Large Residential Washers From the Republic of Korea: Amendment to the Scope of the Countervailing Duty Investigation, 46715-46717 [2012-19152]
Download as PDF
<![CDATA[
Federal Register / Vol. 77, No. 151 / Monday, August 6, 2012 / Notices
E. Short-Term Pre-Shipment Rediscount
Program.
F. Law 5084: Withholding of Income Tax
on Wages and Salaries.
G. Law 5084: Incentive for Employers’
Share in Insurance Premiums.
H. Law 5084: Allocation of Free Land.
I. Law 5084: Energy Support.
J. OIZ: Exemption from Property Tax.
mstockstill on DSK4VPTVN1PROD with NOTICES
II. Programs Determined To not Confer
Countervailable Benefits
A. Inward Processing Certificate
Exemption.
B. Investment Encouragement Program
(IEP): Customs Duty Exemptions.
III. Programs Determined To not Be Used
A. Post-Shipment Export Loans.
B. Export Credit Bank of Turkey Buyer
Credits.
C. Subsidized Turkish Lira Credit
Facilities.
D. Subsidized Credit for Proportion of
Fixed Expenditures.
E. Subsidized Credit in Foreign Currency.
F. Regional Subsidies.
G. VAT Support Program (Incentive
Premium on Domestically Obtained Goods).
H. IEP: VAT Exemptions.
I. IEP: Reductions in Corporate Taxes.
J. IEP: Interest Support.
K. IEP: Social Security Premium Support.
L. IEP: Land Allocation.
M. National Restructuring Program.
N. Regional Incentive Scheme: Reduced
Corporate Tax Rates.
O. Regional Incentive Scheme: Social
Security Premium Contribution for
Employees.
P. Regional Incentive Scheme: Allocation
of State Land.
Q. Regional Incentive Scheme: Interest
Support.
R. OIZ: Waste Water Charges.
S. OIZ: Exemptions From Customs Duties,
VAT, and Payments for Public Housing
Fund, for Investments for Which an Income
Certificate Is Received.
T. OIZ: Credits for Research and
Development Investments, Environmental
Investments, Certain Technology
Investments, Certain ‘‘Regional
Development’’ Investments, and Investments
Moved From Developed Regions to ‘‘Regions
of Special Purpose’’.
U. Provision of Buildings and Land Use
Rights for Less Than Adequate Remuneration
Under the Free Zones Law.
V. Corporate Income Tax Exemption Under
the Free Zones Law.
W. Stamp Duties and Fees Exemptions
Under the Free Zones Law.
X. Customs Duties Exemptions Under the
Free Zones Law.
Y. Value-Added Tax Exemptions Under the
Free Zones Law.
Z. OIZ: Exemption From Building and
Construction Charges.
AA. OIZ: Exemption From Amalgamation
and Allotment Transaction Charges.
Analysis of Comments
Borusan
Comment 1: Whether the Department
Should Grant an Offset to the Gross Subsidy
VerDate Mar<15>2010
17:11 Aug 03, 2012
Jkt 226001
Found on Turkish Eximbank Loans for the
Bank Guarantee Fees.
Toscelik
Comment 2: Whether the Denominator for
Benefits at the Osmaniye Plant Should
Include Sale of Billets.
Comment 3: Whether the GOT’s Energy
Subsidies Under Law 5084 Were Properly
Attributed to the Subject Merchandise.
Comment 4: Whether the Benchmark Price
Used to Calculate Toscelik’s Benefit from the
Provision of Land for Less Than Adequate
Remuneration in the Organized Industrial
Zone (OIZ) Should be Revised.
Comment 5: Whether the Department
Correctly Attributed Subsidies Received by
Toscelik in the OIZ to Subject Merchandise
and Should Continue To Do So in the Final
Results.
[FR Doc. 2012–19168 Filed 8–3–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–869]
Large Residential Washers From the
Republic of Korea: Amendment to the
Scope of the Countervailing Duty
Investigation
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is amending the scope
of the countervailing duty (CVD)
investigation of large residential
washers (washing machines) from the
Republic of Korea (Korea) to exclude
top-load washing machines with a
vertical rotational axis and a rated
capacity of less than 3.70 cubic feet.
DATES: Effective Date: July 27, 2012.
