80_FR_55514 80 FR 55336 - Large Residential Washers From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 2012-2013

80 FR 55336 - Large Residential Washers From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 2012-2013

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 178 (September 15, 2015)

Page Range55336-55337
FR Document2015-23163

On March 11, 2015, the Department published the preliminary results of the administrative review of the countervailing duty order on large residential washers from Korea.\1\ The review covers two producers/exporters of the subject merchandise, Samsung Electronics Co., Ltd. (Samsung) and Daewoo Electronics Corporation (Daewoo). The period of review (POR) is June 5, 2012, through December 31, 2013. Based on an analysis of the comments received, the Department has not made changes to the subsidy rates calculated for Daewoo and Samsung in the Preliminary Results. The final subsidy rates are listed in the ``Final Results of Administrative Review'' section below. ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 178 (Tuesday, September 15, 2015)
[Federal Register Volume 80, Number 178 (Tuesday, September 15, 2015)]
[Notices]
[Pages 55336-55337]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23163]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-869]


Large Residential Washers From the Republic of Korea: Final 
Results of Countervailing Duty Administrative Review; 2012-2013

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

SUMMARY: On March 11, 2015, the Department published the preliminary 
results of the administrative review of the countervailing duty order 
on large residential washers from Korea.\1\ The

[[Page 55337]]

review covers two producers/exporters of the subject merchandise, 
Samsung Electronics Co., Ltd. (Samsung) and Daewoo Electronics 
Corporation (Daewoo). The period of review (POR) is June 5, 2012, 
through December 31, 2013. Based on an analysis of the comments 
received, the Department has not made changes to the subsidy rates 
calculated for Daewoo and Samsung in the Preliminary Results. The final 
subsidy rates are listed in the ``Final Results of Administrative 
Review'' section below.
---------------------------------------------------------------------------

    \1\ See Large Residential Washers From the Republic of Korea: 
Preliminary Results of the Countervailing Duty Administrative 
Review; 2012-2013, 80 FR 12803 and accompanying Preliminary Decision 
Memorandum (PDM) (March 11, 2015) (Preliminary Results).

---------------------------------------------------------------------------
DATES: Effective Date: September 15, 2015.

FOR FURTHER INFORMATION CONTACT: Toni Page AD/CVD Operations, Office 
VII, Enforcement and Compliance, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-1398.

Scope of the Order

    The products covered by the order are all large residential washers 
and certain subassemblies thereof from Korea. The products are 
currently classifiable under subheadings 8450.20.0040 and 8450.20.0080 
of the Harmonized Tariff System of the United States (HTSUS). Products 
subject to this order may also enter under HTSUS subheadings 
8450.11.0040, 8450.11.0080, 8450.90.2000, and 8450.90.6000. Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the merchandise subject to this 
scope is dispositive.\2\
---------------------------------------------------------------------------

    \2\ For a full description of the scope, see the Department 
Memorandum, ``Issues and Decision Memorandum for the Final Results 
of the Countervailing Duty Administrative Review: Large Residential 
Washers from the Republic of Korea'' (Issues and Decision 
Memorandum) (September 8, 2015).
---------------------------------------------------------------------------

Analysis of Comments Received

    The issues raised by Whirlpool Corporation (Petitioner), the only 
interested party to submit comments, are addressed in the Issues and 
Decision Memorandum.\3\ The issues are identified in the Appendix to 
this notice. The Issues and 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 http://access.trade.gov and is available to all parties 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/. The signed 
and electronic versions of the memorandum are identical in content.
---------------------------------------------------------------------------

    \3\ Id.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this countervailing duty review in 
accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as 
amended (the Act). For each of the subsidy programs found 
countervailable, we determine that there is a subsidy, i.e., a 
financial contribution by an ``authority'' that confers a benefit to 
the recipient, and that the subsidy is specific.\4\ Additionally, for 
certain subsidy programs, we are relying on the facts available, with 
adverse inferences, pursuant to sections 776(a) and (b) of the Act. For 
further information, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \4\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and, section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

Final Results of Administrative Review

    As a result of this review, we determine the countervailable 
subsidy rates during the POR for the mandatory respondents to be:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
Samsung Electronics Co., Ltd................................       34.77
Daewoo Electronics Corporation..............................       81.91
------------------------------------------------------------------------

