Large Residential Washers From the Republic of Korea: Final Results of Expedited First Sunset Review of the Countervailing Duty Order, 19222-19223 [2018-09310]

Download as PDF daltland on DSKBBV9HB2PROD with NOTICES 19222 Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices United States Section of the NAFTA Secretariat on April 18, 2018, pursuant to NAFTA Article 1904. Panel Review was requested of the Department of Commerce’s final antidumping duty determination regarding Large Residential Washers from Mexico. The final determination was published in the Federal Register on March 19, 2018 (83 FR 11,963). The NAFTA Secretariat has assigned case number USA–MEX– 2018–1904–04 to this request. FOR FURTHER INFORMATION CONTACT: Paul E. Morris, United States Secretary, NAFTA Secretariat, Room 2061, 1401 Constitution Avenue NW, Washington, DC 20230, (202) 482–5438. SUPPLEMENTARY INFORMATION: Chapter 19 of Article 1904 of NAFTA provides a dispute settlement mechanism involving trade remedy determinations issued by the Government of the United States, the Government of Canada, and the Government of Mexico. Following a Request for Panel Review, a Binational Panel is composed to review the trade remedy determination being challenged and issue a binding Panel Decision. There are established NAFTA Rules of Procedure for Article 1904 Binational Panel Reviews, which were adopted by the three governments for panels requested pursuant to Article 1904(2) of NAFTA which requires Requests for Panel Review to be published in accordance with Rule 35. For the complete Rules, please see https:// www.nafta-sec-alena.org/Home/Textsof-the-Agreement/Rules-of-Procedure/ Article-1904. The Rules provide that: (a) A Party or interested person may challenge the final determination in whole or in part by filing a Complaint in accordance with Rule 39 within 30 days after the filing of the first Request for Panel Review (the deadline for filing a Complaint is May 18, 2018); (b) A Party, investigating authority or interested person that does not file a Complaint but that intends to appear in support of any reviewable portion of the final determination may participate in the panel review by filing a Notice of Appearance in accordance with Rule 40 within 45 days after the filing of the first Request for Panel Review (the deadline for filing a Notice of Appearance is June 4, 2018); and (c) The panel review shall be limited to the allegations of error of fact or law, including challenges to the jurisdiction of the investigating authority, that are set out in the Complaints filed in the panel review and to the procedural and substantive defenses raised in the panel review. VerDate Sep<11>2014 22:14 May 01, 2018 Jkt 244001 Dated: April 26, 2018. Paul E. Morris, U.S. Secretary, NAFTA Secretariat. [FR Doc. 2018–09266 Filed 5–1–18; 8:45 am] BILLING CODE 3510–GT–P DEPARTMENT OF COMMERCE International Trade Administration [C–580–869] Large Residential Washers From the Republic of Korea: Final Results of Expedited First Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on large residential washers (washing machines) from the Republic of Korea (Korea) would be likely to lead to continuation or recurrence of countervailable subsidies at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable May 2, 2018. FOR FURTHER INFORMATION CONTACT: Kaitlin Wojnar at (202) 482–3857, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Background Commerce published the CVD order on washing machines from Korea on February 15, 2013.1 On January 2, 2018, Commerce initiated this review, the first five-year (sunset) review of the Order, in accordance with section 751(c)(2) of the Tariff Act of 1930, as amended (the Act).2 Whirlpool Corporation, a domestic producer of washing machines and the petitioner in the underlying CVD investigation, subsequently filed a timely notice of intent to participate.3 Commerce received an adequate and timely substantive response from the 1 See Large Residential Washers from the Republic of Korea: Countervailing Duty Order, 78 FR 11154 (February 15, 2013) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 83 FR 100 (January 2, 2018). 3 See Letter from the petitioner, ‘‘Five-Year (‘Sunset’) Review of Antidumping and Countervailing Duty Orders on Large Residential Washers from Mexico and the Republic of Korea: Notice of Intent to Participate,’’ January 17, 2018. As a domestic producer of washing machines, the petitioner is an interested party to this proceeding pursuant to section 771(9)(C) of the Act. