90 FR 3 pgs. 602-603 - Raw Flexible Magnets From the People's Republic of China and Taiwan: Continuation of Antidumping Duty Orders and Countervailing Duty Order
Type: NOTICEVolume: 90Number: 3Pages: 602 - 603
Pages: 602, 603Docket number: [A-570-922, A-583-842, C-570-923]
FR document: [FR Doc. 2024-31724 Filed 1-3-25; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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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 Duty Orders and Countervailing Duty Order
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) orders on raw flexible magnets from the People's Republic of China (China) and Taiwan, and revocation of the countervailing duty (CVD) order on raw flexible magnets from China would likely lead to the continuation or recurrence of dumping, countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD orders and the CVD order.
DATES:
Applicable December 27, 2024.
FOR FURTHER INFORMATION CONTACT:
Garry Kasparov, 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) 482-1397.
SUPPLEMENTARY INFORMATION:
Background
On September 17, 2008, Commerce published in the Federal Register the AD orders on raw flexible magnets from China and Taiwan and the CVD order on raw flexible magnets China. 1 On June 3, 2024, the ITC instituted, 2 and Commerce initiated, 3 the third sunset review of the Orders, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). As a result of its reviews, Commerce determined that revocation of the Orders would likely lead to the continuation or recurrence of dumping and countervailable subsidies, and therefore, notified the ITC of the magnitude of the margins of dumping and subsidy rates likely to prevail should the Orders be revoked. 4
Footnotes:
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); and Raw Flexible Magnets from the People's Republic of China: Countervailing Duty Order, 73 FR 53849 (September 17, 2008) (collectively, Orders ).
2 ? See Raw Flexible Magnets from China and Taiwan; Institution of Five-Year Reviews, 89 FR 47607 (June 3, 2024).
3 ? See Initiation of Five-Year (Sunset) Reviews, 89 FR 47525 (June 3, 2024).
4 ? See Raw Flexible Magnets from the People's Republic of China and Taiwan: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Orders, 89 FR 79242 (September 27, 2024), and accompanying Issues and Decision Memorandum (IDM); see also Raw Flexible Magnets from the People's Republic of China: Final Results of the Expedited Third Sunset Review of the Countervailing Duty Order, 89 FR 82565 (October 11, 2024), and accompanying IDM.
On December 27, 2024, the ITC published its determination, pursuant to sections 751(c) and 752(a) of the Act, that revocation of the Orders would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. 5
Footnotes:
5 ? See Raw Flexible Magnets from China and Taiwan; Determination, 89 FR 105627 (December 27, 2024) ( ITC Final Determination ); see also Raw Flexible Magnets from China and Taiwan: Investigation Nos. 701-TA-452 and 731-TA-1129-1130 (Third Review).
Scope of the Orders
[top] The products covered by the Orders are certain flexible magnets regardless of
Footnotes:
6 ?The term "shape" includes, but is not limited to profiles, which are flexible magnets with a non-rectangular cross-section.
7 ?Packaging includes retail or specialty packaging such as digital printer cartridges.
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 Commerce and the ITC that revocation of the Orders would likely lead to continuation or recurrence of dumping, countervailable subsidies, and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, Commerce hereby orders the continuation of the Orders. U.S. Customs and Border Protection will continue to collect AD and CVD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise.
The effective date of the continuation of the Orders is December 27, 2024. 8 Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next five-year reviews of the Orders not later than 30 days prior to fifth anniversary of the date of the last determination by the ITC.
Footnotes:
8 ? See ITC Final Determination.
Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or 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.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are in accordance with sections 751(c) and 751(d)(2) of the Act and published in accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: December 30, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-31724 Filed 1-3-25; 8:45 am]
BILLING CODE 3510-DS-P