Large Residential Washers; Institution and Scheduling of Safeguard Investigation and Determination That the Investigation Is Extraordinarily Complicated, 27075-27078 [2017-12160]

Download as PDF Federal Register / Vol. 82, No. 112 / Tuesday, June 13, 2017 / Notices your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Authority We provide this notice under section 10 of the Act (16 U.S.C. 1531 et seq.). Dated: March 28, 2017. Nicole Alt, Deputy Assistant Regional Director, Mountain-Prairie Region. [FR Doc. 2017–12178 Filed 6–12–17; 8:45 am] BILLING CODE 4333–15–P is depicted on Map No. 634/129,621, dated June 2016. 54 U.S.C. 100506(c) provides that, after notifying the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources, the Secretary of the Interior is authorized to make this boundary revision upon publication of notice in the Federal Register. The Committees have been notified of this boundary revision. This boundary revision and subsequent acquisition will contribute to the protection of local watersheds, add valuable plant and wildlife habitat, and increase recreational opportunities, as well as contribute to the preservation of the scenic character of the area. Dated: December 2, 2016. Cameron H. Sholly, Regional Director, Midwest Region. DEPARTMENT OF THE INTERIOR Editorial Note: The Office of the Federal Register received this document on June 7, 2017. National Park Service [NPS–MWR–SLBE–22512; PS.SMWLA0058.00.1] [FR Doc. 2017–12150 Filed 6–12–17; 8:45 am] BILLING CODE 4312–52–P Minor Boundary Revision at Sleeping Bear Dunes National Lakeshore National Park Service, Interior. ACTION: Notification of boundary revision. INTERNATIONAL TRADE COMMISSION The boundary of Sleeping Bear Dunes National Lakeshore is modified to include 46 acres of land located in Benzie County, Michigan, immediately adjacent to the boundary of the national lakeshore. The United States will purchase, from willing sellers, two parcels containing 45 acres of land. The third parcel contains one acre and will be acquired by donation. DATES: The effective date of this boundary revision is June 13, 2017. ADDRESSES: The map depicting this boundary revision is available for inspection at the following locations: National Park Service, Land Resources Program Center, Midwest Region, 601 Riverfront Drive, Omaha, Nebraska 68102 and National Park Service, Department of the Interior, 1849 C Street NW., Washington, DC 20240. FOR FURTHER INFORMATION CONTACT: Chief Realty Officer Daniel L. Betts, National Park Service, Land Resources Program Center, Midwest Region, 601 Riverfront Drive, Omaha, Nebraska 68102, telephone (402) 661–1780. SUPPLEMENTARY INFORMATION: Notice is hereby given that, pursuant to 54 U.S.C. 100506(c), the boundary of Sleeping Bear Dunes National Lakeshore is modified to include 46 acres of adjacent land identified as Tracts 46–162, 67– 161, and 67–162. The boundary revision Finished Carbon Steel Flanges From Spain AGENCY: nlaroche on DSK30NT082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 14:58 Jun 12, 2017 Jkt 241001 [Investigation No. 731–TA–1333 (Final)] Determination On the basis of the record 1 developed in the subject investigation, the United States International Trade Commission (‘‘Commission’’) determines,2 pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is materially injured by reason of imports of finished carbon steel flanges from Spain, provided for in subheading 7307.91.50 of the Harmonized Tariff Schedule of the United States, that have been found by the Department of Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value (‘‘LTFV’’). Background The Commission, pursuant to section 735(b) of the Act (19 U.S.C. 1673d(b)), instituted this investigation effective June 30, 2016, following receipt of a petition filed with the Commission and Commerce by Weldbend Corporation, Argo, Illinois and Boltex Mfg. Co., L.P., Houston, Texas. The final phase of this investigation was scheduled by the 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 Commissioner F. Scott Kieff did not participate in the vote. PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 27075 Commission following notification of a preliminary determination by Commerce that imports of finished carbon steel flanges from Spain were sold at LTFV within the meaning of 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigation and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on February 17, 2017 (82 FR 11056). The hearing was held in Washington, DC, on April 25, 2017, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission made this determination pursuant to section 735(b) of the Act (19 U.S.C. 1673d(b)). It completed and filed its determination in this investigation on June 7, 2017. The views of the Commission are contained in USITC Publication 4696 (June 2017), entitled Finished Carbon Steel Flanges from Spain: Investigation No. 731–TA–1333 (Final). By order of the Commission. Issued: June 7, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017–12159 Filed 6–12–17; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. TA–201–76] Large Residential Washers; Institution and Scheduling of Safeguard Investigation and Determination That the Investigation Is Extraordinarily Complicated United States International Trade Commission. ACTION: Notice of institution of investigation and scheduling of public hearings. AGENCY: Following receipt of a petition for import relief, as amended and properly filed on June 5, 2017, the Commission has instituted investigation No. TA–201–76 pursuant to section 202 of the Trade Act of 1974 (‘‘the Act’’) to determine whether large residential washers (‘‘LRWs’’) are being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported articles. The Commission SUMMARY: E:\FR\FM\13JNN1.SGM 13JNN1 nlaroche on