80 FR 55335 - Large Residential Washers From Mexico: Final Results of the Antidumping Duty Administrative Review; 2012-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 178 (September 15, 2015)
International Trade Administration
Federal Register Volume 80, Issue 178 (September 15, 2015)
| Page Range | 55335-55336 | |
| FR Document | 2015-23158 |
[Federal Register Volume 80, Number 178 (Tuesday, September 15, 2015)] [Notices] [Pages 55335-55336] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-23158] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-201-842] Large Residential Washers From Mexico: Final Results of the Antidumping Duty Administrative Review; 2012-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 9, 2015, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty (AD) order on large residential washers (LRWs) from Mexico.\1\ The review covers two producers/exporters of the subject merchandise: Electrolux Home Products Corp. N.V. and Electrolux Home Products de Mexico, S.A. de C.V. (collectively, Electrolux) and Samsung Electronics Co., Ltd. (Samsung). The period of review (POR) is August 3, 2012, through January 31, 2014. We gave interested parties an opportunity to comment on the Preliminary Results. After reviewing the comments received and making corrections to the margin calculation, we continue to find that Electrolux made sales of subject merchandise to the United States at prices below normal value. We also find that Samsung made no shipments of subject merchandise during the POR. Electrolux's final dumping margin is listed below in the section entitled ``Final Results of the Review.'' --------------------------------------------------------------------------- \1\ See Large Residential Washers From Mexico: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2012-2014, 80 FR 12436 (March 9, 2015) (Preliminary Results). --------------------------------------------------------------------------- DATES: Effective Date: September 15, 2015. FOR FURTHER INFORMATION CONTACT: Brian Smith or Brandon Custard, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 1766 or (202) 482-1823, respectively. SUPPLEMENTARY INFORMATION: Background For a complete description of the events that following the publication of the Preliminary Results, see the Issues and Decision Memorandum.\2\ The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's AD and Countervailing Duty (CVD) Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \2\ See memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review of Large Residential Washers from Mexico,'' dated concurrently with and adopted by this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- The Department conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Scope of the Order The products covered by the order are all large residential washers and certain subassemblies thereof from Mexico. The products are currently classifiable under subheadings 8450.20.0040 and 8450.20.0080 of the Harmonized Tariff System of the United States (HTSUS). Products subject to this order may also enter under HTSUS subheadings 8450.11.0040, 8450.11.0080, 8450.90.2000, and 8450.90.6000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to this scope is dispositive.\3\ --------------------------------------------------------------------------- \3\ A full description of the scope of the order is contained in the Issues and Decision Memorandum. The HTSUS numbers are revised from the numbers previously stated in the scope. See Memorandum to The File entitled ``Changes to the HTS Numbers to the ACE Case Reference Files for the Antidumping Duty Orders,'' dated January 6, 2015. --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs are addressed in the Issues and Decision Memorandum. A list of the issues which parties raised and to which we respond in the Issues and Decision Memorandum is attached to this notice as Appendix I. Final Determination of No Shipments In the Preliminary Results, based on our analysis of U.S. Customs and Border Protection (CBP) information and information provided by Samsung, we determined that Samsung had no shipments of the subject merchandise, [[Page 55336]] and, therefore, no reviewable transactions, during the POR.\4\ No party commented on our preliminary results with respect to Samsung, and no additional information has been placed on the record to call into question those preliminary results. Accordingly, for the final results of this review, we continue to find that Samsung made no shipments of the subject merchandise during the POR. --------------------------------------------------------------------------- \4\ See Preliminary Results, 80 FR at 12347. --------------------------------------------------------------------------- Final Results of the Review Based on our analysis of the comments received, we made changes to the weighted-average dumping margin calculation for Electrolux. Therefore, we are assigning the following weighted-average dumping margins for the period August 3, 2012, through January 31, 2014: ------------------------------------------------------------------------ Weighted- average Manufacturer/exporter dumping margin (percent) ------------------------------------------------------------------------ Electrolux Home Products Corp. NV/Electrolux Home Products 6.45 de Mexico, S.A. de C.V..................................... ------------------------------------------------------------------------ Disclosure and Public Comment We intend to disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Assessment Rates Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b)(1), the Department has determined, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of this administrative review. For Electrolux, the Department calculated ad valorem importer- specific assessment rates equal to the total amount of dumping calculated for the importer's examined sales and the total entered value of those sales. Where an importer-specific assessment rate is zero or de minimis (i.e., less than 0.5 percent), the Department will instruct CBP to liquidate these entries without regard to antidumping duties pursuant to 19 CFR 351.106(c)(2). The Department clarified its ``automatic assessment'' regulation on May 6, 2003.