Raw Flexible Magnets From the People's Republic of China and Taiwan: Continuation of Antidumping Duty Orders and Countervailing Duty Order, 35369-35370 [2019-15618]

Download as PDF 35369 Notices Federal Register Vol. 84, No. 141 Tuesday, July 23, 2019 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. DEPARTMENT OF COMMERCE International Trade Administration [A–570–922, A–583–842, C–570–923] Raw Flexible Magnets From the People’s Republic of China and Taiwan: Continuation of Antidumping Duty Orders and Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) orders on raw flexible magnets from the People’s Republic of China (China) and Taiwan, and revocation of the countervailing duty (CVD) order on raw flexible magnets from China would likely lead to a continuation or recurrence of dumping, countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD orders and the CVD order. DATES: Applicable July 23, 2019. FOR FURTHER INFORMATION CONTACT: Joshua Poole, AD/CVD Operations, Office I (AD), and Kristen Johnson, AD/ CVD Operations, Office III (CVD), Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1293 and (202) 482–4793, respectively. SUPPLEMENTARY INFORMATION: jspears on DSK30JT082PROD with NOTICES AGENCY: Background On September 17, 2008, Commerce published in the Federal Register the AD orders on raw flexible magnets from China and Taiwan and the CVD order VerDate Sep<11>2014 16:43 Jul 22, 2019 Jkt 247001 on raw flexible magnets from China.1 On January 2, 2019, the ITC instituted its review of the Orders, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On February 5, 2019, Commerce published the initiation of the second sunset reviews of the Orders, pursuant to section 751(c) of the Act.3 On February 8, 2019, Commerce received timely notices of intent to participate in these sunset reviews from Magnum Magnetics Corporation (Magnum) within the deadline specified in 19 CFR 351.218(d)(1)(i).4 Magnum, a domestic producer of the subject merchandise, claimed interested party status under section 771(9)(C) of the Act.5 On March 7, 2019, Commerce received complete and adequate substantive responses from Magnum within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).6 Commerce received no substantive response from respondent interested parties. Pursuant to section 751(c)(3)(B) of the Act, Commerce conducted expedited (120-day) sunset reviews of the Orders.7 On June 5, 2019, the ITC published its notice to conduct an expedited five-year review of the Orders.8 As a result of its reviews, Commerce determined, pursuant to sections 1 See Antidumping Duty Order: Raw Flexible Magnets from the People’s Republic of China, 73 FR 53847 (September 17, 2008); see also Antidumping Duty Order: Raw Flexible Magnets from Taiwan, 73 FR 53848 (September 17, 2008); and Raw Flexible Magnets from the People’s Republic of China: Countervailing Duty Order, 73 FR 53849 (September 17, 2008) (collectively, Orders). 2 See Raw Flexible Magnets from China and Taiwan; Institution of Five-Year Reviews, 84 FR 8 (January 2, 2019). 3 See Initiation of Five-Year (Sunset) Reviews, 84 FR 1705 (February 5, 2019). 4 See Letter from Magnum, ‘‘Five-Year Review of Raw Flexible Magnets from China and Taiwan: Notice of Intent to Participate,’’ dated February 8, 2019. 5 Id. 6 See Letter from Magnum, ‘‘Five-Year (‘‘Sunset’’) Review of the Antidumping Duty and Countervailing Duty Orders on Raw Flexible Magnets from China and Taiwan: Domestic Industry Substantive Response,’’ dated March 7, 2019. 7 See Raw Flexible Magnets from the People’s Republic of China and Taiwan: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders, 84 FR 26400 (June 6, 2019); see also Raw Flexible Magnets from the People’s Republic of China: Final Results of the Expedited Second Sunset Review of the Countervailing Duty Order, 84 FR 26403 (June 6, 2019) (collectively, Sunset Final Results). 8 See Raw Flexible Magnets from China and Taiwan; Scheduling of Expedited Five-Year Reviews, 84 FR 26156 (June 5, 2019). PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 751(c)(1) and 752(b) and (c) of the Act, that revocation of the Orders on raw flexible magnets from China and Taiwan would likely lead to continuation or recurrence of dumping and countervailable subsidies. Commerce, therefore, notified the ITC of the magnitude of the margins of dumping and net countervailable subsidy rates likely to prevail should these Orders be revoked, in accordance with sections 752(b)(3) and (c)(3) of the Act.9 On July 17, 2019, the ITC published its determination that revocation of the Orders would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time, pursuant to sections 751(c) and 752(a) of the Act.10 Scope of the Orders The products covered by the orders are certain flexible magnets regardless of shape,11 color, or packaging.12 Subject flexible magnets are bonded magnets composed (not necessarily exclusively) of (i) any one or combination of various flexible binders (such as polymers or copolymers, 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 the orders are printed flexible magnets, defined as flexible magnets 9 See Sunset Final Results. Raw Flexible Magnets from China and Taiwan; Determination, 84 FR 34199 (July 17, 2019); see also Raw Flexible Magnets from China and Taiwan: Investigation Nos. 701–TA–452 and 731–TA–1129–1130 (Second Review), USITC Publication 4921 (July 2019). 