80 FR 68508 - Large Residential Washers From the Republic of Korea: Amended Final Results of the Antidumping Duty Administrative Review; 2012-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 214 (November 5, 2015)
International Trade Administration
Federal Register Volume 80, Issue 214 (November 5, 2015)
| Page Range | 68508-68509 | |
| FR Document | 2015-28249 |
[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)] [Notices] [Pages 68508-68509] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-28249] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-868] Large Residential Washers From the Republic of Korea: Amended Final Results of the Antidumping Duty Administrative Review; 2012-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is amending the final results of the administrative review of the antidumping duty (AD) order on large residential washers (LRWs) from the Republic of Korea (Korea) to correct a ministerial error. The period of review (POR) is August 3, 2012, through January 31, 2014. DATES: Effective Date: November 5, 2015. FOR FURTHER INFORMATION CONTACT: David Goldberger or Reza Karamloo, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4136 or (202) 482-4470, respectively. SUPPLEMENTARY INFORMATION: Background On September 8, 2015, the Department issued the final results of the administrative review of the AD order on LRWs from Korea.\1\ On September 9, 2015, the Department disclosed to interested parties its calculations for the Final Results.\2\ On September 15, 2015, we received a timely ministerial error allegation from respondent LG Electronics, Inc. (LGE) regarding its margin calculation.\3\ We did not receive rebuttal comments from the petitioner. --------------------------------------------------------------------------- \1\ See Large Residential Washers from the Republic of Korea: Final Results of the Antidumping Duty Administrative Review; 2012- 2014, 80 FR 55595 (September 16, 2015) (Final Results), and accompanying Issues and Decision Memorandum. \2\ See Memorandum to the File, ``Final Results Margin Calculation for LGE,'' (September 8, 2015). \3\ See Letter from LGE, ``LG Electronics' Request for Correction of Clerical Errors--Large Residential Washers from Korea,'' (September 15, 2015). --------------------------------------------------------------------------- In the Final Results, we made a ministerial error by not excluding from our margin analysis certain U.S. sales with reported dates prior to August 3, 2012, the effective date of suspension of liquidation and the beginning of the POR.\4\ To correct the error identified by LGE, we included additional programming language in the margin program.\5\ --------------------------------------------------------------------------- \4\ See Memorandum to Melissa Skinner, Director, AD/CVD Operations, Office II, from David Goldberger and Reza Karamloo, International Trade Compliance Analysts, AD/CVD Operations, Office II, ``Ministerial Error Allegation for the Final Results,'' dated concurrently with this notice (Ministerial Error Memorandum). \5\ Id., at 2-3. --------------------------------------------------------------------------- Scope of the Order The products covered by the order are all large residential washers and certain subassemblies thereof from Korea. The products are currently classifiable under subheadings 8450.20.0040 and 8450.20.0080 of the Harmonized Tariff System of the United States (HTSUS). Products subject to this order may also enter under HTSUS subheadings 8450.11.0040, 8450.11.0080, 8450.90.2000, and 8450.90.6000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to this scope is dispositive.\6\ --------------------------------------------------------------------------- \6\ For a complete description of the scope of the order see the Issues and Decision Memorandum accompanying the Final Results. The HTSUS numbers are revised from the numbers previously stated in the scope. --------------------------------------------------------------------------- Ministerial Error Section 751(h) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.224(f) define a ``ministerial error'' as an error ``in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any similar type of unintentional error which the [[Page 68509]] Secretary considers ministerial.'' We analyzed the ministerial error allegation and determined, in accordance with section 751(h) of the Act and 19 CFR 351.224(e), that we made a ministerial error in identifying U.S. sales to be excluded from our analysis according to the reported entry date. In accordance with section 751(h) of the Act and 19 CFR 351.224(e), we are amending the Final Results with respect to LGE.