80_FR_68724 80 FR 68510 - Large Residential Washers From Mexico: Amended Final Results of the Antidumping Duty Administrative Review; 2012-2014

80 FR 68510 - Large Residential Washers From Mexico: 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)

Page Range68510-68511
FR Document2015-28248

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 Mexico to correct ministerial errors. The period of review (POR) is August 3, 2012, through January 31, 2014.

Federal Register, Volume 80 Issue 214 (Thursday, November 5, 2015) 
[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Notices]
[Pages 68510-68511]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28248]



[[Page 68510]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-842]


Large Residential Washers From Mexico: 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 Mexico to correct 
ministerial errors. The period of review (POR) is August 3, 2012, 
through January 31, 2014.

DATES: Effective date: November 5, 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

    On September 8, 2015, the Department issued the final results of 
the administrative review of the AD order on LRWs from Mexico.\1\ On 
September 10, 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 the respondent 
Electrolux Home Products Corp. N.V. and Electrolux Home Products de 
Mexico, S.A. de C.V. (collectively, Electrolux) regarding its margin 
calculation.\3\ On September 21, 2015, the petitioner filed comments 
agreeing with this allegation.\4\
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    \1\ See Large Residential Washers From Mexico: Final Results of 
the Antidumping Duty Administrative Review; 2012-2014, 80 FR 55335 
(September 15, 2015) (Final Results), and accompanying Issues and 
Decision Memorandum (Final Results I&D Memorandum).
    \2\ See ``Final Results Calculation Memorandum for Electrolux,'' 
dated September 8, 2015.
    \3\ See ``Large Residential Washers from Mexico: Ministerial 
Error Comments,'' dated September 15, 2015.
    \4\ See ``Large Residential Washers from Mexico: Petitioner's 
Reply To Electrolux's Ministerial Error Submission,'' dated 
September 22, 2015.
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    Based on our analysis of the allegation, we determined that we made 
two ministerial errors with respect to currency conversions related to 
certain movement expenses incurred on third country sales.\5\ As 
explained in the Ministerial Error Decision Memorandum, correction of 
these errors changes the results of our differential pricing analysis 
such that we determined it appropriate to apply the mixed alternative 
method in making U.S. price and normal value comparisons in calculating 
the amended weighted-average dumping margin for Electrolux.
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    \5\ See Memorandum from Brian Smith, Team Leader, to Melissa 
Skinner, Director, Office II, ``2012-2014 Administrative Review of 
the Antidumping Duty Order on Large Residential Washers from Mexico: 
Ministerial Error Allegation for the Amended Final Results,'' dated 
concurrently with this notice (Ministerial Error Decision 
Memorandum).
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    In the Final Results, we did not address certain comments regarding 
differential pricing and zeroing raised in the case brief submitted by 
Electrolux, noting that those issues were moot because the Department 
continued to apply (since the preliminary results) the standard A-to-A 
method to calculate Electrolux's weighted-average dumping margin.\6\ 
However, the correction of the ministerial errors changed the results 
of our differential pricing analysis such that we are no longer 
applying the A-to-A method in calculating Electrolux's final amended 
dumping margin. As a result, the differential pricing and zeroing 
issues raised by Electrolux are no longer moot and we addressed them in 
a separate memorandum accompanying this notice. See the Issues and 
Decision Memorandum \7\ which 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.
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    \6\ See Final Results I&D Memorandum at Comments 3-5.
    \7\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, from 
Brian Smith and Reza Karamloo, ``Issues and Decision Memorandum for 
the Amended 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).
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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.\8\
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    \8\ For a complete description of the scope of the order, see 
the Final Results I&D Memorandum.
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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 Secretary considers 
ministerial.'' As discussed above, 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 ministerial errors in our 
calculation of Electrolux's margin in the Final Results due to an 
inadvertent currency assignment affecting certain movement expenses 
associated with third country sales.
    In accordance with section 751(h) of the Act and 19 CFR 351.224(e), 
we are amending the Final Results with respect to Electrolux.\9\ The 
revised weighted-average dumping margin for Electrolux is detailed 
below.
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    \9\ See Ministerial Error Decision Memorandum.
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Amended Final Results of the Review

    As a result of correcting this ministerial error, we determine that 
the following weighted-average dumping margin exists for the period 
August 3, 2012, through January 31, 2014:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                 Manufacturer/Exporter                        margin
                                                            (percent)
------------------------------------------------------------------------
Electrolux Home Products Corp. NV/Electrolux Home                  6.22
 Products de Mexico, S.A. de C.V.......................
------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), the

