Large Top Mount Combination Refrigerator-Freezers From Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 8379-8382 [2025-01865]
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Federal Register / Vol. 90, No. 18 / Wednesday, January 29, 2025 / Notices
On January 8, 2025, EKU Fren
requested that Commerce postpone the
final determination in the event of an
affirmative preliminary determination
and that provisional measures be
extended to a period not to exceed 135
days.14 On January 10, 2025, Webb
Wheel Products, Inc. (the petitioner)
requested that Commerce postpone the
final determination in the event of a
negative preliminary determination.15
In accordance with section 735(a)(2)(A)
of the Act, and 19 CFR 351.210(b)(2)(ii),
because: (1) the preliminary
determination is affirmative; (2) the
requesting exporter accounts for a
significant proportion of exports of the
subject merchandise; and (3) no
compelling reasons for denial exist,
Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce’s final
determination will be issued no later
than 135 days after the date of
publication of this preliminary
determination in the Federal Register,
pursuant to section 735(a)(2) of the Act.
U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c).
Dated: January 23, 2025.
Abdelali Elouaradia,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
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Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is certain brake drums made of
gray cast iron, whether finished or
unfinished, with an actual or nominal inside
diameter of 14.75 inches or more but not over
16.6 inches, weighing more than 50 pounds.
14 See EKU Fren’s Letter, ‘‘EKU Fren’s Final
Determination Extension Request,’’ dated January 8,
2025.
15 See Petitioner’s Letter, ‘‘Petitioner’s Request for
Postponement of Final Determination,’’ dated
January 10, 2025.
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Unfinished brake drums are those which
have undergone some turning or machining
but are not ready for installation. Subject
brake drums are included within the scope
whether imported individually or with nonsubject merchandise (for example, a hub),
whether assembled or unassembled, or if
joined with non-subject merchandise. When
a subject drum is imported together with
non-subject merchandise, such as, but not
limited to, a drum-hub assembly, only the
subject drum is covered by the scope.
Subject merchandise also includes finished
and unfinished brake drums that are further
processed in a third country or in the United
States, including, but not limited to,
assembly or any other processing that would
not otherwise remove the merchandise from
the scope of this investigation if performed
in the country of manufacture of the subject
brake drums. The inclusion, attachment,
joining, or assembly of non-subject
merchandise with subject drums either in the
country of manufacture of the subject drum
or in a third country does not remove the
subject drum from the scope. Specifically
excluded is merchandise covered by the
scope of the antidumping and countervailing
duty orders on certain chassis and
subassemblies thereof from the People’s
Republic of China. See Certain Chassis and
Subassemblies Thereof from the People’s
Republic of China: Antidumping Duty Order,
86 FR 36093 (July 8, 2021) and Certain
Chassis and Subassemblies Thereof from the
People’s Republic of China: Countervailing
Duty Order and Amended Final Affirmative
Countervailing Duty Determination, 86 FR
24844 (May 10, 2021).
The scope also excludes composite brake
drums that contain more than 38 percent
steel by weight.
The merchandise covered by this
investigation is classifiable under
Harmonized Tariff Schedule of the United
States (HTSUS) subheading 8708.30.5020.
The merchandise covered by this
investigation may be classifiable under
HTSUS subheading 8708.30.5090 when
entered as part of an assembly. Subject
merchandise may also enter under HTSUS
subheading 8716.90.5060. Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
covered by this investigation is dispositive.
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I. Summary
II. Background
III. Period of Investigation
IV. Application of Facts Available and
Adverse Inferences
V. Discussion of the Methodology
VI. Adjustments to Cash Deposit Rates for
Export Subsidies in the Companion
Countervailing Duty Investigation
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2025–01892 Filed 1–28–25; 8:45 am]
BILLING CODE 3510–DS–P
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8379
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–853]
Large Top Mount Combination
Refrigerator-Freezers From Thailand:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Postponement of Final Determination,
and Extension of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that large top mount
combination refrigerator-freezers
(refrigerators) from Thailand are being,
or are likely to be, sold in the United
States at less than fair value (LTFV). The
period of investigation (POI) is April 1,
2023, through March 31, 2024.
