Antidumping Duty Order: Raw Flexible Magnets from Taiwan, 53848-53849 [E8-21718]

Download as PDF 53848 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Notices Less Than Fair Value: Raw Flexible Magnets from the People’s Republic of China, 73 FR 22327 (April 25, 2008) (‘‘Preliminary Determination’’), section 736(b)(2) of the Act is applicable. Therefore, the Department will direct CBP to assess, upon further advice, antidumping duties on all unliquidated entries of raw flexible magnets from the PRC entered, or withdrawn from warehouse, for consumption on or after September 2, 2008, the date of publication of the ITC’s notice of final determination of threat of material injury in the Federal Register,3 in accordance with the following dumping margins: Manufacturer/Exporter Margin (Percent) Guangzhou Newlife Magnet Electricity Co., Ltd.4 ................... PRC–wide Entity ........... 105.00 185.28 pwalker on PROD1PC71 with NOTICES 4 Guangzhou Newlife Magnet Electricity Co., Ltd. both manufactures and exports subject merchandise. Effective September 2, 2008, CBP, pursuant to section 736(a)(3) of the Act, will require, at the same time as importers would normally deposit estimated duties on this merchandise, cash deposits equal to the estimated antidumping duty margins as listed above. The PRC–wide rate applies to all exporters of subject merchandise not specifically listed. The Department will also instruct CBP to terminate the suspension of liquidation for entries of raw flexible magnets from the PRC entered, or withdrawn from warehouse, for consumption prior to September 2, 2008, and refund any cash deposits made and release any bonds posted between the publication of the Preliminary Determination on April 25, 2008, and the publication of the ITC’s final determination on September 2, 2008. This notice constitutes the antidumping duty order with respect to raw flexible magnets from the PRC pursuant to section 736(a) of the Act. Interested parties may contact the Department’s Central Records Unit, Room 1117 of the main Department building, for copies of an updated list of antidumping duty orders currently in effect. This order is published in accordance with section 736(a) of the Act and 19 CFR 351.211. 3 See Raw Flexible Magnets from China and Taiwan, 73 FR 51317 (September 2, 2008). VerDate Aug<31>2005 17:38 Sep 16, 2008 Jkt 214001 Dated: September 9, 2008. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. [FR Doc. E8–21717 Filed 9–16–08; 8:45 am] BILLING CODE: 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–583–842] Antidumping Duty Order: Raw Flexible Magnets from Taiwan Import Administration, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC), the Department is issuing an antidumping duty order on raw flexible magnets from Taiwan. We released a Notice of Antidumping Duty Order to the parties on August 28, 2008. The notice we released on August 28, 2008, contained incorrect language regarding suspension of liquidation. This notice contains the correct language. See ‘‘Antidumping Duty Order’’ section below. The error was discovered prior to publication in the Federal Register. Consequently, this notice is being published in its place. EFFECTIVE DATE: September 17, 2008. FOR FURTHER INFORMATION CONTACT: Kristin Case, AD/CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–3174. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 10, 2008, the Department published the final determination of sales at less than fair value of raw flexible magnets from Taiwan. See Notice of Final Determination of Sales at Less Than Fair Value: Raw Flexible Magnets from Taiwan, 73 FR 39673 (July 10, 2008). On August 25, 2008, the International Trade Commission (ITC) notified the Department of its final determination pursuant to section 735(d) of the Tariff Act of 1930, as amended (the Act), that an industry in the United States is threatened with material injury within the meaning of section 735(b)(1)(A)(1) of the Act by reason of less–than-fair–value imports of raw flexible magnets from Taiwan. See letter from the ITC to the Secretary PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 of Commerce, Notification of Final Affirmative Determination of Raw Flexible Magnets from the People’s Republic of China and Taiwan (Investigation Nos. 701–TA–452, 731– TA–1129, 731–TA–1130), dated August 25, 2008. Pursuant to section 736(a) of the Act, the Department is publishing an antidumping duty order on the subject merchandise. Scope of Order The products covered by