[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Notices]
[Pages 26403-26405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11866]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-923]
Raw Flexible Magnets From the People's Republic of China: Final
Results of the Expedited Second Sunset Review of the Countervailing
Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this second sunset review, the Department of
Commerce (Commerce) finds that revocation of the countervailing duty
(CVD) order on raw flexible magnets from the People's Republic of China
(China) would be likely to lead to the continuation or recurrence of a
countervailable subsidy at the levels indicated in the ``Final Results
of Review'' section of this notice.
DATES: Applicable June 6, 2019.
FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401
[[Page 26404]]
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
4793.
SUPPLEMENTARY INFORMATION:
Background
On September 17, 2008, Commerce published in the Federal Register
the Order on raw flexible magnets from China.\1\ On February 5, 2019,
Commerce initiated the second sunset review of the Order pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\
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\1\ See Raw Flexible Magnets from the People's Republic of
China: Countervailing Duty Order, 73 FR 53849 (September 17, 2008)
(Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 84 FR 1705
(February 5, 2019).
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On February 8, 2019, Commerce received a notice of intent to
participate from Magnum Magnetics Corporation, hereinafter referred to
as Magnum or the petitioner, 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, ``Notice of Intent to Participate,''
dated February 8, 2019.
\4\ Id. at 2.
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On March 7, 2019, Commerce received an adequate substantive
response from Magnum within the 30-day deadline specified in 19 CFR
351.218(d)(3)(i).\5\ Commerce did not receive a substantive response
from the Government of China or a respondent interested party to this
proceeding. 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 an expedited (120-day) sunset review of the Order.
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\5\ See Letter from Magnum, ``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 (50-day Letter).
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Scope of the Order
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, ``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 review, specifically the likelihood of
continuation or recurrence of a countervailable subsidy and the net
countervailable subsidy likely to prevail if the Order was 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 Review
Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce
determines that revocation of the Order on raw flexible magnets from
China would be likely to lead to continuation or recurrence of a net
countervailable subsidy at the following rates: \10\
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\10\ Id.
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Net
countervailable
Manufacturer/producer/ exporter subsidy Ad
Valorem rate
(percent)
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China Ningbo Cixi Import Export Corporation............ 109.95
Polyflex Magnets Ltd................................... 109.95
All Others............................................. 109.95
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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
the terms of an APO is 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.
[[Page 26405]]
Dated: May 31, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-11866 Filed 6-5-19; 8:45 am]
BILLING CODE 3510-DS-P