Large Residential Washers From Mexico: Final Results of the Antidumping Duty Administrative Review; 2012-2014, 55335-55336 [2015-23158]

Download as PDF Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Notices Notification to Importers Regarding the Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Order (‘‘APO’’) This notice also serves as a final reminder to parties subject to APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment 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 the final results of this review and notice in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213. Dated: September 8, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. mstockstill on DSK4VPTVN1PROD with NOTICES List of Topics Discussed in Issues and Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Discussion of the Issues Comment 1: Bona Fide Sale Comment 2: Steel Plate Comment 3: Market Economy Prices from Korea Comment 4: Financial Statements Comment 5: Flanges Comment 6: Calculation of Market Economy Prices 5. Recommendation BILLING CODE 3510–DS–P VerDate Sep<11>2014 19:04 Sep 14, 2015 Jkt 235001 International Trade Administration [A–201–842] Large Residential Washers From Mexico: Final Results of the Antidumping Duty Administrative Review; 2012–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 9, 2015, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty (AD) order on large residential washers (LRWs) from Mexico.1 The review covers two producers/exporters of the subject merchandise: Electrolux Home Products Corp. N.V. and Electrolux Home Products de Mexico, S.A. de C.V. (collectively, Electrolux) and Samsung Electronics Co., Ltd. (Samsung). The period of review (POR) is August 3, 2012, through January 31, 2014. We gave interested parties an opportunity to comment on the Preliminary Results. After reviewing the comments received and making corrections to the margin calculation, we continue to find that Electrolux made sales of subject merchandise to the United States at prices below normal value. We also find that Samsung made no shipments of subject merchandise during the POR. Electrolux’s final dumping margin is listed below in the section entitled ‘‘Final Results of the Review.’’ DATES: Effective Date: September 15, 2015. AGENCY: FOR FURTHER INFORMATION CONTACT: Appendix [FR Doc. 2015–23155 Filed 9–14–15; 8:45 am] DEPARTMENT OF COMMERCE Brian Smith or Brandon Custard, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1766 or (202) 482– 1823, respectively. SUPPLEMENTARY INFORMATION: Background For a complete description of the events that following the publication of the Preliminary Results, see the Issues and Decision Memorandum.2 The Issues 1 See Large Residential Washers From Mexico: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2012–2014, 80 FR 12436 (March 9, 2015) (Preliminary Results). 2 See memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 55335 and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s AD and Countervailing Duty (CVD) Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov and in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. The Department conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Scope of the Order The products covered by the order are all large residential washers and certain subassemblies thereof from Mexico. The products are currently classifiable under subheadings 8450.20.0040 and 8450.20.0080 of the Harmonized Tariff System of the United States (HTSUS). Products subject to this order 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.3 Analysis of Comments Received All issues raised in the case and rebuttal briefs are addressed in the Issues and Decision Memorandum. A list of the issues which parties raised and to which we respond in the Issues and Decision Memorandum is attached to this notice as Appendix I. Final Determination of No Shipments In the Preliminary Results, based on our analysis of U.S. Customs and Border Protection (CBP) information and information provided by Samsung, we determined that Samsung had no shipments of the subject merchandise, Operations, ‘‘Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review of Large Residential Washers from Mexico,’’ dated concurrently with and adopted by this notice (Issues and Decision Memorandum). 3 A full description of the scope of the order is contained in the Issues and Decision Memorandum. The HTSUS numbers are revised from the numbers previously stated in the scope. See Memorandum to The File entitled ‘‘Changes to the HTS Numbers to the ACE Case Reference Files for the Antidumping Duty Orders,’’ dated January 6, 2015. E:\FR\FM\15SEN1.SGM 15SEN1 55336 Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Notices and, therefore, no reviewable transactions, during the POR.4 No party commented on our preliminary results with respect to Samsung, and no additional information has been placed on the record to call into question those preliminary results. Accordingly, for the final results of this review, we continue to find that Samsung made no shipments of the subject merchandise during the POR. Final Results of the Review Based on our analysis of the comments received, we made changes to the weighted-average dumping margin calculation for Electrolux. Therefore, we are assigning the following weightedaverage dumping margins for the period August 3, 2012, through January 31, 2014: Weightedaverage dumping margin (percent) Manufacturer/exporter Electrolux Home Products Corp. NV/Electrolux Home Products de Mexico, S.A. de C.V. ......... 6.45 Disclosure and Public Comment We intend to disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). mstockstill on DSK4VPTVN1PROD with NOTICES Assessment Rates Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b)(1), the Department has determined, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of this administrative review. For Electrolux, the Department calculated ad valorem importer-specific assessment rates equal to the total amount of dumping calculated for the importer’s examined sales and the total entered value of those sales. Where an importer-specific assessment rate is zero or de minimis (i.e., less than 0.5 percent), the Department will instruct CBP to liquidate these entries without regard to antidumping duties pursuant to 19 CFR 351.106(c)(2). The Department clarified its ‘‘automatic assessment’’ regulation on 4 See Preliminary Results, 80 FR at 12347. VerDate Sep<11>2014 19:04 Sep 14, 2015 Jkt 235001 May 6, 2003.5 If applicable, this clarification will apply to entries of subject merchandise during the POR produced by Electrolux or Samsung, for which the company did not know that its merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate these entries at the all-others rate established in the less-than fair-value (LTFV) investigation, 36.52 percent,6 if there is no rate for the intermediary involved in the transaction. See Assessment Policy Notice for a full discussion of this clarification. Cash Deposit Requirements The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Electrolux will be equal to the weighted-average dumping margin established in the final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recentlycompleted segment; (3) if the exporter is not a firm covered in this review, a prior review, or the original LTFV investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recentlycompleted segment of this proceeding for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 36.52 percent, the all-others rate determined in the LTFV investigation.7 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement 5 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). 6 See Large Residential Washers From Mexico and the Republic of Korea: Antidumping Duty Orders, 78 FR 11148 (February 15, 2013) (AD Order). 7 Id. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 could result in the Secretary’s presumption that reimbursement of antidumping 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(a)(1) and 777(i)(1) of the Act. Dated: September 8, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Issues and Decision Memorandum Summary Background Margin Calculations Scope of the Order Discussion of Issues 1. Clerical Errors in Electrolux’s Preliminary Dumping Margin 2. Electrolux’s Affiliated Party Transactions 3. Methodological Issues in the Differential Pricing Analysis 4. Zeroing and Differential Pricing 5. Monthly Time Periods in Differential Pricing Analysis [FR Doc. 2015–23158 Filed 9–14–15; 8:45 a.m.] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–580–869] Large Residential Washers From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 2012–2013 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 11, 2015, the Department published the preliminary results of the administrative review of the countervailing duty order on large residential washers from Korea.1 The AGENCY: 1 See Large Residential Washers From the Republic of Korea: Preliminary Results of the E:\FR\FM\15SEN1.SGM 15SEN1

