The scope of this order includes certain lined paper products, typically school supplies,1 1For 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. composed of or including paper that incorporates straight horizontal and/or vertical lines on ten or more paper sheets,2 2There 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 this order 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 this order 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,3 3“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 order are 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™.4 4Products 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™.5 5Products found to be bearing an invalidly licensed or used trademark are not excluded from the scope.
• FiveStarŽAdvance™: 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 inch wide elastic fabric band. This band is located 2-3/8 inches 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 FiveStarŽAdvance™.6 6Products 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™.7 7Products found to be bearing an invalidly licensed or used trademark are not excluded from the scope.
Merchandise subject to this order is typically imported under headings 4810.22.5044, 4811.90.9090, 4820.10.2010, 4820.10.2020, 4820.10.2050, and 4820.10.4000 of the Harmonized Tariff Schedule of the United States (HTSUS).8 8During the investigation additional HTSUS headings were identified. The tariff classifications are provided for convenience and customs purposes; however, the written description of the scope of the order is dispositive.
On October 19, 2006 the Department found that 8-1/2" x 6-7/8"composition book imported by SchoolMax LLC is outside the scope of the order.
On October 19, 2006 the Department found that the Encompass Journal Book, the Notable Journal Book, and the Project Manager’s Kit imported by GEM Group, Incorporated are outside the scope of the order.
On October 19, 2006 the Department found that the following products series, S300 Series, W74100 Series, WS65 Series, WS200 Series, WS149 Series, WS295 Series, WS490, WS491, WS495, WS293RA, and WS100-3RA imported by ACCO Brands Corporation are outside the scope of the order.
On October 19, 2006 the Department found that 8"x 10" composition book imported by SchoolMax LLC is inside the scope of the order.
On December 13, 2006 the Department found that writing cases containing 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) and/or they consist of hole-punched or drilled filler paper imported by Bond Street Ltd. are outside the scope of the order.
On December 13, 2006 the Department found that writing tablets 2i and 2ii imported by Bond Street Ltd. are inside the scope of the order.
Scope Rulings Completed Between October 1, 2006 and December 31, 2006:
Requestor: Bond Street Ltd.; its writing cases are not included within the scope of the antidumping duty order, and its two styles of writing tablets are included within the scope of the antidumping duty order; December 13, 2006.
Scope Rulings Completed Between April 1, 2007, and June 30, 2007:
Requestor: Lakeshore Learning Materials; certain printed educational materials, product numbers GG823 (Blank Writing Journal); RR801ML2 (Writing Journal); AA953ML3 (Diario para Escribir); GG528JNL (Vacation Journal); GG381JRN (Science Journal); RR969 and RR968 (My Math Journal); GG145 and GG146 (Math Journal, Grades 4 - 6); EE372 (Poetry Journal); GG154 and GG155 (Improve Your Writing Word Blank Journal); LA125 (Stamp, Draw, & Write Story Center); EE419 (Letter Writing Supply Kit); GG241JNL (Reading Journal); AA559 (Cursive Writing Letter Practice Book); AA558 (1 to 30 Printing Numbers Practice Book); AA565 (Lowercase Printing Letters Practice Book); and AA555 (Uppercase Printing Letters Practice Book), are not within the scope of the antidumping duty order; May 7, 2007.
Certain printed education materials, product numbers JJ537; JJ538; JJ342; JJ343; JJ225; JJ226; JJ2206; JJ2207; JJ255; JJ258, are not eligible for a scope ruling because they are in development and have not yet been produced.
Requestor: Avenues in Leather, Inc.; its padfolios which contain one pad of paper (whether or not the pad of paper meets the description of merchandise covered by the scope of the order) are not within the scope of the antidumping duty order; May 8, 2007.
Scope Rulings Completed Between July 1, 2007, and September 30, 2007:
Requestor: Bond Street Ltd.; padfolios containing one writing tablet (or pad of paper) with a cover are not within the scope of the antidumping duty order; July 16, 2007.
Scope Rulings Completed Between January 1, 2008, and March 31, 2008:
Requestor: Davis Group of Companies Corp.; padfolios typically manufactured and bound in leather or simulated leather, including features such as business card holders, ID windows, paper files, pockets and pen holders, in addition to the inclusion of a single paper writing pad, are not within the scope of the antidumping duty order; February 21, 2008.