DSK30NT082PROD with NOTICES 27076 Federal Register / Vol. 82, No. 112 / Tuesday, June 13, 2017 / Notices has deemed the petition, as amended, to have been properly filed on June 5, 2017. The Commission has determined that this investigation is ‘‘extraordinarily complicated,’’ and will make its injury determination within 122 days after the petition was filed, or by October 5, 2017. The Commission will submit to the President the report required under section 202(f) of the Act within 180 days after the date on which the petition was deemed filed, or by December 4, 2017. DATES: Effective June 5, 2017. FOR FURTHER INFORMATION CONTACT: Michael Szustakowski (202–205–3169), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—This investigation is being instituted, pursuant to section 202 of the Act (19 U.S.C. 2252), in response to a petition, as amended and properly filed on June 5, 2017, by Whirlpool Corporation (‘‘Whirlpool’’), a producer of LRWs in the United States. Whirlpool alleges that LRWs are being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported article. The Commission must submit its report on this investigation to the President no later than 180 days after institution, which in this case falls on December 4, 2017. (19 U.S.C. 2252(f)). The articles covered by this investigation are all LRWs and certain parts thereof. For purposes of this petition, the term LRWs denotes all automatic clothes washing machines, regardless of the orientation of the rotational axis, with a cabinet width (measured from its widest point) of at least 24.5 inches (62.23 cm) and no more than 32.0 inches (81.28 cm), except as noted below. Also covered are certain parts used in large residential washers, namely: (1) All cabinets, or portions thereof, VerDate Sep<11>2014 14:58 Jun 12, 2017 Jkt 241001 designed for use in large residential washers; (2) all assembled tubs 1 designed for use in large residential washers which incorporate, at a minimum: (a) A tub; and (b) a seal; (3) all assembled baskets 2 designed for use in large residential washers which incorporate, at a minimum: (a) A side wrapper; 3 (b) a base; and (c) a drive hub; 4 and (4) any combination of the foregoing parts or subassemblies. Excluded from the scope are stacked washer-dryers and commercial washers. The term ‘‘stacked washer-dryers’’ denotes distinct washing and drying machines that are built on a unitary frame and share a common console that controls both the washer and the dryer. The term ‘‘commercial washer’’ denotes an automatic clothes washing machine designed for the ‘‘pay per use’’ segment meeting either of the following two definitions: (1)(a) It contains payment system electronics; 5 (b) it is configured with an externally mounted steel frame at least six inches high that is designed to house a coin/token operated payment system (whether or not the actual coin/token operated payment system is installed at the time of importation); (c) it contains a push button user interface with a maximum of six manually selectable wash cycle settings, with no ability of the end user to otherwise modify water temperature, water level, or spin speed for a selected wash cycle setting; and (d) the console containing the user interface is made of steel and is assembled with security fasteners; 6 or (2)(a) it contains payment system electronics; (b) the payment system electronics are enabled (whether or not the payment acceptance device has been installed at the time of importation) such that, in normal operation,7 the unit cannot begin a wash cycle without first 1 A ‘‘tub’’ is the part of the washer designed to hold water. 2 A ‘‘basket’’ (sometimes referred to as a ‘‘drum’’) is the part of the washer designed to hold clothing or other fabrics. 3 A ‘‘side wrapper’’ is the cylindrical part of the basket that actually holds the clothing or other fabrics. 4 A ‘‘drive hub’’ is the hub at the center of the base that bears the load from the motor. 5 ‘‘Payment system electronics’’ denotes a circuit board designed to receive signals from a payment acceptance device and to display payment amount, selected settings, and cycle status. Such electronics also capture cycles and payment history and provide for transmission to a reader. 6 A ‘‘security fastener’’ is a screw with a nonstandard head that requires a non-standard driver. Examples include those with a pin in the center of the head as a ‘‘center pin reject’’ feature to prevent standard Allen wrenches or Torx drivers from working. 7 ‘‘Normal operation’’ refers to the operating mode(s) available to end users (i.e., not a mode designed for testing or repair by a technician). PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 receiving a signal from a bona fide payment acceptance device such as an electronic credit card reader; (c) it contains a push button user interface with a maximum of six manually selectable wash cycle settings, with no ability of the end user to otherwise modify water temperature, water level, or spin speed for a selected wash cycle setting; and (d) the console containing the user interface is made of steel and is assembled with security fasteners. Also excluded from the scope are automatic clothes washing machines that meet all of the following conditions: (1) Have a vertical rotational axis; (2) are top loading; 8 (3) have a drive train consisting, inter alia, of (a) a permanent split capacitor (PSC) motor,9 (b) a belt drive,10 and (c) a flat wrap spring clutch.11 Also excluded from the scope are automatic clothes washing machines that meet all of the following conditions: (1) Have a horizontal rotational axis; (2) are front loading; 12 and (3) have a drive train consisting, inter alia, of (a) a controlled induction motor (CIM),13 and (b) a belt drive. Also excluded from the scope are automatic clothes washing machines that meet all of the following conditions: (1) Have a horizontal rotational axis; (2) are front loading; and (3) have cabinet width (measured from its widest point) of more than 28.5 inches (72.39 cm). For Customs purposes, the LRWs covered by the investigation are provided for under Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) subheading 8450.20.00. LRWs and certain parts thereof subject to this petition may also be imported under HTSUS subheadings 8450.11.00, 8450.90.20, and 8450.90.60. