Certain Lined Paper Products From India and the People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders, 53172-53174 [2012-21610]
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EMCDONALD on DSK67QTVN1PROD with NOTICES
53172
Federal Register / Vol. 77, No. 170 / Friday, August 31, 2012 / Notices
also use a reinterview to help generate
measures of response error.
Third, we want to implement several
iterative ACS Internet tests based on
issues that arose from two ACS Internet
tests conducted in 2011. Both of these
tests studied the impact of different
notifications of an Internet option in the
survey invitations. Production ACS will
begin collecting data using the Internet
in January 2013. One problem detected
in the 2011 tests was the impact to item
nonresponse for questions in the later
parts of the survey due to Internet breakoffs. The Internet tests in 2013–2015
will look at potential ways to restructure
messaging and change the Internet
design to help reduce break-offs and
encourage response in a timely manner.
Testing will also include a
reexamination of the potential for using
the Internet to collect data in Puerto
Rico, since results from the 2011 test
did not show any distinct advantage.
Testing plans are largely undefined at
this point, but we will submit more
detailed information once plans are
solidified.
Other considerations for testing
include a second Content Reinterview
Survey to build upon the results from
the first Content Reinterview Survey
that is currently in the field due to the
introduction of the web mode and
content changes. We are also
considering testing designed to improve
data collection operations in Group
Quarters, such as the introduction of a
web option and developing a separate
questionnaire for institutionalized
populations. There are no specific test
plans for these projects at this point.
Other testing is being considered, but
the specific details of these tests are not
known at this time. However, these tests
cover similar testing topics of content
and methods to address emergent issues
or needs. The tests may be conducted on
both residential households or group
quarters.
The Census Bureau is still in the early
stages for planning and implementing
the proposed tests. Subsequently the
materials to be used in the tests have not
been developed. For changes to the tests
described in this justification, the
Census Bureau will submit a nonsubstantive change request documenting
the change.
The ACS must collect data on a
continual basis and aggregate one, three,
or five years worth of data to release
data for all states, Congressional
districts, counties, cities, and small
towns down to the census tract and
block group level. Essentially the ACS
collects data every day of the year,
either by mail, Internet (beginning in
January 2013), telephone interviews or
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personal-visit interviews. There are
many federal programs that distribute
funds based on population and income
data from the Census Bureau, including
data from the ACS. Federal agencies use
ACS data to determine appropriate
funding for state and local governments
through block grants. State and local
governments use ACS data for program
planning, administration and
evaluation. Thus, the reliability and the
quality of the data must remain high in
order for the users to rely on the data
for funding decisions.
So that the Census Bureau can
provide critical information to
governments and the private sector, the
ACS collects comprehensive
demographic, social, economic, and
housing statistics covering every
community in the nation. The ACS
provides a continuous stream of
updated information for states and local
areas on an annual basis, and has
revolutionized the ways the country
uses data to understand communities
and plan for the future.
ACS Methods Panel testing, such as
the Questionnaire Design Test, Internet
Tests, and the 2015 Content Test,
provide a mechanism to investigate
ways to reduce or at least maintain data
collection costs and improve the quality
of the data.
Affected Public: Individuals or
households.
Frequency: One time.
Respondent’s Obligation: Mandatory.
Legal Authority: Title 13, United
States Code, Sections 141, 193, and 221.
OMB Desk Officer: Brian HarrisKojetin, (202) 395–7314.
Copies of the above information
collection proposal can be obtained by
calling or writing Jennifer Jessup,
Departmental Paperwork Clearance
Officer, (202) 482–0336, Department of
Commerce, Room 6616, 14th and
Constitution Avenue NW., Washington,
DC 20230 (or via the Internet at
jjessup@doc.gov).
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to Brian Harris-Kojetin, OMB
Desk Officer either by fax (202–395–
7245) or email (bharrisk@omb.eop.gov).
Dated: August 28, 2012.
Glenna Mickelson,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2012–21588 Filed 8–30–12; 8:45 am]
BILLING CODE 3510–07–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–843, A–570–901, C–533–844]
Certain Lined Paper Products From
India and the People’s Republic of
China: Continuation of Antidumping
and Countervailing Duty Orders
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the Department of
Commerce (the Department) that
revocation of the antidumping duty
(AD) orders on certain lined paper
products (lined paper) from India and
the People’s Republic of China (PRC)
would likely lead to continuation or
recurrence of dumping, that revocation
of the countervailing duty (CVD) order
on lined paper from India would likely
lead to continuation or recurrence of a
countervailable subsidy, and the
determinations by the International
Trade Commission (the ITC) that
revocation of these AD and CVD orders
would likely lead to a continuation or
recurrence of material injury to an
industry in the United States, the
Department is publishing this notice of
the continuation of these AD orders and
CVD order.
