Certain Lined Paper Products From Indonesia: Revocation of Antidumping and Countervailing Duty Orders, 53174-53176 [2012-21605]
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EMCDONALD on DSK67QTVN1PROD with NOTICES
53174
Federal Register / Vol. 77, No. 170 / Friday, August 31, 2012 / Notices
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.9
• 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.10
Currently, merchandise subject to
these orders 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 tariff
classifications are provided for
convenience and customs purposes;
however, the written description of the
scope of the orders is dispositive.
Since the issuance of the PRC AD
order, the Department has clarified the
scope of that order in response to
numerous scope inquiries. In addition,
on September 23, 2011, the Department
9 Products found to be bearing an invalidly
licensed or used trademark are not excluded from
the scope.
10 Products found to be bearing an invalidly
licensed or used trademark are not excluded from
the scope.
VerDate Mar<15>2010
15:22 Aug 30, 2012
Jkt 226001
revoked, in part, the PRC AD order with
respect to FiveStar® AdvanceTM
notebooks and notebook organizers
without PVC coatings.11
Continuation of the Orders
As a result of the determinations by
the Department and the ITC that
revocation of these AD and CVD orders
would likely lead to continuation or
recurrence of dumping or a
countervailable subsidy, and of material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act, the Department hereby orders
the continuation of the AD and CVD
orders on lined paper from India and
the AD order on lined paper from the
PRC.
U.S. Customs and Border Protection
will continue to collect cash deposits at
the rates in effect at the time of entry for
all imports of subject merchandise. The
effective date of the continuation of
these orders is the date of publication in
the Federal Register of this notice of
continuation. Pursuant to section
751(c)(2) of the Act, the Department
intends to initiate the next five-year
review of these finding/orders not later
than 30 days prior to the fifth
anniversary of the effective date of the
continuations.
These five-year (sunset) reviews and
notice are in accordance with section
751(c) of the Act and published
pursuant to sections 751(c) and 777(i)(1)
of the Act, as well as 19 CFR
351.218(f)(4).
Dated: August 24, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–21610 Filed 8–30–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–560–818, C–560–819]
Certain Lined Paper Products From
Indonesia: Revocation of Antidumping
and Countervailing Duty Orders
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the International
Trade Commission (the ITC) that
revocation of the antidumping duty
AGENCY:
11 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).
PO 00000
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Fmt 4703
Sfmt 4703
(AD) and countervailing duty (CVD)
orders on certain lined paper products
(lined paper) from Indonesia would not
be likely to lead to the continuation or
recurrence of material injury to an
industry in the United States, the
Department of Commerce (the
Department) is revoking these AD and
CVD orders.
DATES: Effective Date: September 28,
2011.
FOR FURTHER INFORMATION CONTACT:
Mary Kolberg or Nancy Decker, AD/CVD
Operations, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–1785 or (202) 482–0196,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2011, the Department
initiated and the ITC instituted sunset
reviews of the AD and CVD orders on
lined paper from Indonesia pursuant to
sections 751(c) and 752 of the Tariff Act
of 1930, as amended (the Act),
respectively.1 As a result of its reviews,
the Department found that revocation of
the AD order would likely lead to
continuation or recurrence of dumping
and that revocation of the CVD order
would likely lead to continuation or
recurrence of subsidization, and notified
the ITC of the margins of dumping and
the subsidy rates likely to prevail were
the orders revoked.2
On August 24, 2012, the ITC
published its determination, pursuant to
section 751(c) of the Act, that revocation
of the AD and CVD orders on lined
paper from Indonesia would not be
likely to lead to the continuation or
recurrence of material injury within a
reasonably foreseeable time.3
1 See Initiation of Five-Year (‘‘Sunset’’) Review, 76
FR 45778 (August 1, 2011) and Certain Lined Paper
School Supplies From China, India, and
Indonesia—Institution of Five-Year Reviews
Concerning the Countervailing Duty Orders on
Certain Lined Paper School Supplies From India
and Indonesia and the Antidumping Duty Orders
on Certain Lined Paper School Supplies From
China, India, and Indonesia, 76 FR 45851 (August
1, 2011).
2 See Final Results of Expedited Sunset Review of
Antidumping Duty Orders: Lined Paper Products
From India, Indonesia, and the People’s Republic
of China, 76 FR 76123 (December 6, 2011) and
Certain Lined Paper Products From Indonesia: Final
Results of Expedited Sunset Review of
Countervailing Duty Order, 76 FR 73592 (November
29, 2011).