this order are certain flexible magnets regardless of shape,1 color, or packaging.2 Subject flexible magnets are bonded magnets composed (not necessarily exclusively) of (i) any one or combination of various flexible binders (such as polymers or co–polymers, or rubber) and (ii) a magnetic element, which may consist of a ferrite permanent magnet material (commonly, strontium or barium ferrite, or a combination of the two), a metal alloy (such as NdFeB or Alnico), any combination of the foregoing with each other or any other material, or any other material capable of being permanently magnetized. Subject flexible magnets may be in either magnetized or unmagnetized (including demagnetized) condition, and may or may not be fully or partially laminated or fully or partially bonded with paper, plastic, or other material, of any composition and/or color. Subject flexible magnets may be uncoated or may be coated with an adhesive or any other coating or combination of coatings. Specifically excluded from the scope of this order are printed flexible magnets, defined as flexible magnets (including individual magnets) that are laminated or bonded with paper, plastic, or other material if such paper, plastic, or other material bears printed text and/or images, including but not limited to business cards, calendars, poetry, sports event schedules, business promotions, decorative motifs, and the like. This exclusion does not apply to such printed flexible magnets if the printing concerned consists of only the following: a trade mark or trade name; country of origin; border, stripes, or lines; any printing that is removed in the course of cutting and/or printing magnets for retail sale or other disposition from the flexible magnet; manufacturing or use instructions (e.g., ‘‘print this side up,’’ ‘‘this side up,’’ ‘‘laminate here’’); printing on adhesive backing (that is, material to be removed 1 The term ‘‘shape’’ includes but is not limited to profiles, which are flexible magnets with a nonrectangular cross-section. 2 Packaging includes retail or specialty packaging such as digital printer cartridges. E:\FR\FM\17SEN1.SGM 17SEN1 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Notices in order to expose adhesive for use such as application of laminate) or on any other covering that is removed from the flexible magnet prior or subsequent to final printing and before use; non– permanent printing (that is, printing in a medium that facilitates easy removal, permitting the flexible magnet to be re– printed); printing on the back (magnetic) side; or any combination of the above. All products meeting the physical description of subject merchandise that are not specifically excluded are within the scope of this order. The products subject to the order are currently classifiable principally under subheadings 8505.19.10 and 8505.19.20 of the Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS subheadings are provided only for convenience and customs purposes; the written description of the scope of this proceeding is dispositive. pwalker on PROD1PC71 with NOTICES Antidumping Duty Order In accordance with section 736(a)(1) of the Act, the Department will direct U.S. Customs and Border Protection (CBP) to assess, upon further information from the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or the constructed export price) of the merchandise for all relevant entries of raw flexible magnets from Taiwan. According to section 736(b)(2) of the Act, duties shall be assessed on subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the ITC’s notice of final determination if that determination is based on the threat of material injury and is not accompanied by a finding that injury would have resulted without the imposition of suspension of liquidation of entries since the Department’s preliminary determination. In addition, section 736(b)(2) of the Act requires CBP to refund any cash deposits or bonds of estimated antidumping duties posted since the Department’s preliminary antidumping determination if the ITC’s final determination is threat–based. Because the ITC’s final determination in this case is based on the threat of material injury and is not accompanied by a finding that injury would have resulted but for the imposition of suspension of liquidation of entries since the Department’s preliminary determination,3 section 736(b)(2) of the Act is applicable. Therefore, the 3 See Notice of Preliminary Determination of Sales at Less Than Fair Value: Raw Flexible Magnets from