)]
[Notices]
[Pages 76144-76146]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31295]
-----------------------------------------------------------------------
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.
DATES: Effective Date: December 6, 2011.
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:
Summary
As a result of the decision of the Court of International Trade
(``Court'') in Association of American School Paper Suppliers v. United
States, Court Number 09-00163, Slip Op. 11-101 (August 11, 2011), the
Department of Commerce (``the Department'') has recalculated the rates
for the separate rate companies \1\ in the first administrative review
of certain lined paper products (``CLPP'') from the People's Republic
of China (``PRC''), for the period of review (``POR'') April 17, 2006
through August 31, 2007.
---------------------------------------------------------------------------
\1\ Hwa Fuh Plastics Co. Ltd./Li Teng Plastics (Shenzhen) Co.,
Ltd.; Leo's Quality Products Co., Ltd./Denmax Plastic Stationery
Factory; and the Watanabe Group (consisting of the following
companies: Watanabe Paper Product (Shanghai) Co. Ltd.; Watanabe
Paper Product (Linqing) Co. Ltd. (Watanabe Linqing); and Hotrock
Stationery (Shenzhen) Co. Ltd.
---------------------------------------------------------------------------
Background
On April 14, 2009, the Department published its final results of
the administrative review for CLPP from the PRC for the period April
17, 2006, through August 31, 2007.\2\ The Department individually
examined one company, Shanghai Lian Li Paper Products Co., Ltd. (``Lian
Li''). In its Final Results, the Department determined to apply the
weighted-average dumping margin calculated for Lian Li to the separate
rate companies. On December 22, 2009, the Department published amended
final results, to correct for certain ministerial errors in the Final
Results.\3\
---------------------------------------------------------------------------
\2\ 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'').
\3\ See Notice of Amended Final Results of the Antidumping Duty
Administrative Review of Certain Lined Paper Products from the
People's Republic of China, 74 FR 68036 (December 22, 2009)
(``Amended Final'').
---------------------------------------------------------------------------
The Association of American School Paper Suppliers challenged the
Department's Amended Final at the Court. On July 27, 2010, the Court
remanded the case for the Department to revisit its determination
concerning the selection of information to calculate surrogate
financial values. On August 11, 2011, the Court sustained the
Department's final results of redetermination.\4\ On August 25, 2011,
the Department published an amended final results in which it
recalculated Lian Li's rate.\5\ However, in that notice,
[[Page 76145]]
the Department neglected to announce the changes to the separate rate
companies' rates as a result of the litigation in Association of
American School Paper Suppliers v. United States.
---------------------------------------------------------------------------
\4\ Association of American School Paper Suppliers v. United
States, Court Number 09-00163, Slip Op. 11-101 (August 11, 2011).
\5\ Certain Lined Paper Products From the People's Republic of
China: Notice of Court Decision Not in Harmony With Final Results of
Administrative Review and Notice of Amended Final Results of
Administrative Review Pursuant to Court Decision, 76 FR 53116
(August 25, 2011). The Department recalculated Lian Li's rate as
determined in Certain Lined Paper Products From the People's
Republic of China: Notice of Court Decision Not in Harmony With
Final Results of Administrative Review and Notice of Amended Final
Results of Administrative Review Pursuant to Court Decision, 76 FR
28213 (May 16, 2011).
---------------------------------------------------------------------------
Therefore, the Department is now announcing the rate calculated for
separate rate companies based on the calculation which was sustained in
Association of American School Paper Suppliers v. United States.
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 stationary (including but not
limited to products commonly known as ``fine business paper,''
``parchment paper'', and ``letterhead''), whether or not containing a
lined header or decorative lines;
Stenographic pads (``steno pads''), Gregg ruled (``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 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
[[Page 76146]]
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). On
September 23, 2011, the Department revoked, in part, the AD order with
respect to FiveStar[supreg] Advance\TM\ notebooks and notebook
organizers without PVC coatings. See Certain Lined Paper Products From
People's Republic of China: Final Results of Antidumping Duty Changed
Circumstances Review and Revocation, in Part, 76 FR 60803 (September
30, 2011).
Merchandise subject to this order is typically imported under
headings 4810.22.5044, 4811.90.9050, 4820.10.2010, 4820.10.2020,
4820.10.2030, 4820.10.2040, 4820.10.2060, 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 this order is dispositive.
Amended Final Results of Review
The Department has recalculated the weighted-average rates for the
separate rate companies based on the litigation discussed above. The
following margins apply for the separate rate companies during the POR:
------------------------------------------------------------------------
Weighted-
average
Exporter margin
(percent)
------------------------------------------------------------------------
Hwa Fuh Plastics Co., Ltd./Li Teng Plastics (Shenzhen) Co., 20.70
Ltd........................................................
Leo's Quality Products Co., Ltd./Denmax Plastic Stationery 20.70
Factory....................................................
The Watanabe Group (consisting of the following companies).. 20.70
Watanabe Paper Product (Shanghai) Co., Ltd.
Watanabe Paper Product (Linqing) Co., Ltd.
Hotrock Stationery (Shenzhen) Co., Ltd.
------------------------------------------------------------------------
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 the Timken Notice,\6\ as provided by
section 751(a)(2)(C) of the Act: (1) For Hwa Fuh Plastics Co., Ltd./Li
Teng Plastics (Shenzhen) Co., Ltd. and Leo's Quality Products Co.,
Ltd./Denmax Plastic Stationery Factory, the cash deposit rate will be
the rate listed above; (2) for the Watanabe Group, the cash deposit
rate will be 258.21 percent,\7\ the litigation mentioned above was
superseded by the publication of the Second A.R of CLPP; (3) 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; (4) 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 (5) 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.
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\6\ See Certain Lined Paper Products From the People's Republic
of China: Notice of Court Decision Not in Harmony With Final Results
of Administrative Review and Notice of Amended Final Results of
Administrative Review Pursuant to Court Decision, 76 FR 53116
(August 25, 2011) (``Timken Notice'').
\7\ See Certain Lined Paper Products From the People's Republic
of China: Notice of Final Results of the Second Administrative
Review of the Antidumping Duty Order, 74 FR 63387 (December 3, 2009)
(``Second A.R of CLPP'').
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department shall determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries. The
Department intends to issue assessment instructions to CBP that are
related to the amended final results 15 days after the publication of
the amended final results of review.
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.
Dated: November 29, 2011.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2011-31295 Filed 12-5-11; 8:45 am]
BILLING CODE 3510-DS-P
