Notice2023-17811
Certain Lined Paper Products From India and the People's Republic of China: Continuation of Antidumping Duty Orders and Countervailing Duty Order
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 18, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 159 (Friday, August 18, 2023)</title>
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[Federal Register Volume 88, Number 159 (Friday, August 18, 2023)]
[Notices]
[Pages 56591-56593]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17811]
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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 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\
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\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).
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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\
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\5\ See Lined Paper School Supplies from China and India, 88 FR
53917 (August 9, 2023) (ITC Final Determination).
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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:
<bullet> unlined copy machine paper;
<bullet> 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;
<bullet> three-ring or multiple-ring binders, or notebook
organizers incorporating such a ring binder provided that they do not
include subject paper;
<bullet> index cards;
[[Page 56592]]
<bullet> printed books and other books that are case bound through
the inclusion of binders board, a spine strip, and cover wrap;
<bullet> newspapers;
<bullet> pictures and photographs;
<bullet> desk and wall calendars and organizers (including but not
limited to such products generally known as ``office planners,'' ``time
books,'' and ``appointment books'');
<bullet> telephone logs;
<bullet> address books;
<bullet> columnar pads & tablets, with or without covers, primarily
suited for the recording of written numerical business data;
<bullet> 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;
<bullet> lined continuous computer paper;
<bullet> 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;
<bullet> 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:
<bullet> Fly<SUP>TM</SUP> lined paper products: A notebook,
notebook organizer, loose or glued note paper, with papers that are
printed with infrared reflective inks and readable only by a
Fly<SUP>TM</SUP> pen-top computer. The product must bear the valid
trademark Fly<SUP>TM</SUP> (products found to be bearing an invalidly
licensed or used trademark are not excluded from the scope).
<bullet> Zwipes<SUP>TM</SUP>: A notebook or notebook organizer made
with a blended polyolefin writing surface as the cover and pocket
surfaces of the notebook, suitable for writing using a specially-
developed permanent marker and erase system (known as a
Zwipes<SUP>TM</SUP> pen). This system allows the marker portion to mark
the writing surface with a permanent ink. The eraser portion of the
marker dispenses a solvent capable of solubilizing the permanent ink
allowing the ink to be removed. The product must bear the valid
trademark Zwipes<SUP>TM</SUP> (products found to be bearing an
invalidly licensed or used trademark are not excluded from the scope).
<bullet> FiveStar[supreg]Advance<SUP>TM</SUP>: 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]Advance<SUP>TM</SUP> (products found to be bearing an
invalidly licensed or used trademark are not excluded from the scope).
<bullet> FiveStar Flex<SUP>TM</SUP>: A notebook, a notebook
organizer, or binder with plastic polyolefin front and rear covers
joined by 300 denier polyester spine cover extending the entire length
of the spine and bound by a 3-ring plastic fixture. The polyolefin
plastic covers are of a specific thickness; front cover is 0.019 inches
(within normal manufacturing tolerances) and rear cover is 0.028 inches
(within normal manufacturing tolerances). During construction, the
polyester covering is sewn to the front cover face to face (outside to
outside) so that when the book is closed, the stitching is concealed
from the outside. During construction, the polyester cover is sewn to
the back cover with the outside of the polyester spine cover to the
inside back cover. Both free ends (the ends not sewn to the cover and
back) are stitched with a turned edge construction. Each ring within
the fixture is comprised of a flexible strap portion that snaps into a
stationary post which forms a closed binding ring. The ring fixture is
riveted with six metal rivets and sewn to the back plastic cover and is
specifically positioned on the outside back cover. The product must
bear the valid trademark FiveStar Flex<SUP>TM</SUP> (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
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</html>Indexed from Federal Register on August 18, 2023.
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