Taiwan, 73 FR 22332 (April 25, 2008). VerDate Aug<31>2005 17:38 Sep 16, 2008 Jkt 214001 Department will direct CBP to assess antidumping duties on all unliquidated raw flexible magnets from Taiwan entered, or withdrawn from warehouse, for consumption on or after September 2, 2008, the date of publication of the ITC’s notice of final determination of threat of material injury in the Federal Register,4 based on the antidumping margins listed below: 53849 DEPARTMENT OF COMMERCE International Trade Administration [C–570–923] Raw Flexible Magnets from the People’s Republic of China: Countervailing Duty Order Import Administration, International Trade Administration, Weighted– Department of Commerce. Average SUMMARY: Based on affirmative final Producer or Exporter Margin determinations by the Department of (percent) Commerce (the Department) and the Kin Fong Magnets Co., Ltd. ....... 38.03 International Trade Commission (ITC), the Department is issuing a Magruba Flexible Magnets Co., Ltd. .......................................... 38.03 countervailing duty order on raw JASDI Magnet Co., Ltd. ............. 38.03 flexible magnets (RFM) from the All Others .................................... 31.20 People’s Republic of China (PRC). We released a Notice of Effective September 2, 2008, the date Countervailing Duty Order to the parties of publication of the ITC’s notice of final released on August 28, 2008. The notice determination in the Federal Register, we released contained incorrect CBP will require, at the same time as language regarding suspension of importers would normally deposit liquidation. This notice contains the estimated duties on this merchandise, correct language. See ‘‘Countervailing cash deposits for the subject Duty Order’’ section below. The error merchandise equal to the estimated was discovered prior to publication in weighted–average antidumping margins the Federal Register. Consequently, this listed above. See section 736(a)(3) of the notice is being published in its place. Act. The all–others rate applies to all EFFECTIVE DATE: December 17, 2008. producers or exporters not specifically FOR FURTHER INFORMATION CONTACT: listed. The Department will also instruct Kristen Johnson, AD/CVD Operations, CBP to terminate the suspension of Office 3, Import Administration, liquidation for entries of raw flexible International Trade Administration, magnets from Taiwan entered, or U.S. Department of Commerce, 14th withdrawn from warehouse, for Street and Constitution Avenue, NW, consumption prior to September 2, Washington, DC 20230; telephone: (202) 2008, and refund any cash deposits 482–4793. made and release any bonds posted SUPPLEMENTARY INFORMATION: between the publication of the Department’s preliminary determination Background on April 25, 2008, and the publication On July 10, 2008, the Department of the ITC’s final determination on published its final determination in the September 2, 2008. countervailing duty investigation on This notice constitutes the RFM from the PRC. See Raw Flexible antidumping duty order with respect to Magnets from the People’s Republic of raw flexible magnets from Taiwan, China: Final Affirmative Countervailing pursuant to section 736(a) of the Act. Duty Determination, 73 FR 39667 (July Interested parties may contact the 10, 2008). Department’s Central Records Unit, On August 25, 2008, the ITC notified Room B–1117 of the main Department the Department of its final Building, for copies of an updated list of antidumping duty orders currently in determination pursuant to section 705(b)(1)(A)(i) of the Tariff Act of 1930, effect. as amended (the Act), that an industry This order is published in accordance in the United States is threatened with with section 736(a) of the Act and 19 material injury by reason of subsidized CFR 351.211. imports of subject merchandise from the Dated: September 9, 2008. PRC. See Letter from the ITC to the Stephen J. Claeys, Secretary of Commerce, Notification of Acting Assistant Secretary for Import Final Affirmative Determination of Raw Administration. Flexible Magnets from the People’s [FR Doc. E8–21718 Filed 9–16–08; 8:45 am] Republic of China and Taiwan (Investigation Nos. 701–TA–452, 731– BILLING CODE 3510–DS–S TA–1129, 731–TA–1130), dated August 25, 2008. Pursuant to section 736(a) of 4 See Raw Flexible Magnets from China and Taiwan, 73 FR 51317 (September 2, 2008). the Act, the Department is publishing a PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 AGENCY: E:\FR\FM\17SEN1.SGM 17SEN1