DATES: Effective Date: August 31, 2012.
FOR FURTHER INFORMATION CONTACT:
James Terpstra (AD orders) or Eric
Greynolds (CVD order), AD/CVD
Operations, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–3965, and (202) 482–6071,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 1, 2011, the Department
initiated and the ITC instituted sunset
reviews of the AD and CVD orders on
lined paper from India, and the AD
order on lined paper from the PRC
pursuant to sections 751(c) and 752 of
the Tariff Act of 1930, as amended (the
Act).1 As a result of its reviews, the
Department found that revocation of the
AD orders would likely lead to
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).
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Federal Register / Vol. 77, No. 170 / Friday, August 31, 2012 / Notices
continuation or recurrence of dumping
and that revocation of the CVD order
would likely lead to continuation or
recurrence of a countervailable subsidy,
and notified the ITC of the margins of
dumping and the countervailable
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 India and the PRC would be
likely to lead to continuation or
recurrence of material injury within a
reasonably foreseeable time.3
EMCDONALD on DSK67QTVN1PROD with NOTICES
Scope of the Orders
The products covered by these AD
and CVD 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
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)
(Expedited Sunset). In Expedited Sunset, the
Department incorrectly noted the case number for
the AD order on lined paper from the PRC as ‘‘A–
579–901.’’ The correct AD case number is ‘‘A–570–
901.’’ See also Final Results of Expedited Sunset
Review of Countervailing Duty Order: Certain Lined
Paper Products From India, 76 FR 76147 (December
6, 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).
With regard to the AD and CVD orders on lined
paper from Indonesia, the ITC determined that the
revocation of those orders would not be likely to
lead to the continuation or recurrence of material
injury to an industry in the United States.
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.
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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
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;
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• 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
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
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.
8 Products found to be bearing an invalidly
licensed or used trademark are not excluded from
the scope.
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EMCDONALD on DSK67QTVN1PROD with NOTICES
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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.
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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).
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(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).
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Agencies
[Federal Register Volume 77, Number 170 (Friday, August 31, 2012)]
[Notices]
[Pages 53172-53174]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21610]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-843, A-570-901, C-533-844]
Certain Lined Paper Products From India and the People's Republic
of China: Continuation of Antidumping and Countervailing Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (the Department) that revocation of the antidumping duty (AD)
orders on certain lined paper products (lined paper) from India and the
People's Republic of China (PRC) would likely lead to continuation or
recurrence of dumping, that revocation of the countervailing duty (CVD)
order on lined paper from India would likely lead to continuation or
recurrence of a countervailable subsidy, and the determinations by the
International Trade Commission (the ITC) that revocation of these AD
and CVD orders would likely lead to a continuation or recurrence of
material injury to an industry in the United States, the Department is
publishing this notice of the continuation of these AD orders and CVD
order.
DATES: Effective Date: August 31, 2012.
FOR FURTHER INFORMATION CONTACT: James Terpstra (AD orders) or Eric
Greynolds (CVD order), AD/CVD Operations, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-3965, and (202) 482-6071, 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 India, and
the AD order on lined paper from the PRC pursuant to sections 751(c)
and 752 of the Tariff Act of 1930, as amended (the Act).\1\ As a result
of its reviews, the Department found that revocation of the AD orders
would likely lead to
[[Page 53173]]
continuation or recurrence of dumping and that revocation of the CVD
order would likely lead to continuation or recurrence of a
countervailable subsidy, and notified the ITC of the margins of dumping
and the countervailable subsidy rates likely to prevail were the orders
revoked.\2\
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\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)
(Expedited Sunset). In Expedited Sunset, the Department incorrectly
noted the case number for the AD order on lined paper from the PRC
as ``A-579-901.'' The correct AD case number is ``A-570-901.'' See
also Final Results of Expedited Sunset Review of Countervailing Duty
Order: Certain Lined Paper Products From India, 76 FR 76147
(December 6, 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 India and the PRC would be likely to lead to
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). With regard to the AD and CVD orders on lined paper
from Indonesia, the ITC determined that the revocation of those
orders would not be likely to lead to the continuation or recurrence
of material injury to an industry in the United States.
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Scope of the Orders
The products covered by these AD and CVD 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
[[Page 53174]]
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 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 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 revoked,
in part, the PRC AD order with respect to FiveStar[supreg]
AdvanceTM notebooks and notebook organizers without PVC
coatings.\11\
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\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).
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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