Assessment and Cash Deposit Requirements

    In accordance with 19 CFR 351.212(b)(2), the Department intends to 
issue appropriate instructions to U.S. Customs and Border Protection 
(CBP) 15 days after publication of the final results of this review. 
The Department will instruct CBP to liquidate shipments of subject 
merchandise produced and/or exported by Daewoo and Samsung, entered or 
withdrawn from warehouse, for consumption from June 5, 2012, through 
December 31, 2013.
    Pursuant to section 751(a)(2)(C) of the Act, the Department also 
intends to instruct CBP to collect cash deposits of estimated CVDs, in 
the amounts shown above for each of the respective companies shown 
above, on shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this review. For all non-reviewed firms, we will 
instruct CBP to continue to collect cash deposits at the most-recent 
company-specific or all-others rate applicable to the company, as 
appropriate. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a final 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(a)(3), which 
continues to govern business proprietary information in this segment of 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: September 8, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

APPENDIX I

Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and Adverse Inferences
V. Analysis of Programs
VI. Analysis of Comments
VII. Recommendation

[FR Doc. 2015-23163 Filed 9-14-15; 8:45 am]
BILLING CODE 3510-DS-P



                                                  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



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                                                                            Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Notices                                                  55337

                                                  review covers two producers/exporters                   available to all parties in the Central                review. For all non-reviewed firms, we
                                                  of the subject merchandise, Samsung                     Records Unit, room B8024 of the main                   will instruct CBP to continue to collect
                                                  Electronics Co., Ltd. (Samsung) and                     Department of Commerce building. In                    cash deposits at the most-recent
                                                  Daewoo Electronics Corporation                          addition, a complete version of the                    company-specific or all-others rate
                                                  (Daewoo). The period of review (POR) is                 Issues and Decision Memorandum can                     applicable to the company, as
                                                  June 5, 2012, through December 31,                      be accessed directly at http://                        appropriate. These cash deposit
                                                  2013. Based on an analysis of the                       enforcement.trade.gov/frn/. The signed                 requirements, when imposed, shall
                                                  comments received, the Department has                   and electronic versions of the                         remain in effect until further notice.
                                                  not made changes to the subsidy rates                   memorandum are identical in content.
                                                                                                                                                                 Administrative Protective Order
                                                  calculated for Daewoo and Samsung in                    Methodology
                                                  the Preliminary Results. The final                                                                               This notice also serves as a final
                                                  subsidy rates are listed in the ‘‘Final                    The Department is conducting this                   reminder to parties subject to an
                                                  Results of Administrative Review’’                      countervailing duty review in                          administrative protective order (APO) of
                                                  section below.                                          accordance with section 751(a)(1)(A) of                their responsibility concerning the
                                                                                                          the Tariff Act of 1930, as amended (the                return or destruction of proprietary
                                                  DATES: Effective Date: September 15,
                                                                                                          Act). For each of the subsidy programs                 information disclosed under APO in
                                                  2015.
                                                                                                          found countervailable, we determine                    accordance with 19 CFR 351.305(a)(3),
                                                  FOR FURTHER INFORMATION CONTACT:  Toni                  that there is a subsidy, i.e., a financial             which continues to govern business
                                                  Page AD/CVD Operations, Office VII,                     contribution by an ‘‘authority’’ that                  proprietary information in this segment
                                                  Enforcement and Compliance, U.S.                        confers a benefit to the recipient, and                of proceeding. Timely written
                                                  Department of Commerce, 14th Street                     that the subsidy is specific.4                         notification of the return/destruction of
                                                  and Constitution Avenue NW.,                            Additionally, for certain subsidy                      APO materials or conversion to judicial
                                                  Washington, DC 20230; telephone: (202)                  programs, we are relying on the facts                  protective order is hereby requested.
                                                  482–1398.                                               available, with adverse inferences,                    Failure to comply with the regulations
                                                  Scope of the Order                                      pursuant to sections 776(a) and (b) of                 and terms of an APO is a violation
                                                                                                          the Act. For further information, see the              which is subject to sanction.
                                                     The products covered by the order are                Issues and Decision Memorandum.
                                                  all large residential washers and certain                                                                        These final results are issued and
                                                  subassemblies thereof from Korea. The                   Final Results of Administrative Review                 published in accordance with sections
                                                  products are currently classifiable under                                                                      751(a)(1) and 777(i)(1) of the Act.
                                                                                                            As a result of this review, we
                                                  subheadings 8450.20.0040 and                            determine the countervailable subsidy                    Dated: September 8, 2015.
                                                  8450.20.0080 of the Harmonized Tariff                   rates during the POR for the mandatory                 Paul Piquado,
                                                  System of the United States (HTSUS).                    respondents to be:                                     Assistant Secretary for Enforcement and