FOR FURTHER INFORMATION CONTACT:
Justin Neuman or Milton Koch, AD/CVD
Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW, Washington, DC 20230;
telephone: (202) 482–0486 and (202)
482–2584, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 19, 2012, the Department
initiated the CVD investigation of
washing machines from Korea.1 On May
29, 2012, the Department issued its
affirmative preliminary determination.2
1 See Large Residential Washers From the
Republic of Korea: Initiation of Countervailing Duty
Investigation, 77 FR 4279 (January 27, 2012)
(Initiation Notice).
2 See Large Residential Washers From the
Republic of Korea: Preliminary Affirmative
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
46715
In accordance with the preamble to
the Department’s regulations,3 in our
Initiation Notice the Department set
aside a period of time for parties to raise
issues regarding product coverage, and
encouraged all parties to submit
comments within 20 calendar days of
publication of the Initiation Notice. No
interested party submitted comments
during that period. However, on May
17, 2012, the petitioner, Whirlpool
Corporation, requested that the
Department exclude automatic washing
machines with a vertical rotational axis
and a rated capacity of less than 3.70
cubic feet from the scope of this and the
concurrent antidumping duty (AD)
investigations of washing machines
from Mexico and Korea. Subsequently,
the Department received comments
from respondents Samsung Electronics
Co., Ltd. (Samsung) on May 23, 2012,
and from LG Electronics, Inc. on May
24, 2012, objecting to the petitioner’s
scope exclusion request. On June 21,
2012, the Department contacted U.S.
Customs and Border Protection (CBP)
seeking its input on whether the
petitioner’s proposed scope exclusion
request, if granted by the Department,
would be enforceable by CBP.4 On July
11, 2012, General Electric Company
(GE), a domestic producer and importer
of washing machines, filed comments
on the record of the AD investigation of
washing machines from Korea in
support of the petitioner’s scope
exclusion request. GE’s comments were
placed on the record of this CVD
investigation on July 18, 2012. Also on
July 18, Staber Industries, Inc., a
domestic producer of washing
machines, filed comments in support of
the petitioner’s scope exclusion request.
Based on the comments received from
the interested parties and information
provided by CBP, the Department is
amending the scope of the
investigations to exclude top-load
washing machines with a vertical
rotational axis and a rated capacity of
less than 3.70 cubic feet.5 Section
Countervailing Duty Determination and Alignment
of Final Determination With Final Antidumping
Determination, 77 FR 33181 (June 5, 2012)
(Preliminary Determination).
3 See Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
4 See Memorandum from Brandon Custard to The
File, ‘‘Exchange with CBP Regarding Petitioner’s
Scope Exclusion Request,’’ dated June 21, 2012.
5 See Large Residential Washers from Mexico:
Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination, and Large Residential Washers from
the Republic of Korea: Preliminary Determination of
Sales at Less Than Fair Value and Postponement
of Final Determination, signed July 27, 2012 (not
yet published), for the scope amendments in the
concurrent AD washing machine investigations.
E:\FR\FM\06AUN1.SGM
06AUN1
46716
Federal Register / Vol. 77, No. 151 / Monday, August 6, 2012 / Notices
702(b)(1) of the Tariff Act of 1930 (as
amended) (the Act), states that a
‘‘petition may be amended at such time,
and upon such conditions, as the
administering authority * * * may
permit.’’ In making a request to amend
the scope of the investigations, the
petitioner is essentially asking for the
Department to amend the petition. It is,
therefore, within the Department’s
authority to permit such an
amendment.6 Further, it is the
Department’s practice to provide ample
deference to the petitioner with respect
to the merchandise from which it
intends to seek relief.7
Amended Scope of the Investigation
The product covered by this
investigation is all large residential
washers and certain subassemblies
thereof from Korea.
For purposes of this investigation, the
term ‘‘large residential washers’’
denotes all automatic clothes washing
machines, regardless of the orientation
of the rotational axis, except as noted
below, 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).
Also covered are certain
subassemblies used in large residential
washers, namely: (1) All assembled
cabinets designed for use in large
residential washers which incorporate,
at a minimum: (a) At least three of the
six cabinet surfaces; and (b) a bracket;
(2) all assembled tubs 8 designed for use
in large residential washers which
incorporate, at a minimum: (a) A tub;
and (b) a seal; (3) all assembled baskets 9
designed for use in large residential
washers which incorporate, at a
minimum: (a) a side wrapper; 10 (b) a
base; and (c) a drive hub; 11 and (4) any
combination of the foregoing
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
6 See
section 702(b)(1) of the Act.