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 petitioner on February 5, 2018.4 Neither the Government of Korea (GOK) nor any other respondent interested party to this proceeding submitted a substantive response. Therefore, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B)(2) and (C)(2), Commerce conducted an expedited sunset review of the Order. As a result of the tolling of deadlines for the closure of the Federal Government from January 20 through January 22, 2018, the deadline for this expedited sunset review was extended to May 7, 2018.5 Scope of the Order The product covered by the Order is washing machines from Korea. For a complete description of the scope of the Order, see the Appendix to this notice. Analysis of Comments Received All issues raised in this review are addressed in the accompanying Issues and Decision Memorandum.6 These issues include the likelihood of continuation or recurrence of countervailable subsidies, the net countervailable subsidy rate likely to prevail upon revocation of the Order, and the nature of the subsidies. The Issues and Decision Memorandum is a public document and is available electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and to all parties in the Central Records Unit in Room B8024 of the main Commerce building. In addition, a complete electronic version of the Issues and Decision Memorandum can be accessed at https://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Final Results of Sunset Review Pursuant to sections 752(b)(1) and (3) of the Act, we determine that revocation of the Order would be likely to lead to continuation or recurrence of net 4 See Letter from the petitioner, ‘‘Five-Year (‘Sunset’) Review of the Countervailing Duty Order on Large Residential Washers from Korea: Substantive Response of Whirlpool Corporation to the Notice of Initiation of First Sunset Review,’’ February 5, 2018. The petitioner’s response was filed in accordance with 19 CFR 351.218(d). 5 See Commerce Memorandum, ‘‘Deadlines Affected by the Shutdown of the Federal Government,’’ January 23, 2018. 6 See Commerce Memorandum, ‘‘Countervailing Duty Order on Large Residential Washers from the Republic of Korea: Issues and Decision Memorandum for the Final Results of the Expedited First Sunset Review,’’ dated concurrently with, and hereby adopted by, this Federal Register notice (Issues and Decision Memorandum). E:\FR\FM\02MYN1.SGM 02MYN1 Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices countervailable subsidies at the rates listed below: Exporter/producer Daewoo Electronics Corporation ............................. Samsung Electronics Co., Ltd. .................................... All-Others .............................. Net countervailable subsidy rate (percent) 80.25 20.75 15.28 Notification Regarding Administrative Protective Order This notice also serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation subject to sanction. Commerce is issuing and publishing these final results in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: April 26, 2018. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. Appendix daltland on DSKBBV9HB2PROD with NOTICES Scope of the Order The products covered by this order are all large residential washers and certain subassemblies thereof from Korea. For purposes of this order, the term ‘‘large residential washers’’ denotes all automatic clothes washing machines, regardless of the orientation of the rotational axis, except as noted below, with a cabinet width (measured from its widest point) of at least 24.5 inches (62.23 cm) and no more than 32.0 inches (81.28 cm). Also covered are certain subassemblies used in large residential washers, namely: (1) All assembled cabinets designed for use in large residential washers which incorporate, at a minimum: (a) At least three of the six cabinet surfaces; and (b) a bracket; (2) all assembled tubs 1 designed for use in large residential washers which incorporate, at a minimum: (a) A tub; and (b) a seal; (3) all assembled baskets 2 designed for use in large residential washers which incorporate, at a minimum: (a) A side wrapper; 3 (b) a base; 1A ‘‘tub’’ is the part of the washer designed to hold water. 2 A ‘‘basket’’ (sometimes referred to as a ‘‘drum’’) is the part of the washer designed to hold clothing or other fabrics. 