MESSAGE NO: 6058206 DATE: 02 27 2006
CATEGORY: CVD TYPE: PRE
REFERENCE: REFERENCE DATE:
CASES: C - 533 - 844 - -
- - - -
- - - -

PERIOD COVERED: 02 15 2006 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NOTICE OF A PRELIMINARY DETERMINATION IN A
COUNTERVAILING DUTY INVESTIGATION OF CERTAIN LINED
PAPER PRODUCTS FROM INDIA ( C-533-844 )

1. ON 02/15/2006, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE
FEDERAL REGISTER ITS PRELIMINARY AFFIRMATIVE DETERMINATION IN THE
COUNTERVAILING DUTY INVESTIGATION OF CERTAIN LINED PAPER PRODUCTS
FROM INDIA.

2. THE SCOPE OF THIS INVESTIGATION INCLUDES CERTAIN LINED PAPER
PRODUCTS, TYPICALLY SCHOOL SUPPLIES, (FOR PURPOSES OF THIS SCOPE
DEFINITION, THE ACTUAL USE OF OR LABELING THESE PRODUCTS AS
SCHOOL SUPPLIES OR NON-SCHOOL SUPPLIES IS NOT A DEFINING
CHARACTERISTIC.) COMPOSED OF OR INCLUDING PAPER THAT INCORPORATES
STRAIGHT HORIZONTAL AND/OR VERTICAL LINES ON TEN OR MORE PAPER
SHEETS, (THERE SHALL BE NO MINIMUM PAGE REQUIREMENT FOR LOOSELEAF
FILLER PAPER.) INCLUDING BUT NOT LIMITED TO SUCH PRODUCTS AS
SINGLE- AND MULTI-SUBJECT NOTEBOOKS, COMPOSITION BOOKS, WIRELESS
NOTEBOOKS, LOOSELEAF OR GLUED FILLER PAPER, GRAPH PAPER, AND
LABORATORY NOTEBOOKS, AND WITH THE SMALLER DIMENSION OF THE PAPER
MEASURING 6 INCHES TO 15 INCHES (INCLUSIVE) AND THE LARGER
DIMENSION OF THE PAPER MEASURING 8-3/4 INCHES TO 15 INCHES
(INCLUSIVE). PAGE DIMENSIONS ARE MEASURED SIZE (NOT ADVERTISED,
STATED, OR "TEAR-OUT" SIZE), AND ARE MEASURED AS THEY APPEAR IN
THE PRODUCT (I.E., STITCHED AND FOLDED PAGES IN A NOTEBOOK ARE
MEASURED BY THE SIZE OF THE PAGE AS IT APPEARS IN THE NOTEBOOK
PAGE, NOT THE SIZE OF THE UNFOLDED PAPER). HOWEVER, FOR
MEASUREMENT PURPOSES, PAGES WITH TAPERED OR ROUNDED EDGES SHALL
BE MEASURED AT THEIR LONGEST AND WIDEST POINTS. SUBJECT LINED
PAPER PRODUCTS MAY BE LOOSE, PACKAGED OR BOUND USING ANY BINDING
METHOD (OTHER THAN CASE BOUND THROUGH THE INCLUSION OF BINDERS
BOARD, A SPINE STRIP, AND COVER WRAP).
SUBJECT MERCHANDISE MAY OR MAY NOT CONTAIN ANY COMBINATION OF A
FRONT COVER, A REAR COVER, AND/OR BACKING OF ANY COMPOSITION,
REGARDLESS OF THE INCLUSION OF IMAGES OR GRAPHICS ON THE COVER,
BACKING, OR PAPER. SUBJECT MERCHANDISE IS WITHIN THE SCOPE OF
THESE INVESTIGATIONS 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 INVESTIGATIONS
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 STATIONARY (INCLUDING BUT NOT
LIMITED TO PRODUCTS COMMONLY KNOWN AS "FINE BUSINESS
PAPER," "PARCHMENT PAPER, " AND "LETTERHEAD"), WHETHER OR
NOT CONTAINING A LINED HEADER OR DECORATIVE LINES;
STENOGRAPHIC PADS ("STENO PADS"), GREGG RULED,("GREGG
RULING" CONSISTS OF A SINGLE- OR DOUBLE-MARGIN VERTICAL
RULING LINE DOWN THE CENTER OF THE PAGE. FOR A SIX-INCH BY
NINE-INCH STENOGRAPHIC PAD, THE RULING WOULD BE LOCATED
APPROXIMATELY THREE INCHES FROM THE LEFT OF THE BOOK.)
MEASURING 6 INCHES BY 9 INCHES;

