[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Notices]
[Pages 53848-53849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21718]


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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.
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    \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.
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    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

[[Page 53849]]

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:
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    \3\ See Notice of Preliminary Determination of Sales at Less 
Than Fair Value: Raw Flexible Magnets from Taiwan, 73 FR 22332 
(April 25, 2008).
    \4\ See Raw Flexible Magnets from China and Taiwan, 73 FR 51317 
(September 2, 2008).

------------------------------------------------------------------------
                                                            Weighted-
                  Producer or Exporter                    Average Margin
                                                            (percent)
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Kin Fong Magnets Co., Ltd..............................          38.03
Magruba Flexible Magnets Co., Ltd......................          38.03
JASDI Magnet Co., Ltd..................................          38.03
All Others.............................................          31.20
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    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