3 A ‘‘side wrapper’’ is the cylindrical part of the basket that actually holds the clothing or other fabrics. VerDate Sep<11>2014 22:14 May 01, 2018 Jkt 244001 and (c) a drive hub; 4 and (4) any combination of the foregoing subassemblies. Excluded from the scope are stacked washer-dryers and commercial washers. The term ‘‘stacked washer-dryers’’ denotes distinct washing and drying machines that are built on a unitary frame and share a common console that controls both the washer and the dryer. The term ‘‘commercial washer’’ denotes an automatic clothes washing machine designed for the ‘‘pay per use’’ market meeting either of the following two definitions: (1) (a) It contains payment system electronics; 5 (b) it is configured with an externally mounted steel frame at least six inches high that is designed to house a coin/ token operated payment system (whether or not the actual coin/token operated payment system is installed at the time of importation); (c) it contains a push button user interface with a maximum of six manually selectable wash cycle settings, with no ability of the end user to otherwise modify water temperature, water level, or spin speed for a selected wash cycle setting; and (d) the console containing the user interface is made of steel and is assembled with security fasteners; 6 or (2) (a) it contains payment system electronics; (b) the payment system electronics are enabled (whether or not the payment acceptance device has been installed at the time of importation) such that, in normal operation,7 the unit cannot begin a wash cycle without first receiving a signal from a bona fide payment acceptance device such as an electronic credit card reader; (c) it contains a push button user interface with a maximum of six manually selectable wash cycle settings, with no ability of the end user to otherwise modify water temperature, water level, or spin speed for a selected wash cycle setting; and (d) the console containing the user interface is made of steel and is assembled with security fasteners. Also excluded from the scope are automatic clothes washing machines with a vertical rotational axis and a rated capacity of less than 3.70 cubic feet, as certified to the U.S. Department of Energy pursuant to 10 CFR 429.12 and 10 CFR 429.20, and in accordance with the test procedures established in 10 CFR part 430. The products subject to this order are currently classifiable under subheading 8450.20.0090 of the Harmonized Tariff System of the United States (HTSUS). Products subject to this order may also enter 4 A ‘‘drive hub’’ is the hub at the center of the base that bears the load from the motor. 5 ‘‘Payment system electronics’’ denotes a circuit board designed to receive signals from a payment acceptance device and to display payment amount, selected settings, and cycle status. Such electronics also capture cycles and payment history and provide for transmission to a reader. 6 A ‘‘security fastener’’ is a screw with a nonstandard head that requires a non-standard driver. Examples include those with a pin in the center of the head as a ‘‘center pin reject’’ feature to prevent standard Allen wrenches or Torx drivers from working. 7 ‘‘Normal operation’’ refers to the operating mode(s) available to end users (i.e., not a mode designed for testing or repair by a technician). PO 00000 Frm 00013 Fmt 4703 Sfmt 9990 19223 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. [FR Doc. 2018–09310 Filed 5–1–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–830] Carbon and Certain Alloy Steel Wire Rod From Mexico: Notice of Correction to Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015– 2016 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: FOR FURTHER INFORMATION CONTACT: Keith Haynes, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5139. On April 17, 2018, the Department of Commerce (Commerce) published the final results of the 2015–2016 antidumping duty administrative review of carbon and certain alloy steel wire rod from Mexico.1 In that notice, Commerce inadvertently listed an incorrect weighted-average dumping margin of 12.57 percent for Deacero S.A.P.I. de C.V. (Deacero), a producer and exporter of wire rod.2 The correct weightedaverage dumping margin for Deacero is 12.56 percent. This correction to the Final Results is issued and published in accordance with sections 751(a)(1) and 777(i)(l) of the Tariff Act of 1930, as amended. SUPPLEMENTARY INFORMATION: Dated: April 26, 2018. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2018–09309 Filed 5–1–18; 8:45 am] BILLING CODE 3510–DS–P 1 See Carbon and Certain Alloy Steel Wire Rod From Mexico: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015–2016, 83 FR 16832 (April 17, 2018) (Final Results). 2 Id., 83 FR at 16833. E:\FR\FM\02MYN1.SGM 02MYN1