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to this petition is dispositive. Determination to institute this investigation.—Whirlpool initially 8 ‘‘Top loading’’ means that access to the basket is from the top of the washer. 9 A ‘‘PSC motor’’ is an asynchronous, alternating current (AC), single phase induction motor that employs split phase capacitor technology. 10 A ‘‘belt drive’’ refers to a drive system that includes a belt and pulleys. 11 A ‘‘flat wrap spring clutch’’ is a flat metal spring that, when engaged, links abutted cylindrical pieces on the input shaft with the end of the concentric output shaft that connects to the drive hub. 12 ‘‘Front loading’’ means that access to the basket is from the front of the washer. 13 A ‘‘controlled induction motor’’ is an asynchronous, alternating current (AC), polyphase induction motor. E:\FR\FM\13JNN1.SGM 13JNN1 nlaroche on DSK30NT082PROD with NOTICES Federal Register / Vol. 82, No. 112 / Tuesday, June 13, 2017 / Notices submitted a petition on May 31, 2017. On June 2, 2017, Commission staff sent a letter requesting that Whirlpool supply additional data on its percentage share of total domestic production and estimated data in calculating import-toproduction ratios, apparent consumption, and market shares held by imports and domestic producers, in compliance with Commission Rule 206.14 (19 CFR 206.14). On June 5, 2017, Whirlpool amended its petition and provided the additional data requested by Commission staff. The Commission determined that the petition, as amended, was properly filed as of June 5, 2017. Determination that investigation is extraordinarily complicated.—The Commission has determined that this investigation is ‘‘extraordinarily complicated’’ within the meaning of section 202(b)(2)(B) of the Act (19 U.S.C. 2252(b)(2)(B)). The Commission’s decision to designate this investigation ‘‘extraordinarily complicated’’ is based on the complexity of the issues, including the existence of antidumping and/or countervailing duty orders on certain imports covered by this investigation. Ordinarily, the Commission would have been required to make its injury determination within 120 days after the petition was filed, or by October 3, 2017. (19 U.S.C. (b)(2)(A)). The statute permits the Commission to take up to 30 additional days to make its injury determination in an investigation where it determines that the investigation is extraordinarily complicated. In this instance, the Commission intends to take two extra days and make its injury determination by October 5, 2017. Participation in the investigation and public service list.—Persons (other than petitioner) wishing to participate in the investigation as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11 of the Commission’s rules, not later than 21 days after publication of this notice in the Federal Register. The Secretary will prepare a service list containing the names and addresses of all persons, or their representatives, who are parties to this investigation upon the expiration of the period for filing entries of appearance. Limited disclosure of confidential business information (CBI) under an administrative protective order (APO) and CBI service list.—Pursuant to section 206.17 of the Commission’s rules, the Secretary will make CBI gathered in this investigation available to authorized applicants representing interested parties (as defined in 19 CFR 206.17(a)(3)(iii)) under the APO issued VerDate Sep<11>2014 14:58 Jun 12, 2017 Jkt 241001 in the investigation, provided that the application is made not later than 21 days after the publication of this notice in the Federal Register. A separate service list will be maintained by the Secretary for those parties authorized to receive CBI under the APO. The Commission may include CBI in the reports it sends to the President and to the U.S. Trade Representative. Additionally, all information, including CBI, submitted in this investigation may be disclosed to and used by (i) the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel for cybersecurity purposes. The Commission will not otherwise disclose any CBI in a manner that would reveal the operations of the firm supplying the information. Hearings on injury and remedy.—The Commission has scheduled separate hearings in connection with the injury and remedy phases of this investigation. The hearing on injury will be held beginning at 9:30 a.m. on September 7, 2017, at the U.S. International Trade Commission Building, 500 E Street SW., Washington, DC. In the event that the Commission makes an affirmative injury determination or is equally divided on the question of injury in this investigation, a hearing on the question of remedy will be held beginning at 9:30 a.m. on October 19, 2017. Requests to appear at the hearings should be filed in writing with the Secretary to the Commission on or before August 31, 2017 for the injury hearing, and October 13, 2017 for the remedy hearing. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the hearings. All parties and nonparties desiring to appear at the hearings and make oral presentations should participate in prehearing conferences to be held on September 5, 2017 for the injury hearing and October 17, 2017 for the remedy hearing, if deemed necessary. Oral testimony and written materials to be submitted at the public hearings are governed by sections 201.6(b)(2) 201.13(f), and 206.5 of the Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the respective hearings. Written submissions.