Large Residential Washers From Mexico: Amended Final Results of the Antidumping Duty Administrative Review; 2012-2014, 68510-68511 [2015-28248]

Download as PDF 68510 Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–201–842] Large Residential Washers From Mexico: Amended Final Results of the Antidumping Duty Administrative Review; 2012–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is amending the final results of the administrative review of the antidumping duty (AD) order on large residential washers (LRWs) from Mexico to correct ministerial errors. The period of review (POR) is August 3, 2012, through January 31, 2014. DATES: Effective date: November 5, 2015. AGENCY: 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 jstallworth on DSK7TPTVN1PROD with NOTICES On September 8, 2015, the Department issued the final results of the administrative review of the AD order on LRWs from Mexico.1 On September 10, 2015, the Department disclosed to interested parties its calculations for the Final Results.2 On September 15, 2015, we received a timely ministerial error allegation from the respondent Electrolux Home Products Corp. N.V. and Electrolux Home Products de Mexico, S.A. de C.V. (collectively, Electrolux) regarding its margin calculation.3 On September 21, 2015, the petitioner filed comments agreeing with this allegation.4 Based on our analysis of the allegation, we determined that we made two ministerial errors with respect to currency conversions related to certain 1 See Large Residential Washers From Mexico: Final Results of the Antidumping Duty Administrative Review; 2012–2014, 80 FR 55335 (September 15, 2015) (Final Results), and accompanying Issues and Decision Memorandum (Final Results I&D Memorandum). 2 See ‘‘Final Results Calculation Memorandum for Electrolux,’’ dated September 8, 2015. 3 See ‘‘Large Residential Washers from Mexico: Ministerial Error Comments,’’ dated September 15, 2015. 4 See ‘‘Large Residential Washers from Mexico: Petitioner’s Reply To Electrolux’s Ministerial Error Submission,’’ dated September 22, 2015. VerDate Sep<11>2014 15:06 Nov 04, 2015 Jkt 238001 movement expenses incurred on third country sales.5 As explained in the Ministerial Error Decision Memorandum, correction of these errors changes the results of our differential pricing analysis such that we determined it appropriate to apply the mixed alternative method in making U.S. price and normal value comparisons in calculating the amended weighted-average dumping margin for Electrolux. In the Final Results, we did not address certain comments regarding differential pricing and zeroing raised in the case brief submitted by Electrolux, noting that those issues were moot because the Department continued to apply (since the preliminary results) the standard A-to-A method to calculate Electrolux’s weighted-average dumping margin.6 However, the correction of the ministerial errors changed the results of our differential pricing analysis such that we are no longer applying the A-toA method in calculating Electrolux’s final amended dumping margin. As a result, the differential pricing and zeroing issues raised by Electrolux are no longer moot and we addressed them in a separate memorandum accompanying this notice. See the Issues and Decision Memorandum 7 which 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 https:// 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 https:// enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. 5 See Memorandum from Brian Smith, Team Leader, to Melissa Skinner, Director, Office II, ‘‘2012–2014 Administrative Review of the Antidumping Duty Order on Large Residential Washers from Mexico: Ministerial Error Allegation for the Amended Final Results,’’ dated concurrently with this notice (Ministerial Error Decision Memorandum). 6 See Final Results I&D Memorandum at Comments 3–5. 7 See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, from Brian Smith and Reza Karamloo, ‘‘Issues and Decision Memorandum for the Amended 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). PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 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.8 Ministerial Error Section 751(h) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.224(f) define a ‘‘ministerial error’’ as an error ‘‘in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any similar type of unintentional error which the Secretary considers ministerial.’’ As discussed above, we analyzed the ministerial error allegation and determined, in accordance with section 751(h) of the Act and 19 CFR 351.224(e), that we made ministerial errors in our calculation of Electrolux’s margin in the Final Results due to an inadvertent currency assignment affecting certain movement expenses associated with third country sales. In accordance with section 751(h) of the Act and 19 CFR 351.224(e), we are amending the Final Results with respect to Electrolux.9 The revised weightedaverage dumping margin for Electrolux is detailed below. Amended Final Results of the Review As a result of correcting this ministerial error, we determine that the following weighted-average dumping margin exists for the period August 3, 2012, through January 31, 2014: Manufacturer/Exporter Electrolux Home Products Corp. NV/Electrolux Home Products de Mexico, S.A. de C.V ............................... Weightedaverage dumping margin (percent) 6.22 Assessment Rates Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b)(1), the 8 For a complete description of the scope of the order, see the Final Results I&D Memorandum. 9 See Ministerial Error Decision Memorandum. E:\FR\FM\05NON1.SGM 05NON1 Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices jstallworth on DSK7TPTVN1PROD with NOTICES Department has determined, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the amended final results of this review. The Department intends to issue appropriate assessment instructions directly to CBP 41 days after publication of the amended 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). For entries of subject merchandise during the POR produced by Electrolux which it did not know were destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company or companies involved in the transaction.10 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of amended 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 amended 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 less-than-fair-value (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 10 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). VerDate Sep<11>2014 15:06 Nov 04, 2015 Jkt 238001 in the LTFV investigation.11 These cash deposit requirements, when imposed, shall remain in effect until further notice. 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)(2) 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. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (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/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. 68511 DEPARTMENT OF COMMERCE International Trade Administration [A–570–007] Barium Chloride From the People’s Republic of China: Continuation of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. ACTION: Notice. AGENCY: As a result of the determinations by the Department of Commerce (the ‘‘Department’’) and the International Trade Commission (the ‘‘ITC’’) that revocation of the antidumping duty (‘‘AD’’) order on barium chloride from the People’s Republic of China (‘‘PRC’’) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the antidumping duty order. SUMMARY: DATES: Effective Date: November 5, 2015. FOR FURTHER INFORMATION CONTACT: Irene Gorelik, 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) 482–6905. SUPPLEMENTARY INFORMATION: Disclosure Background We will disclose the calculations used in our analysis to parties to this proceeding within five days of the date of publication of this notice pursuant to 19 CFR 351.224(b). These amended final results of administrative review are issued and published in accordance with sections 751(h) and 777(i)(1) of the Act and 19 CFR 351.224(e). BILLING CODE 3510–DS–P On August 27, 1984, the Department published the final determination in the antidumping duty investigation of barium chloride from the PRC.1 On October 17, 1984, the Department issued an antidumping duty order on imports of barium chloride from the PRC.2 On May 1, 2015, the Department initiated the fourth five-year (‘‘sunset’’) review of the AD order on barium chloride from the PRC pursuant to section 751(c) of the Tariff Act of 1930, as amended (the ‘‘Act’’).3 As a result of its review, the Department determined that revocation of the antidumping duty order on barium chloride from the PRC would likely lead to a continuation or recurrence of dumping and, therefore, 11 See Large Residential Washers From Mexico and the Republic of Korea: Antidumping Duty Orders, 78 FR 11148 (February 15, 2013) (AD Order). 1 See Final Determination of Sales at Less Than Fair Value; Barium Chloride From the People’s Republic of China, 49 FR 33916 (August 27, 1984) (‘‘Final Determination’’). 2 See Antidumping Duty Order; Barium Chloride From the People’s Republic of China, 49 FR 40635 (October 17, 1984) (‘‘Order’’). 3 See Initiation of Five-Year (‘‘Sunset’’) Review, 80 FR 24900 (May 1, 2015). Dated: October 30, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–28248 Filed 11–4–15; 8:45 a.m.] PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\05NON1.SGM 05NON1