Interested parties are invited to
comment on this preliminary
determination.
DATES: Applicable January 29, 2025.
FOR FURTHER INFORMATION CONTACT:
Benito Ballesteros or Lilit Astvatsatrian,
AD/CVD Operations, Office IX,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–7425 or
(202) 482–6412, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on July 16, 2024.1 On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.2 On November 18, 2024,
Commerce postponed the preliminary
determination of this investigation until
January 22, 2025.3 For a complete
description of the events that followed
the initiation of this investigation, see
1 See Large Top Mount Combination RefrigeratorFreezers from Thailand: Initiation of Less-ThanFair-Value Investigation, 89 FR 57860 (July 16,
2024) (Initiation Notice). On July 24, 2024,
Commerce published a correction to this notice. See
Large Top Mount Combination Refrigerator-Freezers
from Thailand: Correction, 89 FR 59894 (July 24,
2024).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
3 See Large Top Mount Combination RefrigeratorFreezers from Thailand: Postponement of
Preliminary Determination in the Less-Than-FairValue Investigation, 89 FR 90668 (November 18,
2024).
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the Preliminary Decision
Memorandum.4
A list of topics included in the
Preliminary Decision Memorandum is
provided in Appendix II of this notice.
The Preliminary Decision Memorandum
is a public document and is on file
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. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The products covered by this
investigation are refrigerators from
Thailand. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,5 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).6 No interested
party commented on the scope of the
investigation as it appeared in the
Initiation Notice. Accordingly,
Commerce is not preliminarily
modifying the scope language as it
appeared in the Initiation Notice. See
the scope in Appendix I to this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act.
Constructed export prices have been
calculated in accordance with section
772(b) of the Act. Normal value is
calculated in accordance with section
773 of the Act. Furthermore, pursuant to
section 776(a) and (b) of the Act,
Commerce has preliminarily relied
upon facts otherwise available with
adverse inferences for Thai Samsung
Electronics Co., Ltd. (Samsung); Sanden
Intercool (Thailand) Public Company
Limited; and Sharp Appliances
(Thailand) Co., Ltd. For a full
description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination Commerce
shall determine an estimated all-others
rate for all exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
In this investigation, Commerce
preliminarily assigned a rate based
entirely on facts available to Samsung.
Therefore, the only rate that is not zero,
de minimis, or based entirely on facts
otherwise available is the rate calculated
for Toshiba Consumer Products
(Thailand) Co., Ltd. (Toshiba).
Consequently, the rate calculated for
Toshiba is also assigned as the rate for
all other producers and exporters.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Estimated
weightedaverage
dumping
margin
(percent)
Exporter/producer
Toshiba Consumer Products (Thailand) Co., Ltd ....................................................................................................................................
Thai Samsung Electronics Co., Ltd .........................................................................................................................................................
Sanden Intercool (Thailand) Public Company Limited ............................................................................................................................
Sharp Appliances (Thailand) Co., Ltd .....................................................................................................................................................
All Others .................................................................................................................................................................................................
13.28
* 37.90
* 37.90
* 37.90
13.28
* This rate is based on facts available with adverse inferences.
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Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of entries of subject
merchandise, as described in Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), Commerce will instruct
CBP to require a cash deposit equal to
the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) the cash
deposit rate for the respondents listed
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Less-Than-Fair-Value Investigation of Large Top
Mount Combination Refrigerator-Freezers from
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above will be equal to the companyspecific estimated weighted-average
dumping margins determined in this
preliminary determination; (2) if the
exporter is not a respondent identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin. These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Thailand,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
6 See Initiation Notice, 89 FR at 57861.
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Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Consistent with 19 CFR 351.224(e),
Commerce will analyze and, if
appropriate, correct any timely
allegations of significant ministerial
errors by amending the preliminary
determination. However, consistent
with 19 CFR 351.224(d), Commerce will
not consider incomplete allegations that
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do not address the significance standard
under 19 CFR 351.224(g) following the
preliminary determination. Instead,
Commerce will address such allegations
in the final determination together with
issues raised in the case briefs or other
written comments.
