Large Residential Washers From the Republic of Korea: Amended Final Results of the Antidumping Duty Administrative Review; 2012-2014, 68508-68509 [2015-28249]

Download as PDF 68508 Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices Final Critical Circumstances Determinations We will issue final determinations concerning critical circumstances when we issue our final subsidy and lessthan-fair-value determinations. All interested parties will have the opportunity to address these determinations in case briefs to be submitted after completion of the preliminary subsidies and less than fair value determinations. ITC Notification In accordance with sections 703(f) and 733(f) of the Act, we will notify the ITC of our determinations. jstallworth on DSK7TPTVN1PROD with NOTICES Suspension of Liquidation In accordance with sections 703(e)(2), because we have preliminarily found that critical circumstances exist with regard to imports exported by certain producers and exporters, if we make an affirmative preliminary determination that countervailable subsidies have been provided to these same producers/ exporters at above de minimis rates,53 we will instruct U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of subject merchandise from these producers/ exporters that are entered, or withdrawn from warehouse, for consumption on or after the date that is 90 days prior to the effective date of ‘‘provisional measures’’ (e.g., the date of publication in the Federal Register of the notice of an affirmative preliminary determination that countervailable subsidies have been provided at above de minimis rates). At such time, we will also instruct CBP to require a cash deposit equal to the estimated preliminary subsidy rates reflected in the preliminary determination published in the Federal Register. This suspension of liquidation will remain in effect until further notice. In accordance with sections 733(e)(2), because we have preliminarily found that critical circumstances exist with regard to imports exported by certain producers and exporters, if we make an affirmative preliminary determination that sales at less than fair value have been made by these same producers/ exporters at above de minimis rates,54 we will instruct CBP to suspend liquidation of all entries of subject merchandise from these producers/ exporters that are entered, or withdrawn from warehouse, for consumption on or 53 The preliminary determinations concerning the provision of countervailable subsidies are currently scheduled for November 2, 2015. 54 The preliminary determinations concerning sales at less than fair value are currently scheduled for December 21, 2015. VerDate Sep<11>2014 15:06 Nov 04, 2015 Jkt 238001 after the date that is 90 days prior to the effective date of ‘‘provisional measures’’ (e.g., the date of publication in the Federal Register of the notice of an affirmative preliminary determination of sales at less than fair value at above de minimis rates). At such time, we will also instruct CBP to require a cash deposit equal to the estimated preliminary dumping margins reflected in the preliminary determination published in the Federal Register. This suspension of liquidation will remain in effect until further notice. This notice is issued and published pursuant to section 777(i) of the Act and 19 CFR 351.206(c)(2). Dated: October 29, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–28252 Filed 11–4–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–868] Large Residential Washers From the Republic of Korea: 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 the Republic of Korea (Korea) to correct a ministerial error. The period of review (POR) is August 3, 2012, through January 31, 2014. AGENCY: DATES: Effective Date: November 5, 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 On September 8, 2015, the Department issued the final results of the administrative review of the AD PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 order on LRWs from Korea.1 On September 9, 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 respondent LG Electronics, Inc. (LGE) regarding its margin calculation.3 We did not receive rebuttal comments from the petitioner. In the Final Results, we made a ministerial error by not excluding from our margin analysis certain U.S. sales with reported dates prior to August 3, 2012, the effective date of suspension of liquidation and the beginning of the POR.4 To correct the error identified by LGE, we included additional programming language in the margin program.5 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.6 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 1 See Large Residential Washers from the Republic of Korea: Final Results of the Antidumping Duty Administrative Review; 2012– 2014, 80 FR 55595 (September 16, 2015) (Final Results), and accompanying Issues and Decision Memorandum. 2 See Memorandum to the File, ‘‘Final Results Margin Calculation for LGE,’’ (September 8, 2015). 3 See Letter from LGE, ‘‘LG Electronics’ Request for Correction of Clerical Errors—Large Residential Washers from Korea,’’ (September 15, 2015). 4 See Memorandum to Melissa Skinner, Director, AD/CVD Operations, Office II, from David Goldberger and Reza Karamloo, International Trade Compliance Analysts, AD/CVD Operations, Office II, ‘‘Ministerial Error Allegation for the Final Results,’’ dated concurrently with this notice (Ministerial Error Memorandum). 5 Id., at 2–3. 6 For a complete description of the scope of the order see the Issues and Decision Memorandum accompanying the Final Results. The HTSUS numbers are revised from the numbers previously stated in the scope. E:\FR\FM\05NON1.SGM 05NON1 Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices Secretary considers ministerial.’’ 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 a ministerial error in identifying U.S. sales to be excluded from our analysis according to the reported entry date. In accordance with section 751(h) of the Act and 19 CFR 351.224(e), we are amending the Final Results with respect to LGE.7 The revised weighted-average dumping margin for LGE is detailed below. Amended Final Results of the Review As a result of correcting this ministerial error, we determine that the following weighted-average margin exists for LGE for the period August 3, 2012, through January 31, 2014: Manufacturer/Exporter Weightedaverage dumping margin (percent) LG Electronics, Inc ............... 1.38 jstallworth 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 has determined, and U.S. Customs and Border Protection (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 15 days after publication of the amended 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 7 See Ministerial Error Memorandum. The weighted-average dumping margins for Daewoo Electronics Corporation (Daewoo) and Samsung Electronics Co., Ltd. (Samsung) in the Final Results have not changed. VerDate Sep<11>2014 15:06 Nov 04, 2015 Jkt 238001 68509 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). 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 in the Final Results. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003.8 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,9 if there is no rate for the intermediary involved in the transaction. See Assessment Policy Notice for a full discussion of this clarification. recently-completed segment of this proceeding for the manufacturer of the merchandise; and (5) 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.10 These cash deposit requirements, when imposed, shall remain in effect until further notice. 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 LGE will be equal to the weighted-average dumping margin established in the amended final results of this administrative review, as shown above; (2) the cash deposit rates for Daewoo and Samsung will continue to be equal to the weighted-average dumping margins established in the Final Results; (3) 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 companyspecific rate published for the most recently-completed segment; (4) 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 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. 8 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). 9 See Large Residential Washers From Mexico and the Republic of Korea: Antidumping Duty Orders, 78 FR 11148 (February 15, 2013) (AD Order). PO 00000 Frm 00018 Fmt 4703 Sfmt 9990 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 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. Administrative Protective Order 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. 2015–28249 Filed 11–4–15; 8:45 am] BILLING CODE 3510–DS–P 10 Id. E:\FR\FM\05NON1.SGM 05NON1