11 The term ‘‘shape’’ includes, but is not limited to profiles, which are flexible magnets with a nonrectangular cross-section. 12 Packaging includes retail or specialty packaging such as digital printer cartridges. 10 See E:\FR\FM\23JYN1.SGM 23JYN1 35370 Federal Register / Vol. 84, No. 141 / Tuesday, July 23, 2019 / Notices jspears on DSK30JT082PROD with NOTICES (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; nonpermanent printing (that is, printing in a medium that facilitates easy removal, permitting the flexible magnet to be reprinted); 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 the orders. The products subject to the orders 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 the orders is dispositive. Continuation of the Orders As a result of the determinations by Commerce and the ITC that revocation of the Orders would likely lead to a continuation or recurrence of dumping, countervailable subsidies, and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of these Orders on raw flexible magnets from China and Taiwan. U.S. Customs and Border Protection will continue to collect AD and CVD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of these Orders will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next five-year (sunset) VerDate Sep<11>2014 16:43 Jul 22, 2019 Jkt 247001 reviews of these Orders not later than 30 days prior to the fifth anniversary of the effective date of continuation. Administrative Protective Order (APO) This notice also serves as the only reminder to parties subject to APO of their responsibility concerning the return, destruction, or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. Notification to Interested Parties These five-year sunset reviews and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). Dated: July 17, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2019–15618 Filed 7–22–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–929] Small Diameter Graphite Electrodes From the People’s Republic of China: Notice of Partial Rescission of Antidumping Duty Administrative Review; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 2, 2019, The Department of Commerce (Commerce) published a notice of initiation of an administrative review of the antidumping duty order on small diameter graphite electrodes from the People’s Republic of China (China). Based on the timely withdrawal of the requests for review of certain companies, we are now rescinding this administrative review for the period February 1, 2018, through January 31, 2019, with respect to 198 companies. DATES: Applicable July 23, 2019. FOR FURTHER INFORMATION CONTACT: Dennis McClure, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5973. SUPPLEMENTARY INFORMATION: AGENCY: PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 Background On February 26, 2009, Commerce published in the Federal Register the antidumping duty order on small diameter graphite electrodes from China.1 On February 8, 2019, Commerce published a notice of opportunity to request an administrative review of the antidumping duty order on small diameter graphite electrodes from China for the period of review February 1, 2018, through January 31, 2019.2 On February 28, 2019, Tokai Carbon GE LLC (the petitioner) 3 requested an administrative review of the order for 199 producers and/or exporters of the subject merchandise.4 On May 2, 2019, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.221(c)(1)(i), we initiated an administrative review of the order on small diameter graphite electrodes from China with respect to 199 companies.5 On July 11, 2019, the petitioner withdrew its request for an administrative review of 198 out of the 199 companies listed in its review request.6 See the Initiation Notice for the full list of companies for which Commerce initiated a review. Partial Rescission of Review Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the party that requested the review withdraws its request within 90 days of the publication of the notice of initiation of the requested review. In this case, the petitioner timely withdrew its review request, in part, by the 90-day deadline, and no other party requested an administrative review of the antidumping duty order for the companies for which the petitioner withdrew its review request. Therefore, we are rescinding the administrative review of the antidumping duty order 1 See Antidumping Duty Order: Small Diameter Graphite Electrodes from the People’s Republic of China, 74 FR 8775 (February 26, 2009). 2 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 84 FR 2816 (February 8, 2019). 3 Formerly, SGL Carbon LLC and Superior Graphite Co. 4 See the petitioner’s submission, ‘‘Small Diameter Graphite Electrodes from the People’s Republic of China—Request for Initiation of Antidumping Administrative Review,’’ dated February 28, 2019. 5 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 18777 (May 2, 2019) (Initiation Notice). 6 See the petitioner’s submission, ‘‘Small Diameter Graphite Electrodes from the People’s Republic of China—Petitioner’s Withdrawal of Certain Requests for Review,’’ dated July 11, 2019. The petitioner withdrew its review request with respect to all companies except for Fushun Jinly Petrochemical Carbon Co., Ltd. E:\FR\FM\23JYN1.SGM 23JYN1