—Each party who is an interested party may submit PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 27077 a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of sections 201.8, 206.7, and 206.8 of the Commission’s rules. The deadline for filing prehearing briefs on injury is August 29, 2017; that for filing prehearing briefs on remedy, including any commitments pursuant to 19 U.S.C. 2252(a)(6)(B), is October 12, 2017. Parties may also file written testimony in connection with their presentation at the hearing, as provided in sections 201.13, 206.5, and 206.8 of the Commission’s rules, and posthearing briefs, which must conform with the provisions of sections 201.8, 201.13, 206.7, and 206.8 of Commission’s rules. The deadline for filing posthearing briefs for the injury phase of the investigation is September 14, 2017; the deadline for filing posthearing briefs for the remedy phase of the investigation, if any, is October 26, 2017. In addition, any person who has not entered an appearance as a party to the investigation may submit a written statement of information pertinent to the consideration of injury on or before September 14, 2017, and pertinent to the consideration of remedy on or before October 26, 2017. All written submissions must conform with the provisions of section 201.8 of the Commission’s rules; any submissions that contain CBI must also conform with the requirements of sections 201.6 and 206.17 of the Commission’s rules. The Commission’s Handbook on E-Filing, available on the Commission’s Web site at https://www.usitc.gov/secretary/ documents/handbook_on_filing_ procedures.pdf, elaborates upon the Commission’s rules with respect to electronic filing. Any additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission’s rules, will not be accepted unless good cause is shown for accepting such a submission, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with section 201.16(c) of the Commission’s rules, each document filed by a party to the investigation must be served on all other parties to the investigation (as identified by the service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. For further information concerning the conduct of this investigation and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 206, subparts A and B (19 CFR part 206). E:\FR\FM\13JNN1.SGM 13JNN1 27078 Federal Register / Vol. 82, No. 112 / Tuesday, June 13, 2017 / Notices Authority: This investigation is being conducted under authority of Section 202 of the Act; this notice is published pursuant to section 203(b)(3) of the Act. By order of the Commission. Issued: June 7, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017–12160 Filed 6–12–17; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1060] Certain Consumer Electronic Devices, Including Televisions, Gaming Consoles, Mobile Phones and Tablets, and Network-Enabled DVD and BluRay Players; Institution of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 9, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of ARRIS Enterprises LLC of Suwanee, Georgia. Supplements were filed on May 26, 2017. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain consumer electronic devices, including televisions, gaming consoles, mobile phones and tablets, and network-enabled DVD and Blu-ray players by reason of infringement of U.S. Patent No. 6,473,858 (‘‘the ’858 patent’’); U.S. Patent No. 6,934,148 (‘‘the ’148 patent’’); U.S. Patent No. 7,113,502 (‘‘the ’502 patent’’); U.S. Patent No. 7,752,564 (‘‘the ’564 patent’’); U.S. Patent No. 8,300,156 (‘‘the ’156 patent’’); and U.S. Patent No. 9,521,466 (‘‘the ’466 patent’’). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Room 112, Washington, DC 20436, telephone nlaroche on DSK30NT082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 14:58 Jun 12, 2017 Jkt 241001 (202) 205–2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205– 2000. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. SUPPLEMENTARY INFORMATION: Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2017). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on June 6, 2017, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain consumer electronic devices, including televisions, gaming consoles, mobile phones and tablets, and networkenabled DVD and Blu-ray players by reason of infringement of one or more of claims 29, 33–39, 42, and 43 of the ’858 patent; claims 1, 2, and 4 of the ’148 patent; claims 1–6, 18–21, and 34–37 of the ’502 patent; claims 1–6 and 8–22 of the ’564 patent; claims 1–6, 9, and 11– 31 of the ’156 patent; and claims 1–5, 7, 8, 12, and 15–17 of the ’466 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainant is: ARRIS Enterprises LLC, 3871 Lakefield Drive, Suwanee, GA 30024. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 Sony Corporation, 1–7–1 Konan Minatoku, Tokyo, 108–0075, Japan Sony Corporation of America, 25 Madison Avenue, New York, NY 10010–8601 Sony Electronics Inc., 16535 Via Esprillo, San Diego, CA 92127 Sony Interactive Entertainment, Inc., 1– 7–1 Konan Minato-ku, Tokyo, 108– 0075, Japan Sony Mobile Communications (USA), Inc., 2207 Bridgepointe Parkway, San Mateo, CA 94404 Sony Interactive Entertainment LLC, 2207 Bridgepointe Parkway, San Mateo, CA 94404 Sony Interactive Entertainment America LLC, 2207 Bridgepointe Parkway, San Mateo, CA 94404 (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and (3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: June 7, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017–12158 Filed 6–12–17; 8:45 am] BILLING CODE 7020–02–P E:\FR\FM\13JNN1.SGM 13JNN1