Agencies

[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Notices]
[Pages 53848-53849]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21718]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-842]


Antidumping Duty Order: Raw Flexible Magnets from Taiwan

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC), 
the Department is issuing an antidumping duty order on raw flexible 
magnets from Taiwan.
    We released a Notice of Antidumping Duty Order to the parties on 
August 28, 2008. The notice we released on August 28, 2008, contained 
incorrect language regarding suspension of liquidation. This notice 
contains the correct language. See ``Antidumping Duty Order'' section 
below. The error was discovered prior to publication in the Federal 
Register. Consequently, this notice is being published in its place.

EFFECTIVE DATE: September 17, 2008.

FOR FURTHER INFORMATION CONTACT: Kristin Case, AD/CVD Operations, 
Office 5, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-3174.

SUPPLEMENTARY INFORMATION:

Background

    On July 10, 2008, the Department published the final determination 
of sales at less than fair value of raw flexible magnets from Taiwan. 
See Notice of Final Determination of Sales at Less Than Fair Value: Raw 
Flexible Magnets from Taiwan, 73 FR 39673 (July 10, 2008). On August 
25, 2008, the International Trade Commission (ITC) notified the 
Department of its final determination pursuant to section 735(d) of the 
Tariff Act of 1930, as amended (the Act), that an industry in the 
United States is threatened with material injury within the meaning of 
section 735(b)(1)(A)(1) of the Act by reason of less-than-fair-value 
imports of raw flexible magnets from Taiwan. See letter from the ITC to 
the Secretary of Commerce, Notification of Final Affirmative 
Determination of Raw Flexible Magnets from the People's Republic of 
China and Taiwan (Investigation Nos. 701-TA-452, 731-TA-1129, 731-TA-
1130), dated August 25, 2008. Pursuant to section 736(a) of the Act, 
the Department is publishing an antidumping duty order on the subject 
merchandise.

Scope of Order

    The products covered by this order are certain flexible magnets 
regardless of shape,\1\ color, or packaging.\2\ Subject flexible 
magnets are bonded magnets composed (not necessarily exclusively) of 
(i) any one or combination of various flexible binders (such as 
polymers or co-polymers, or rubber) and (ii) a magnetic element, which 
may consist of a ferrite permanent magnet material (commonly, strontium 
or barium ferrite, or a combination of the two), a metal alloy (such as 
NdFeB or Alnico), any combination of the foregoing with each other or 
any other material, or any other material capable of being permanently 
magnetized.
---------------------------------------------------------------------------

    \1\ The term ``shape'' includes but is not limited to profiles, 
which are flexible magnets with a non-rectangular cross-section.
    \2\ Packaging includes retail or specialty packaging such as 
digital printer cartridges.
---------------------------------------------------------------------------

    Subject flexible magnets may be in either magnetized or 
unmagnetized (including demagnetized) condition, and may or may not be 
fully or partially laminated or fully or partially bonded with paper, 
plastic, or other material, of any composition and/or color. Subject 
flexible magnets may be uncoated or may be coated with an adhesive or 
any other coating or combination of coatings.
    Specifically excluded from the scope of this order are printed 
flexible magnets, defined as flexible magnets (including individual 
magnets) that are laminated or bonded with paper, plastic, or other 
material if such paper, plastic, or other material bears printed text 
and/or images, including but not limited to business cards, calendars, 
poetry, sports event schedules, business promotions, decorative motifs, 
and the like. This exclusion does not apply to such printed flexible 
magnets if the printing concerned consists of only the following: a 
trade mark or trade name; country of origin; border, stripes, or lines; 
any printing that is removed in the course of cutting and/or printing 
magnets for retail sale or other disposition from the flexible magnet; 
manufacturing or use instructions (e.g., ``print this side up,'' ``this 
side up,'' ``laminate here''); printing on adhesive backing (that is, 
material to be removed

[[Page 53849]]

in order to expose adhesive for use such as application of laminate) or 
on any other covering that is removed from the flexible magnet prior or 
subsequent to final printing and before use; non-permanent printing 
(that is, printing in a medium that facilitates easy removal, 
permitting the flexible magnet to be re-printed); printing on the back 
(magnetic) side; or any combination of the above.
    All products meeting the physical description of subject 
merchandise that are not specifically excluded are within the scope of 
this order. The products subject to the order are currently 
classifiable principally under subheadings 8505.19.10 and 8505.19.20 of 
the Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS 
subheadings are provided only for convenience and customs purposes; the 
written description of the scope of this proceeding is dispositive.