\5\ If applicable, this clarification will apply to entries of subject merchandise during the POR produced by Electrolux or Samsung, 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, 36.52 percent,\6\ if there is no rate for the intermediary involved in the transaction. See Assessment Policy Notice for a full discussion of this clarification. --------------------------------------------------------------------------- \5\ See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). \6\ 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 deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Electrolux will be equal to the weighted-average dumping margin established in the final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently-completed segment; (3) if the exporter is not a firm covered in this review, a prior review, or the original LTFV investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently-completed segment of this proceeding for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 36.52 percent, the all-others rate determined in the LTFV investigation.\7\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \7\ Id. --------------------------------------------------------------------------- Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Order This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of 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. This notice is published in accordance with section 751(a)(1) and 777(i)(1) of the Act. Dated: September 8, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Issues and Decision Memorandum Summary Background Margin Calculations Scope of the Order Discussion of Issues 1. Clerical Errors in Electrolux's Preliminary Dumping Margin 2. Electrolux's Affiliated Party Transactions 3. Methodological Issues in the Differential Pricing Analysis 4. Zeroing and Differential Pricing 5. Monthly Time Periods in Differential Pricing Analysis [FR Doc. 2015-23158 Filed 9-14-15; 8:45 a.m.] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Notices 55335
Notification to Importers Regarding the DEPARTMENT OF COMMERCE and Decision Memorandum is a public
Reimbursement of Duties document and is on file electronically
International Trade Administration via Enforcement and Compliance’s AD
This notice also serves as a final and Countervailing Duty (CVD)
reminder to importers of their [A–201–842]
Centralized Electronic Service System
responsibility under 19 CFR 351.402(f) (ACCESS). ACCESS is available to
Large Residential Washers From
to file a certificate regarding the Mexico: Final Results of the registered users at http://
reimbursement of antidumping duties Antidumping Duty Administrative access.trade.gov and in the Central
prior to liquidation of the relevant Review; 2012–2014 Records Unit, room B8024 of the main
entries during this POR. Failure to Department of Commerce building. In
comply with this requirement could AGENCY: Enforcement and Compliance, addition, a complete version of the
result in the Department’s presumption International Trade Administration, Issues and Decision Memorandum can
that reimbursement of antidumping Department of Commerce. be accessed directly at http://
duties has occurred and the subsequent SUMMARY: On March 9, 2015, the enforcement.trade.gov/frn/index.html.
assessment of doubled antidumping Department of Commerce (the The signed Issues and Decision
duties. Department) published the preliminary Memorandum and the electronic
results of the administrative review of version of the Issues and Decision
Administrative Protective Order the antidumping duty (AD) order on Memorandum are identical in content.
(‘‘APO’’) large residential washers (LRWs) from The Department conducted this
Mexico.1 The review covers two administrative review in accordance
This notice also serves as a final with section 751 of the Tariff Act of
producers/exporters of the subject
reminder to parties subject to APO of 1930, as amended (the Act).
merchandise: Electrolux Home Products
their responsibility concerning the Corp. N.V. and Electrolux Home
return or destruction of proprietary Scope of the Order
Products de Mexico, S.A. de C.V.
information disclosed under APO in (collectively, Electrolux) and Samsung The products covered by the order are
accordance with 19 CFR 351.305(a)(3), Electronics Co., Ltd. (Samsung). The all large residential washers and certain
which continues to govern business period of review (POR) is August 3, subassemblies thereof from Mexico. The
proprietary information in this segment 2012, through January 31, 2014. We products are currently classifiable under
of the proceeding. Timely written gave interested parties an opportunity to subheadings 8450.20.0040 and
notification of the return or destruction comment on the Preliminary Results. 8450.20.0080 of the Harmonized Tariff
of APO materials, or conversion to After reviewing the comments received System of the United States (HTSUS).
judicial protective order, is hereby and making corrections to the margin Products subject to this order may also
requested. Failure to comply with the calculation, we continue to find that enter under HTSUS subheadings
regulations and terms of an APO is a Electrolux made sales of subject 8450.11.0040, 8450.11.0080,
violation which is subject to sanction. merchandise to the United States at 8450.90.2000, and 8450.90.6000.
prices below normal value. We also find Although the HTSUS subheadings are
We are issuing and publishing the provided for convenience and customs
final results of this review and notice in that Samsung made no shipments of
subject merchandise during the POR. purposes, the written description of the
accordance with sections 751(a)(1) and merchandise subject to this scope is
Electrolux’s final dumping margin is
777(i) of the Act and 19 CFR 351.213. dispositive.3
listed below in the section entitled
Dated: September 8, 2015. ‘‘Final Results of the Review.’’ Analysis of Comments Received
Paul Piquado, DATES: Effective Date: September 15,
All issues raised in the case and
Assistant Secretary for Enforcement and 2015. rebuttal briefs are addressed in the
Compliance.
