Large Residential Washers From the Republic of Korea: Partial Rescission of Antidumping Duty Administrative Review; 2014-2015, 55091-55092 [2015-23051]

Download as PDF Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Notices and 8501.31.8000 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of the order is dispositive. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties are addressed in the Issues and Decision Memorandum.4 A list of the issues which parties raised is attached to this notice as an Appendix. Bona Fide Analysis For the Preliminary Rescission, the Department analyzed the bona fides of DMEGC’s single sale and preliminarily found it to be a non-bona fide sale.5 Based on the Department’s complete analysis of all of the information and comments on the record of this review, the Department continues to find DMEGC’s sale to be a non-bona fide sale. The Department reached this conclusion based on the totality of circumstances, namely: (a) The atypical nature of the price and sale quantity; (b) DMEGC’s failure to demonstrate that its first unaffiliated customer resold the merchandise at a profit; (c) the timing of the sale; and (d) issues concerning payment.6 For a complete discussion, see the Issues and Decision Memorandum.7 Rescission of New Shipper Review For the foregoing reasons, the Department finds that DMEGC’s sale is a non-bona fide sale and that this sale does not provide a reasonable or reliable basis for calculating a dumping margin. Because this non-bona fide sale was DMEGC’s only sale of subject tkelley on DSK3SPTVN1PROD with NOTICES 4 Id. 5 See ‘‘Decision Memorandum for the Preliminary Rescission of the 2013–2014 Antidumping Duty New Shipper Review: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, dated April 7, 2015. 6 See Issues and Decision Memorandum. 7 Id. Further, because a significant amount of the information discussed may not be publicly disclosed, the Department addressed the issue in a separate business proprietary memorandum. See Memorandum to Edward Yang Senior Director, Office VII, Antidumping and Countervailing Duty Operations, from Abdelali Elouaradia, Director, Office IV, Antidumping and Countervailing Duty Operations: ‘‘2013–2014 Antidumping Duty New Shipper Review of Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China: Comments in the Issues and Decision Memorandum Containing Business Proprietary Information,’’ dated concurrently with this notice. VerDate Sep<11>2014 18:15 Sep 11, 2015 Jkt 235001 merchandise during the POR, the Department is rescinding this NSR. Assessment As the Department is rescinding this NSR, we have not calculated a company-specific dumping margin for DMEGC. DMEGC remains part of the PRC-wide entity and, accordingly, its entries will be assessed at the PRC-wide rate. Cash Deposit Requirements Effective upon publication of this notice of final rescission of the NSR of DMEGC, the Department will instruct U.S. Customs and Border Protection to discontinue the option of posting a bond or security in lieu of a cash deposit for entries of subject merchandise from DMEGC. Because we did not calculate a dumping margin for DMEGC or grant DMEGC a separate rate in this review, DMEGC continues to be part of the PRCwide entity. The cash deposit rate for the PRC-wide entity is 238.95 percent. These cash deposit requirements shall remain in effect until further notice. Administrative Protective Order This notice also serves as a reminder to parties subject to Administrative Protective Order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in these segments of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing this notice in accordance with sections 751(a)(2)(B) and 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.214. Dated: September 4, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—Issues and Decision Memorandum Summary Background Scope of the Order Discussion of the Issues Comment 1: Commerce’s Bona Fide Analysis for DMEGC Comment 2: Surrogate Country and Value Selection Recommendation [FR Doc. 2015–23049 Filed 9–11–15; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 55091 DEPARTMENT OF COMMERCE International Trade Administration [A–580–868] Large Residential Washers From the Republic of Korea: Partial Rescission of Antidumping Duty Administrative Review; 2014–2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is partially rescinding its administrative review of the antidumping duty order on large residential washers (LRW) from the Republic of Korea (Korea) for the period of review February 1, 2014, through January 31, 2015 (POR). DATES: Effective Date: September 14, 2015. FOR FURTHER INFORMATION CONTACT: David Goldberger or Reza Karamloo, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4136 or (202) 482–4470, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On February 2, 2015, the Department published in the Federal Register a notice of ‘‘Opportunity to Request Administrative Review’’ of the antidumping duty order on LRW from Korea for the POR.1 On February 11, 2015, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b), the Department received a timely request from LG Electronics, Inc. and its affiliate LG Electronics USA, Inc. (collectively, LG) to conduct a review of LG’s sales and shipments to the United States during the POR. On February 26, 2015, Whirlpool Corporation, the petitioner, requested that the Department conduct an administrative review of the sales of LG, Samsung Electronics Co., Ltd. (Samsung), and Daewoo Electronics Corporation (Daewoo).2 On April 3, 2015, the Department published in the Federal Register a notice of initiation of an administrative review of the antidumping duty order 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 80 FR 5509 (February 2, 2015). 