Agencies

[Federal Register Volume 82, Number 112 (Tuesday, June 13, 2017)]
[Notices]
[Pages 27075-27078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12160]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. TA-201-76]


Large Residential Washers; Institution and Scheduling of 
Safeguard Investigation and Determination That the Investigation Is 
Extraordinarily Complicated

AGENCY: United States International Trade Commission.

ACTION: Notice of institution of investigation and scheduling of public 
hearings.

-----------------------------------------------------------------------

SUMMARY: Following receipt of a petition for import relief, as amended 
and properly filed on June 5, 2017, the Commission has instituted 
investigation No. TA-201-76 pursuant to section 202 of the Trade Act of 
1974 (``the Act'') to determine whether large residential washers 
(``LRWs'') are being imported into the United States in such increased 
quantities as to be a substantial cause of serious injury, or the 
threat thereof, to the domestic industry producing an article like or 
directly competitive with the imported articles. The Commission

[[Page 27076]]

has deemed the petition, as amended, to have been properly filed on 
June 5, 2017. The Commission has determined that this investigation is 
``extraordinarily complicated,'' and will make its injury determination 
within 122 days after the petition was filed, or by October 5, 2017. 
The Commission will submit to the President the report required under 
section 202(f) of the Act within 180 days after the date on which the 
petition was deemed filed, or by December 4, 2017.

DATES:  Effective June 5, 2017.