Scope Rulings Completed Between January 1, 2009, and March 31, 2009
Requestor: Lakeshore Learning Materials; Lakeshore's printed educational materials, product numbers RR973 and RR974 (Reader's Book Log); RR673 and RR674 (My Word Journal); AA185 and AA186 (Mi Diario de Palabras); AA786 and AA787 (My First Draw & Write Journal); AA181 and AA182 (My Picture Word Journal); GG324 and GG325 (Writing Prompts Journal); Lakeshore's printed educational materials, product numbers GG185 and GG186 (Reader's Response Notebook); GG181 and GG182 (The Writer's Notebook); RR630 and RR631 (Draw & Write Journal) are within the scope of the antidumping duty order; March 4, 2009.
Requestor: Lakeshore Learning Materials; Lakeshore's printed educational materials, product numbers EE441 and EE442 (Daily Math Practice Journal Grades 1-3); EE443 and EE444 (Daily Math Practice Journal Grades 4-6); EE651 and EE652 (Daily Language Practice, Grades 1-3); EE653 and EE654 (Daily Language Practice Journal, Grades 4-6), are outside the scope of the antidumping duty order; March 4, 2009.
Scope Rulings Completed Between April 1, 2009, and June 30, 2009:
Requestor: PlanAhead LLC; writing cases, writing portfolios, portfolios and padfolios, 70314 Professional Padfolio; 70689 Contour Padfolio; 72055 Urban Padfolio; 72537 Fashion Padfolio, are outside the scope of the antidumping duty order; April 2, 2009.
Scope Rulings Completed Between July 1, 2009, and September 30, 2009:
Requestor: Wal-Mart Stores, Inc.; its notebook component, when imported as part of the complete stationery set, is within the scope of the antidumping duty order; July 17, 2009.
Requestor: Vera Bradley; its Clip Notes, which contain a standard sized clipboard measuring 10'' x 14'' with a hinged metal clip at the top and a single pad of lined paper measuring 8 [frac1s2]'' x 11,'' where the clip board and the single pad of paper are decorated with Vera Bradley's pattern design, are outside the scope of the antidumping duty order because it is not a substantial part of the Clip Notes; July 29, 2009.
Scope Rulings Completed Between October 1, 2009, and December 31, 2009:
Requestor: Lomographic Corporation (``Lomographic''); Lomographic's London Lomo Notebook and Lomo Notebook are outside the scope of the antidumping duty order; December 23, 2009.
Scope Rulings Completed Between January 1, 2010, and March 31, 2010
Requestor: Livescribe, Inc. (``Livescribe''); Livescribe's patented dot-patterned paper is outside the scope of the antidumping duty order; March 2, 2010.
Scope Rulings Completed Between January 1, 2011, and March 31, 2011
Requestor: C2F, Inc.; its PRO-0203-01 black journal and PTL-018121 black bound-stitched journal are not within the scope of the antidumping duty order; January 13, 2011.
Requestor: C2F, Inc.; its five bound-stitched journals (PTL-013142-2RB; PTL-016152-3SB; PTL-016143-2RD; PTL-016153-2RB; and PTL-019011) are not within the scope of the antidumping duty order; January 13, 2011.
Scope Rulings Completed Between January 1, 2012, and March 31, 2012
Requestor: Hobby Lobby; scrapbook paper is not within the scope of the antidumping duty order; January 6, 2012.
Scope Rulings Made Between October 1, 2012, and December 31, 2012:
Requestor: Esselte Corporation: Oxford Stone Paper Note Books are within the scope of the antidumping duty order; preliminary ruling December 28, 2012.
Scope Rulings Made Between January 1, 2013, and March 31, 2013
Requestor: Franklin Mill; Lined notebooks and Grid notebooks are not within the scope of the antidumping duty order; preliminary ruling January 16, 2013.
Requestor: Esselte Corporation; Stone paper notebooks are within the scope of the antidumping duty order; February 27, 2013.
Commerce issued a final scope determination on 05/07/2013 that Franklin Mill's two styles of leather bound-stitched journal products, Lined Notebooks and Grid Notebooks, which Franklin Mill imports and which are classified under HTSUS number 4820.10.2040, are not within the scope of the antidumping duty order on certain lined paper products from the People's Republic of China
Scope Rulings Made Between October 1, 2015 and December 31, 2015
Requestor: DaySpring Cards, Inc.; the ``Live Beautifully'' journal, a 10 inch by 7.5 inch journal that contains approximately 160 pages, is pre-printed with horizontal lines, contains inspirational quotes on each page, and whose cover is affixed to a text block made from a
binders board and spine strip is outside the scope because it meets the exclusion criteria for printed books and other books that are case bound through the inclusion of binders board, a spine strip, and cover wrap; November 18, 2015.
Notes from HTS Field:
Current as of 6/15/11: 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
former: 4810.22.5044, 4811.90.9090, 4820.10.2010, 4820.10.2020, 4820.10.2050, 4820.10.4000 |