Raw Flexible Magnets from the People’s Republic of China: Countervailing Duty Order; 73 FR 53849 (9/17/2008):
The products covered by this order are certain flexible magnets regardless of shape,1 {fn 1 The term ‘‘shape’’ includes, but is not limited to profiles, which are flexible magnets with a nonrectangular cross-section.}
s. color, or packaging.2 {fn 2 ‘‘Packaging includes retail or specialty packaging such as digital printer cartridges.} 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.
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 covered by 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 this order is dispositive.
See also: Raw Flexible Magnets From the People’s Republic of China and Taiwan: Continuation of Antidumping and Countervailing Duty Orders; 79 FR 6886 (2/5/2014).
Scope Rulings:
Requestor: Target Corporation; certain decorative retail magnets (for model numbers starting with DPCI05319- and ending with: 2052 and 2058) are not within the scope of the antidumping and countervailing duty orders; certain decorative retail magnets (for model numbers starting with DPCI05319- and ending with: 2064, 2065, 2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2074, 2075, 2076, 2077, 2078, 2079, and model number DPCI053230152) are within the scope of the antidumping and countervailing duty orders; December 22, 2008. See Notice of Scope Rulings, 74 FR 14521 (3/31/2009). See also CBP message # 9008204 (1/8/09) and 9008208 (1/8/09).
Requestor: Direct Innovations; certain decorative retail magnets are within the scope of the antidumping and countervailing duty orders; July 13, 2009.. See Notice of Scope Rulings, 75 FR 14138 (3/24/2010). See also CBP message # 9225203 (8/13/09).
Requestor: It's Academic; It's Academic's magnet packages are within the scope of the antidumping duty order; March 4, 2010. See Notice of Scope Ruings, 75 FR 52311 (7/25/2010).
Requestor: Medical Action Industries Inc.; Magnet with a Mark and Magnet Strip with a Groove are within the scope of the antidumping duty and countervailing duty orders and the Surgical Instrument Drape is not within the scope of the antidumping duty and countervailing duty orders; January 11, 2011. See Notice of Scpe Rulings, 76 FR 73596 (11/29/2011). See also, CBP message # 1027303 (1/27/2011) and 1031302 (1/31/2012) as corrected by # 1032301.
Requestor: InterDesign; its sixty raw flexible magnets are not within the scope of the antidumping duty and countervailing duty orders; January 11, 2011. See Notice of Scpe Rulings, 76 FR 73596 (11/29/2011). See also CBP message # 1032306 (21/2011).
Requestor: Smith-Western Co.; certain decorative refrigerator magnets are not within the scope of the antidumping duty and countervailing duty orders; April 15, 2011. See Notice of Scope Rulings, 77 FR 9893 (02/21/2012). See also CBP message # 1111305 (4/21/2011).
CBP message # 1138312 (5/18/2011): ON 05/10/2011, IN RESPONSE TO A REQUEST BY JINGZHOU MEIHOU FLEXIBLE MAGNET COMPANY, LTD. AND TYTEK INDUSTRIES, INC., COMMERCE ISSUED A FINAL SCOPE RULING THAT THREE MAGNETS PRODUCTS (METER-WIDE MAGNET SHEET, CRAFT MAGNETS, AND DOOR GASKET EXTRUSION MAGNET) ARE WITHIN THE SCOPE OF THE COUNTERVAILING DUTY ORDER COVERING RAW FLEXIBLE MAGNETS FROM THE PEOPLE'S REPUBLIC OF CHINA (C-570-923).
CBP message # 2230306 (8/17/2012): Commerce received a scope ruling request from Accoutrements LLC (Accoutrements). Commerce issued a final scope determination on 08/07/2012 finding that the Mustache Magnet which Accoutrements imports is not within the scope of the countervailing duty order on raw flexible magnets from the People's Republic of China (C-570-923). |