FOR FURTHER INFORMATION CONTACT: Issues and Decision Memorandum. A
Appendix Brian Smith or Brandon Custard, AD/ list of the issues which parties raised
CVD Operations, Office II, Enforcement and to which we respond in the Issues
List of Topics Discussed in Issues and and Compliance, International Trade and Decision Memorandum is attached
Decision Memorandum
Administration, U.S. Department of to this notice as Appendix I.
1. Summary Commerce, 14th Street and Constitution
2. Background Final Determination of No Shipments
Avenue NW., Washington, DC 20230;
3. Scope of the Order telephone: (202) 482–1766 or (202) 482– In the Preliminary Results, based on
4. Discussion of the Issues 1823, respectively. our analysis of U.S. Customs and Border
Comment 1: Bona Fide Sale Protection (CBP) information and
SUPPLEMENTARY INFORMATION:
Comment 2: Steel Plate information provided by Samsung, we
Comment 3: Market Economy Prices from Background determined that Samsung had no
Korea shipments of the subject merchandise,
For a complete description of the
Comment 4: Financial Statements
events that following the publication of
Comment 5: Flanges Operations, ‘‘Issues and Decision Memorandum for
the Preliminary Results, see the Issues
Comment 6: Calculation of Market the Final Results of the Antidumping Duty
and Decision Memorandum.2 The Issues Administrative Review of Large Residential
Economy Prices
Washers from Mexico,’’ dated concurrently with
mstockstill on DSK4VPTVN1PROD with NOTICES
5. Recommendation 1 See Large Residential Washers From Mexico: and adopted by this notice (Issues and Decision
[FR Doc. 2015–23155 Filed 9–14–15; 8:45 am] Preliminary Results of the Antidumping Duty Memorandum).
Administrative Review and Preliminary 3 A full description of the scope of the order is
BILLING CODE 3510–DS–P
Determination of No Shipments; 2012–2014, 80 FR contained in the Issues and Decision Memorandum.
12436 (March 9, 2015) (Preliminary Results). The HTSUS numbers are revised from the numbers
2 See memorandum to Paul Piquado, Assistant previously stated in the scope. See Memorandum to
Secretary for Enforcement and Compliance, from The File entitled ‘‘Changes to the HTS Numbers to
Gary Taverman, Associate Deputy Assistant the ACE Case Reference Files for the Antidumping
Secretary for Antidumping and Countervailing Duty Duty Orders,’’ dated January 6, 2015.
VerDate Sep<11>2014 19:04 Sep 14, 2015 Jkt 235001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\15SEN1.SGM 15SEN1](https://thefederalregister.org/doc/80_FR_55513/page/1.svg)
![55336 Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Notices
and, therefore, no reviewable May 6, 2003.5 If applicable, this could result in the Secretary’s
transactions, during the POR.4 No party clarification will apply to entries of presumption that reimbursement of
commented on our preliminary results subject merchandise during the POR antidumping duties occurred and the
with respect to Samsung, and no produced by Electrolux or Samsung, for subsequent assessment of double
additional information has been placed which the company did not know that antidumping duties.
on the record to call into question those its merchandise was destined for the
Notification Regarding Administrative
preliminary results. Accordingly, for the United States. In such instances, we will
Protective Order
final results of this review, we continue instruct CBP to liquidate these entries at
to find that Samsung made no the all-others rate established in the This notice serves as the only
shipments of the subject merchandise less-than fair-value (LTFV) reminder to parties subject to
during the POR. investigation, 36.52 percent,6 if there is administrative protective order (APO) of
no rate for the intermediary involved in their responsibility concerning the
Final Results of the Review the transaction. See Assessment Policy disposition of proprietary information
Notice for a full discussion of this disclosed under APO in accordance
Based on our analysis of the with 19 CFR 351.305(a)(3). Timely
clarification.
comments received, we made changes to written notification of return/
the weighted-average dumping margin Cash Deposit Requirements
destruction of APO materials or
calculation for Electrolux. Therefore, we The following deposit requirements conversion to judicial protective order is
are assigning the following weighted- will be effective upon publication of the hereby requested. Failure to comply
average dumping margins for the period notice of final results of administrative with the regulations and the terms of an
August 3, 2012, through January 31, review for all shipments of the subject APO is a sanctionable violation.