\7\ The revised weighted-average dumping margin for LGE is detailed below. --------------------------------------------------------------------------- \7\ See Ministerial Error Memorandum. The weighted-average dumping margins for Daewoo Electronics Corporation (Daewoo) and Samsung Electronics Co., Ltd. (Samsung) in the Final Results have not changed. --------------------------------------------------------------------------- Amended Final Results of the Review As a result of correcting this ministerial error, we determine that the following weighted-average margin exists for LGE for the period August 3, 2012, through January 31, 2014: ------------------------------------------------------------------------ Weighted- average Manufacturer/Exporter dumping margin (percent) ------------------------------------------------------------------------ LG Electronics, Inc..................................... 1.38 ------------------------------------------------------------------------ Assessment Rates Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b)(1), the Department has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the amended final results of this review. The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the amended final results of this administrative review. For those sales where LGE reported the entered value of its U.S. sales, we calculated importer-specific ad valorem duty assessment rates based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the examined sales to that importer. For those sales where LGE did not report the entered value of its U.S. sales, we calculated importer-specific customer- specific per-unit duty assessment rates by aggregating the total amount of antidumping duties calculated for the examined sales and dividing this amount by the total quantity of those sales. To determine whether the duty assessment rate is de minimis, in accordance with the requirement set forth in 19 CFR 351.106(c)(2), we calculated an importer-specific ad valorem ratio based on the estimated entered value. Where an importer-specific assessment rate is zero or de minimis (i.e., less than 0.5 percent), the Department will instruct CBP to liquidate these entries without regard to antidumping duties pursuant to 19 CFR 351.106(c)(2). For Daewoo's and Samsung's U.S. sales, we based the assessment rate assigned to the corresponding entries on the weighted-average dumping margins listed in the Final Results. The Department clarified its ``automatic assessment'' regulation on May 6, 2003.\8\ If applicable, this clarification will apply to entries of subject merchandise during the POR produced by LGE, for which the company did not know that its merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate these entries at the all-others rate established in the less-than fair-value (LTFV) investigation, 11.80 percent,\9\ if there is no rate for the intermediary involved in the transaction. See Assessment Policy Notice for a full discussion of this clarification. --------------------------------------------------------------------------- \8\ See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). \9\ See Large Residential Washers From Mexico and the Republic of Korea: Antidumping Duty Orders, 78 FR 11148 (February 15, 2013) (AD Order). --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of amended final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for LGE will be equal to the weighted-average dumping margin established in the amended final results of this administrative review, as shown above; (2) the cash deposit rates for Daewoo and Samsung will continue to be equal to the weighted-average dumping margins established in the Final Results; (3) for merchandise exported by manufacturers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently-completed segment; (4) if the exporter is not a firm covered in this review, a prior review, or the original LTFV investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently-completed segment of this proceeding for the manufacturer of the merchandise; and (5) the cash deposit rate for all other manufacturers or exporters will continue to be 11.80 percent, the all-others rate determined in the LTFV investigation.\10\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \10\ Id. --------------------------------------------------------------------------- Notification to Importers Regarding the Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Disclosure We will disclose the calculations used in our analysis to parties to this proceeding within five days of the date of publication of this notice pursuant to 19 CFR 351.224(b). These amended final results of administrative review are issued and published in accordance with sections 751(h) and 777(i)(1) of the Act and 19 CFR 351.224(e). Dated: October 30, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-28249 Filed 11-4-15; 8:45 am] BILLING CODE 3510-DS-P
![68508 Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices
Final Critical Circumstances after the date that is 90 days prior to the order on LRWs from Korea.1 On
Determinations effective date of ‘‘provisional measures’’ September 9, 2015, the Department
We will issue final determinations (e.g., the date of publication in the disclosed to interested parties its
concerning critical circumstances when Federal Register of the notice of an calculations for the Final Results.2 On
we issue our final subsidy and less- affirmative preliminary determination of September 15, 2015, we received a
sales at less than fair value at above de timely ministerial error allegation from
than-fair-value determinations. All
minimis rates). At such time, we will respondent LG Electronics, Inc. (LGE)
interested parties will have the
also instruct CBP to require a cash regarding its margin calculation.3 We
opportunity to address these
deposit equal to the estimated did not receive rebuttal comments from
determinations in case briefs to be
preliminary dumping margins reflected the petitioner.