Antidumping Duty Order

    In accordance with section 736(a)(1) of the Act, the Department 
will direct U.S. Customs and Border Protection (CBP) to assess, upon 
further information from the Department, antidumping duties equal to 
the amount by which the normal value of the merchandise exceeds the 
export price (or the constructed export price) of the merchandise for 
all relevant entries of raw flexible magnets from Taiwan. According to 
section 736(b)(2) of the Act, duties shall be assessed on subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of the ITC's notice of final 
determination if that determination is based on the threat of material 
injury and is not accompanied by a finding that injury would have 
resulted without the imposition of suspension of liquidation of entries 
since the Department's preliminary determination. In addition, section 
736(b)(2) of the Act requires CBP to refund any cash deposits or bonds 
of estimated antidumping duties posted since the Department's 
preliminary antidumping determination if the ITC's final determination 
is threat-based. Because the ITC's final determination in this case is 
based on the threat of material injury and is not accompanied by a 
finding that injury would have resulted but for the imposition of 
suspension of liquidation of entries since the Department's preliminary 
determination,\3\ section 736(b)(2) of the Act is applicable. 
Therefore, the Department will direct CBP to assess antidumping duties 
on all unliquidated raw flexible magnets from Taiwan entered, or 
withdrawn from warehouse, for consumption on or after September 2, 
2008, the date of publication of the ITC's notice of final 
determination of threat of material injury in the Federal Register,\4\ 
based on the antidumping margins listed below:
---------------------------------------------------------------------------

    \3\ See Notice of Preliminary Determination of Sales at Less 
Than Fair Value: Raw Flexible Magnets from Taiwan, 73 FR 22332 
(April 25, 2008).
    \4\ See Raw Flexible Magnets from China and Taiwan, 73 FR 51317 
(September 2, 2008).

------------------------------------------------------------------------
                                                            Weighted-
                  Producer or Exporter                    Average Margin
                                                            (percent)
------------------------------------------------------------------------
Kin Fong Magnets Co., Ltd..............................          38.03
Magruba Flexible Magnets Co., Ltd......................          38.03
JASDI Magnet Co., Ltd..................................          38.03
All Others.............................................          31.20
------------------------------------------------------------------------

    Effective September 2, 2008, the date of publication of the ITC's 
notice of final determination in the Federal Register, CBP will 
require, at the same time as importers would normally deposit estimated 
duties on this merchandise, cash deposits for the subject merchandise 
equal to the estimated weighted-average antidumping margins listed 
above. See section 736(a)(3) of the Act. The all-others rate applies to 
all producers or exporters not specifically listed. The Department will 
also instruct CBP to terminate the suspension of liquidation for 
entries of raw flexible magnets from Taiwan entered, or withdrawn from 
warehouse, for consumption prior to September 2, 2008, and refund any 
cash deposits made and release any bonds posted between the publication 
of the Department's preliminary determination on April 25, 2008, and 
the publication of the ITC's final determination on September 2, 2008.
    This notice constitutes the antidumping duty order with respect to 
raw flexible magnets from Taiwan, pursuant to section 736(a) of the 
Act. Interested parties may contact the Department's Central Records 
Unit, Room B-1117 of the main Department Building, for copies of an 
updated list of antidumping duty orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: September 9, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E8-21718 Filed 9-16-08; 8:45 am]
BILLING CODE 3510-DS-S