FOR FURTHER INFORMATION CONTACT:  Michael Szustakowski (202-205-3169), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--This investigation is being instituted, pursuant to 
section 202 of the Act (19 U.S.C. 2252), in response to a petition, as 
amended and properly filed on June 5, 2017, by Whirlpool Corporation 
(``Whirlpool''), a producer of LRWs in the United States. Whirlpool 
alleges that LRWs are being imported into the United States in such 
increased quantities as to be a substantial cause of serious injury, or 
the threat thereof, to the domestic industry producing an article like 
or directly competitive with the imported article. The Commission must 
submit its report on this investigation to the President no later than 
180 days after institution, which in this case falls on December 4, 
2017. (19 U.S.C. 2252(f)).
    The articles covered by this investigation are all LRWs and certain 
parts thereof. For purposes of this petition, the term LRWs denotes all 
automatic clothes washing machines, regardless of the orientation of 
the rotational axis, with a cabinet width (measured from its widest 
point) of at least 24.5 inches (62.23 cm) and no more than 32.0 inches 
(81.28 cm), except as noted below.
    Also covered are certain parts used in large residential washers, 
namely: (1) All cabinets, or portions thereof, designed for use in 
large residential washers; (2) all assembled tubs \1\ designed for use 
in large residential washers which incorporate, at a minimum: (a) A 
tub; and (b) a seal; (3) all assembled baskets \2\ designed for use in 
large residential washers which incorporate, at a minimum: (a) A side 
wrapper; \3\ (b) a base; and (c) a drive hub; \4\ and (4) any 
combination of the foregoing parts or subassemblies.
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    \1\ A ``tub'' is the part of the washer designed to hold water.
    \2\ A ``basket'' (sometimes referred to as a ``drum'') is the 
part of the washer designed to hold clothing or other fabrics.
    \3\ A ``side wrapper'' is the cylindrical part of the basket 
that actually holds the clothing or other fabrics.
    \4\ A ``drive hub'' is the hub at the center of the base that 
bears the load from the motor.
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    Excluded from the scope are stacked washer-dryers and commercial 
washers. The term ``stacked washer-dryers'' denotes distinct washing 
and drying machines that are built on a unitary frame and share a 
common console that controls both the washer and the dryer. The term 
``commercial washer'' denotes an automatic clothes washing machine 
designed for the ``pay per use'' segment meeting either of the 
following two definitions:
    (1)(a) It contains payment system electronics; \5\ (b) it is 
configured with an externally mounted steel frame at least six inches 
high that is designed to house a coin/token operated payment system 
(whether or not the actual coin/token operated payment system is 
installed at the time of importation); (c) it contains a push button 
user interface with a maximum of six manually selectable wash cycle 
settings, with no ability of the end user to otherwise modify water 
temperature, water level, or spin speed for a selected wash cycle 
setting; and (d) the console containing the user interface is made of 
steel and is assembled with security fasteners; \6\ or
---------------------------------------------------------------------------

    \5\ ``Payment system electronics'' denotes a circuit board 
designed to receive signals from a payment acceptance device and to 
display payment amount, selected settings, and cycle status. Such 
electronics also capture cycles and payment history and provide for 
transmission to a reader.
    \6\ A ``security fastener'' is a screw with a non-standard head 
that requires a non-standard driver. Examples include those with a 
pin in the center of the head as a ``center pin reject'' feature to 
prevent standard Allen wrenches or Torx drivers from working.
---------------------------------------------------------------------------

    (2)(a) it contains payment system electronics; (b) the payment 
system electronics are enabled (whether or not the payment acceptance 
device has been installed at the time of importation) such that, in 
normal operation,\7\ the unit cannot begin a wash cycle without first 
receiving a signal from a bona fide payment acceptance device such as 
an electronic credit card reader; (c) it contains a push button user 
interface with a maximum of six manually selectable wash cycle 
settings, with no ability of the end user to otherwise modify water 
temperature, water level, or spin speed for a selected wash cycle 
setting; and (d) the console containing the user interface is made of 
steel and is assembled with security fasteners.
---------------------------------------------------------------------------

    \7\ ``Normal operation'' refers to the operating mode(s) 
available to end users (i.e., not a mode designed for testing or 
repair by a technician).
---------------------------------------------------------------------------

    Also excluded from the scope are automatic clothes washing machines 
that meet all of the following conditions: (1) Have a vertical 
rotational axis; (2) are top loading; \8\ (3) have a drive train 
consisting, inter alia, of (a) a permanent split capacitor (PSC) 
motor,\9\ (b) a belt drive,\10\ and (c) a flat wrap spring clutch.\11\
---------------------------------------------------------------------------