Agencies

[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Notices]
[Pages 68508-68509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28249]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-868]


Large Residential Washers From the Republic of Korea: 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 the Republic of Korea 
(Korea) to correct a ministerial error. The period of review (POR) is 
August 3, 2012, through January 31, 2014.

DATES: Effective Date: November 5, 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

    On September 8, 2015, the Department issued the final results of 
the administrative review of the AD order on LRWs from Korea.\1\ On 
September 9, 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 respondent LG 
Electronics, Inc. (LGE) regarding its margin calculation.\3\ We did not 
receive rebuttal comments from the petitioner.
---------------------------------------------------------------------------

    \1\ See Large Residential Washers from the Republic of Korea: 
Final Results of the Antidumping Duty Administrative Review; 2012-
2014, 80 FR 55595 (September 16, 2015) (Final Results), and 
accompanying Issues and Decision Memorandum.
    \2\ See Memorandum to the File, ``Final Results Margin 
Calculation for LGE,'' (September 8, 2015).
    \3\ See Letter from LGE, ``LG Electronics' Request for 
Correction of Clerical Errors--Large Residential Washers from 
Korea,'' (September 15, 2015).
---------------------------------------------------------------------------

    In the Final Results, we made a ministerial error by not excluding 
from our margin analysis certain U.S. sales with reported dates prior 
to August 3, 2012, the effective date of suspension of liquidation and 
the beginning of the POR.\4\ To correct the error identified by LGE, we 
included additional programming language in the margin program.\5\
---------------------------------------------------------------------------

    \4\ See Memorandum to Melissa Skinner, Director, AD/CVD 
Operations, Office II, from David Goldberger and Reza Karamloo, 
International Trade Compliance Analysts, AD/CVD Operations, Office 
II, ``Ministerial Error Allegation for the Final Results,'' dated 
concurrently with this notice (Ministerial Error Memorandum).
    \5\ Id., at 2-3.
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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.\6\
---------------------------------------------------------------------------

    \6\ For a complete description of the scope of the order see the 
Issues and Decision Memorandum accompanying the Final Results. The 
HTSUS numbers are revised from the numbers previously stated in the 
scope.
---------------------------------------------------------------------------

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

[[Page 68509]]

Secretary considers ministerial.'' 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 a ministerial error in identifying 
U.S. sales to be excluded from our analysis according to the reported 
entry date.
    In accordance with section 751(h) of the Act and 19 CFR 351.224(e), 
we are amending the Final Results with respect to LGE.\7\ The revised 
weighted-average dumping margin for LGE is detailed below.
---------------------------------------------------------------------------

    \7\ See Ministerial Error Memorandum. The weighted-average 
dumping margins for Daewoo Electronics Corporation (Daewoo) and 
Samsung Electronics Co., Ltd. (Samsung) in the Final Results have 
not changed.
---------------------------------------------------------------------------

Amended Final Results of the Review

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

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Manufacturer/Exporter                       dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
LG Electronics, Inc.....................................            1.38
------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), the Department has determined, and U.S. Customs and 
Border Protection (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 15 days after 
publication of the amended 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 in the Final Results.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\8\ 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,\9\ if there is no rate for the 
intermediary involved in the transaction. See Assessment Policy Notice 
for a full discussion of this clarification.
---------------------------------------------------------------------------

    \8\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment Policy Notice).
    \9\ 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 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 LGE will be equal to the weighted-average dumping 
margin established in the amended final results of this administrative 
review, as shown above; (2) the cash deposit rates for Daewoo and 
Samsung will continue to be equal to the weighted-average dumping 
margins established in the Final Results; (3) 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; (4) 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 (5) 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.\10\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \10\ Id.
---------------------------------------------------------------------------

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 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.

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. 2015-28249 Filed 11-4-15; 8:45 am]
BILLING CODE 3510-DS-P