Large Residential Washers From the Republic of Korea: Final Results of the Antidumping Duty Administrative Review; 2012-2014, 55595-55596 [2015-23156]

Download as PDF Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices amended Certificate. Comments should refer to this application as ‘‘Export Trade Certificate of Review, application number 99–10A005.’’ Summary of the Application Applicant: California Almond Export Association, LLC (‘‘CAEA’’), 4800 Sisk Road, Modesto, CA 95356. Contact: Bill Morecraft, Chairman, Telephone: (916) 446–8537. Application No.: 99–10A005. Date Deemed Submitted: August 31, 2015. Proposed Amendment: CAEA seeks to amend its Certificate to add the following company as a Member of CAEA’s Certificate: California Gold Almonds, Modesto, CA. CAEA’s proposed amendment of its Export Trade Certificate of Review would result in the following companies as Members under the Certificate: Almonds California Pride, Inc., Caruthers, CA Baldwin-Minkler Farms, Orland, CA Blue Diamond Growers, Sacramento, CA California Gold Almonds, Modesto, CA Campos Brothers, Caruthers, CA Chico Nut Company, Chico, CA Del Rio Nut Company, Inc., Livingston, CA Fair Trade Corner, Inc., Chico, CA Fisher Nut Company, Modesto, CA Hilltop Ranch, Inc., Ballico, CA Hughson Nut, Inc., Hughson, CA Mariani Nut Company, Winters, CA Nutco, LLC d.b.a. Spycher Brothers, Turlock, CA Paramount Farms, Inc., Los Angeles, CA P–R Farms, Inc., Clovis, CA Roche Brothers International Family Nut Co., Escalon, CA RPAC Almonds, LLC, Los Banos, CA South Valley Almond Company, LLC, Wasco, CA Sunny Gem, LLC, Wasco, CA Western Nut Company, Chico, CA Dated: September 10, 2015. Joseph Flynn, Director, Office of Trade and Economic Analysis, International Trade Administration. [FR Doc. 2015–23223 Filed 9–15–15; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE asabaliauskas on DSK7TPTVN1PROD with NOTICES International Trade Administration [A–580–868] Large Residential Washers From the Republic of Korea: Final Results of the Antidumping Duty Administrative Review; 2012–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 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 the Republic of Korea (Korea).1 The review covers three producers/exporters of the subject merchandise: Daewoo Electronics Corporation (Daewoo), LG Electronics, Inc. (LGE), 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 calculations, where appropriate, we continue to find that sales of subject merchandise to the United States have been made at prices below normal value. The final dumping margins for the reviewed companies are listed below in the section entitled ‘‘Final Results of the Review.’’ DATES: Effective date: September 16, 2015. FOR FURTHER INFORMATION CONTACT: David Goldberger or Reza Karamloo, 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) 482–4136 or (202) 482–4470, respectively. SUPPLEMENTARY INFORMATION: SUMMARY: 55595 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 Korea. 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. 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 Final Results of the Review Based on our analysis of the comments received, we made changes to the weighted-average dumping margin calculation for LGE. No party submitted comments on the Department’s preliminary decision to assign Daewoo and Samsung a margin based on adverse facts available (AFA) for their failure to respond to our request for information.4 As the facts with respect to these two respondents remain the same, we made no changes to the rate assigned to them as AFA in these final results.5 Therefore, we are assigning the following weighted-average dumping 1 See Large Residential Washers From the Republic of Korea: Preliminary Results of the Antidumping Duty Administrative Review; 2012– 2014, 80 FR 12456 (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 Operations, ‘‘Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review of Large Residential Washers from the Republic of Korea,’’ 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 (MTF) entitled ‘‘Changes to the HTS Numbers to the ACE Case Reference Files for the Antidumping Duty Orders,’’ dated January 6, 2015. 