Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Notices 53847 

1The term ‘‘shape’’ includes, but is not limited 

to profiles, which are flexible magnets with a nonrectangular cross-section. 2Packaging includes retail or specialty packaging 

such as digital printer cartridges. 

Signed in Washington, DC, on September 

4, 2008. 

Arlen L. Lancaster, 

Chief. 

[FR Doc. E8–21653 Filed 9–16–08; 8:45 am] 

BILLING CODE 3410–16–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–922] 

Antidumping Duty Order: Raw Flexible 

Magnets from the People’s Republic of 

China 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: September 17, 2008. 

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 the People’s Republic of 

China (‘‘PRC’’). On August 25, 2008, the 

ITC notified the Department of its 

affirmative final determination. See Raw 

Flexible Magnets from China and 

Taiwan, Investigation Nos. 701–TA–452 

and 731–TA–1129 and 731–TA–1130 

(Final), USITC Publication 4030 (August 

2008). 

The Department released a Notice of 

Antidumping Duty Order to the parties 

on August 27, 2008. However, the 

August 27, 2008, notice 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. 

FOR FURTHER INFORMATION CONTACT: 

Shawn Higgins, AD/CVD Operations, 

Office 4, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW, 

Washington, DC, 20230; telephone: 

(202) 482–0679. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 10, 2008, the Department 

published the Final Determination of 

Sales at Less Than Fair Value: Raw 

Flexible Magnets from the People’s 

Republic of China, 73 FR 39669 (July 10, 

2008). On August 25, 2008, in 

accordance with section 735(d) of the 

Act, the ITC notified the Department of 

its final determination, pursuant to 

section 735(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 less–than-fair–value 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 and 

731–TA–1129 and 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 

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 

the order 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 

instruction by the Department, 

antidumping duties equal to the amount 

by which the normal value of the 

merchandise exceeds the export price 

(or constructed export price) of the 

merchandise for all relevant entries of 

raw flexible magnets from the PRC. 

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 preliminary antidumping 

determination if the ITC’s final 

determination is threat–based. 

Because the ITC’s final determination 

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 

Preliminary Determination of Sales at 


pwalker on PROD1PC71 with NOTICES
53848 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Notices 

3See Raw Flexible Magnets from China and 

Taiwan, 73 FR 51317 (September 2, 2008). 

1The term ‘‘shape’’ includes but is not limited to 

profiles, which are flexible magnets with a nonrectangular cross-section. 2Packaging includes retail or specialty packaging 

such as digital printer cartridges. 

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 ................... 105.00 

PRC–wide Entity ........... 185.28 

4Guangzhou 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. 

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 

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. 

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 


pwalker on PROD1PC71 with NOTICES