AD : Taiwan Raw Flexible Magnets

AD Suspension of Liquidation Continues

The ITA is directing U.S. Customs and Border Protection to continue to suspend liquidation of all imports of subject merchandise with a time of entry on or after April 25, 2008 (the date of publication of the preliminary determination).

AD Cash Deposit/Bond Requirements

The ITA will also instruct CBP to continue to require a cash deposit or the posting of a bond for all companies based on the following estimated weighted-average dumping margins (which are unchanged from the preliminary determination):

The ITA notes that if the exporter is not a firm identified in this investigation but the producer is, the rate will be the rate established for the producer of the subject merchandise.

AD Duty Order to be Issued if ITC Finds Injury/Threat of Injury

Within 45 days the International Trade Commission will determine whether the domestic industry in the U.S. is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of the subject merchandise.

If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the ITA will issue an AD duty order.

Changes to the Scope of the Investigation

The ITA has amended the scope of this investigation from its initiation notice, as follows (deleted text is crossed out, added text is underlined; see final determination for scope of investigation without changes annotated):

(1) "The products covered by this investigation are certain flexible magnets regardless of shape,¹ color, or packaging.² Subject flexible magnet sheeting, strips, and profile shapes 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.

¹The term "shape" includes, but is not limited to profiles, which are flexible magnets with a non-rectangular cross-section.

²Packaging includes retail or specialty packaging such as digital printer cartridges.

(2) "Subject flexible magnet sheeting, strips, and profile shapes magnetsare capable of being permanently magnetized but may be imported in either magnetized or unmagnetized (including demagnetized) condition, Subject merchandise may be of any color 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 merchandiseflexible magnets may be uncoated or may be coated with an adhesive or any other coating or combination of coatings. Subject merchandise is within the scope of this investigation whether it is in rolls, coils, sheets, or pieces and regardless of physical dimensions or packaging, including specialty packaging such as digital printer cartridges."

(3) "Specifically excluded from the scope of this investigation is retail printed flexible magnet sheeting are printed flexible magnets, defined as flexible magnet sheetingmagnets (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 magnet sheeting 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 sheeting 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 sheeting 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 investigation. The products subject to the investigation are currently classifiable principally under Harmonized Tariff Schedule (HTS) subheadings 8505.19.10 and 8505.19.20. The HTS subheadings are provided only for convenience and customs purposes; the written description of the scope of this proceeding is dispositive.

(See ITA notice for further information, including scope comments, etc.

See ITT's Online Archives or 04/28/08 news, 08042850, for BP summary of the ITA's preliminary determination.)

ITA contact - Kristin Case (202) 482-3174

ITA notice (FR Pub 07/10/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-15743.pdf

ITA fact sheet available at http://ia.ita.doc.gov/download/factsheets/factsheet_china-taiwan-magnets-final-070308.pdf