‘‘Memorandum from The Team to Gary
Taverman, Senior Advisor for Antidumping and
Countervailing Duty Operations: Exclusion of TopLoad Washing Machines with a Rated Capacity Less
than 3.70 Cubic Feet from the Scope of the
Investigations,’’ dated July 27, 2012, for further
discussion.
8 A ‘‘tub’’ is the part of the washer designed to
hold water.
9 A ‘‘basket’’ (sometimes referred to as a ‘‘drum’’)
is the part of the washer designed to hold clothing
or other fabrics.
10 A ‘‘side wrapper’’ is the cylindrical part of the
basket that actually holds the clothing or other
fabrics.
11 A ‘‘drive hub’’ is the hub at the center of the
base that bears the load from the motor.
mstockstill on DSK4VPTVN1PROD with NOTICES
7 See
VerDate Mar<15>2010
17:11 Aug 03, 2012
Jkt 226001
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’’ market
meeting either of the following two
definitions:
(1)(a) It contains payment system
electronics; 12 (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; 13 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,14 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.
Also excluded from the scope are
automatic clothes washing machines
with a vertical rotational axis and a
rated capacity of less than 3.70 cubic
feet, as certified to the U.S. Department
of Energy pursuant to 10 CFR 429.12
and 10 CFR 429.20, and in accordance
with the test procedures established in
10 CFR part 430.
The products subject to this
investigation are currently classifiable
12 ‘‘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.
13 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.
14 ‘‘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 00036
Fmt 4703
Sfmt 4703
under subheading 450.20.0090 of the
Harmonized Tariff System of the United
States (HTSUS). Products subject to this
investigation may also enter under
HTSUS subheadings 8450.11.0040,
8450.11.0080, 8450.90.2000, and
8450.90.6000. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
subject to this scope is dispositive.
Suspension of Liquidation
As noted in the Preliminary
Determination, sections 703(d)(1)(B) and
(2) of the Act require the Department,
upon making an affirmative preliminary
determination, to direct CBP to suspend
liquidation of all entries of the subject
merchandise from Korea, other than
those exported by companies with a de
minimis ad valorem subsidy rate, that
are entered, or withdrawn from
warehouse, for consumption on or after
the publication date of the preliminary
determination in the Federal Register,
and to require a cash deposit for such
entries of the merchandise in the
amounts of the calculated subsidy rates
or all-others rate, as appropriate.15
Because the scope of this investigation
is being amended, the Department will
direct CBP to suspend liquidation of
entries of the subject merchandise from
Korea using the amended scope
language.
Public Comment
Interested parties who wish to
comment on the amended scope
language should do so when submitting
case briefs. As noted in the Preliminary
Determination, the Department will
notify parties of the schedule for
submitting case briefs and rebuttal
briefs, in accordance with 19 CFR
351.309(c) and 19 CFR 351.309(d)(1),
respectively. A list of authorities relied
upon, a table of contents, and an
executive summary of issues should
accompany any briefs submitted to the
Department. Executive summaries
should be limited to five pages total,
including footnotes. Based on timely
requests by the petitioner and Samsung,
the Department intends to hold a public
hearing to afford interested parties an
opportunity to discuss the arguments
raised in case or rebuttal briefs. The
Department will notify all parties
regarding the scheduling of the public
hearing, which will be held at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
15 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
E:\FR\FM\06AUN1.SGM
06AUN1
Federal Register / Vol. 77, No. 151 / Monday, August 6, 2012 / Notices
Washington, DC 20230. Parties should
confirm, by telephone, the date, time,
and place of the hearing 48 hours before
the scheduled time.
This notice is issued pursuant to
777(i) of the Act.
Dated: July 31, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–19152 Filed 8–3–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 10–3A001]
Export Trade Certificate of Review
Notice of Application (10–
3A001) To Amend the Export Trade
Certificate of Review Issued to Alaska
Longline Cod Commission (‘‘ALCC’’),
Application No. 10–3A001.
ACTION:
The Office of Competition
and Economic Analysis (‘‘OCEA’’) of the
International Trade Administration,
Department of Commerce, has received
an application to amend an Export
Trade Certificate of Review
(‘‘Certificate’’). This notice summarizes
the proposed amendment and requests
comments relevant to whether the
amended Certificate should be issued.