3 See Certain Lined Paper School Supplies From
China, India, and Indonesia, 77 FR 51570 (August
24, 2012). See also Certain Lined Paper School
Supplies from China, India, and Indonesia, Inv.
Nos. 701–TA–442–443 and 731–TA–1095–1097
(Review), USITC Publication 4344 (August 2012).
E:\FR\FM\31AUN1.SGM
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EMCDONALD on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 170 / Friday, August 31, 2012 / Notices
Scope of the Orders
The products covered by these orders
include certain lined paper products,
typically school supplies,4 composed of
or including paper that incorporates
straight horizontal and/or vertical lines
on ten or more paper sheets,5 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
these orders 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 these orders 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
4 For purposes of this scope definition, the actual
use or labeling of these products as school supplies
or non-school supplies is not a defining
characteristic.
5 There shall be no minimum page requirement
for looseleaf filler paper.
VerDate Mar<15>2010
15:22 Aug 30, 2012
Jkt 226001
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
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,6 measuring 6 inches by 9
inches;
Also excluded from the scope of these
orders are the following trademarked
products:
• FlyTM lined paper products: A
notebook, notebook organizer, loose or
glued note paper, with papers that are
printed with infrared reflective inks and
readable only by a FlyTM pen-top
computer. The product must bear the
valid trademark FlyTM.7
• 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
6 ‘‘Gregg ruling’’ consists of a single- or doublemargin vertical ruling line down the center of the
page. For a six-inch by nine-inch stenographic pad,
the ruling would be located approximately three
inches from the left of the book.
7 Products found to be bearing an invalidly
licensed or used trademark are not excluded from
the scope.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
53175
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.8
• FiveStar® AdvanceTM: A notebook
or notebook organizer bound by a
continuous spiral, or helical, wire and
with plastic front and rear covers made
of a blended polyolefin plastic material
joined by 300 denier polyester, coated
on the backside with PVC (poly vinyl
chloride) coating, and extending the
entire length of the spiral or helical
wire. The polyolefin plastic covers are
of specific thickness; front cover is
0.019 inches (within normal
manufacturing tolerances) and rear
cover is 0.028 inches (within normal
manufacturing tolerances). Integral with
the stitching that attaches the polyester
spine covering, is captured both ends of
a 1″ wide elastic fabric band. This band
is located 23⁄8″ from the top of the front
plastic cover and provides pen or pencil
storage. Both ends of the spiral wire are
cut and then bent backwards to overlap
with the previous coil but specifically
outside the coil diameter but inside the
polyester covering. During construction,
the polyester covering is sewn to the
front and rear covers face to face
(outside to outside) so that when the
book is closed, the stitching is
concealed from the outside. Both free
ends (the ends not sewn to the cover
and back) are stitched with a turned
edge construction. The flexible
polyester material forms a covering over
the spiral wire to protect it and provide
a comfortable grip on the product. The
product must bear the valid trademarks
FiveStar® AdvanceTM.9
• 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
8 Products found to be bearing an invalidly
licensed or used trademark are not excluded from
the scope.
9 Products found to be bearing an invalidly
licensed or used trademark are not excluded from
the scope.
E:\FR\FM\31AUN1.SGM
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53176
Federal Register / Vol. 77, No. 170 / Friday, August 31, 2012 / Notices
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.10
Currently, merchandise subject to
these orders is typically imported under
headings 4811.90.9035, 4811.90.9080,
4820.30.0040, 4811.90.9050,
4810.22.5044, 4811.90.9090,
4820.10.2010, 4820.10.2020,
4820.10.2030, 4820.10.2040,
4820.10.2050, 4820.10.2060 and
4820.10.4000 of the Harmonized Tariff
Schedule of the United States (HTSUS).
The tariff classifications are provided
for convenience and customs purposes;
however, the written description of the
scope of the orders is dispositive.
EMCDONALD on DSK67QTVN1PROD with NOTICES
Determination
As a result of the determinations by
the ITC that revocation of these AD and
CVD orders would not be likely to lead
to continuation or recurrence of material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act, the Department is revoking the
AD and CVD orders on lined paper from
Indonesia. Pursuant to section 751(d)(2)
of the Act and 19 CFR 351.222(i)(2)(i),
the effective date of revocation is
September 28, 2011 (i.e., the fifth
anniversary of the effective date of
publication in the Federal Register of
these orders).11
The Department will notify U.S.
