[Federal Register Volume 79, Number 24 (Wednesday, February 5, 2014)]
[Notices]
[Pages 6886-6887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02438]


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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 and Countervailing Duty Orders

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

SUMMARY: The Department of Commerce (the Department) and the 
International Trade Commission (ITC) have determined that revocation of 
the antidumping duty (AD) orders on raw flexible magnets from the 
People's Republic of China (PRC) and Taiwan would likely lead to a 
continuation or

[[Page 6887]]

recurrence of dumping and material injury to an industry in the United 
States. The Department and the ITC have also determined that revocation 
of the countervailing duty (CVD) order on raw flexible magnets from the 
PRC would likely lead to continuation or recurrence of net 
countervailable subsidies and material injury to an industry in the 
United States. Therefore, the Department is publishing a notice of 
continuation for these AD and CVD orders.

DATES: Effective Date: February 5, 2014.

FOR FURTHER INFORMATION CONTACT: Michael A. Romani (AD) or Kristen 
Johnson (CVD), AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-0198 or (202) 482-4793, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 1, 2013, the Department initiated \1\ and the ITC 
instituted \2\ five-year (sunset reviews) of the AD orders on raw 
flexible magnets from the PRC and Taiwan,\3\ and the CVD order on raw 
flexible magnets from the PRC,\4\ pursuant to sections 751(c) and 
752(a) of the Tariff Act of 1930, as amended (the Act). As a result of 
its reviews, the Department determined that revocation of the AD orders 
would likely lead to continuation or recurrence of dumping and that 
revocation of the CVD order would likely lead to continuation or 
recurrence of net countervailable subsidies, and therefore, notified 
the ITC of the magnitude of the margins and the subsidy rates likely to 
prevail should the orders be revoked.\5\
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    \1\ See Initiation of Five-Year (``Sunset'') Reviews, 78 FR 
46575 (August 1, 2013).
    \2\ See Raw Flexible Magnets From China and Taiwan; Institution 
of Five-Year Reviews, 78 FR 46604 (August 1, 2013).
    \3\ On September 17, 2008, the Department published the 
following AD orders: Antidumping Duty Order: Raw Flexible Magnets 
from the People's Republic of China, 73 FR 53847 (September 17, 
2008), and Antidumping Duty Order: Raw Flexible Magnets from Taiwan, 
73 FR 53848 (September 17, 2008).
    \4\ On September 17, 2008, the Department published the 
following CVD order: Raw Flexible Magnets from the People's Republic 
of China: Countervailing Duty Order, 73 FR 53849 (September 17, 
2008).
    \5\ 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, 78 FR 77423 (December 23, 2013), and Raw 
Flexible Magnets From the People's Republic of China: Final Results 
of Expedited Sunset Review, 78 FR 77425 (December 23, 2013).
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    On January 15, 2014, pursuant to sections 751(c)(1) and 752(a) of 
the Act, the ITC determined that revocation of the AD orders on raw 
flexible magnets from the PRC and Taiwan and the CVD order on raw 
flexible magnets from the PRC would likely lead to continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time.\6\
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    \6\ See Raw Flexible Magnets from China and Taiwan, Inv. Nos. 
701-TA-452 and 731-TA-1129-1130 (Review), ITC Publication 4449 
(January 2014); see also Raw Flexible Magnets from China and Taiwan, 
79 FR 3623 (January 22, 2014).
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Scope of the Orders

    The products covered by these orders are certain flexible magnets 
regardless of shape,\7\ color, or packaging.\8\ 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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    \7\ The term ``shape'' includes, but is not limited to profiles, 
which are flexible magnets with a non-rectangular cross-section.
    \8\ 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 these orders 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 
these 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 the Department and the ITC 
that revocation of these AD and CVD orders would likely lead to 
continuation or recurrence of dumping or a countervailable subsidy, and 
of material injury to an industry in the United States, pursuant to 
sections 751(c) and 751(d)(2) of the Act, the Department hereby orders 
the continuation of the AD orders on raw flexible magnets from the PRC 
and Taiwan, and the CVD order on raw flexible magnets from the PRC.
    U.S. Customs and Border Protection will continue to collect 
antidumping duty cash deposits at the rates in effect at the time of 
entry for all imports of subject merchandise. The effective date of 
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, the Department intends to initiate the next 
sunset reviews of these orders not later than 30 days prior to the 
fifth anniversary of the effective date of continuation.
    These 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: January 29, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-02438 Filed 2-4-14; 8:45 am]
BILLING CODE 3510-DS-P