4 See Preliminary Results, 80 FR 12457. 5 This rate equals the AFA rate of 82.41 percent adjusted for export subsidies totaling 3.30 percent assigned to Daewoo in the final determination of the CVD investigation of LRWs from Korea. See MTF, entitled ‘‘Source Documentation Relevant to Export Subsidy Adjustments,’’ dated concurrently with this notice, at Attachment I. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 55596 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices margins for the period August 3, 2012, through January 31, 2014: 6 Manufacturer/exporter Weightedaverage dumping margin (percent) Daewoo Electronics Corporation .................................... LG Electronics, Inc ............... Samsung Electronics Co., Ltd ..................................... 79.11 1.52 82.35 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). asabaliauskas on DSK7TPTVN1PROD with NOTICES Assessment Rates Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b)(1), the Department determined, and U.S. Customs and Border Protection (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 those sales where LGE reported the entered value of its U.S. sales, we calculated importer-specific ad valorem duty assessment rates based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the examined sales to that importer. For those sales where LGE did not report the entered value of its U.S. sales, we calculated importer-specific customerspecific per-unit duty assessment rates by aggregating the total amount of antidumping duties calculated for the examined sales and dividing this amount by the total quantity of those sales. To determine whether the duty assessment rate is de minimis, in accordance with the requirement set forth in 19 CFR 351.106(c)(2), we calculated an importer-specific ad valorem ratio based on the estimated entered value. Where an importerspecific 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). 6 This rate equals the AFA rate of 82.41 percent adjusted for an export subsidy in the amount of 0.06 percent assigned to Samsung in the final determination of the CVD investigation of LRWs from Korea. Id., at Attachment II. VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 For Daewoo’s and Samsung’s U.S. sales, we based the assessment rate assigned to the corresponding entries on the weighted-average dumping margins listed above. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003.7 If applicable, this clarification will apply to entries of subject merchandise during the POR produced by LGE, 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, 11.80 percent,8 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 rates for Daewoo, LGE, and Samsung will be equal to the weighted-average dumping margins established in the final results of this administrative review, as shown above; (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 11.80 percent, the all-others rate determined in the LTFV investigation.9 These cash deposit requirements, when imposed, shall remain in effect until further notice. 7 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). 8 See Large Residential Washers From Mexico and the Republic of Korea: Antidumping Duty Orders, 78 FR 11148 (February 15, 2013) (AD Order). 9 Id. PO 00000 Frm 00009 Fmt 4703 Sfmt 9990 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 and/or countervailing 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 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(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 THE ISSUES 1. Exclusion of Sales of Merchandise Entered Prior to Date of Suspension 2. Whether Defective Merchandise is Outside of the Scope 3. Exclusion of Re-sales of Defective Merchandise 4. Exclusion of Potentially Double-Counted U.S. Sales 5. Methodological Issues in the Differential Pricing Analysis 6. Zeroing 7. Monthly Time Periods in Differential Pricing Analysis 8. Conducting the Sales-Below-Cost-Test Based on Level of Trade RECOMMENDATION [FR Doc. 2015–23156 Filed 9–15–15; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\16SEN1.SGM 16SEN1