                                                  Products subject to this order may also                                                                        Compliance.
                                                  enter under HTSUS subheadings                                                                      Subsidy
                                                                                                                       Company                        rate       APPENDIX I
                                                  8450.11.0040, 8450.11.0080,
                                                                                                                                                    (percent)    Issues and Decision Memorandum
                                                  8450.90.2000, and 8450.90.6000.
                                                  Although the HTSUS subheadings are                      Samsung Electronics Co., Ltd ....              34.77   I. Summary
                                                  provided for convenience and customs                    Daewoo Electronics Corporation                 81.91   II. Background
                                                  purposes, the written description of the                                                                       III. Scope of the Order
                                                  merchandise subject to this scope is                    Assessment and Cash Deposit                            IV. Use of Facts Otherwise Available and
                                                  dispositive.2                                                                                                        Adverse Inferences
                                                                                                          Requirements                                           V. Analysis of Programs
                                                  Analysis of Comments Received                              In accordance with 19 CFR                           VI. Analysis of Comments
                                                                                                          351.212(b)(2), the Department intends to               VII. Recommendation
                                                     The issues raised by Whirlpool
                                                  Corporation (Petitioner), the only                      issue appropriate instructions to U.S.                 [FR Doc. 2015–23163 Filed 9–14–15; 8:45 am]
                                                  interested party to submit comments,                    Customs and Border Protection (CBP) 15                 BILLING CODE 3510–DS–P
                                                  are addressed in the Issues and Decision                days after publication of the final results
                                                  Memorandum.3 The issues are                             of this review. The Department will
                                                  identified in the Appendix to this                      instruct CBP to liquidate shipments of                 DEPARTMENT OF COMMERCE
                                                  notice. The Issues and Decision                         subject merchandise produced and/or
                                                                                                          exported by Daewoo and Samsung,                        National Institute of Standards and
                                                  Memorandum is a public document and
                                                                                                          entered or withdrawn from warehouse,                   Technology
                                                  is on file electronically via Enforcement
                                                  and Compliance’s Antidumping and                        for consumption from June 5, 2012,
                                                                                                          through December 31, 2013.                             Open Meeting of the Information
                                                  Countervailing Duty Centralized                                                                                Security and Privacy Advisory Board
                                                  Electronic Service System (ACCESS).                        Pursuant to section 751(a)(2)(C) of the
                                                  ACCESS is available to registered users                 Act, the Department also intends to                    AGENCY: National Institute of Standards
                                                  at http://access.trade.gov and is                       instruct CBP to collect cash deposits of               and Technology, Commerce.
                                                                                                          estimated CVDs, in the amounts shown
                                                                                                                                                                 ACTION: Notice.
                                                  Countervailing Duty Administrative Review; 2012–
                                                                                                          above for each of the respective
                                                  2013, 80 FR 12803 and accompanying Preliminary          companies shown above, on shipments                    SUMMARY:   The Information Security and
                                                  Decision Memorandum (PDM) (March 11, 2015)              of subject merchandise entered, or
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  (Preliminary Results).
                                                                                                                                                                 Privacy Advisory Board (ISPAB) will
                                                                                                          withdrawn from warehouse, for                          meet Wednesday, October 21, 2015,
                                                     2 For a full description of the scope, see the
                                                                                                          consumption on or after the date of                    from 8:30 a.m. until 5:00 p.m. Eastern
                                                  Department Memorandum, ‘‘Issues and Decision
                                                  Memorandum for the Final Results of the                 publication of the final results of this               Time, Thursday, October 22, 2015, from
                                                  Countervailing Duty Administrative Review: Large                                                               8:30 a.m. until 5:00 p.m. Eastern Time,
                                                  Residential Washers from the Republic of Korea’’          4 See sections 771(5)(B) and (D) of the Act
                                                  (Issues and Decision Memorandum) (September 8,          regarding financial contribution; section 771(5)(E)
                                                                                                                                                                 and Friday, October 23, 2015, from 8:30
                                                  2015).                                                  of the Act regarding benefit; and, section 771(5A)     a.m. until 12:00 p.m. Eastern Time. All
                                                     3 Id.                                                of the Act regarding specificity.                      sessions will be open to the public.


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Document Created: 2015-12-15 10:09:30
Document Modified: 2015-12-15 10:09:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactToni Page AD/CVD Operations, Office VII, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1398.
FR Citation80 FR 55336 

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