    \8\ ``Top loading'' means that access to the basket is from the 
top of the washer.
    \9\ A ``PSC motor'' is an asynchronous, alternating current 
(AC), single phase induction motor that employs split phase 
capacitor technology.
    \10\ A ``belt drive'' refers to a drive system that includes a 
belt and pulleys.
    \11\ A ``flat wrap spring clutch'' is a flat metal spring that, 
when engaged, links abutted cylindrical pieces on the input shaft 
with the end of the concentric output shaft that connects to the 
drive hub.
---------------------------------------------------------------------------

    Also excluded from the scope are automatic clothes washing machines 
that meet all of the following conditions: (1) Have a horizontal 
rotational axis; (2) are front loading; \12\ and (3) have a drive train 
consisting, inter alia, of (a) a controlled induction motor (CIM),\13\ 
and (b) a belt drive.
---------------------------------------------------------------------------

    \12\ ``Front loading'' means that access to the basket is from 
the front of the washer.
    \13\ A ``controlled induction motor'' is an asynchronous, 
alternating current (AC), polyphase induction motor.
---------------------------------------------------------------------------

    Also excluded from the scope are automatic clothes washing machines 
that meet all of the following conditions: (1) Have a horizontal 
rotational axis; (2) are front loading; and (3) have cabinet width 
(measured from its widest point) of more than 28.5 inches (72.39 cm).
    For Customs purposes, the LRWs covered by the investigation are 
provided for under Harmonized Tariff Schedule of the United States 
(``HTSUS'') subheading 8450.20.00. LRWs and certain parts thereof 
subject to this petition may also be imported under HTSUS subheadings 
8450.11.00, 8450.90.20, and 8450.90.60. Although the HTSUS subheadings 
are provided for convenience and customs purposes, the written 
description of the merchandise subject to this petition is dispositive.
    Determination to institute this investigation.--Whirlpool initially

[[Page 27077]]