Agencies

[Federal Register Volume 80, Number 179 (Wednesday, September 16, 2015)]
[Notices]
[Pages 55595-55596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23156]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-868]


Large Residential Washers From the Republic of Korea: 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 
the Republic of Korea (Korea).\1\ The review covers three producers/
exporters of the subject merchandise: Daewoo Electronics Corporation 
(Daewoo), LG Electronics, Inc. (LGE), 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 calculations, where appropriate, we 
continue to find that sales of subject merchandise to the United States 
have been made at prices below normal value. The final dumping margins 
for the reviewed companies are listed below in the section entitled 
``Final Results of the Review.''
---------------------------------------------------------------------------

    \1\ See Large Residential Washers From the Republic of Korea: 
Preliminary Results of the Antidumping Duty Administrative Review; 
2012-2014, 80 FR 12456 (March 9, 2015) (Preliminary Results).

---------------------------------------------------------------------------
DATES: Effective date: September 16, 2015.

FOR FURTHER INFORMATION CONTACT: David Goldberger or Reza Karamloo, 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-
4136 or (202) 482-4470, 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 the Republic of Korea,'' 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 Korea. 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 (MTF) entitled ``Changes to the HTS Numbers to the ACE Case 
Reference Files for the Antidumping Duty Orders,'' dated January 6, 
2015.
---------------------------------------------------------------------------

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 Results of the Review

    Based on our analysis of the comments received, we made changes to 
the weighted-average dumping margin calculation for LGE. No party 
submitted comments on the Department's preliminary decision to assign 
Daewoo and Samsung a margin based on adverse facts available (AFA) for 
their failure to respond to our request for information.\4\ As the 
facts with respect to these two respondents remain the same, we made no 
changes to the rate assigned to them as AFA in these final results.\5\ 
Therefore, we are assigning the following weighted-average dumping

[[Page 55596]]

margins for the period August 3, 2012, through January 31, 2014: \6\
---------------------------------------------------------------------------

    \4\ See Preliminary Results, 80 FR 12457.
    \5\ This rate equals the AFA rate of 82.41 percent adjusted for 
export subsidies totaling 3.30 percent assigned to Daewoo in the 
final determination of the CVD investigation of LRWs from Korea. See 
MTF, entitled ``Source Documentation Relevant to Export Subsidy 
Adjustments,'' dated concurrently with this notice, at Attachment I.
    \6\ This rate equals the AFA rate of 82.41 percent adjusted for 
an export subsidy in the amount of 0.06 percent assigned to Samsung 
in the final determination of the CVD investigation of LRWs from 
Korea. Id., at Attachment II.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Manufacturer/exporter                   dumping margin
                                                             (percent)
------------------------------------------------------------------------
Daewoo Electronics Corporation..........................           79.11
LG Electronics, Inc.....................................            1.52
Samsung Electronics Co., Ltd............................           82.35
------------------------------------------------------------------------

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 determined, and U.S. Customs and Border 
Protection (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 those sales where LGE reported the entered value of its U.S. 
sales, we calculated importer-specific ad valorem duty assessment rates 
based on the ratio of the total amount of antidumping duties calculated 
for the examined sales to the total entered value of the examined sales 
to that importer. For those sales where LGE did not report the entered 
value of its U.S. sales, we calculated importer-specific customer-
specific per-unit duty assessment rates by aggregating the total amount 
of antidumping duties calculated for the examined sales and dividing 
this amount by the total quantity of those sales. To determine whether 
the duty assessment rate is de minimis, in accordance with the 
requirement set forth in 19 CFR 351.106(c)(2), we calculated an 
importer-specific ad valorem ratio based on the estimated entered 
value. 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).
    For Daewoo's and Samsung's U.S. sales, we based the assessment rate 
assigned to the corresponding entries on the weighted-average dumping 
margins listed above.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\7\ If applicable, this clarification will apply to entries 
of subject merchandise during the POR produced by LGE, 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, 11.80 percent,\8\ if there is no rate for the 
intermediary involved in the transaction. See Assessment Policy Notice 
for a full discussion of this clarification.
---------------------------------------------------------------------------

    \7\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment Policy Notice).
    \8\ 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 rates 
for Daewoo, LGE, and Samsung will be equal to the weighted-average 
dumping margins established in the final results of this administrative 
review, as shown above; (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 11.80 percent, the all-
others rate determined in the LTFV investigation.\9\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \9\ Id.
---------------------------------------------------------------------------

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 and/or countervailing 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 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(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 THE ISSUES
    1. Exclusion of Sales of Merchandise Entered Prior to Date of 
Suspension
    2. Whether Defective Merchandise is Outside of the Scope
    3. Exclusion of Re-sales of Defective Merchandise
    4. Exclusion of Potentially Double-Counted U.S. Sales
    5. Methodological Issues in the Differential Pricing Analysis
    6. Zeroing
    7. Monthly Time Periods in Differential Pricing Analysis
    8. Conducting the Sales-Below-Cost-Test Based on Level of Trade
RECOMMENDATION

[FR Doc. 2015-23156 Filed 9-15-15; 8:45 am]
 BILLING CODE 3510-DS-P