Large Residential Washers From the Republic of Korea: Amended Final Results of the Antidumping Duty Administrative Review; 2012-2014, 68508-68509 [2015-28249]
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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exporters that are entered, or withdrawn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exporters that are entered, or withdrawn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]
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
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