Agencies

[Federal Register Volume 80, Number 178 (Tuesday, September 15, 2015)]
[Notices]
[Pages 55335-55336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23158]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-842]


Large Residential Washers From Mexico: Final Results of the 
Antidumping Duty Administrative Review; 2012-2014

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

SUMMARY: On March 9, 2015, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty (AD) order on large residential washers (LRWs) from 
Mexico.\1\ The review covers two producers/exporters of the subject 
merchandise: Electrolux Home Products Corp. N.V. and Electrolux Home 
Products de Mexico, S.A. de C.V. (collectively, Electrolux) and Samsung 
Electronics Co., Ltd. (Samsung). The period of review (POR) is August 
3, 2012, through January 31, 2014. We gave interested parties an 
opportunity to comment on the Preliminary Results. After reviewing the 
comments received and making corrections to the margin calculation, we 
continue to find that Electrolux made sales of subject merchandise to 
the United States at prices below normal value. We also find that 
Samsung made no shipments of subject merchandise during the POR. 
Electrolux's final dumping margin is listed below in the section 
entitled ``Final Results of the Review.''
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    \1\ See Large Residential Washers From Mexico: Preliminary 
Results of the Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2012-2014, 80 FR 12436 
(March 9, 2015) (Preliminary Results).

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DATES: Effective Date: September 15, 2015.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Brandon Custard, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1766 or (202) 482-1823, respectively.

SUPPLEMENTARY INFORMATION:

Background

    For a complete description of the events that following the 
publication of the Preliminary Results, see the Issues and Decision 
Memorandum.\2\ The Issues and Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's AD and 
Countervailing Duty (CVD) Centralized Electronic Service System 
(ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, room B8024 of the 
main Department of Commerce building. In addition, a complete version 
of the Issues and Decision Memorandum can be accessed directly at 
http://enforcement.trade.gov/frn/index.html. The signed Issues and 
Decision Memorandum and the electronic version of the Issues and 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \2\ See memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, ``Issues and Decision Memorandum for the Final Results 
of the Antidumping Duty Administrative Review of Large Residential 
Washers from Mexico,'' dated concurrently with and adopted by this 
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

    The Department conducted this administrative review in accordance 
with section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of the Order