FOR FURTHER INFORMATION CONTACT:
Joseph Flynn, Director, Office of
Competition and Economic Analysis,
International Trade Administration,
(202) 482–5131 (this is not a toll-free
number) or email at etca@trade.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Export Trading Company Act of
1982 (15 U.S.C. 4001–21) authorizes the
Secretary of Commerce to issue Export
Trade Certificates of Review. An Export
Trade Certificate of Review protects the
holder and the members identified in
the Certificate from State and Federal
government antitrust actions and from
private treble damage antitrust actions
for the export conduct specified in the
Certificate and carried out in
compliance with its terms and
conditions. Section 302(b)(1) of the
Export Trading Company Act of 1982
and 15 CFR 325.6(a) require the
Secretary to publish a notice in the
Federal Register identifying the
applicant and summarizing its proposed
export conduct.
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
be issued. If the comments include any
privileged or confidential business
information, it must be clearly marked
and a nonconfidential version of the
comments (identified as such) should be
included. Any comments not marked as
privileged or confidential business
information will be deemed to be
nonconfidential.
An original and five (5) copies, plus
two (2) copies of the nonconfidential
version, should be submitted no later
than 20 days after the date of this notice
to: Export Trading Company Affairs,
International Trade Administration,
U.S. Department of Commerce, Room
7021–X, Washington, DC 20230.
Information submitted by any person
is exempt from disclosure under the
Freedom of Information Act (5 U.S.C.
552). However, nonconfidential versions
of the comments will be made available
to the applicant if necessary for
determining whether or not to issue the
Certificate. Comments should refer to
this application as ‘‘Export Trade
Certificate of Review, application
number 10–3A001.’’
ALCC’s original Certificate was issued
on May 13, 2010 (75 FR 29514, May 26,
2010). A summary of the current
application for an amendment follows.
DEPARTMENT OF COMMERCE
Summary of the Application
Case History
The following events have occurred
since the publication of the notice of
initiation in the Federal Register.1
On April 20, 2012, the U.S.
International Trade Commission (‘‘ITC’’)
published its affirmative preliminary
determination that there is a reasonable
indication that an industry in the
United States is materially injured by
reason of allegedly subsidized imports
of SS sinks from the PRC.2
The Department released U.S.
Customs and Border Protection (‘‘CBP’’)
entry data for U.S. imports of SS sinks
from the PRC between January 1, 2011,
and December 31, 2011, to be used as
the basis for respondent selection.3 The
Department received comments on this
CBP data from the petitioner, Elkay
Manufacturing Company (‘‘Petitioner’’),
Zhongshan Superte Kitchenware Co.,
Applicant: Alaska Longline Cod
Commission (‘‘ALCC’’), 271 Wyatt Way
NE., Suite 106, Bainbridge Island, WA,
98110.
Contact: Duncan R. McIntosh,
Attorney, Telephone: (206) 624–5950.
Application No.: 10–3A001.
Date Deemed Submitted: July 18,
2012.
Proposed Amendment: ALCC seeks to
amend its Certificate to:
1. Add Glacier Bay Fisheries LLC as
Member of the Certificate within the
meaning of section 325.2(l) of the
Regulations (15 CFR 325.2(l)).
Dated: July 26, 2012.
Joseph E. Flynn,
Director, Office of Competition and Economic
Analysis.
[FR Doc. 2012–19117 Filed 8–3–12; 8:45 am]
BILLING CODE 3510–DR–P
Request for Public Comments
Interested parties may submit written
comments relevant to the determination
whether an amended Certificate should
VerDate Mar<15>2010
17:11 Aug 03, 2012
Jkt 226001
46717
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
International Trade Administration
[C–570–984]
Drawn Stainless Steel Sinks From the
People’s Republic of China:
Preliminary Affirmative Countervailing
Duty Determination
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of drawn
stainless steel sinks (‘‘SS sinks’’) from
the People’s Republic of China (‘‘PRC’’).
For information on the estimated
subsidy rates, see the ‘‘Suspension of
Liquidation’’ section of this notice.
DATES: Effective Date: August 6, 2012.
FOR FURTHER INFORMATION CONTACT:
Shane Subler or Hermes Pinilla, AD/
CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0189 or (202) 482–
3477, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
1 See Drawn Stainless Steel Sinks from the
People’s Republic of China: Initiation of
Countervailing Duty Investigation, 77 FR 18211
(March 27, 2012) (‘‘Initiation Notice’’), and the
accompanying Initiation Checklist (‘‘SS Sinks
Checklist’’).
2 See Drawn Stainless Steel Sinks From China, 77
FR 23752 (April 20, 2012).