Agencies

[Federal Register Volume 84, Number 141 (Tuesday, July 23, 2019)]
[Notices]
[Pages 35369-35370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15618]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 84, No. 141 / Tuesday, July 23, 2019 / 
Notices

[[Page 35369]]



DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-922, A-583-842, C-570-923]


Raw Flexible Magnets From the People's Republic of China and 
Taiwan: Continuation of Antidumping Duty Orders and Countervailing Duty 
Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) orders on raw flexible 
magnets from the People's Republic of China (China) and Taiwan, and 
revocation of the countervailing duty (CVD) order on raw flexible 
magnets from China would likely lead to a continuation or recurrence of 
dumping, countervailable subsidies, and material injury to an industry 
in the United States, Commerce is publishing a notice of continuation 
of the AD orders and the CVD order.

DATES: Applicable July 23, 2019.

FOR FURTHER INFORMATION CONTACT: Joshua Poole, AD/CVD Operations, 
Office I (AD), and Kristen Johnson, AD/CVD Operations, Office III 
(CVD), Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-1293 and (202) 482-4793, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 17, 2008, Commerce published in the Federal Register 
the AD orders on raw flexible magnets from China and Taiwan and the CVD 
order on raw flexible magnets from China.\1\ On January 2, 2019, the 
ITC instituted its review of the Orders, pursuant to section 751(c) of 
the Tariff Act of 1930, as amended (the Act).\2\ On February 5, 2019, 
Commerce published the initiation of the second sunset reviews of the 
Orders, pursuant to section 751(c) of the Act.\3\ On February 8, 2019, 
Commerce received timely notices of intent to participate in these 
sunset reviews from Magnum Magnetics Corporation (Magnum) within the 
deadline specified in 19 CFR 351.218(d)(1)(i).\4\ Magnum, a domestic 
producer of the subject merchandise, claimed interested party status 
under section 771(9)(C) of the Act.\5\ On March 7, 2019, Commerce 
received complete and adequate substantive responses from Magnum within 
the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\6\ Commerce 
received no substantive response from respondent interested parties. 
Pursuant to section 751(c)(3)(B) of the Act, Commerce conducted 
expedited (120-day) sunset reviews of the Orders.\7\ On June 5, 2019, 
the ITC published its notice to conduct an expedited five-year review 
of the Orders.\8\
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order: Raw Flexible Magnets from the 
People's Republic of China, 73 FR 53847 (September 17, 2008); see 
also Antidumping Duty Order: Raw Flexible Magnets from Taiwan, 73 FR 
53848 (September 17, 2008); and Raw Flexible Magnets from the 
People's Republic of China: Countervailing Duty Order, 73 FR 53849 
(September 17, 2008) (collectively, Orders).
    \2\ See Raw Flexible Magnets from China and Taiwan; Institution 
of Five-Year Reviews, 84 FR 8 (January 2, 2019).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 84 FR 1705 
(February 5, 2019).
    \4\ See Letter from Magnum, ``Five-Year Review of Raw Flexible 
Magnets from China and Taiwan: Notice of Intent to Participate,'' 
dated February 8, 2019.
    \5\ Id.
    \6\ See Letter from Magnum, ``Five-Year (``Sunset'') Review of 
the Antidumping Duty and Countervailing Duty Orders on Raw Flexible 
Magnets from China and Taiwan: Domestic Industry Substantive 
Response,'' dated March 7, 2019.
    \7\ See Raw Flexible Magnets from the People's Republic of China 
and Taiwan: Final Results of the Expedited Sunset Reviews of the 
Antidumping Duty Orders, 84 FR 26400 (June 6, 2019); see also Raw 
Flexible Magnets from the People's Republic of China: Final Results 
of the Expedited Second Sunset Review of the Countervailing Duty 
Order, 84 FR 26403 (June 6, 2019) (collectively, Sunset Final 
Results).
    \8\ See Raw Flexible Magnets from China and Taiwan; Scheduling 
of Expedited Five-Year Reviews, 84 FR 26156 (June 5, 2019).
---------------------------------------------------------------------------