submitted after completion of the In the Final Results, we made a
preliminary subsidies and less than fair in the preliminary determination
published in the Federal Register. This ministerial error by not excluding from
value determinations. our margin analysis certain U.S. sales
suspension of liquidation will remain in
ITC Notification effect until further notice. with reported dates prior to August 3,
This notice is issued and published 2012, the effective date of suspension of
In accordance with sections 703(f)
pursuant to section 777(i) of the Act and liquidation and the beginning of the
and 733(f) of the Act, we will notify the
19 CFR 351.206(c)(2). POR.4 To correct the error identified by
ITC of our determinations.
LGE, we included additional
Suspension of Liquidation Dated: October 29, 2015. programming language in the margin
Paul Piquado, program.5
In accordance with sections 703(e)(2),
Assistant Secretary for Enforcement and
because we have preliminarily found Compliance. Scope of the Order
that critical circumstances exist with The products covered by the order are
[FR Doc. 2015–28252 Filed 11–4–15; 8:45 am]
regard to imports exported by certain all large residential washers and certain
BILLING CODE 3510–DS–P
producers and exporters, if we make an subassemblies thereof from Korea. The
affirmative preliminary determination products are currently classifiable under
that countervailable subsidies have been DEPARTMENT OF COMMERCE subheadings 8450.20.0040 and
provided to these same producers/ 8450.20.0080 of the Harmonized Tariff
exporters at above de minimis rates,53 International Trade Administration System of the United States (HTSUS).
we will instruct U.S. Customs and Products subject to this order may also
Border Protection (CBP) to suspend enter under HTSUS subheadings
[A–580–868]
liquidation of all entries of subject 8450.11.0040, 8450.11.0080,
merchandise from these producers/ Large Residential Washers From the 8450.90.2000, and 8450.90.6000.
exporters that are entered, or withdrawn Republic of Korea: Amended Final Although the HTSUS subheadings are
from warehouse, for consumption on or Results of the Antidumping Duty provided for convenience and customs
after the date that is 90 days prior to the Administrative Review; 2012–2014 purposes, the written description of the
effective date of ‘‘provisional measures’’ merchandise subject to this scope is
(e.g., the date of publication in the AGENCY: Enforcement and Compliance, dispositive.6
Federal Register of the notice of an International Trade Administration,
affirmative preliminary determination Department of Commerce. Ministerial Error
that countervailable subsidies have been SUMMARY: The Department of Commerce Section 751(h) of the Tariff Act of
provided at above de minimis rates). At (the Department) is amending the final 1930, as amended (the Act), and 19 CFR
such time, we will also instruct CBP to results of the administrative review of 351.224(f) define a ‘‘ministerial error’’ as
require a cash deposit equal to the the antidumping duty (AD) order on an error ‘‘in addition, subtraction, or
estimated preliminary subsidy rates large residential washers (LRWs) from other arithmetic function, clerical error
reflected in the preliminary the Republic of Korea (Korea) to correct resulting from inaccurate copying,
determination published in the Federal a ministerial error. The period of review duplication, or the like, and any similar
Register. This suspension of liquidation (POR) is August 3, 2012, through type of unintentional error which the
will remain in effect until further notice. January 31, 2014.
In accordance with sections 733(e)(2), 1 See Large Residential Washers from the
because we have preliminarily found DATES: Effective Date: November 5, Republic of Korea: Final Results of the
that critical circumstances exist with 2015. Antidumping Duty Administrative Review; 2012–
2014, 80 FR 55595 (September 16, 2015) (Final
regard to imports exported by certain FOR FURTHER INFORMATION CONTACT: Results), and accompanying Issues and Decision
producers and exporters, if we make an David Goldberger or Reza Karamloo, Memorandum.
affirmative preliminary determination AD/CVD Operations, Office II, 2 See Memorandum to the File, ‘‘Final Results
that sales at less than fair value have Margin Calculation for LGE,’’ (September 8, 2015).
