[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Notices]
[Pages 26400-26401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11864]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-922, A-583-842]
Raw Flexible Magnets From the People's Republic of China and
Taiwan: Final Results of the Expedited Sunset Reviews of the
Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these second sunset reviews, the Department of
Commerce (Commerce) finds that revocation of the antidumping duty (AD)
orders on raw flexible magnets from the People's Republic of China
(China) and Taiwan would be likely to lead to continuation or
recurrence of dumping at the level indicated in the ``Final Results of
Sunset Reviews'' section of this notice.
DATES: Applicable June 6, 2019.
FOR FURTHER INFORMATION CONTACT: Joshua Poole or Minoo Hatten, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1293 or (202) 482-1690,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 17, 2008, Commerce published in the Federal Register
the AD orders on raw flexible magnets from China and Taiwan.\1\ On
February 5, 2019, Commerce initiated the second sunset reviews of the
Orders, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act).\2\
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\1\ See Antidumping Duty Order; Raw Flexible Magnets from the
People's Republic of China, 73 FR 53847 (September 17, 2008);
Antidumping Duty Order: Raw Flexible Magnets from Taiwan, 73 FR
53848 (September 17, 2008) (collectively, Orders).
\2\ See Initiation of Five-Year (``Sunset'') Review, 84 FR 1705
(February 5, 2019).
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On February 8, 2019, Commerce received notice of intent to
participate from Magnum Magnetics Corporation (Magnum), within the
deadline specified in 19 CFR 351.218(d)(1)(i).\3\ Magnum, a domestic
producer of the subject merchandise, claimed interested party status
under section 771(9)(C) of the Act.\4\
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\3\ See Letter from Magnum, ``Five-Year Review of Raw Flexible
Magnets from China and Taiwan: Notice of Intent to Participate,''
dated February 8, 2019.
\4\ Id. at 2.
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On March 7, 2019, Commerce received adequate substantive responses
from Magnum within the 30-day period specified in 19 CFR
351.218(d)(3)(i).\5\ We received no substantive responses from any
respondent interested parties. On March 20, 2019, Commerce notified the
U.S. International Trade Commission (ITC) that it did not receive an
adequate substantive response from respondent interested parties.\6\ As
a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce conducted expedited (120-day) sunset
reviews of the Orders.
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\5\ See Letter from Magnum, ``Five-Year (``Sunset'') Review of
the Antidumping Duty Orders on Raw Flexible Magnets from China and
Taiwan: Domestic Industry Substantive Response,'' dated March 7,
2019.
\6\ See Letter from Commerce to ITC, ``Sunset Review Initiated
on February 5, 2019 Applicable to January 2019,'' dated March 20,
2019.
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[[Page 26401]]
Scope of the Orders
The products covered by this order 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. 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.
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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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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. A full
description of the scope of the order is contained in the Issues and
Decision Memorandum.\9\
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\9\ See Memorandum regarding ``Issues and Decision Memorandum
for the Final Results of the Expedited Second Sunset Review of Raw
Flexible Magnets from the People's Republic of China,'' dated
concurrently with and adopted by this notice (Issues and Decision
Memorandum).
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Analysis of Comments Received
All issues raised in this sunset review, specifically the
likelihood of continuation or recurrence of dumping and the magnitude
of the margins likely to prevail if the Orders were to be revoked, are
addressed in the Issues and Decision Memorandum. The Issues and
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at http://access.trade.gov and in the Central Records
Unit, Room B8024 of the main Department of Commerce building. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed at http://enforcement.trade.gov/frn/.
Final Results of Reviews
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the AD orders on raw flexible
magnets from China and Taiwan would be likely to lead to continuation
or recurrence of dumping, and that the magnitude of the margin of
dumping likely to prevail if the AD Orders are revoked would be up to
the following percentages: \10\
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\10\ Id.
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Weighted-
Country average margin
(percent)
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China................................................... 185.28
Taiwan.................................................. 38.03
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Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely written notification of
the destruction of APO materials or conversion to judicial protective
order is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation which is subject to sanction.
We are issuing and publishing the results and notice in accordance
with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR
351.218.
Dated: May 31, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-11864 Filed 6-5-19; 8:45 am]
BILLING CODE 3510-DS-P