Raw Flexible Magnets from the People's Republic of China: Countervailing Duty Order, 53849-53850 [E8-21719]
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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merchandise entered, or withdrawn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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AGENCY:
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53850
Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Notices
pwalker on PROD1PC71 with NOTICES
countervailing duty order on the subject
merchandise.
Scope of the 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
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–
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.
VerDate Aug<31>2005
17:38 Sep 16, 2008
Jkt 214001
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
covered by 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
order is dispositive.
injury in the Federal Register,4 based on
the net countervailable subsidy rates
listed below:
Countervailing Duty Order
Effective September 2, 2008, CBP will
require, at the same time as importers
would normally deposit estimated
duties, cash deposits for the subject
merchandise equal to the net subsidy
rates listed above. The all–others rate
applies to all producers and exporters of
subject merchandise not specifically
listed.
The Department will also instruct
CBP to terminate the suspension of
liquidation for entries of RFM from the
PRC entered, or withdrawn from
warehouse, for consumption prior to
September 2, 2008, and refund any cash
deposit made and release any bonds
posted between the publication of the
Department’s preliminary determination
on February 25, 2008, and the
publication of the ITC’s final
determination on September 2, 2008.
This notice constitutes the
countervailing duty order with respect
to RFM from the PRC pursuant to
section 706(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 countervailing duty
orders currently in effect.
This countervailing duty order is
issued and published in accordance
with section 706(a) of the Act and 19
CFR 351.211.
In accordance with section 706(a)(1)
of the Act, the Department will direct
U.S. Customs and Border Protection
(CBP) to assess, upon further instruction
by the Department, countervailing
duties equal to the amount of the net
countervailable subsidy for all relevant
entries of RFM from the PRC.
According to section 706(b)(2) of the
Act, duties shall be assessed on subject
merchandise 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 if that determination is
based on the threat of material injury
and is no 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 706(b)(2) of the Act requires CBP
to refund any cash deposits or bonds of
estimated countervailing duties posted
since the Department’s preliminary
countervailing duty 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 706(b)(2) of the
Act is applicable. Therefore, the
Department will direct CBP to assess
countervailing duties on all
unliquidated entries of RFM 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
3 See Raw Flexible Magnets from the People’s
Republic of China: Preliminary Affirmative
Countervailing Duty Determination and Alignment
of Final Countervailing Duty Determination with
Final Antidumping Duty Determination, 73 FR 9998
(February 25, 2008).
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Sfmt 4703
Producer/exporter
China Ningbo Cixi Import Export Corporation ............................
Polyflex Magnets Ltd. ...
All Others ......................
Net Subsidy Rate
(percent)
109.95 percent ad
valorem
109.95 percent ad
valorem
109.95 percent ad
valorem
Dated: September 9, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E8–21719 Filed 9–16–08; 8:45 am]
BILLING CODE: 3510–DS–S
4 See Raw Flexible Magnets from China and
Taiwan, 73 FR 51317 (September 2, 2008).
E:\FR\FM\17SEN1.SGM
17SEN1
]]>Agencies
[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Notices]
[Pages 53849-53850]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21719]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-923]
Raw Flexible Magnets from the People's Republic of China:
Countervailing Duty Order
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 a countervailing duty order on raw flexible
magnets (RFM) from the People's Republic of China (PRC).
We released a Notice of Countervailing Duty Order to the parties
released on August 28, 2008. The notice we released contained incorrect
language regarding suspension of liquidation. This notice contains the
correct language. See ``Countervailing 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: December 17, 2008.
FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations,
Office 3, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-4793.
SUPPLEMENTARY INFORMATION:
Background
On July 10, 2008, the Department published its final determination
in the countervailing duty investigation on RFM from the PRC. See Raw
Flexible Magnets from the People's Republic of China: Final Affirmative
Countervailing Duty Determination, 73 FR 39667 (July 10, 2008).
On August 25, 2008, the ITC notified the Department of its final
determination pursuant to section 705(b)(1)(A)(i) of the Tariff Act of
1930, as amended (the Act), that an industry in the United States is
threatened with material injury by reason of subsidized imports of
subject merchandise from the PRC. 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 a
[[Page 53850]]
countervailing duty order on the subject merchandise.
Scope of the 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 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 covered by 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 order is dispositive.
Countervailing Duty Order
In accordance with section 706(a)(1) of the Act, the Department
will direct U.S. Customs and Border Protection (CBP) to assess, upon
further instruction by the Department, countervailing duties equal to
the amount of the net countervailable subsidy for all relevant entries
of RFM from the PRC.
According to section 706(b)(2) of the Act, duties shall be assessed
on subject merchandise 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 if that determination is based
on the threat of material injury and is no 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 706(b)(2) of the Act requires CBP
to refund any cash deposits or bonds of estimated countervailing duties
posted since the Department's preliminary countervailing duty
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 706(b)(2) of the Act is applicable.
Therefore, the Department will direct CBP to assess countervailing
duties on all unliquidated entries of RFM 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,\4\
based on the net countervailable subsidy rates listed below:
---------------------------------------------------------------------------
\3\ See Raw Flexible Magnets from the People's Republic of
China: Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Countervailing Duty Determination with Final
Antidumping Duty Determination, 73 FR 9998 (February 25, 2008).
\4\ See Raw Flexible Magnets from China and Taiwan, 73 FR 51317
(September 2, 2008).
------------------------------------------------------------------------
Net Subsidy Rate
Producer/exporter (percent)
------------------------------------------------------------------------
China Ningbo Cixi Import Export Corporation......... 109.95 percent ad
valorem
Polyflex Magnets Ltd................................ 109.95 percent ad
valorem
All Others.......................................... 109.95 percent ad
valorem
------------------------------------------------------------------------
Effective September 2, 2008, CBP will require, at the same time as
importers would normally deposit estimated duties, cash deposits for
the subject merchandise equal to the net subsidy rates listed above.
The all-others rate applies to all producers and exporters of subject
merchandise not specifically listed.
The Department will also instruct CBP to terminate the suspension
of liquidation for entries of RFM from the PRC entered, or withdrawn
from warehouse, for consumption prior to September 2, 2008, and refund
any cash deposit made and release any bonds posted between the
publication of the Department's preliminary determination on February
25, 2008, and the publication of the ITC's final determination on
September 2, 2008.
This notice constitutes the countervailing duty order with respect
to RFM from the PRC pursuant to section 706(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
countervailing duty orders currently in effect.
This countervailing duty order is issued and published in
accordance with section 706(a) of the Act and 19 CFR 351.211.
Dated: September 9, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E8-21719 Filed 9-16-08; 8:45 am]
BILLING CODE: 3510-DS-S
