Certain Lined Paper Products From India and the People's Republic of China: Continuation of Antidumping Duty Orders and Countervailing Duty Order, 56591-56593 [2023-17811]
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Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Notices
days prior to fifth anniversary of the
date of the last determination by the
Commission.
FOR FURTHER INFORMATION CONTACT:
Administrative Protective Order (APO)
This notice also serves as a final
reminder to parties subject to an APO of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
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.
Notification to Interested Parties
This five-year (sunset) review and this
notice are in accordance with sections
751(c) and 751(d)(2) of the Act and
published in accordance with section
777(i) of the Act, and 19 CFR
351.218(f)(4).
Dated: August 14, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2023–17812 Filed 8–17–23; 8:45 am]
BILLING CODE 3510–DS–P
Background
On September 28, 2006, Commerce
published in the Federal Register the
AD orders on lined paper from India
and China and the CVD order on lined
paper from India.1 On February 1, 2023,
the ITC instituted,2 and Commerce
initiated,3 the third sunset reviews of
the Orders, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
Act). As a result of its reviews,
Commerce determined that revocation
of the Orders would likely lead to the
continuation or recurrence of dumping
and countervailable subsidies, and
therefore, notified the ITC of the
magnitude of the margins of dumping
and subsidy rates likely to prevail
should the Orders be revoked.4
On August 9, 2023, the ITC published
its determination, pursuant to sections
751(c) and 752(a) of the Act, that
revocation of the Orders would likely
lead to continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time.5
DEPARTMENT OF COMMERCE
Scope of the Orders
International Trade Administration
The products covered by the Orders
are 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
[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
Duty Orders and Countervailing Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC)
that revocation of the antidumping duty
(AD) orders on certain lined paper
products (lined paper) from India and
the People’s Republic of China (China)
and countervailing duty (CVD) order on
lined paper from India would likely
lead to the continuation or recurrence of
dumping, countervailable subsidies, and
material injury to an industry in the
United States, Commerce is publishing
a notice of continuation of these AD and
CVD orders.
DATES: Applicable August 9, 2023.
AGENCY:
lotter on DSK11XQN23PROD with NOTICES1
Samuel Brummitt, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–7851.
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
18:26 Aug 17, 2023
Jkt 259001
1 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) (Orders).
2 See Lined Paper School Supplies from China
and India; Institution of Five-Year Reviews; 88 FR
6787 (February 1, 2023).
3 See Initiation of Five-Year (Sunset) Reviews, 88
FR 6700 (February 1, 2023).
4 See Certain Lined Paper Products from India
and the People’s Republic of China: Final Results
of Expedited Third Sunset Reviews of the
Antidumping Duty Orders, 88 FR 32187 (May 19,
2023), and accompanying Issues and Decision
Memoranda; see also Certain Lined Paper Products
from India: Final Results of the Expedited Sunset
Review of the Countervailing Duty Order, 88 FR
36535 (June 5, 2023).
5 See Lined Paper School Supplies from China
and India, 88 FR 53917 (August 9, 2023) (ITC Final
Determination).
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56591
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
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;
E:\FR\FM\18AUN1.SGM
18AUN1
lotter on DSK11XQN23PROD with NOTICES1
56592
Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Notices
• printed books and other books that
are case bound through the inclusion of
binders board, a spine strip, and cover
wrap;
• newspapers;
• pictures and photographs;
• desk and wall calendars and
organizers (including but not limited to
such products generally known as
‘‘office planners,’’ ‘‘time books,’’ and
‘‘appointment books’’);
• telephone logs;
• address books;
• columnar pads & tablets, with or
without covers, primarily suited for the
recording of written numerical business
data;
• lined business or office forms,
including but not limited to: pre-printed
business forms, lined invoice pads and
paper, mailing and address labels,
manifests, and shipping log books;
• lined continuous computer paper;
• boxed or packaged writing
stationery (including but not limited to
products commonly known as ‘‘fine
business paper,’’ ‘‘parchment paper’’,
and ‘‘letterhead’’), whether or not
containing a lined header or decorative
lines;
• Stenographic pads (‘‘steno pads’’),
Gregg ruled (‘‘Gregg ruling’’ consists of
a single- or double-margin vertical
ruling line down the center of the page.
For a six-inch by nine-inch stenographic
pad, the ruling would be located
approximately three inches from the left
of the book), measuring 6 inches by 9
inches.
Also excluded from the scope of 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 (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).
VerDate Sep<11>2014
18:26 Aug 17, 2023
Jkt 259001
• 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 (products found to
be bearing an invalidly licensed or used
trademark are not excluded from the
scope).
