Antidumping Duty Order: Raw Flexible Magnets from Taiwan, 53848-53849 [E8-21718]
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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PRC entered, or withdrawn from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withdrawn from warehouse, for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
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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
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Fmt 4703
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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]
-----------------------------------------------------------------------
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