submitted a petition on May 31, 2017. On June 2, 2017, Commission staff 
sent a letter requesting that Whirlpool supply additional data on its 
percentage share of total domestic production and estimated data in 
calculating import-to-production ratios, apparent consumption, and 
market shares held by imports and domestic producers, in compliance 
with Commission Rule 206.14 (19 CFR 206.14). On June 5, 2017, Whirlpool 
amended its petition and provided the additional data requested by 
Commission staff. The Commission determined that the petition, as 
amended, was properly filed as of June 5, 2017.
    Determination that investigation is extraordinarily complicated.--
The Commission has determined that this investigation is 
``extraordinarily complicated'' within the meaning of section 
202(b)(2)(B) of the Act (19 U.S.C. 2252(b)(2)(B)). The Commission's 
decision to designate this investigation ``extraordinarily 
complicated'' is based on the complexity of the issues, including the 
existence of antidumping and/or countervailing duty orders on certain 
imports covered by this investigation. Ordinarily, the Commission would 
have been required to make its injury determination within 120 days 
after the petition was filed, or by October 3, 2017. (19 U.S.C. 
(b)(2)(A)). The statute permits the Commission to take up to 30 
additional days to make its injury determination in an investigation 
where it determines that the investigation is extraordinarily 
complicated. In this instance, the Commission intends to take two extra 
days and make its injury determination by October 5, 2017.
    Participation in the investigation and public service list.--
Persons (other than petitioner) wishing to participate in the 
investigation as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, not later than 21 days after publication of this 
notice in the Federal Register. The Secretary will prepare a service 
list containing the names and addresses of all persons, or their 
representatives, who are parties to this investigation upon the 
expiration of the period for filing entries of appearance.
    Limited disclosure of confidential business information (CBI) under 
an administrative protective order (APO) and CBI service list.--
Pursuant to section 206.17 of the Commission's rules, the Secretary 
will make CBI gathered in this investigation available to authorized 
applicants representing interested parties (as defined in 19 CFR 
206.17(a)(3)(iii)) under the APO issued in the investigation, provided 
that the application is made not later than 21 days after the 
publication of this notice in the Federal Register. A separate service 
list will be maintained by the Secretary for those parties authorized 
to receive CBI under the APO.
    The Commission may include CBI in the reports it sends to the 
President and to the U.S. Trade Representative. Additionally, all 
information, including CBI, submitted in this investigation may be 
disclosed to and used by (i) the Commission, its employees and Offices, 
and contract personnel (a) for developing or maintaining the records of 
this or a related proceeding, or (b) in internal investigations, 
audits, reviews, and evaluations relating to the programs, personnel, 
and operations of the Commission including under 5 U.S.C. Appendix 3; 
or (ii) by U.S. government employees and contract personnel for 
cybersecurity purposes. The Commission will not otherwise disclose any 
CBI in a manner that would reveal the operations of the firm supplying 
the information.
    Hearings on injury and remedy.--The Commission has scheduled 
separate hearings in connection with the injury and remedy phases of 
this investigation. The hearing on injury will be held beginning at 
9:30 a.m. on September 7, 2017, at the U.S. International Trade 
Commission Building, 500 E Street SW., Washington, DC. In the event 
that the Commission makes an affirmative injury determination or is 
equally divided on the question of injury in this investigation, a 
hearing on the question of remedy will be held beginning at 9:30 a.m. 
on October 19, 2017. Requests to appear at the hearings should be filed 
in writing with the Secretary to the Commission on or before August 31, 
2017 for the injury hearing, and October 13, 2017 for the remedy 
hearing. A nonparty who has testimony that may aid the Commission's 
deliberations may request permission to present a short statement at 
the hearings. All parties and nonparties desiring to appear at the 
hearings and make oral presentations should participate in prehearing 
conferences to be held on September 5, 2017 for the injury hearing and 
October 17, 2017 for the remedy hearing, if deemed necessary. Oral 
testimony and written materials to be submitted at the public hearings 
are governed by sections 201.6(b)(2) 201.13(f), and 206.5 of the 
Commission's rules. Parties must submit any request to present a 
portion of their hearing testimony in camera no later than 7 business 
days prior to the date of the respective hearings.
    Written submissions.--Each party who is an interested party may 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of sections 201.8, 206.7, and 206.8 of the 
Commission's rules. The deadline for filing prehearing briefs on injury 
is August 29, 2017; that for filing prehearing briefs on remedy, 
including any commitments pursuant to 19 U.S.C. 2252(a)(6)(B), is 
October 12, 2017. Parties may also file written testimony in connection 
with their presentation at the hearing, as provided in sections 201.13, 
206.5, and 206.8 of the Commission's rules, and posthearing briefs, 
which must conform with the provisions of sections 201.8, 201.13, 
206.7, and 206.8 of Commission's rules. The deadline for filing 
posthearing briefs for the injury phase of the investigation is 
September 14, 2017; the deadline for filing posthearing briefs for the 
remedy phase of the investigation, if any, is October 26, 2017. In 
addition, any person who has not entered an appearance as a party to 
the investigation may submit a written statement of information 
pertinent to the consideration of injury on or before September 14, 
2017, and pertinent to the consideration of remedy on or before October 
26, 2017. All written submissions must conform with the provisions of 
section 201.8 of the Commission's rules; any submissions that contain 
CBI must also conform with the requirements of sections 201.6 and 
206.17 of the Commission's rules. The Commission's Handbook on E-
Filing, available on the Commission's Web site at https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf, 
elaborates upon the Commission's rules with respect to electronic 
filing.
    Any additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, will not 
be accepted unless good cause is shown for accepting such a submission, 
or unless the submission is pursuant to a specific request by a 
Commissioner or Commission staff.
    In accordance with section 201.16(c) of the Commission's rules, 
each document filed by a party to the investigation must be served on 
all other parties to the investigation (as identified by the service 
list), and a certificate of service must be timely filed. The Secretary 
will not accept a document for filing without a certificate of service.
    For further information concerning the conduct of this 
investigation and rules of general application, consult the 
Commission's Rules of Practice and Procedure, part 201, subparts A and 
B (19 CFR part 201), and part 206, subparts A and B (19 CFR part 206).


[[Page 27078]]


    Authority:  This investigation is being conducted under 
authority of Section 202 of the Act; this notice is published 
pursuant to section 203(b)(3) of the Act.

    By order of the Commission.

    Issued: June 7, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-12160 Filed 6-12-17; 8:45 am]
 BILLING CODE 7020-02-P
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