3 See Memorandum from Hermes Pinilla,
International Trade Compliance Analyst to the File,
‘‘Release of Customs and Border Protection Entry
Data to Interested Parties for Comment,’’ dated
March 28, 2012.
E:\FR\FM\06AUN1.SGM
06AUN1
]]>Agencies
[Federal Register Volume 77, Number 151 (Monday, August 6, 2012)]
[Notices]
[Pages 46715-46717]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19152]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-869]
Large Residential Washers From the Republic of Korea: Amendment
to the Scope of the Countervailing Duty Investigation
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is amending the
scope of the countervailing duty (CVD) investigation of large
residential washers (washing machines) from the Republic of Korea
(Korea) to exclude top-load washing machines with a vertical rotational
axis and a rated capacity of less than 3.70 cubic feet.
DATES: Effective Date: July 27, 2012.
FOR FURTHER INFORMATION CONTACT: Justin Neuman or Milton Koch, AD/CVD
Operations, Office 6, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0486
and (202) 482-2584, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 19, 2012, the Department initiated the CVD investigation
of washing machines from Korea.\1\ On May 29, 2012, the Department
issued its affirmative preliminary determination.\2\
---------------------------------------------------------------------------
\1\ See Large Residential Washers From the Republic of Korea:
Initiation of Countervailing Duty Investigation, 77 FR 4279 (January
27, 2012) (Initiation Notice).
\2\ See Large Residential Washers From the Republic of Korea:
Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination With Final Antidumping
Determination, 77 FR 33181 (June 5, 2012) (Preliminary
Determination).
---------------------------------------------------------------------------
In accordance with the preamble to the Department's regulations,\3\
in our Initiation Notice the Department set aside a period of time for
parties to raise issues regarding product coverage, and encouraged all
parties to submit comments within 20 calendar days of publication of
the Initiation Notice. No interested party submitted comments during
that period. However, on May 17, 2012, the petitioner, Whirlpool
Corporation, requested that the Department exclude automatic washing
machines with a vertical rotational axis and a rated capacity of less
than 3.70 cubic feet from the scope of this and the concurrent
antidumping duty (AD) investigations of washing machines from Mexico
and Korea. Subsequently, the Department received comments from
respondents Samsung Electronics Co., Ltd. (Samsung) on May 23, 2012,
and from LG Electronics, Inc. on May 24, 2012, objecting to the
petitioner's scope exclusion request. On June 21, 2012, the Department
contacted U.S. Customs and Border Protection (CBP) seeking its input on
whether the petitioner's proposed scope exclusion request, if granted
by the Department, would be enforceable by CBP.\4\ On July 11, 2012,
General Electric Company (GE), a domestic producer and importer of
washing machines, filed comments on the record of the AD investigation
of washing machines from Korea in support of the petitioner's scope
exclusion request. GE's comments were placed on the record of this CVD
investigation on July 18, 2012. Also on July 18, Staber Industries,
Inc., a domestic producer of washing machines, filed comments in
support of the petitioner's scope exclusion request.
---------------------------------------------------------------------------
\3\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\4\ See Memorandum from Brandon Custard to The File, ``Exchange
with CBP Regarding Petitioner's Scope Exclusion Request,'' dated
June 21, 2012.
---------------------------------------------------------------------------
Based on the comments received from the interested parties and
information provided by CBP, the Department is amending the scope of
the investigations to exclude top-load washing machines with a vertical
rotational axis and a rated capacity of less than 3.70 cubic feet.\5\
Section
[[Page 46716]]
702(b)(1) of the Tariff Act of 1930 (as amended) (the Act), states that
a ``petition may be amended at such time, and upon such conditions, as
the administering authority * * * may permit.'' In making a request to
amend the scope of the investigations, the petitioner is essentially
asking for the Department to amend the petition. It is, therefore,
within the Department's authority to permit such an amendment.\6\
Further, it is the Department's practice to provide ample deference to
the petitioner with respect to the merchandise from which it intends to
seek relief.\7\
---------------------------------------------------------------------------
\5\ See Large Residential Washers from Mexico: Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination, and Large Residential Washers from the Republic
of Korea: Preliminary Determination of Sales at Less Than Fair Value
and Postponement of Final Determination, signed July 27, 2012 (not
yet published), for the scope amendments in the concurrent AD
washing machine investigations.
\6\ See section 702(b)(1) of the Act.