Agencies

[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Notices]
[Pages 19222-19223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09310]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-869]


Large Residential Washers From the Republic of Korea: Final 
Results of Expedited First Sunset Review of the Countervailing Duty 
Order

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

SUMMARY: The Department of Commerce (Commerce) finds that revocation of 
the countervailing duty (CVD) order on large residential washers 
(washing machines) from the Republic of Korea (Korea) would be likely 
to lead to continuation or recurrence of countervailable subsidies at 
the levels indicated in the ``Final Results of Sunset Review'' section 
of this notice.

DATES: Applicable May 2, 2018.

FOR FURTHER INFORMATION CONTACT: Kaitlin Wojnar at (202) 482-3857, AD/
CVD Operations, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the CVD order on washing machines from Korea on 
February 15, 2013.\1\ On January 2, 2018, Commerce initiated this 
review, the first five-year (sunset) review of the Order, in accordance 
with section 751(c)(2) of the Tariff Act of 1930, as amended (the 
Act).\2\ Whirlpool Corporation, a domestic producer of washing machines 
and the petitioner in the underlying CVD investigation, subsequently 
filed a timely notice of intent to participate.\3\
---------------------------------------------------------------------------

    \1\ See Large Residential Washers from the Republic of Korea: 
Countervailing Duty Order, 78 FR 11154 (February 15, 2013) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 83 FR 100 
(January 2, 2018).
    \3\ See Letter from the petitioner, ``Five-Year (`Sunset') 
Review of Antidumping and Countervailing Duty Orders on Large 
Residential Washers from Mexico and the Republic of Korea: Notice of 
Intent to Participate,'' January 17, 2018. As a domestic producer of 
washing machines, the petitioner is an interested party to this 
proceeding pursuant to section 771(9)(C) of the Act.
---------------------------------------------------------------------------

    Commerce received an adequate and timely substantive response from 
the petitioner on February 5, 2018.\4\ Neither the Government of Korea 
(GOK) nor any other respondent interested party to this proceeding 
submitted a substantive response. Therefore, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B)(2) and (C)(2), 
Commerce conducted an expedited sunset review of the Order. As a result 
of the tolling of deadlines for the closure of the Federal Government 
from January 20 through January 22, 2018, the deadline for this 
expedited sunset review was extended to May 7, 2018.\5\
---------------------------------------------------------------------------

    \4\ See Letter from the petitioner, ``Five-Year (`Sunset') 
Review of the Countervailing Duty Order on Large Residential Washers 
from Korea: Substantive Response of Whirlpool Corporation to the 
Notice of Initiation of First Sunset Review,'' February 5, 2018. The 
petitioner's response was filed in accordance with 19 CFR 
351.218(d).
    \5\ See Commerce Memorandum, ``Deadlines Affected by the 
Shutdown of the Federal Government,'' January 23, 2018.
---------------------------------------------------------------------------

Scope of the Order

    The product covered by the Order is washing machines from Korea. 
For a complete description of the scope of the Order, see the Appendix 
to this notice.

Analysis of Comments Received

    All issues raised in this review are addressed in the accompanying 
Issues and Decision Memorandum.\6\ These issues include the likelihood 
of continuation or recurrence of countervailable subsidies, the net 
countervailable subsidy rate likely to prevail upon revocation of the 
Order, and the nature of the subsidies. The Issues and Decision 
Memorandum is a public document and is available electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov and to all parties in the 
Central Records Unit in Room B8024 of the main Commerce building. In 
addition, a complete electronic version of the Issues and Decision 
Memorandum can be accessed at https://enforcement.trade.gov/frn/. The 
signed and electronic versions of the Issues and Decision Memorandum 
are identical in content.
---------------------------------------------------------------------------

    \6\ See Commerce Memorandum, ``Countervailing Duty Order on 
Large Residential Washers from the Republic of Korea: Issues and 
Decision Memorandum for the Final Results of the Expedited First 
Sunset Review,'' dated concurrently with, and hereby adopted by, 
this Federal Register notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Final Results of Sunset Review

    Pursuant to sections 752(b)(1) and (3) of the Act, we determine 
that revocation of the Order would be likely to lead to continuation or 
recurrence of net

[[Page 19223]]

countervailable subsidies at the rates listed below:

------------------------------------------------------------------------
                                                               Net
                                                         countervailable
                   Exporter/producer                       subsidy rate
                                                            (percent)
------------------------------------------------------------------------
Daewoo Electronics Corporation.........................          80.25
Samsung Electronics Co., Ltd...........................          20.75
All-Others.............................................          15.28
------------------------------------------------------------------------

Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation subject 
to sanction.
    Commerce is issuing and publishing these final results in 
accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 
19 CFR 351.218.