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
Public Comment
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Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. A timeline for the
submission of case briefs and written
comments will be released to interested
parties at a later date. Rebuttal briefs,
limited to issues raised in the case
briefs, may be filed not later than five
days after the date for filing case briefs.7
Interested parties who submit case
briefs or rebuttal briefs in this
proceeding must submit: (1) a table of
contents listing each issue; and (2) a
table of authorities.8
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings, we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this
investigation, we instead request that
interested parties provide at the
beginning of their briefs a public,
executive summary for each issue raised
in their briefs.9 Further, we request that
interested parties limit their public
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the public
executive summaries as the basis of the
comment summaries included in the
issues and decision memorandum that
will accompany the final determination
in this investigation. We request that
interested parties include footnotes for
relevant citations in the executive
summary of each issue. Note that
Commerce has amended certain of its
7 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
8 See 19 CFR 351.309(c)(2) and (d)(2).
9 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
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16:42 Jan 28, 2025
Jkt 265001
requirements pertaining to the service of
documents in 19 CFR 351.303(f).10
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain (1) the party’s name,
address, and telephone number; (2) the
number of participants and whether any
participant is a foreign national; and (3)
a list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On January 17, 2025, pursuant to 19
CFR 351.210(e), Toshiba requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.11 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) the
preliminary determination is
affirmative; (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
10 See
APO and Service Final Rule.
Toshiba’s Letter, ‘‘Request to Postpone
Final Determination,’’ dated January 17, 2025.
11 See
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8381
than 135 days after the date of
publication of this preliminary
determination.
U.S. International Trade Commission
(ITC) Notification
In accordance with section 733(f) of
the Act, Commerce will notify the ITC
of its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c).
Dated: January 22, 2025.
Abdelali Elouaradia,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I—Scope of the Investigation
The products covered by this investigation
are large top mount combination refrigeratorfreezers with a refrigerated volume of at least
15.6 cubic feet or 442 liters. For the purposes
of this investigation, the term ‘‘large top
mount combination refrigerator-freezers’’
consists of freestanding or built-in cabinets
that have an integral source of refrigeration
using compression technology, with all of the
following characteristics:
• The cabinet contains at least two interior
storage compartments accessible through two
separate external doors;
• The lower-most interior storage
compartment(s) that is accessible through an
external door is a fresh food or convertible
compartment, but is not a freezer
compartment; however, the existence of an
interior sub-compartment for ice-making in
the lower-most storage compartment does not
render the lower-most storage compartment a
freezer compartment; and
• There is a freezer or convertible
compartment that is mounted above the
lower-most interior storage compartment(s).
For the purposes of the investigation, a
fresh food compartment is capable of storing
food at temperatures above 32 degrees F (0
degrees C), a freezer compartment is capable
of storing food at temperatures at or below 32
degrees F (0 degrees C), and a convertible
compartment is capable of operating as either
a fresh food compartment or a freezer
compartment, as defined in this paragraph.
The products subject to this investigation
are currently classifiable under subheading
8418.10.0075 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Products subject to this investigation may
also enter under HTSUS subheadings
8418.21.0090, 8418.40.0000, and
8418.69.0180. The HTSUS subheadings are
provided for convenience and customs
purposes, but the written description of the
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merchandise subject to this scope is
dispositive.
482–1297; email: jonathan.chesebro@
trade.gov).
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
SUPPLEMENTARY INFORMATION:
I. Summary
II. Background
III. Period of Investigation
IV. Application of Facts Available and Use of
Adverse Inference
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2025–01865 Filed 1–28–25; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Civil Nuclear Trade Advisory
Committee: Meeting of the Civil
Nuclear Trade Advisory Committee
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of Federal Advisory
Committee meeting.
AGENCY:
This notice sets forth the
schedule and proposed agenda for a
meeting of the Civil Nuclear Trade
Advisory Committee (CINTAC).
DATES: The meeting is scheduled for
Thursday, February 6, 2025, from 10
a.m. to 4 p.m. Eastern Standard Time
(EST). The deadline for members of the
public to register, including requests to
make comments during the meeting and
for auxiliary aids, or to submit written
comments for dissemination prior to the
meeting, is 5 p.m. EST on Monday,
February 3, 2025.