Agencies

[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Notices]
[Pages 68510-68511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28248]



[[Page 68510]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-842]


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

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

SUMMARY: The Department of Commerce (the Department) is amending the 
final results of the administrative review of the antidumping duty (AD) 
order on large residential washers (LRWs) from Mexico to correct 
ministerial errors. The period of review (POR) is August 3, 2012, 
through January 31, 2014.

DATES: Effective date: November 5, 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

    On September 8, 2015, the Department issued the final results of 
the administrative review of the AD order on LRWs from Mexico.\1\ On 
September 10, 2015, the Department disclosed to interested parties its 
calculations for the Final Results.\2\ On September 15, 2015, we 
received a timely ministerial error allegation from the respondent 
Electrolux Home Products Corp. N.V. and Electrolux Home Products de 
Mexico, S.A. de C.V. (collectively, Electrolux) regarding its margin 
calculation.\3\ On September 21, 2015, the petitioner filed comments 
agreeing with this allegation.\4\
---------------------------------------------------------------------------

    \1\ See Large Residential Washers From Mexico: Final Results of 
the Antidumping Duty Administrative Review; 2012-2014, 80 FR 55335 
(September 15, 2015) (Final Results), and accompanying Issues and 
Decision Memorandum (Final Results I&D Memorandum).
    \2\ See ``Final Results Calculation Memorandum for Electrolux,'' 
dated September 8, 2015.
    \3\ See ``Large Residential Washers from Mexico: Ministerial 
Error Comments,'' dated September 15, 2015.
    \4\ See ``Large Residential Washers from Mexico: Petitioner's 
Reply To Electrolux's Ministerial Error Submission,'' dated 
September 22, 2015.
---------------------------------------------------------------------------