2 See February 11 and 26, 2015, letters from LG and the petitioner, respectively, regarding request for administrative review. E:\FR\FM\14SEN1.SGM 14SEN1 55092 Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Notices on LRW from Korea with respect to the above-named companies.3 On May 29, 2015, the petitioner timely withdrew its request for a review of Samsung and Daewoo.4 Partial Rescission of Review Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of notice of initiation of the requested review. The petitioner’s withdrawal request was filed before the 90-day deadline. Therefore, in response to the withdrawal of request for review of Samsung and Daewoo, and pursuant to 19 CFR 351.213(d)(1), we are rescinding this review with regard to these companies. The instant review will continue with respect to LG. Assessment The Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. For the companies for which this review is rescinded, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after the date of publication of this notice in the Federal Register. tkelley on DSK3SPTVN1PROD with NOTICES Notification to Importers This notice serves as the only reminder to importers of their responsibility, under 19 CFR 351.402(f)(2), to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement may result in the presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Order This notice serves as the only reminder to parties subject to administrative protective order (APO) of 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 80 FR 18202 (April 3, 2015). 4 See May 29, 2015, letter from the petitioner regarding withdrawal of request for review. VerDate Sep<11>2014 18:15 Sep 11, 2015 Jkt 235001 their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This notice is published in accordance with section 751 of the Act and 19 CFR 351.213(d)(4). Dated: September 8, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015–23051 Filed 9–11–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–801] Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2013–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) is conducting the 11th administrative review of the antidumping duty order on certain frozen fish fillets (‘‘fish fillets’’) from the Socialist Republic of Vietnam (‘‘Vietnam’’).1 The Department preliminarily determines that the Hung Vuong Group (‘‘HVG’’) 2 and Thuan An Production Trading and Service Co., Ltd. (‘‘TAFISHCO’’) sold subject merchandise in the United States at prices below normal value (‘‘NV’’) during the period of review (‘‘POR’’) August 1, 2013, through July 31, 2014. If these preliminary results are adopted in the final results, the Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties on all appropriate AGENCY: 1 See Notice of Antidumping Duty Order: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam, 68 FR 47909 (August 12, 2003) (‘‘Order’’). 2 The Department previously found that An Giang Fisheries Import & Export Joint Stock Company (‘‘Agifish’’) is a member of the Hung Vuong Group, which also includes Asia Pangasius Company Limited, Europe Joint Stock Company, Hung Vuong Joint Stock Company, Hung Vuong Mascato Company Limited, Hung Vuong—Vinh Long Co., Ltd. and Hung Vuong—Sa Dec Co., Ltd. See Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results of the Antidumping Duty Administrative Review and New Shipper Review; 2011–2012, 79 FR 19053 (April 7, 2014). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 entries of subject merchandise during the POR. Interested parties are invited to comment on these preliminary results. DATES: Effective date: September 14, 2015. FOR FURTHER INFORMATION CONTACT: Javier Barrientos or Jerry Huang, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone 202–482–2243 or 202–482– 4047, respectively. SUPPLEMENTARY INFORMATION: Background On September 30, 2014, the Department initiated the 11th administrative review of the antidumping duty order on fish fillets from Vietnam for the period August 1, 2013, through July 31, 2014.3 On April 8, 2015, the Department partially extended the deadline for issuing the preliminary results by 106 days.4 On August 11, 2015, the Department further extended the deadline for issuing the preliminary results by 14 days.5 The revised deadline for the preliminary results of this administrative is now August 31, 2015. Scope of the Order The product covered by the order is frozen fish fillets, including regular, shank, and strip fillets and portions thereof, whether or not breaded or marinated, of the species Pangasius Bocourti, Pangasius Hypophthalmus (also known as Pangasius Pangasius) and Pangasius Micronemus. These products are classifiable under tariff article codes 0304.29.6033, 0304.62.0020, 0305.59.0000, 0305.59.4000, 1604.19.2000, 1604.19.2100, 1604.19.3000, 1604.19.3100, 1604.19.4000, 1604.19.4100, 1604.19.5000, 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 79 FR 58729 (September 30, 2014) (‘‘Initiation Notice’’). 4 See Memorandum to James P. Maeder, Senior Director, Office I, Antidumping and Countervailing Duty Operations, through James C. Doyle, Director, Office V, Antidumping and Countervailing Duty Operations regarding ‘‘Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Extension of Deadline for Preliminary Results of 2013–2014 Antidumping Duty Administrative Review,’’ dated April 8, 2015. 5 See Memorandum to Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, through James C. Doyle, Director, Office V, Antidumping and Countervailing Duty Operations regarding ‘‘Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Second Extension of Deadline for Preliminary Results of 2013–2014 Antidumping Duty Administrative Review,’’ dated August 11, 2015. E:\FR\FM\14SEN1.SGM 14SEN1