Customs and Border Protection, 15 days
after publication of this notice, to
terminate suspension of liquidation and
collection of cash deposits on entries of
the subject merchandise, entered or
withdrawn from warehouse, on or after
September 28, 2011. Entries of subject
merchandise prior to the effective date
of revocation will continue to be subject
to suspension of liquidation and
antidumping and countervailing duty
deposit requirements.
10 Products found to be bearing an invalidly
licensed or used trademark are not excluded from
the scope.
11 See Notice of Amended Final Determination of
Sales at Less Than Fair Value: Certain Lined Paper
Products from the People’s Republic of China;
Notice of Antidumping Duty Orders: Certain Lined
Paper Products from India, Indonesia and the
People’s Republic of China; and Notice of
Countervailing Duty Orders: Certain Lined Paper
Products from India and Indonesia, 71 FR 56949
(September 28, 2006).
VerDate Mar<15>2010
15:22 Aug 30, 2012
Jkt 226001
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return/destruction or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Failure to comply is a violation of the
APO which may be subject to sanctions.
These five-year (sunset) reviews and
notice are in accordance with section
751(d)(2) the Act and published
pursuant to section 777(i)(1) of the Act.
Dated: August 24, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–21605 Filed 8–30–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–827]
Certain Cased Pencils From the
People’s Republic of China: Final
Results of Antidumping Duty Changed
Circumstances Review, and
Determination To Revoke Order, in
Part
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 18, 2012, the
Department of Commerce (‘‘the
Department’’) published a notice of
initiation and preliminary results of a
changed circumstance review and intent
to revoke, in part, the antidumping duty
(‘‘AD’’) order of certain cased pencils
from the People’s Republic of China
(‘‘PRC’’). The final results do not differ
from the preliminary results of review,
and we are revoking the order, in part,
with respect to novelty drumstick
pencils. This partial revocation is
effective June 1, 2011.
DATES: Effective Date: June 1, 2011.
FOR FURTHER INFORMATION CONTACT:
Mahnaz Khan at (202) 482–0914 or
Yasmin Nair at (202) 482–3813; AD/
CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
AGENCY:
Background
On December 28, 1994, the
Department published in the Federal
Register the AD order on certain cased
pencils from the PRC. See Antidumping
Duty Order: Certain Cased Pencils from
the People’s Republic of China, 59 FR
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
66909 (December 28, 1994) (‘‘AD
order’’). On May 23, 2012, in accordance
with section 751(b) and 751(d)(1) of the
Tariff Act of 1930, as amended (‘‘the
Act’’), 19 CFR 351.216(b), and 19 CFR
351.222(g)(1), ThinkGeek, a U.S.
importer of subject merchandise,
requested revocation, in part, of the AD
order with respect to its novelty pencil,
which is shaped like a drumstick.
ThinkGeek’s novelty drumstick pencil is
made to look like a pencil, except that
it is shaped as a drumstick. This pencil
is longer than regular wooden pencils
and does not contain an eraser.
ThinkGeek requested that the
Department conduct the changed
circumstances review on an expedited
basis pursuant to 19 CFR
351.221(c)(3)(ii).
On July 18, 2012, the Department
published its concurrent initiation and
preliminary results of this changed
circumstances review. See Certain
Cased Pencils From the People’s
Republic of China: Initiation and
Preliminary Results of Antidumping
Duty Changed Circumstances Review,
and Intent To Revoke Order in Part, 77
FR 42276 (July 18, 2012) (‘‘Preliminary
Results’’). The Department preliminary
determined to revoke, in part, the AD
order on certain cased pencils from the
PRC with respect to novelty drumstick
pencils. In the Preliminary Results, we
stated that interested parties could
submit comments to the Department no
later than 14 days after the publication
of the Preliminary Results in the Federal
Register. No interested parties
submitted comments on the changed
circumstances review.