    Based on our analysis of the allegation, we determined that we made 
two ministerial errors with respect to currency conversions related to 
certain movement expenses incurred on third country sales.\5\ As 
explained in the Ministerial Error Decision Memorandum, correction of 
these errors changes the results of our differential pricing analysis 
such that we determined it appropriate to apply the mixed alternative 
method in making U.S. price and normal value comparisons in calculating 
the amended weighted-average dumping margin for Electrolux.
---------------------------------------------------------------------------

    \5\ See Memorandum from Brian Smith, Team Leader, to Melissa 
Skinner, Director, Office II, ``2012-2014 Administrative Review of 
the Antidumping Duty Order on Large Residential Washers from Mexico: 
Ministerial Error Allegation for the Amended Final Results,'' dated 
concurrently with this notice (Ministerial Error Decision 
Memorandum).
---------------------------------------------------------------------------

    In the Final Results, we did not address certain comments regarding 
differential pricing and zeroing raised in the case brief submitted by 
Electrolux, noting that those issues were moot because the Department 
continued to apply (since the preliminary results) the standard A-to-A 
method to calculate Electrolux's weighted-average dumping margin.\6\ 
However, the correction of the ministerial errors changed the results 
of our differential pricing analysis such that we are no longer 
applying the A-to-A method in calculating Electrolux's final amended 
dumping margin. As a result, the differential pricing and zeroing 
issues raised by Electrolux are no longer moot and we addressed them in 
a separate memorandum accompanying this notice. See the Issues and 
Decision Memorandum \7\ which 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 https://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 https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the 
electronic version of the Issues and Decision Memorandum are identical 
in content.
---------------------------------------------------------------------------

    \6\ See Final Results I&D Memorandum at Comments 3-5.
    \7\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, from 
Brian Smith and Reza Karamloo, ``Issues and Decision Memorandum for 
the Amended 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).
---------------------------------------------------------------------------

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.\8\
---------------------------------------------------------------------------

    \8\ For a complete description of the scope of the order, see 
the Final Results I&D Memorandum.
---------------------------------------------------------------------------

Ministerial Error

    Section 751(h) of the Tariff Act of 1930, as amended (the Act), and 
19 CFR 351.224(f) define a ``ministerial error'' as an error ``in 
addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
similar type of unintentional error which the Secretary considers 
ministerial.'' As discussed above, we analyzed the ministerial error 
allegation and determined, in accordance with section 751(h) of the Act 
and 19 CFR 351.224(e), that we made ministerial errors in our 
calculation of Electrolux's margin in the Final Results due to an 
inadvertent currency assignment affecting certain movement expenses 
associated with third country sales.
    In accordance with section 751(h) of the Act and 19 CFR 351.224(e), 
we are amending the Final Results with respect to Electrolux.\9\ The 
revised weighted-average dumping margin for Electrolux is detailed 
below.
---------------------------------------------------------------------------

    \9\ See Ministerial Error Decision Memorandum.
---------------------------------------------------------------------------

Amended Final Results of the Review

    As a result of correcting this ministerial error, we determine that 
the following weighted-average dumping margin exists for the period 
August 3, 2012, through January 31, 2014:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                 Manufacturer/Exporter                        margin
                                                            (percent)
------------------------------------------------------------------------
Electrolux Home Products Corp. NV/Electrolux Home                  6.22
 Products de Mexico, S.A. de C.V.......................
------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), the

[[Page 68511]]

Department has determined, and CBP shall assess, antidumping duties on 
all appropriate entries of subject merchandise in accordance with the 
amended final results of this review. The Department intends to issue 
appropriate assessment instructions directly to CBP 41 days after 
publication of the amended 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).
    For entries of subject merchandise during the POR produced by 
Electrolux which it did not know were destined for the United States, 
we will instruct CBP to liquidate unreviewed entries at the all-others 
rate if there is no rate for the intermediate company or companies 
involved in the transaction.\10\
---------------------------------------------------------------------------

    \10\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of amended 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 amended 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 less-than-fair-value (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.\11\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \11\ See Large Residential Washers From Mexico and the Republic 
of Korea: Antidumping Duty Orders, 78 FR 11148 (February 15, 2013) 
(AD Order).
---------------------------------------------------------------------------

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)(2) 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.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (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/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.

Disclosure

    We will disclose the calculations used in our analysis to parties 
to this proceeding within five days of the date of publication of this 
notice pursuant to 19 CFR 351.224(b).
    These amended final results of administrative review are issued and 
published in accordance with sections 751(h) and 777(i)(1) of the Act 
and 19 CFR 351.224(e).

    Dated: October 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-28248 Filed 11-4-15; 8:45 a.m.]
 BILLING CODE 3510-DS-P

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