ADDRESSES: The meeting will be held
virtually and in-person at the
Department of Commerce Herbert C.
Hoover Building (1401 Constitution
Ave. NW, Washington, DC 20230, Room
1412/1414). Registered participants will
be emailed instructions on accessing the
designated meeting space. Requests to
register (including to speak or for
auxiliary aids) and any written
comments should be submitted to Mr.
Jonathan Chesebro, Office of Energy &
Environmental Industries, International
Trade Administration, (email:
jonathan.chesebro@trade.gov). Members
of the public should submit registration
requests and written comments via
email to ensure timely receipt.
FOR FURTHER INFORMATION CONTACT: Mr.
Jonathan Chesebro, Office of Energy &
Environmental Industries, International
Trade Administration, Room 28018,
1401 Constitution Ave. NW,
Washington, DC 20230. (Phone: 202–
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SUMMARY:
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Background: The CINTAC was
established under the discretionary
authority of the Secretary of Commerce
and in accordance with the Federal
Advisory Committee Act (5 U.S.C. 1001
et seq), in response to an identified need
for consensus advice from U.S. industry
to the U.S. government regarding the
development and administration of
programs to expand U.S. exports of civil
nuclear goods and services in
accordance with applicable U.S. laws
and regulations, including advice on
how U.S. civil nuclear goods and
services export policies, programs, and
activities affect the U.S. civil nuclear
industry’s competitiveness and ability
to participate in the international
market.
Topics to be considered: The agenda
for the Thursday, February 6, 2025,
CINTAC meeting will include
discussions of CINTAC priorities for its
2024–2026 charter term, the
establishment of subcommittees,
election of Committee leadership, and
activities related to the U.S. Department
of Commerce’s Civil Nuclear Trade
Initiative.
Members of the public wishing to
attend the meeting must notify Mr.
Jonathan Chesebro at the contact
information above by 5:00 p.m. EST on
Monday, February 3, 2025, in order to
pre-register. Please specify any requests
for reasonable accommodation at least
five business days in advance of the
meeting.
A limited amount of time will be
available for brief oral comments from
members of the public attending the
meeting. To accommodate as many
speakers as possible, the time for public
comments will be limited to two (2)
minutes per person, with a total public
comment period of 20 minutes.
Individuals wishing to reserve speaking
time during the meeting must contact
Mr. Jonathan Chesebro and submit a
brief statement of the general nature of
the comments and the name and
address of the proposed participant by
5 p.m. EST on Monday, February 3,
2025. If the number of registrants
requesting to make statements is greater
than can be reasonably accommodated
during the meeting, ITA may conduct a
lottery to determine the speakers.
Any member of the public may
submit written comments concerning
the CINTAC’s affairs at any time before
and after the meeting. Comments may
be submitted to Mr. Jonathan Chesebro
in the International Trade
Administration’s Office of Energy &
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Environmental Industries. For
consideration during the meeting, and
to ensure transmission to the Committee
prior to the meeting, comments must be
received no later than 5 p.m. EST on
Monday, February 3, 2025. Comments
received after that date will be
distributed to the members but may not
be considered at the meeting.
Copies of CINTAC meeting minutes
will be available within 90 days of the
meeting.
Jonathan Chesebro,
Deputy Director, Acting, Office of Energy and
Environmental Industries.
[FR Doc. 2025–01847 Filed 1–28–25; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
Renewable Energy and Energy
Efficiency Advisory Committee
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an open meeting.
AGENCY:
The Renewable Energy and
Energy Efficiency Advisory Committee
(REEEAC or the Committee) will hold
an in-person meeting, accessible to the
public in-person and online, on
Wednesday, February 12, 2025 at the
U.S. Department of Commerce in
Washington, DC. Registration
instructions for the public to attend
either in-person or online are provided
below. The meeting has a limited
number of spaces for members of the
public to attend in-person. Requests to
attend in-person will be considered on
a first-come first-served basis.
DATES: Wednesday, February 12, 2025,
from approximately 10 a.m. to 3:30 p.m.
