[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Notices]
[Pages 53847-53848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21717]


=======================================================================
-----------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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 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

[[Page 53848]]

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:
---------------------------------------------------------------------------

    \3\ See Raw Flexible Magnets from China and Taiwan, 73 FR 51317 
(September 2, 2008).

------------------------------------------------------------------------
                Manufacturer/Exporter                  Margin (Percent)
------------------------------------------------------------------------
Guangzhou Newlife Magnet Electricity Co., Ltd.\4\...              105.00
PRC-wide Entity.....................................              185.28
------------------------------------------------------------------------
\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.

    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