    As a result of its reviews, Commerce determined, pursuant to 
sections 751(c)(1) and 752(b) and (c) of the Act, that revocation of 
the Orders on raw flexible magnets from China and Taiwan would likely 
lead to continuation or recurrence of dumping and countervailable 
subsidies. Commerce, therefore, notified the ITC of the magnitude of 
the margins of dumping and net countervailable subsidy rates likely to 
prevail should these Orders be revoked, in accordance with sections 
752(b)(3) and (c)(3) of the Act.\9\
---------------------------------------------------------------------------

    \9\ See Sunset Final Results.
---------------------------------------------------------------------------

    On July 17, 2019, the ITC published its determination that 
revocation of the Orders would likely lead to a continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time, pursuant to sections 751(c) and 
752(a) of the Act.\10\
---------------------------------------------------------------------------

    \10\ See Raw Flexible Magnets from China and Taiwan; 
Determination, 84 FR 34199 (July 17, 2019); see also Raw Flexible 
Magnets from China and Taiwan: Investigation Nos. 701-TA-452 and 
731-TA-1129-1130 (Second Review), USITC Publication 4921 (July 
2019).
---------------------------------------------------------------------------

Scope of the Orders

    The products covered by the orders are certain flexible magnets 
regardless of shape,\11\ color, or packaging.\12\ 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.
---------------------------------------------------------------------------

    \11\ The term ``shape'' includes, but is not limited to 
profiles, which are flexible magnets with a non-rectangular cross-
section.
    \12\ Packaging includes retail or specialty packaging such as 
digital printer cartridges.
---------------------------------------------------------------------------

    Specifically excluded from the scope of the orders are printed 
flexible magnets, defined as flexible magnets

[[Page 35370]]

(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 
the orders. The products subject to the orders 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 the orders is dispositive.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to a continuation or 
recurrence of dumping, countervailable subsidies, and material injury 
to an industry in the United States, pursuant to section 751(d)(2) of 
the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation 
of these Orders on raw flexible magnets from China and Taiwan. U.S. 
Customs and Border Protection will continue to collect AD and CVD cash 
deposits at the rates in effect at the time of entry for all imports of 
subject merchandise.
    The effective date of the continuation of these Orders will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year (sunset) 
reviews of these Orders not later than 30 days prior to the fifth 
anniversary of the effective date of continuation.

Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
APO of their responsibility concerning the return, destruction, or 
conversion to judicial protective order of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to 
comply is a violation of the APO which may be subject to sanctions.

Notification to Interested Parties

    These five-year sunset reviews and this notice are in accordance 
with section 751(c) of the Act and published pursuant to section 
777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: July 17, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-15618 Filed 7-22-19; 8:45 am]
 BILLING CODE 3510-DS-P

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