    The products covered by the order are all large residential washers 
and certain subassemblies thereof from Mexico. The products are 
currently classifiable under subheadings 8450.20.0040 and 8450.20.0080 
of the Harmonized Tariff System of the United States (HTSUS). Products 
subject to this order 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.\3\
---------------------------------------------------------------------------

    \3\ A full description of the scope of the order is contained in 
the Issues and Decision Memorandum. The HTSUS numbers are revised 
from the numbers previously stated in the scope. See Memorandum to 
The File entitled ``Changes to the HTS Numbers to the ACE Case 
Reference Files for the Antidumping Duty Orders,'' dated January 6, 
2015.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues which parties 
raised and to which we respond in the Issues and Decision Memorandum is 
attached to this notice as Appendix I.

Final Determination of No Shipments

    In the Preliminary Results, based on our analysis of U.S. Customs 
and Border Protection (CBP) information and information provided by 
Samsung, we determined that Samsung had no shipments of the subject 
merchandise,

[[Page 55336]]

and, therefore, no reviewable transactions, during the POR.\4\ No party 
commented on our preliminary results with respect to Samsung, and no 
additional information has been placed on the record to call into 
question those preliminary results. Accordingly, for the final results 
of this review, we continue to find that Samsung made no shipments of 
the subject merchandise during the POR.
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    \4\ See Preliminary Results, 80 FR at 12347.
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Final Results of the Review

    Based on our analysis of the comments received, we made changes to 
the weighted-average dumping margin calculation for Electrolux. 
Therefore, we are assigning the following weighted-average dumping 
margins for the period August 3, 2012, through January 31, 2014:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/exporter                       dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Electrolux Home Products Corp. NV/Electrolux Home Products          6.45
 de Mexico, S.A. de C.V.....................................
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed within five days 
of the date of publication of this notice to parties in this proceeding 
in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), the Department has determined, and CBP shall assess, 
antidumping duties on all appropriate entries of subject merchandise in 
accordance with the final results of this review. The Department 
intends to issue appropriate assessment instructions directly to CBP 15 
days after publication of the final results of this administrative 
review.
    For Electrolux, the Department calculated ad valorem importer-
specific assessment rates equal to the total amount of dumping 
calculated for the importer's examined sales and the total entered 
value of those sales. Where an importer-specific assessment rate is 
zero or de minimis (i.e., less than 0.5 percent), the Department will 
instruct CBP to liquidate these entries without regard to antidumping 
duties pursuant to 19 CFR 351.106(c)(2).
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\5\ If applicable, this clarification will apply to entries 
of subject merchandise during the POR produced by Electrolux or 
Samsung, for which the company did not know that its merchandise was 
destined for the United States. In such instances, we will instruct CBP 
to liquidate these entries at the all-others rate established in the 
less-than fair-value (LTFV) investigation, 36.52 percent,\6\ if there 
is no rate for the intermediary involved in the transaction. See 
Assessment Policy Notice for a full discussion of this clarification.
---------------------------------------------------------------------------

    \5\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment Policy Notice).
    \6\ See Large Residential Washers From Mexico and the Republic 
of Korea: Antidumping Duty Orders, 78 FR 11148 (February 15, 2013) 
(AD Order).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate 
for Electrolux will be equal to the weighted-average dumping margin 
established in the final results of this administrative review; (2) for 
merchandise exported by manufacturers or exporters not covered in this 
administrative review but covered in a prior segment of the proceeding, 
the cash deposit rate will continue to be the company-specific rate 
published for the most recently-completed segment; (3) if the exporter 
is not a firm covered in this review, a prior review, or the original 
LTFV investigation, but the manufacturer is, the cash deposit rate will 
be the rate established for the most recently-completed segment of this 
proceeding for the manufacturer of the merchandise; and (4) the cash 
deposit rate for all other manufacturers or exporters will continue to 
be 36.52 percent, the all-others rate determined in the LTFV 
investigation.\7\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \7\ Id.
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Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping 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(a)(1) and 
777(i)(1) of the Act.

    Dated: September 8, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

Summary
Background
Margin Calculations
Scope of the Order
Discussion of Issues
1. Clerical Errors in Electrolux's Preliminary Dumping Margin
2. Electrolux's Affiliated Party Transactions
3. Methodological Issues in the Differential Pricing Analysis
4. Zeroing and Differential Pricing
5. Monthly Time Periods in Differential Pricing Analysis

[FR Doc. 2015-23158 Filed 9-14-15; 8:45 a.m.]
BILLING CODE 3510-DS-P