ALSO EXCLUDED FROM THE SCOPE OF THIS INVESTIGATION IS THE
FOLLOWING TRADEMARKED PRODUCTS:

FLY 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
PEN-TOP COMPUTER. THE PRODUCT MUST BEAR THE VALID
TRADEMARK FLY . (PRODUCTS FOUND TO BE BEARING AN INVALIDLY
LICENSED OR USED TRADEMARK ARE NOT EXCLUDED FROM THE
SCOPE.)

ZWIPES : 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 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 . (PRODUCTS FOUND TO BE BEARING AN INVALIDLY
LICENSED OR USED TRADEMARK ARE NOT EXCLUDED FROM THE
SCOPE.)

FIVESTAR ADVANCE : 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 .019 INCHES (WITHIN NORMAL MANUFACTURING
TOLERANCES) AND REAR COVER IS .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 ADVANCE . (PRODUCTS FOUND TO BE BEARING AN
INVALIDLY LICENSED OR USED TRADEMARK ARE NOT EXCLUDED FROM
THE SCOPE.)

FIVESTAR FLEX : 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 .019 INCHES (WITHIN NORMAL MANUFACTURING
TOLERANCES) AND REAR COVER IS .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 .
(PRODUCTS FOUND TO BE BEARING AN INVALIDLY LICENSED OR USED
TRADEMARK ARE NOT EXCLUDED FROM THE SCOPE.)

MERCHANDISE SUBJECT TO THESE INVESTIGATIONS IS TYPICALLY IMPORTED
UNDER HEADINGS 4820.10.2050, 4810.22.5044, OR 4811.90.9090 OF THE
HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS). (DURING
THE INVESTIGATION ADDITIONAL HTS CODES MAY BE IDENTIFIED.) THE
TARIFF CLASSIFICATIONS ARE PROVIDED FOR CONVENIENCE AND U.S.
CUSTOMS AND BORDER PROTECTION PURPOSES; HOWEVER, THE WRITTEN
DESCRIPTION OF THE SCOPE OF THE INVESTIGATION IS DISPOSITIVE.

3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER ( C-533-844 ).

4. FOR IMPORTS OF CERTAIN LINED PAPER PRODUCTS FROM INDIA, THE
BUREAU OF CUSTOMS AND BORDER PROTECTION SHALL SUSPEND
LIQUIDATIONS OF SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER 02/15/2006. EFFECTIVE
02/15/2006 CUSTOMS SHALL REQUIRE, FOR SUCH ENTRIES, A CASH
DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE SUBSIDY RATES SHOWN
BELOW:

MFR/PRODUCER CUSTOMS ID AD VALOREM
EXPORTER NUMBER SUBSIDY RATE

AREO EXPORTS C-533-844-001 6.92
KEJRIWAL PAPER LIMITED C-533-844-002 2.20
NAVNEET PUBLICATIONS C-533-844-003 7.17
ALL OTHERS C-533-844-000 5.99

5. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION OF THE
CUSTOMS SERVICE, CUSTOMS OFFICERS MAY ACCEPT EITHER A SINGLE-
ENTRY BASIC IMPORTATION AND ENTRY BOND OR A CONTINUOUS BASIC
IMPORTATION AND ENTRY BOND ONLY IF THE AMOUNT OF THE ESTIMATED
ANTIDUMPING OR COUNTERVAILING DUTY IS LESS THAN FIVE PERCENT AD
VALOREM (OR THE EQUIVALENT). OTHERWISE, WHERE THE IMPORTER HAS
THE OPTION TO POST A BOND FOR ESTIMATED ANTIDUMPING OR
COUNTERVAILING DUTIES, CUSTOMS OFFICERS MUST REQUIRE A SINGLE-
ENTRY BASIC IMPORTATION AND ENTRY BOND PURSUANT TO T.D. 85-145.
YOU ARE INSTRUCTED TO ADHERE TO THE REQUIREMENTS OF T.D. 85-145
WITH RESPECT TO THESE BONDING REQUIREMENTS.

6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR
(202) 482-3577 RESPECTIVELY (GENERATED BY O3:RC)

7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

CATHY SAUCEDA