Agencies

[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)]
[Notices]
[Pages 55091-55092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23051]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-868]


Large Residential Washers From the Republic of Korea: Partial 
Rescission of Antidumping Duty Administrative Review; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is partially 
rescinding its administrative review of the antidumping duty order on 
large residential washers (LRW) from the Republic of Korea (Korea) for 
the period of review February 1, 2014, through January 31, 2015 (POR).

DATES: Effective Date: September 14, 2015.

FOR FURTHER INFORMATION CONTACT: David Goldberger or Reza Karamloo, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-4136 or (202) 482-4470, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 2, 2015, the Department published in the Federal 
Register a notice of ``Opportunity to Request Administrative Review'' 
of the antidumping duty order on LRW from Korea for the POR.\1\
---------------------------------------------------------------------------

    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 80 FR 5509 (February 2, 2015).
---------------------------------------------------------------------------

    On February 11, 2015, in accordance with section 751(a) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b), the 
Department received a timely request from LG Electronics, Inc. and its 
affiliate LG Electronics USA, Inc. (collectively, LG) to conduct a 
review of LG's sales and shipments to the United States during the POR. 
On February 26, 2015, Whirlpool Corporation, the petitioner, requested 
that the Department conduct an administrative review of the sales of 
LG, Samsung Electronics Co., Ltd. (Samsung), and Daewoo Electronics 
Corporation (Daewoo).\2\
---------------------------------------------------------------------------

    \2\ See February 11 and 26, 2015, letters from LG and the 
petitioner, respectively, regarding request for administrative 
review.
---------------------------------------------------------------------------

    On April 3, 2015, the Department published in the Federal Register 
a notice of initiation of an administrative review of the antidumping 
duty order

[[Page 55092]]

on LRW from Korea with respect to the above-named companies.\3\
---------------------------------------------------------------------------

    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 18202 (April 3, 2015).
---------------------------------------------------------------------------

    On May 29, 2015, the petitioner timely withdrew its request for a 
review of Samsung and Daewoo.\4\
---------------------------------------------------------------------------

    \4\ See May 29, 2015, letter from the petitioner regarding 
withdrawal of request for review.
---------------------------------------------------------------------------

Partial Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of notice of initiation of the requested review. The 
petitioner's withdrawal request was filed before the 90-day deadline. 
Therefore, in response to the withdrawal of request for review of 
Samsung and Daewoo, and pursuant to 19 CFR 351.213(d)(1), we are 
rescinding this review with regard to these companies. The instant 
review will continue with respect to LG.

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to assess antidumping duties on all appropriate entries. For the 
companies for which this review is rescinded, antidumping duties shall 
be assessed at rates equal to the cash deposit of estimated antidumping 
duties required at the time of entry, or withdrawal from warehouse, for 
consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department 
intends to issue appropriate assessment instructions directly to CBP 15 
days after the date of publication of this notice in the Federal 
Register.

Notification to Importers

    This notice serves as the only reminder to importers of their 
responsibility, under 19 CFR 351.402(f)(2), to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement may result in the presumption 
that reimbursement of antidumping and/or countervailing duties occurred 
and the subsequent assessment of double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    This notice is published in accordance with section 751 of the Act 
and 19 CFR 351.213(d)(4).

    Dated: September 8, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2015-23051 Filed 9-11-15; 8:45 am]
BILLING CODE 3510-DS-P