Eastern Standard Time (EST). Members
of the public wishing to participate,
either in person or online, must register
in advance with Cora Dickson at the
contact information below by 5 p.m.
EST on Monday, February 10, 2025
including any requests to make
comments during the meeting or for
accommodations or auxiliary aids.
ADDRESSES: To register, please contact
Cora Dickson, Designated Federal
Officer (DFO), Office of Energy and
Environmental Industries (OEEI),
Industry and Analysis, International
Trade Administration, U.S. Department
of Commerce at (202) 482–6083; email:
Cora.Dickson@trade.gov. In their
registration, members of the public
wishing to attend in-person must
request in-person attendance by the firm
deadline above.
SUMMARY:
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Agencies
[Federal Register Volume 90, Number 18 (Wednesday, January 29, 2025)]
[Notices]
[Pages 8379-8382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01865]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-853]
Large Top Mount Combination Refrigerator-Freezers From Thailand:
Preliminary Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that large top mount combination refrigerator-freezers
(refrigerators) from Thailand are being, or are likely to be, sold in
the United States at less than fair value (LTFV). The period of
investigation (POI) is April 1, 2023, through March 31, 2024.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable January 29, 2025.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Lilit
Astvatsatrian, AD/CVD Operations, Office IX, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-7425 or (202) 482-6412, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on July 16,
2024.\1\ On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\2\ On November 18, 2024,
Commerce postponed the preliminary determination of this investigation
until January 22, 2025.\3\ For a complete description of the events
that followed the initiation of this investigation, see
[[Page 8380]]
the Preliminary Decision Memorandum.\4\
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\1\ See Large Top Mount Combination Refrigerator-Freezers from
Thailand: Initiation of Less-Than-Fair-Value Investigation, 89 FR
57860 (July 16, 2024) (Initiation Notice). On July 24, 2024,
Commerce published a correction to this notice. See Large Top Mount
Combination Refrigerator-Freezers from Thailand: Correction, 89 FR
59894 (July 24, 2024).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Large Top Mount Combination Refrigerator-Freezers from
Thailand: Postponement of Preliminary Determination in the Less-
Than-Fair-Value Investigation, 89 FR 90668 (November 18, 2024).
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Large Top Mount Combination Refrigerator-Freezers from
Thailand,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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A list of topics included in the Preliminary Decision Memorandum is
provided in Appendix II of this notice. The Preliminary Decision
Memorandum is a public document and is on file 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. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed at
https://access.trade.gov/public/FRNoticesListLayout.aspx.
Scope of the Investigation
The products covered by this investigation are refrigerators from
Thailand. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\5\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\6\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice. Accordingly, Commerce is not preliminarily modifying
the scope language as it appeared in the Initiation Notice. See the
scope in Appendix I to this notice.
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\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\6\ See Initiation Notice, 89 FR at 57861.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Constructed export prices
have been calculated in accordance with section 772(b) of the Act.
Normal value is calculated in accordance with section 773 of the Act.
Furthermore, pursuant to section 776(a) and (b) of the Act, Commerce
has preliminarily relied upon facts otherwise available with adverse
inferences for Thai Samsung Electronics Co., Ltd. (Samsung); Sanden
Intercool (Thailand) Public Company Limited; and Sharp Appliances
(Thailand) Co., Ltd. For a full description of the methodology
underlying the preliminary determination, see the Preliminary Decision
Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
In this investigation, Commerce preliminarily assigned a rate based
entirely on facts available to Samsung. Therefore, the only rate that
is not zero, de minimis, or based entirely on facts otherwise available
is the rate calculated for Toshiba Consumer Products (Thailand) Co.,
Ltd. (Toshiba). Consequently, the rate calculated for Toshiba is also
assigned as the rate for all other producers and exporters.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Toshiba Consumer Products (Thailand) Co., Ltd.............. 13.28
Thai Samsung Electronics Co., Ltd.......................... * 37.90
Sanden Intercool (Thailand) Public Company Limited......... * 37.90
Sharp Appliances (Thailand) Co., Ltd....................... * 37.90
All Others................................................. 13.28
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* This rate is based on facts available with adverse inferences.
