Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Notices 53849 

3See Notice of Preliminary Determination of 

Sales at Less Than Fair Value: Raw Flexible 

Magnets from Taiwan, 73 FR 22332 (April 25, 

2008). 

4See Raw Flexible Magnets from China and 

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

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merchandise entered, or withdrawn 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: 

Producer or Exporter 

Weighted– 

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 

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 


pwalker on PROD1PC71 with NOTICES
53850 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Notices 

1The 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. 

3See 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). 

4See Raw Flexible Magnets from China and 

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

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– 

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: 

Producer/exporter Net Subsidy Rate 

(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 


pwalker on PROD1PC71 with NOTICES