• FiveStar FlexTM: A notebook, a
notebook organizer, or binder with
plastic polyolefin front and rear covers
joined by 300 denier polyester spine
cover extending the entire length of the
spine and bound by a 3-ring plastic
fixture. The polyolefin plastic covers are
of a specific thickness; front cover is
0.019 inches (within normal
manufacturing tolerances) and rear
cover is 0.028 inches (within normal
manufacturing tolerances). During
construction, the polyester covering is
sewn to the front cover face to face
(outside to outside) so that when the
book is closed, the stitching is
concealed from the outside. During
construction, the polyester cover is
sewn to the back cover with the outside
of the polyester spine cover to the inside
back cover. Both free ends (the ends not
sewn to the cover and back) are stitched
with a turned edge construction. Each
ring within the fixture is comprised of
a flexible strap portion that snaps into
a stationary post which forms a closed
binding ring. The ring fixture is riveted
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
with six metal rivets and sewn to the
back plastic cover and is specifically
positioned on the outside back cover.
The product must bear the valid
trademark FiveStar FlexTM (products
found to be bearing an invalidly
licensed or used trademark are not
excluded from the scope).
Merchandise subject to the orders is
typically imported under headings
4810.22.5044, 4811.90.9050,
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 HTSUS
headings are provided for convenience
and customs purposes; however, the
written description of the scope of the
orders is dispositive.
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to
continuation or recurrence of dumping,
countervailable subsidies, and material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act, Commerce hereby orders the
continuation of the Orders. U.S.
Customs and Border Protection will
continue to collect AD and CVD 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 the Orders will be August 9, 2023.6
Pursuant to section 751(c)(2) of the Act
and 19 CFR 351.218(c)(2), Commerce
intends to initiate the next five-year
reviews of the Orders not later than 30
days prior to fifth anniversary of the
date of the last determination by the
Commission.
Administrative Protective Order (APO)
This notice also serves as a final
reminder to parties subject to an APO of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
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.
Notification to Interested Parties
These five-year (sunset) reviews and
this notice are in accordance with
6 See
E:\FR\FM\18AUN1.SGM
ITC Final Determination.
18AUN1
Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Notices
sections 751(c) and 751(d)(2) of the Act
and published in accordance with
section 777(i) of the Act, and 19 CFR
351.218(f)(4).
Dated: August 14, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2023–17811 Filed 8–17–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Minority Business Development
Agency
[Doc. No. 230814–0194]
Notice of Solicitation for the Minority
Business Enterprises Advisory
Council for the Minority Business
Development Agency
Minority Business
Development Agency (MBDA),
Department of Commerce.
ACTION: Notice to solicit nominees.
AGENCY:
The U.S. Department of
Commerce, Minority Business
Development Agency (MBDA) is seeking
nominations for the Minority Business
Enterprises Advisory Council (MBEAC)
pursuant to the authority of the
Minority Business Development Act of
2021 and the Federal Advisory
Committee Act (FACA), as amended.
The Council will advise the Under
Secretary of Commerce for Minority
Business Development on various topics
impacting socially and economically
disadvantaged businesses. MBDA is
looking to appoint nine (9) members of
the initial term of the Council. These
individuals shall be from the private
sector with a balanced and broad range
of interests regarding the social and
economic life of minority business
concerns. The private sector members
may include individuals from academia
and think tanks, companies, chambers
of commerce, financial entities, labor
and trade associations, non-profit
organizations, and stakeholders
involved in socially and economically
disadvantaged business concerns.
DATES: MBDA will consider
applications received by September 18,
2023, for potential selection to the
inaugural MBEAC. Applications
received after this date may be
considered by MBDA as and when
vacancies become available.
ADDRESSES: Individuals who are
interested in being considered for the
MBEAC must submit a resume and
cover letter detailing their relevant
experience to advisorycouncil@
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
18:26 Aug 17, 2023
Jkt 259001
mbda.gov. If electronic submission is
not feasible, submissions may be mailed
to: Minority Business Development
Agency (MBDA), U.S. Department of
Commerce, Attn: Cara M. Morris, 1401
Constitution Ave., NW, Room 5075,
Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: Cara
M. Morris, Director, Business Center
Excellence & Program Support, Minority
Business Development Agency, U.S.
Department of Commerce, Email:
cmorris1@mbda.gov, 202–482–2332.
SUPPLEMENTARY INFORMATION: On
November 15, 2021, the Minority
Business Development Act of 2021 (Pub.
L. 117–58), made permanent the
Minority Business Development Agency
(MBDA) and expanded MBDA’s roles
and authorities. Among other things, the
Act mandated the creation of the
Minority Business Enterprises Advisory
Council (MBEAC or ‘‘the Council’’).