2014: merchandise entered, or withdrawn This notice is published in
from warehouse, for consumption on or accordance with section 751(a)(1) and
Weighted- after the date of publication, as provided 777(i)(1) of the Act.
average by section 751(a)(2)(C) of the Act: (1)
Manufacturer/exporter dumping Dated: September 8, 2015.
margin The cash deposit rate for Electrolux will
Paul Piquado,
(percent) be equal to the weighted-average
dumping margin established in the final Assistant Secretary for Enforcement and
Electrolux Home Products Corp. Compliance.
results of this administrative review; (2)
NV/Electrolux Home Products for merchandise exported by Appendix I
de Mexico, S.A. de C.V. ......... 6.45 manufacturers or exporters not covered List of Topics Discussed in the Issues and
in this administrative review but Decision Memorandum
Disclosure and Public Comment covered in a prior segment of the
Summary
proceeding, the cash deposit rate will Background
We intend to disclose the calculations continue to be the company-specific rate
performed within five days of the date Margin Calculations
published for the most recently- Scope of the Order
of publication of this notice to parties in completed segment; (3) if the exporter is Discussion of Issues
this proceeding in accordance with 19 not a firm covered in this review, a prior 1. Clerical Errors in Electrolux’s Preliminary
CFR 351.224(b). review, or the original LTFV Dumping Margin
investigation, but the manufacturer is, 2. Electrolux’s Affiliated Party Transactions
Assessment Rates 3. Methodological Issues in the Differential
the cash deposit rate will be the rate
Pricing Analysis
Pursuant to section 751(a)(2)(C) of the established for the most recently- 4. Zeroing and Differential Pricing
Act, and 19 CFR 351.212(b)(1), the completed segment of this proceeding 5. Monthly Time Periods in Differential
Department has determined, and CBP for the manufacturer of the Pricing Analysis
shall assess, antidumping duties on all merchandise; and (4) the cash deposit
[FR Doc. 2015–23158 Filed 9–14–15; 8:45 a.m.]
appropriate entries of subject rate for all other manufacturers or
BILLING CODE 3510–DS–P
merchandise in accordance with the exporters will continue to be 36.52
final results of this review. The percent, the all-others rate determined
Department intends to issue appropriate in the LTFV investigation.7 These cash DEPARTMENT OF COMMERCE
assessment instructions directly to CBP deposit requirements, when imposed,
15 days after publication of the final shall remain in effect until further International Trade Administration
results of this administrative review. notice.
[C–580–869]
For Electrolux, the Department Notification to Importers
calculated ad valorem importer-specific Large Residential Washers From the
This notice also serves as a final
assessment rates equal to the total Republic of Korea: Final Results of
reminder to importers of their
amount of dumping calculated for the Countervailing Duty Administrative
responsibility under 19 CFR 351.402(f)
importer’s examined sales and the total Review; 2012–2013
to file a certificate regarding the
entered value of those sales. Where an
reimbursement of antidumping duties AGENCY: Enforcement and Compliance,
importer-specific assessment rate is zero
prior to liquidation of the relevant International Trade Administration,
or de minimis (i.e., less than 0.5
entries during this review period. Department of Commerce.
percent), the Department will instruct
mstockstill on DSK4VPTVN1PROD with NOTICES
Failure to comply with this requirement SUMMARY: On March 11, 2015, the
CBP to liquidate these entries without
regard to antidumping duties pursuant Department published the preliminary
5 See Antidumping and Countervailing Duty
to 19 CFR 351.106(c)(2). results of the administrative review of
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment Policy Notice). the countervailing duty order on large
The Department clarified its residential washers from Korea.1 The
6 See Large Residential Washers From Mexico and
‘‘automatic assessment’’ regulation on the Republic of Korea: Antidumping Duty Orders,
78 FR 11148 (February 15, 2013) (AD Order). 1 See Large Residential Washers From the
4 See Preliminary Results, 80 FR at 12347. 7 Id. Republic of Korea: Preliminary Results of the
VerDate Sep<11>2014 19:04 Sep 14, 2015 Jkt 235001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\15SEN1.SGM 15SEN1](https://thefederalregister.org/doc/80_FR_55513/page/2.svg)
Document Created: 2015-12-15 10:09:11
Document Modified: 2015-12-15 10:09:11
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Brian Smith or Brandon Custard, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 1766 or (202) 482-1823, respectively. | |
| FR Citation | 80 FR 55335 |
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