Notice2024-31724
Raw Flexible Magnets From the People's Republic of China and Taiwan: Continuation of Antidumping Duty Orders and Countervailing Duty Order
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 6, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 90 Issue 3 (Monday, January 6, 2025)</title>
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[Federal Register Volume 90, Number 3 (Monday, January 6, 2025)]
[Notices]
[Pages 602-603]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31724]
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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\
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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); 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.
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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\
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\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).
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Scope of the Orders
The products covered by the Orders are certain flexible magnets
regardless of
[[Page 603]]
shape,\6\ color, or packaging.\7\ 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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\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.
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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.
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\8\ See ITC Final Determination.
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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
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