\7\ See ``Memorandum from The Team to Gary Taverman, Senior
Advisor for Antidumping and Countervailing Duty Operations:
Exclusion of Top-Load Washing Machines with a Rated Capacity Less
than 3.70 Cubic Feet from the Scope of the Investigations,'' dated
July 27, 2012, for further discussion.
---------------------------------------------------------------------------
Amended Scope of the Investigation
The product covered by this investigation is all large residential
washers and certain subassemblies thereof from Korea.
For purposes of this investigation, the term ``large residential
washers'' denotes all automatic clothes washing machines, regardless of
the orientation of the rotational axis, except as noted below, 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).
Also covered are certain subassemblies used in large residential
washers, namely: (1) All assembled cabinets designed for use in large
residential washers which incorporate, at a minimum: (a) At least three
of the six cabinet surfaces; and (b) a bracket; (2) all assembled tubs
\8\ designed for use in large residential washers which incorporate, at
a minimum: (a) A tub; and (b) a seal; (3) all assembled baskets \9\
designed for use in large residential washers which incorporate, at a
minimum: (a) a side wrapper; \10\ (b) a base; and (c) a drive hub; \11\
and (4) any combination of the foregoing subassemblies.
---------------------------------------------------------------------------
\8\ A ``tub'' is the part of the washer designed to hold water.
\9\ A ``basket'' (sometimes referred to as a ``drum'') is the
part of the washer designed to hold clothing or other fabrics.
\10\ A ``side wrapper'' is the cylindrical part of the basket
that actually holds the clothing or other fabrics.
\11\ A ``drive hub'' is the hub at the center of the base that
bears the load from the motor.
---------------------------------------------------------------------------
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'' market meeting either of the following
two definitions:
(1)(a) It contains payment system electronics; \12\ (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; \13\ or
---------------------------------------------------------------------------
\12\ ``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.
\13\ 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,\14\ 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.
---------------------------------------------------------------------------
\14\ ``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
with a vertical rotational axis and a rated capacity of less than 3.70
cubic feet, as certified to the U.S. Department of Energy pursuant to
10 CFR 429.12 and 10 CFR 429.20, and in accordance with the test
procedures established in 10 CFR part 430.
The products subject to this investigation are currently
classifiable under subheading 450.20.0090 of the Harmonized Tariff
System of the United States (HTSUS). Products subject to this
investigation may also enter under HTSUS subheadings 8450.11.0040,
8450.11.0080, 8450.90.2000, and 8450.90.6000. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the merchandise subject to this scope is
dispositive.
Suspension of Liquidation
As noted in the Preliminary Determination, sections 703(d)(1)(B)
and (2) of the Act require the Department, upon making an affirmative
preliminary determination, to direct CBP to suspend liquidation of all
entries of the subject merchandise from Korea, other than those
exported by companies with a de minimis ad valorem subsidy rate, that
are entered, or withdrawn from warehouse, for consumption on or after
the publication date of the preliminary determination in the Federal
Register, and to require a cash deposit for such entries of the
merchandise in the amounts of the calculated subsidy rates or all-
others rate, as appropriate.\15\ Because the scope of this
investigation is being amended, the Department will direct CBP to
suspend liquidation of entries of the subject merchandise from Korea
using the amended scope language.
---------------------------------------------------------------------------
\15\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
---------------------------------------------------------------------------
Public Comment
Interested parties who wish to comment on the amended scope
language should do so when submitting case briefs. As noted in the
Preliminary Determination, the Department will notify parties of the
schedule for submitting case briefs and rebuttal briefs, in accordance
with 19 CFR 351.309(c) and 19 CFR 351.309(d)(1), respectively. A list
of authorities relied upon, a table of contents, and an executive
summary of issues should accompany any briefs submitted to the
Department. Executive summaries should be limited to five pages total,
including footnotes. Based on timely requests by the petitioner and
Samsung, the Department intends to hold a public hearing to afford
interested parties an opportunity to discuss the arguments raised in
case or rebuttal briefs. The Department will notify all parties
regarding the scheduling of the public hearing, which will be held at
the U.S. Department of Commerce, 14th Street and Constitution Avenue
NW.,
[[Page 46717]]
Washington, DC 20230. Parties should confirm, by telephone, the date,
time, and place of the hearing 48 hours before the scheduled time.
This notice is issued pursuant to 777(i) of the Act.
Dated: July 31, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-19152 Filed 8-3-12; 8:45 am]
BILLING CODE 3510-DS-P