Scope of the Order
Imports covered by the order are
shipments of certain cased pencils of
any shape or dimension (except as
described below) which are writing and/
or drawing instruments that feature
cores of graphite or other materials,
encased in wood and/or man-made
materials, whether or not decorated and
whether or not tipped (e.g., with erasers,
etc.) in any fashion, and either
sharpened or unsharpened. The pencils
subject to the order are currently
classifiable under subheading
9609.10.00 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). Specifically excluded from
the scope of the order are mechanical
pencils, cosmetic pencils, pens, noncased crayons (wax), pastels, charcoals,
chalks, and pencils produced under
U.S. patent number 6,217,242, from
paper infused with scents by the means
covered in the above-referenced patent,
thereby having odors distinct from those
that may emanate from pencils lacking
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]]>Agencies
[Federal Register Volume 77, Number 170 (Friday, August 31, 2012)]
[Notices]
[Pages 53174-53176]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21605]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-818, C-560-819]
Certain Lined Paper Products From Indonesia: Revocation of
Antidumping and Countervailing Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the International Trade
Commission (the ITC) that revocation of the antidumping duty (AD) and
countervailing duty (CVD) orders on certain lined paper products (lined
paper) from Indonesia would not be likely to lead to the continuation
or recurrence of material injury to an industry in the United States,
the Department of Commerce (the Department) is revoking these AD and
CVD orders.
DATES: Effective Date: September 28, 2011.
FOR FURTHER INFORMATION CONTACT: Mary Kolberg or Nancy Decker, AD/CVD
Operations, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-1785 or (202) 482-0196,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2011, the Department initiated and the ITC instituted
sunset reviews of the AD and CVD orders on lined paper from Indonesia
pursuant to sections 751(c) and 752 of the Tariff Act of 1930, as
amended (the Act), respectively.\1\ As a result of its reviews, the
Department found that revocation of the AD order would likely lead to
continuation or recurrence of dumping and that revocation of the CVD
order would likely lead to continuation or recurrence of subsidization,
and notified the ITC of the margins of dumping and the subsidy rates
likely to prevail were the orders revoked.\2\
---------------------------------------------------------------------------
\1\ See Initiation of Five-Year (``Sunset'') Review, 76 FR 45778
(August 1, 2011) and Certain Lined Paper School Supplies From China,
India, and Indonesia--Institution of Five-Year Reviews Concerning
the Countervailing Duty Orders on Certain Lined Paper School
Supplies From India and Indonesia and the Antidumping Duty Orders on
Certain Lined Paper School Supplies From China, India, and
Indonesia, 76 FR 45851 (August 1, 2011).
\2\ See Final Results of Expedited Sunset Review of Antidumping
Duty Orders: Lined Paper Products From India, Indonesia, and the
People's Republic of China, 76 FR 76123 (December 6, 2011) and
Certain Lined Paper Products From Indonesia: Final Results of
Expedited Sunset Review of Countervailing Duty Order, 76 FR 73592
(November 29, 2011).
---------------------------------------------------------------------------
On August 24, 2012, the ITC published its determination, pursuant
to section 751(c) of the Act, that revocation of the AD and CVD orders
on lined paper from Indonesia would not be likely to lead to the
continuation or recurrence of material injury within a reasonably
foreseeable time.\3\
---------------------------------------------------------------------------
\3\ See Certain Lined Paper School Supplies From China, India,
and Indonesia, 77 FR 51570 (August 24, 2012). See also Certain Lined
Paper School Supplies from China, India, and Indonesia, Inv. Nos.
701-TA-442-443 and 731-TA-1095-1097 (Review), USITC Publication 4344
(August 2012).
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[[Page 53175]]
Scope of the Orders
The products covered by these orders include certain lined paper
products, typically school supplies,\4\ composed of or including paper
that incorporates straight horizontal and/or vertical lines on ten or
more paper sheets,\5\ 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
these orders 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.
---------------------------------------------------------------------------
\4\ For purposes of this scope definition, the actual use or
labeling of these products as school supplies or non-school supplies
is not a defining characteristic.
\5\ There shall be no minimum page requirement for looseleaf
filler paper.
---------------------------------------------------------------------------
Specifically excluded from the scope of these orders 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 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,\6\ measuring
6 inches by 9 inches;
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\6\ ``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.
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Also excluded from the scope of these orders are the following
trademarked products:
FlyTM lined paper products: A notebook,
notebook organizer, loose or glued note paper, with papers that are
printed with infrared reflective inks and readable only by a
FlyTM pen-top computer. The product must bear the valid
trademark FlyTM.\7\
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\7\ Products found to be bearing an invalidly licensed or used
trademark are not excluded from the scope.