The objective of the MBEAC is to
provide group advice to the Under
Secretary of Commerce for Minority
Business Development on matters
pertaining to the growth and global
competitiveness of the nation’s 9.7
million minority business enterprises
(MBEs), such as identifying barriers to
entrepreneurship and business growth;
providing insight related to the
economic conditions of socially or
economically disadvantaged businesses;
proposing opportunities for
collaboration on and coordination of
policies relating to entrepreneurship
and business growth for socially and
economically disadvantaged businesses;
and advising on measures to better
achieve MBDA’s objectives. The
MBEAC was established in accordance
with the Federal Advisory Committee
Act, as amended (FACA), 5 U.S.C.
chapter 10. See the MBEAC Charter,
available at: https://gsageo.my.salesforce.com/sfc/p/#t0000
000Gyj0/a/t0000003Gceu/9JxK.9.iqBesj
ToAwbbYyuYpJviXxxZC3ELQmn5Mts4.
The MBDA is a dynamic organization
that needs industry leaders’ input with
a wide range of experience and insight.
Accordingly, the MBDA is soliciting
applications from private sector
representatives with a balanced and
broad range of interests regarding the
social and economic life of Minority
Business Enterprises (MBEs) to serve as
advisory committee members of the
MBEAC. Individuals may self-nominate
or be nominated by someone else.
The Council will consist of nine
members from the private sector as well
as at least ten members from federal
agencies that support or otherwise have
duties related to business formation,
including duties relating to labor
PO 00000
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56593
development, monetary policy, national
security, energy, agriculture,
transportation, and housing. The
Council will meet 2–3 times per year
and members shall serve for a term of
2 years. Members can be reappointed
after the 2-year term expires. MBDA is
soliciting two types of private sector
members. ‘‘Representative members’’
are appointed to offer insight and
perspectives of clearly identified sectors
and stakeholder groups. ‘‘Special
Government Employee (SGE) members’’
are appointed for their individual
expertise and experience. Special
Government Employees are subject to
conflict-of-interest laws and regulations,
including (but not limited to) the
obligation to annually file a New
Entrant Confidential Financial
Disclosure Report (OGE Form 450) and
complete ethics training. Representative
members are not subject to these
requirements. Private sector members
will be individually advised of the
capacity in which they will serve
through their appointment letters.
Please also note that members of the
Council shall not be compensated for
service on the Council but may be
allowed travel expenses, including per
diem in lieu of subsistence, in
accordance with subchapter I of chapter
57 of title 5, United States Code.
Council Size and Terms
The MBEAC will be comprised of at
least 19 members (9 private sector
members and at least 10 federal
members). The newly appointed
members will serve a two-year term and
may be reappointed. If a member
vacates the MBEAC before the end of
the two-year term, a replacement
member may be appointed to fill the
unexpired term.
The membership of the Council
should include expertise and
viewpoints that reflect the breadth of
the Council’s responsibilities. MBDA is
mindful that committees work best
when there is a mix of viewpoints
brought about through diverse
experiences in different areas of the
committee’s responsibility by members
of diverse races, genders, business and
industry sectors, and cultural
backgrounds. This Notice of Solicitation
will be widely distributed to encourage
a diverse applicant pool.
Qualifications and Selection Criteria
1. Expertise and Experience: Members
should possess significant expertise and
experience in areas relevant to the
growth and development of MBEs and
the business ecosystem, such as
business development,
entrepreneurship, finance, policy
E:\FR\FM\18AUN1.SGM
18AUN1
]]>Agencies
[Federal Register Volume 88, Number 159 (Friday, August 18, 2023)]
[Notices]
[Pages 56591-56593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17811]
-----------------------------------------------------------------------
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 Duty Orders and Countervailing
Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) orders on certain lined
paper products (lined paper) from India and the People's Republic of
China (China) and countervailing duty (CVD) order on lined paper from
India would likely lead to the continuation or recurrence of dumping,
countervailable subsidies, and material injury to an industry in the
United States, Commerce is publishing a notice of continuation of these
AD and CVD orders.
DATES: Applicable August 9, 2023.
FOR FURTHER INFORMATION CONTACT: Samuel Brummitt, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-7851.
SUPPLEMENTARY INFORMATION:
Background
On September 28, 2006, Commerce published in the Federal Register
the AD orders on lined paper from India and China and the CVD order on
lined paper from India.\1\ On February 1, 2023, the ITC instituted,\2\
and Commerce initiated,\3\ the third sunset reviews of the Orders,
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the
Act). As a result of its reviews, Commerce determined that revocation
of the Orders would likely lead to the continuation or recurrence of
dumping and countervailable subsidies, and therefore, notified the ITC
of the magnitude of the margins of dumping and subsidy rates likely to
prevail should the Orders be revoked.\4\
---------------------------------------------------------------------------
\1\ 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)
(Orders).