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) the cash deposit rate for the respondents listed above will be
equal to the company-specific estimated weighted-average dumping
margins determined in this preliminary determination; (2) if the
exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the all-others estimated
weighted-average dumping margin. These suspension of liquidation
instructions will remain in effect until further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Consistent with 19 CFR 351.224(e), Commerce will analyze and, if
appropriate, correct any timely allegations of significant ministerial
errors by amending the preliminary determination. However, consistent
with 19 CFR 351.224(d), Commerce will not consider incomplete
allegations that
[[Page 8381]]
do not address the significance standard under 19 CFR 351.224(g)
following the preliminary determination. Instead, Commerce will address
such allegations in the final determination together with issues raised
in the case briefs or other written comments.
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. A timeline for the submission of case briefs and
written comments will be released to interested parties at a later
date. Rebuttal briefs, limited to issues raised in the case briefs, may
be filed not later than five days after the date for filing case
briefs.\7\ Interested parties who submit case briefs or rebuttal briefs
in this proceeding must submit: (1) a table of contents listing each
issue; and (2) a table of authorities.\8\
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\7\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings, we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this investigation, we instead request
that interested parties provide at the beginning of their briefs a
public, executive summary for each issue raised in their briefs.\9\
Further, we request that interested parties limit their public
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the public executive summaries as
the basis of the comment summaries included in the issues and decision
memorandum that will accompany the final determination in this
investigation. We request that interested parties include footnotes for
relevant citations in the executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\10\
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\9\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\10\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
(1) the party's name, address, and telephone number; (2) the number of
participants and whether any participant is a foreign national; and (3)
a list of the issues to be discussed. If a request for a hearing is
made, Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On January 17, 2025, pursuant to 19 CFR 351.210(e), Toshiba
requested that Commerce postpone the final determination and that
provisional measures be extended to a period not to exceed six
months.\11\ In accordance with section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is
affirmative; (2) the requesting exporter accounts for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, Commerce is postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, Commerce
will make its final determination no later than 135 days after the date
of publication of this preliminary determination.
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\11\ See Toshiba's Letter, ``Request to Postpone Final
Determination,'' dated January 17, 2025.
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U.S. International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, Commerce will notify
the ITC of its preliminary determination. If the final determination is
affirmative, the ITC will determine before the later of 120 days after
the date of this preliminary determination or 45 days after the final
determination whether these imports are materially injuring, or
threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: January 22, 2025.
Abdelali Elouaradia,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The products covered by this investigation are large top mount
combination refrigerator-freezers with a refrigerated volume of at
least 15.6 cubic feet or 442 liters. For the purposes of this
investigation, the term ``large top mount combination refrigerator-
freezers'' consists of freestanding or built-in cabinets that have
an integral source of refrigeration using compression technology,
with all of the following characteristics:
The cabinet contains at least two interior storage
compartments accessible through two separate external doors;
The lower-most interior storage compartment(s) that is
accessible through an external door is a fresh food or convertible
compartment, but is not a freezer compartment; however, the
existence of an interior sub-compartment for ice-making in the
lower-most storage compartment does not render the lower-most
storage compartment a freezer compartment; and
There is a freezer or convertible compartment that is
mounted above the lower-most interior storage compartment(s).
For the purposes of the investigation, a fresh food compartment
is capable of storing food at temperatures above 32 degrees F (0
degrees C), a freezer compartment is capable of storing food at
temperatures at or below 32 degrees F (0 degrees C), and a
convertible compartment is capable of operating as either a fresh
food compartment or a freezer compartment, as defined in this
paragraph.
The products subject to this investigation are currently
classifiable under subheading 8418.10.0075 of the Harmonized Tariff
Schedule of the United States (HTSUS). Products subject to this
investigation may also enter under HTSUS subheadings 8418.21.0090,
8418.40.0000, and 8418.69.0180. The HTSUS subheadings are provided
for convenience and customs purposes, but the written description of
the
[[Page 8382]]
merchandise subject to this scope is dispositive.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Application of Facts Available and Use of Adverse Inference
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2025-01865 Filed 1-28-25; 8:45 am]
BILLING CODE 3510-DS-P