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ZwipesTM: A notebook or notebook organizer made
with a blended polyolefin writing surface as the cover and pocket
surfaces of the notebook, suitable for writing using a specially-
developed permanent marker and erase system (known as a
ZwipesTM pen). This system allows the marker portion to mark
the writing surface with a permanent ink. The eraser portion of the
marker dispenses a solvent capable of solubilizing the permanent ink
allowing the ink to be removed. The product must bear the valid
trademark ZwipesTM.\8\
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\8\ Products found to be bearing an invalidly licensed or used
trademark are not excluded from the scope.
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FiveStar[supreg] AdvanceTM: A notebook or
notebook organizer bound by a continuous spiral, or helical, wire and
with plastic front and rear covers made of a blended polyolefin plastic
material joined by 300 denier polyester, coated on the backside with
PVC (poly vinyl chloride) coating, and extending the entire length of
the spiral or helical wire. The polyolefin plastic covers are of
specific thickness; front cover is 0.019 inches (within normal
manufacturing tolerances) and rear cover is 0.028 inches (within normal
manufacturing tolerances). Integral with the stitching that attaches
the polyester spine covering, is captured both ends of a 1'' wide
elastic fabric band. This band is located 2\3/8\'' from the top of the
front plastic cover and provides pen or pencil storage. Both ends of
the spiral wire are cut and then bent backwards to overlap with the
previous coil but specifically outside the coil diameter but inside the
polyester covering. During construction, the polyester covering is sewn
to the front and rear covers face to face (outside to outside) so that
when the book is closed, the stitching is concealed from the outside.
Both free ends (the ends not sewn to the cover and back) are stitched
with a turned edge construction. The flexible polyester material forms
a covering over the spiral wire to protect it and provide a comfortable
grip on the product. The product must bear the valid trademarks
FiveStar[supreg] AdvanceTM.\9\
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\9\ Products found to be bearing an invalidly licensed or used
trademark are not excluded from the scope.
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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
[[Page 53176]]
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.\10\
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\10\ Products found to be bearing an invalidly licensed or used
trademark are not excluded from the scope.
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Currently, merchandise subject to these orders is typically
imported under headings 4811.90.9035, 4811.90.9080, 4820.30.0040,
4811.90.9050, 4810.22.5044, 4811.90.9090, 4820.10.2010, 4820.10.2020,
4820.10.2030, 4820.10.2040, 4820.10.2050, 4820.10.2060 and 4820.10.4000
of the Harmonized Tariff Schedule of the United States (HTSUS). The
tariff classifications are provided for convenience and customs
purposes; however, the written description of the scope of the orders
is dispositive.
Determination
As a result of the determinations by the ITC that revocation of
these AD and CVD orders would not be likely to lead to continuation or
recurrence of material injury to an industry in the United States,
pursuant to section 751(d)(2) of the Act, the Department is revoking
the AD and CVD orders on lined paper from Indonesia. Pursuant to
section 751(d)(2) of the Act and 19 CFR 351.222(i)(2)(i), the effective
date of revocation is September 28, 2011 (i.e., the fifth anniversary
of the effective date of publication in the Federal Register of these
orders).\11\
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\11\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value: Certain Lined Paper Products from the People's
Republic of China; Notice of Antidumping Duty Orders: Certain Lined
Paper Products from India, Indonesia and the People's Republic of
China; and Notice of Countervailing Duty Orders: Certain Lined Paper
Products from India and Indonesia, 71 FR 56949 (September 28, 2006).
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The Department will notify U.S. Customs and Border Protection, 15
days after publication of this notice, to terminate suspension of
liquidation and collection of cash deposits on entries of the subject
merchandise, entered or withdrawn from warehouse, on or after September
28, 2011. Entries of subject merchandise prior to the effective date of
revocation will continue to be subject to suspension of liquidation and
antidumping and countervailing duty deposit requirements.
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which
may be subject to sanctions.
These five-year (sunset) reviews and notice are in accordance with
section 751(d)(2) the Act and published pursuant to section 777(i)(1)
of the Act.
Dated: August 24, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-21605 Filed 8-30-12; 8:45 am]
BILLING CODE 3510-DS-P