\2\ See Lined Paper School Supplies from China and India;
Institution of Five-Year Reviews; 88 FR 6787 (February 1, 2023).
\3\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 6700
(February 1, 2023).
\4\ See Certain Lined Paper Products from India and the People's
Republic of China: Final Results of Expedited Third Sunset Reviews
of the Antidumping Duty Orders, 88 FR 32187 (May 19, 2023), and
accompanying Issues and Decision Memoranda; see also Certain Lined
Paper Products from India: Final Results of the Expedited Sunset
Review of the Countervailing Duty Order, 88 FR 36535 (June 5, 2023).
---------------------------------------------------------------------------
On August 9, 2023, the ITC published its determination, pursuant to
sections 751(c) and 752(a) of the Act, that revocation of the Orders
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
---------------------------------------------------------------------------
\5\ See Lined Paper School Supplies from China and India, 88 FR
53917 (August 9, 2023) (ITC Final Determination).
---------------------------------------------------------------------------
Scope of the Orders
The products covered by the Orders are 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 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;
[[Page 56592]]
printed books and other books that are case bound through
the inclusion of binders board, a spine strip, and cover wrap;
newspapers;
pictures and photographs;
desk and wall calendars and organizers (including but not
limited to such products generally known as ``office planners,'' ``time
books,'' and ``appointment books'');
telephone logs;
address books;
columnar pads & tablets, with or without covers, primarily
suited for the recording of written numerical business data;
lined business or office forms, including but not limited
to: pre-printed business forms, lined invoice pads and paper, mailing
and address labels, manifests, and shipping log books;
lined continuous computer paper;
boxed or packaged writing stationery (including but not
limited to products commonly known as ``fine business paper,''
``parchment paper'', and ``letterhead''), whether or not containing a
lined header or decorative lines;
Stenographic pads (``steno pads''), Gregg ruled (``Gregg
ruling'' consists of a single- or double-margin vertical ruling line
down the center of the page. For a six-inch by nine-inch stenographic
pad, the ruling would be located approximately three inches from the
left of the book), measuring 6 inches by 9 inches.
Also excluded from the scope of 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 (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 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 (products found to be bearing an
invalidly licensed or used trademark are not excluded from the scope).
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 \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[supreg]AdvanceTM (products found to be bearing an
invalidly licensed or used trademark are not excluded from the scope).
FiveStar FlexTM: A notebook, a notebook
organizer, or binder with plastic polyolefin front and rear covers
joined by 300 denier polyester spine cover extending the entire length
of the spine and bound by a 3-ring plastic fixture. The polyolefin
plastic covers are of a specific thickness; front cover is 0.019 inches
(within normal manufacturing tolerances) and rear cover is 0.028 inches
(within normal manufacturing tolerances). During construction, the
polyester covering is sewn to the front cover face to face (outside to
outside) so that when the book is closed, the stitching is concealed
from the outside. During construction, the polyester cover is sewn to
the back cover with the outside of the polyester spine cover to the
inside back cover. Both free ends (the ends not sewn to the cover and
back) are stitched with a turned edge construction. Each ring within
the fixture is comprised of a flexible strap portion that snaps into a
stationary post which forms a closed binding ring. The ring fixture is
riveted with six metal rivets and sewn to the back plastic cover and is
specifically positioned on the outside back cover. The product must
bear the valid trademark FiveStar FlexTM (products found to
be bearing an invalidly licensed or used trademark are not excluded
from the scope).
Merchandise subject to the orders is typically imported under
headings 4810.22.5044, 4811.90.9050, 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 HTSUS headings are provided for convenience and customs
purposes; however, the written description of the scope of the orders
is dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to continuation or
recurrence of dumping, countervailable subsidies, and material injury
to an industry in the United States, pursuant to section 751(d)(2) of
the Act, Commerce hereby orders the continuation of the Orders. U.S.
Customs and Border Protection will continue to collect AD and CVD 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 the Orders will be August
9, 2023.\6\ Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year reviews
of the Orders not later than 30 days prior to fifth anniversary of the
date of the last determination by the Commission.
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\6\ See ITC Final Determination.
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Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
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.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are in accordance
with
[[Page 56593]]
sections 751(c) and 751(d)(2) of the Act and published in accordance
with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: August 14, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-17811 Filed 8-17-23; 8:45 am]
BILLING CODE 3510-DS-P