Enforcement and Compliance, 3 See Letter from LGE, ‘‘LG Electronics’ Request
been made by these same producers/ International Trade Administration, for Correction of Clerical Errors—Large Residential
exporters at above de minimis rates,54 U.S. Department of Commerce, 14th Washers from Korea,’’ (September 15, 2015).
we will instruct CBP to suspend Street and Constitution Avenue NW., 4 See Memorandum to Melissa Skinner, Director,
liquidation of all entries of subject Washington, DC 20230; telephone: (202) AD/CVD Operations, Office II, from David
merchandise from these producers/ Goldberger and Reza Karamloo, International Trade
482–4136 or (202) 482–4470, Compliance Analysts, AD/CVD Operations, Office
exporters that are entered, or withdrawn
jstallworth on DSK7TPTVN1PROD with NOTICES
respectively. II, ‘‘Ministerial Error Allegation for the Final
from warehouse, for consumption on or Results,’’ dated concurrently with this notice
SUPPLEMENTARY INFORMATION: (Ministerial Error Memorandum).
53 The preliminary determinations concerning the 5 Id., at 2–3.
Background
provision of countervailable subsidies are currently 6 For a complete description of the scope of the
scheduled for November 2, 2015. On September 8, 2015, the order see the Issues and Decision Memorandum
54 The preliminary determinations concerning accompanying the Final Results. The HTSUS
sales at less than fair value are currently scheduled
Department issued the final results of numbers are revised from the numbers previously
for December 21, 2015. the administrative review of the AD stated in the scope.
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![Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices 68509
Secretary considers ministerial.’’ We calculated an importer-specific ad recently-completed segment of this
analyzed the ministerial error allegation valorem ratio based on the estimated proceeding for the manufacturer of the
and determined, in accordance with entered value. Where an importer- merchandise; and (5) the cash deposit
section 751(h) of the Act and 19 CFR specific assessment rate is zero or de rate for all other manufacturers or
351.224(e), that we made a ministerial minimis (i.e., less than 0.5 percent), the exporters will continue to be 11.80
error in identifying U.S. sales to be Department will instruct CBP to percent, the all-others rate determined
excluded from our analysis according to liquidate these entries without regard to in the LTFV investigation.10 These cash
the reported entry date. antidumping duties pursuant to 19 CFR deposit requirements, when imposed,
In accordance with section 751(h) of 351.106(c)(2). shall remain in effect until further
the Act and 19 CFR 351.224(e), we are For Daewoo’s and Samsung’s U.S. notice.
amending the Final Results with respect sales, we based the assessment rate
to LGE.7 The revised weighted-average assigned to the corresponding entries on Notification to Importers Regarding the
dumping margin for LGE is detailed the weighted-average dumping margins Reimbursement of Duties
below. listed in the Final Results.
The Department clarified its This notice also serves as a final
Amended Final Results of the Review ‘‘automatic assessment’’ regulation on reminder to importers of their
May 6, 2003.8 If applicable, this responsibility under 19 CFR
As a result of correcting this
clarification will apply to entries of 351.402(f)(2) to file a certificate
ministerial error, we determine that the
subject merchandise during the POR regarding the reimbursement of
following weighted-average margin
produced by LGE, for which the antidumping and/or countervailing
exists for LGE for the period August 3,
company did not know that its duties prior to liquidation of the
2012, through January 31, 2014:
merchandise was destined for the relevant entries during this review
Weighted- United States. In such instances, we will period. Failure to comply with this
average instruct CBP to liquidate these entries at requirement could result in the
Manufacturer/Exporter dumping the all-others rate established in the Secretary’s presumption that
margin reimbursement of antidumping and/or
(percent) less-than fair-value (LTFV)
investigation, 11.80 percent,9 if there is countervailing duties occurred and the
LG Electronics, Inc ............... 1.38 no rate for the intermediary involved in subsequent assessment of double
the transaction. See Assessment Policy antidumping duties.