    Dated: April 26, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Order

    The products covered by this order are all large residential 
washers and certain subassemblies thereof from Korea.
    For purposes of this order, the term ``large residential 
washers'' denotes all automatic clothes washing machines, regardless 
of the orientation of the rotational axis, except as noted below, 
with a cabinet width (measured from its widest point) of at least 
24.5 inches (62.23 cm) and no more than 32.0 inches (81.28 cm).
    Also covered are certain subassemblies used in large residential 
washers, namely: (1) All assembled cabinets designed for use in 
large residential washers which incorporate, at a minimum: (a) At 
least three of the six cabinet surfaces; and (b) a bracket; (2) all 
assembled tubs \1\ designed for use in large residential washers 
which incorporate, at a minimum: (a) A tub; and (b) a seal; (3) all 
assembled baskets \2\ designed for use in large residential washers 
which incorporate, at a minimum: (a) A side wrapper; \3\ (b) a base; 
and (c) a drive hub; \4\ and (4) any combination of the foregoing 
subassemblies.
---------------------------------------------------------------------------

    \1\ A ``tub'' is the part of the washer designed to hold water.
    \2\ A ``basket'' (sometimes referred to as a ``drum'') is the 
part of the washer designed to hold clothing or other fabrics.
    \3\ A ``side wrapper'' is the cylindrical part of the basket 
that actually holds the clothing or other fabrics.
    \4\ A ``drive hub'' is the hub at the center of the base that 
bears the load from the motor.
---------------------------------------------------------------------------

    Excluded from the scope are stacked washer-dryers and commercial 
washers. The term ``stacked washer-dryers'' denotes distinct washing 
and drying machines that are built on a unitary frame and share a 
common console that controls both the washer and the dryer. The term 
``commercial washer'' denotes an automatic clothes washing machine 
designed for the ``pay per use'' market meeting either of the 
following two definitions:
    (1) (a) It contains payment system electronics; \5\ (b) it is 
configured with an externally mounted steel frame at least six 
inches high that is designed to house a coin/token operated payment 
system (whether or not the actual coin/token operated payment system 
is installed at the time of importation); (c) it contains a push 
button user interface with a maximum of six manually selectable wash 
cycle settings, with no ability of the end user to otherwise modify 
water temperature, water level, or spin speed for a selected wash 
cycle setting; and (d) the console containing the user interface is 
made of steel and is assembled with security fasteners; \6\ or
---------------------------------------------------------------------------

    \5\ ``Payment system electronics'' denotes a circuit board 
designed to receive signals from a payment acceptance device and to 
display payment amount, selected settings, and cycle status. Such 
electronics also capture cycles and payment history and provide for 
transmission to a reader.
    \6\ A ``security fastener'' is a screw with a non-standard head 
that requires a non-standard driver. Examples include those with a 
pin in the center of the head as a ``center pin reject'' feature to 
prevent standard Allen wrenches or Torx drivers from working.
---------------------------------------------------------------------------

    (2) (a) it contains payment system electronics; (b) the payment 
system electronics are enabled (whether or not the payment 
acceptance device has been installed at the time of importation) 
such that, in normal operation,\7\ the unit cannot begin a wash 
cycle without first receiving a signal from a bona fide payment 
acceptance device such as an electronic credit card reader; (c) it 
contains a push button user interface with a maximum of six manually 
selectable wash cycle settings, with no ability of the end user to 
otherwise modify water temperature, water level, or spin speed for a 
selected wash cycle setting; and (d) the console containing the user 
interface is made of steel and is assembled with security fasteners.
---------------------------------------------------------------------------

    \7\ ``Normal operation'' refers to the operating mode(s) 
available to end users (i.e., not a mode designed for testing or 
repair by a technician).
---------------------------------------------------------------------------

    Also excluded from the scope are automatic clothes washing 
machines with a vertical rotational axis and a rated capacity of 
less than 3.70 cubic feet, as certified to the U.S. Department of 
Energy pursuant to 10 CFR 429.12 and 10 CFR 429.20, and in 
accordance with the test procedures established in 10 CFR part 430.
    The products subject to this order are currently classifiable 
under subheading 8450.20.0090 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.

[FR Doc. 2018-09310 Filed 5-1-18; 8:45 am]
 BILLING CODE 3510-DS-P