Assessment Rates Notice for a full discussion of this Administrative Protective Order
clarification.
Pursuant to section 751(a)(2)(C) of the
Cash Deposit Requirements This notice also serves as a reminder
Act, and 19 CFR 351.212(b)(1), the
to parties subject to administrative
Department has determined, and U.S. The following cash deposit protective orders (APO) of their
Customs and Border Protection (CBP) requirements will be effective upon responsibility concerning the return or
shall assess, antidumping duties on all publication of the notice of amended destruction of proprietary information
appropriate entries of subject final results of administrative review for disclosed under APO in accordance
merchandise in accordance with the all shipments of the subject with 19 CFR 351.305(a)(3), which
amended final results of this review. merchandise entered, or withdrawn continues to govern business
The Department intends to issue from warehouse, for consumption on or proprietary information in this segment
appropriate assessment instructions after the date of publication, as provided of the proceeding. Timely written
directly to CBP 15 days after publication by section 751(a)(2)(C) of the Act: (1) notification of the return/destruction of
of the amended final results of this The cash deposit rate for LGE will be APO materials, or conversion to judicial
administrative review. equal to the weighted-average dumping
For those sales where LGE reported protective order, is hereby requested.
margin established in the amended final Failure to comply with the regulations
the entered value of its U.S. sales, we results of this administrative review, as
calculated importer-specific ad valorem and the terms of an APO is a
shown above; (2) the cash deposit rates sanctionable violation.
duty assessment rates based on the ratio for Daewoo and Samsung will continue
of the total amount of antidumping to be equal to the weighted-average Disclosure
duties calculated for the examined sales dumping margins established in the
to the total entered value of the Final Results; (3) for merchandise We will disclose the calculations used
examined sales to that importer. For exported by manufacturers or exporters in our analysis to parties to this
those sales where LGE did not report the not covered in this administrative proceeding within five days of the date
entered value of its U.S. sales, we review but covered in a prior segment of publication of this notice pursuant to
calculated importer-specific customer- of the proceeding, the cash deposit rate 19 CFR 351.224(b).
specific per-unit duty assessment rates will continue to be the company- These amended final results of
by aggregating the total amount of specific rate published for the most administrative review are issued and
antidumping duties calculated for the recently-completed segment; (4) if the published in accordance with sections
examined sales and dividing this exporter is not a firm covered in this 751(h) and 777(i)(1) of the Act and 19
amount by the total quantity of those review, a prior review, or the original CFR 351.224(e).
sales. To determine whether the duty LTFV investigation, but the Dated: October 30, 2015.
assessment rate is de minimis, in manufacturer is, the cash deposit rate
jstallworth on DSK7TPTVN1PROD with NOTICES
accordance with the requirement set will be the rate established for the most Paul Piquado,
forth in 19 CFR 351.106(c)(2), we Assistant Secretary for Enforcement and
8 See Antidumping and Countervailing Duty Compliance.
7 SeeMinisterial Error Memorandum. The Proceedings: Assessment of Antidumping Duties, 68 [FR Doc. 2015–28249 Filed 11–4–15; 8:45 am]
weighted-average dumping margins for Daewoo FR 23954 (May 6, 2003) (Assessment Policy Notice).
BILLING CODE 3510–DS–P
Electronics Corporation (Daewoo) and Samsung 9 See Large Residential Washers From Mexico and
Electronics Co., Ltd. (Samsung) in the Final Results the Republic of Korea: Antidumping Duty Orders,
have not changed. 78 FR 11148 (February 15, 2013) (AD Order). 10 Id.
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Document Created: 2015-12-14 15:02:48
Document Modified: 2015-12-14 15:02:48
| 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 | David Goldberger or Reza Karamloo, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4136 or (202) 482-4470, respectively. | |
| FR Citation | 80 FR 68508 |
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