[[Page 68511]]

Department has determined, and 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 41 days after 
publication of the amended 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).
    For entries of subject merchandise during the POR produced by 
Electrolux which it did not know were destined for the United States, 
we will instruct CBP to liquidate unreviewed entries at the all-others 
rate if there is no rate for the intermediate company or companies 
involved in the transaction.\10\
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    \10\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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 Electrolux will be equal to the weighted-average 
dumping margin established in the amended 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 less-than-fair-value (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.\11\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \11\ See Large Residential Washers From Mexico and the Republic 
of Korea: Antidumping Duty Orders, 78 FR 11148 (February 15, 2013) 
(AD Order).
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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 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.

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. 2015-28248 Filed 11-4-15; 8:45 a.m.]
 BILLING CODE 3510-DS-P

68510 Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices DEPARTMENT OF COMMERCE movement expenses incurred on third Scope of the Order country sales.5 As explained in the The products covered by the order are International Trade Administration Ministerial Error Decision all large residential washers and certain [A–201–842] Memorandum, correction of these errors subassemblies thereof from Mexico. The changes the results of our differential products are currently classifiable under Large Residential Washers From pricing analysis such that we subheadings 8450.20.0040 and Mexico: Amended Final Results of the determined it appropriate to apply the 8450.20.0080 of the Harmonized Tariff Antidumping Duty Administrative mixed alternative method in making System of the United States (HTSUS). Review; 2012–2014 U.S. price and normal value Products subject to this order may also comparisons in calculating the amended enter under HTSUS subheadings AGENCY: Enforcement and Compliance, weighted-average dumping margin for 8450.11.0040, 8450.11.0080, International Trade Administration, Electrolux. 8450.90.2000, and 8450.90.6000. Department of Commerce. In the Final Results, we did not Although the HTSUS subheadings are SUMMARY: The Department of Commerce provided for convenience and customs (the Department) is amending the final address certain comments regarding purposes, the written description of the results of the administrative review of differential pricing and zeroing raised in merchandise subject to this scope is the antidumping duty (AD) order on the case brief submitted by Electrolux, dispositive.8 large residential washers (LRWs) from noting that those issues were moot Mexico to correct ministerial errors. The because the Department continued to Ministerial Error period of review (POR) is August 3, apply (since the preliminary results) the Section 751(h) of the Tariff Act of 2012, through January 31, 2014. standard A-to-A method to calculate 1930, as amended (the Act), and 19 CFR DATES: Effective date: November 5, Electrolux’s weighted-average dumping 351.224(f) define a ‘‘ministerial error’’ as 2015. margin.6 However, the correction of the an error ‘‘in addition, subtraction, or ministerial errors changed the results of other arithmetic function, clerical error FOR FURTHER INFORMATION CONTACT: our differential pricing analysis such resulting from inaccurate copying, Brian Smith or Brandon Custard, AD/ that we are no longer applying the A-to- duplication, or the like, and any similar CVD Operations, Office II, Enforcement A method in calculating Electrolux’s type of unintentional error which the and Compliance, International Trade final amended dumping margin. As a Secretary considers ministerial.’’ As Administration, U.S. Department of result, the differential pricing and discussed above, we analyzed the Commerce, 14th Street and Constitution zeroing issues raised by Electrolux are ministerial error allegation and Avenue NW., Washington, DC 20230; no longer moot and we addressed them determined, in accordance with section telephone: (202) 482–1766 or (202) 482– in a separate memorandum 751(h) of the Act and 19 CFR 351.224(e), 1823, respectively. accompanying this notice. See the that we made ministerial errors in our SUPPLEMENTARY INFORMATION: calculation of Electrolux’s margin in the Issues and Decision Memorandum 7 Background which is a public document and is on Final Results due to an inadvertent file electronically via Enforcement and currency assignment affecting certain On September 8, 2015, the movement expenses associated with Department issued the final results of Compliance’s AD and Countervailing Duty (CVD) Centralized Electronic third country sales. the administrative review of the AD In accordance with section 751(h) of order on LRWs from Mexico.1 On Service System (ACCESS). ACCESS is available to registered users at http:// the Act and 19 CFR 351.224(e), we are September 10, 2015, the Department amending the Final Results with respect disclosed to interested parties its access.trade.gov and in the Central Records Unit, room B8024 of the main to Electrolux.9 The revised weighted- calculations for the Final Results.2 On average dumping margin for Electrolux September 15, 2015, we received a Department of Commerce building. In is detailed below. timely ministerial error allegation from addition, a complete version of the the respondent Electrolux Home Issues and Decision Memorandum can Amended Final Results of the Review Products Corp. N.V. and Electrolux be accessed directly at http:// As a result of correcting this Home Products de Mexico, S.A. de C.V. enforcement.trade.gov/frn/index.html. ministerial error, we determine that the (collectively, Electrolux) regarding its The signed Issues and Decision following weighted-average dumping margin calculation.3 On September 21, Memorandum and the electronic margin exists for the period August 3, 2015, the petitioner filed comments version of the Issues and Decision 2012, through January 31, 2014: agreeing with this allegation.4 Memorandum are identical in content. Based on our analysis of the Weighted- allegation, we determined that we made 5 See Memorandum from Brian Smith, Team average Leader, to Melissa Skinner, Director, Office II, Manufacturer/Exporter dumping two ministerial errors with respect to margin ‘‘2012–2014 Administrative Review of the currency conversions related to certain Antidumping Duty Order on Large Residential (percent) Washers from Mexico: Ministerial Error Allegation 1 See Large Residential Washers From Mexico: for the Amended Final Results,’’ dated concurrently Electrolux Home Products Final Results of the Antidumping Duty with this notice (Ministerial Error Decision Corp. NV/Electrolux Home Administrative Review; 2012–2014, 80 FR 55335 Memorandum). Products de Mexico, S.A. (September 15, 2015) (Final Results), and 6 See Final Results I&D Memorandum at de C.V ............................... 6.22 accompanying Issues and Decision Memorandum Comments 3–5. jstallworth on DSK7TPTVN1PROD with NOTICES (Final Results I&D Memorandum). 7 See Memorandum to Christian Marsh, Deputy 2 See ‘‘Final Results Calculation Memorandum for Assistant Secretary for Antidumping and Assessment Rates Electrolux,’’ dated September 8, 2015. Countervailing Duty Operations, from Brian Smith Pursuant to section 751(a)(2)(C) of the 3 See ‘‘Large Residential Washers from Mexico: and Reza Karamloo, ‘‘Issues and Decision Act, and 19 CFR 351.212(b)(1), the Ministerial Error Comments,’’ dated September 15, Memorandum for the Amended Final Results of the 2015. Antidumping Duty Administrative Review of Large 4 See ‘‘Large Residential Washers from Mexico: 8 For a complete description of the scope of the Residential Washers from Mexico,’’ dated Petitioner’s Reply To Electrolux’s Ministerial Error concurrently with and adopted by this notice order, see the Final Results I&D Memorandum. Submission,’’ dated September 22, 2015. (Issues and Decision Memorandum). 9 See Ministerial Error Decision Memorandum. VerDate Sep<11>2014 15:06 Nov 04, 2015 Jkt 238001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\05NON1.SGM 05NON1

Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices 68511 Department has determined, and CBP in the LTFV investigation.11 These cash DEPARTMENT OF COMMERCE shall assess, antidumping duties on all deposit requirements, when imposed, appropriate entries of subject shall remain in effect until further International Trade Administration merchandise in accordance with the notice. [A–570–007] amended final results of this review. The Department intends to issue Notification to Importers Regarding the Barium Chloride From the People’s appropriate assessment instructions Reimbursement of Duties Republic of China: Continuation of directly to CBP 41 days after publication Antidumping Duty Order This notice also serves as a final of the amended final results of this reminder to importers of their AGENCY: Enforcement and Compliance, administrative review. For Electrolux, the Department responsibility under 19 CFR International Trade Administration, calculated ad valorem importer-specific 351.402(f)(2) to file a certificate Department of Commerce. assessment rates equal to the total regarding the reimbursement of ACTION: Notice. amount of dumping calculated for the antidumping duties prior to liquidation importer’s examined sales and the total of the relevant entries during this SUMMARY: As a result of the entered value of those sales. Where an review period. Failure to comply with determinations by the Department of importer-specific assessment rate is zero this requirement could result in the Commerce (the ‘‘Department’’) and the or de minimis (i.e., less than 0.5 Secretary’s presumption that International Trade Commission (the percent), the Department will instruct reimbursement of antidumping duties ‘‘ITC’’) that revocation of the CBP to liquidate these entries without occurred and the subsequent assessment antidumping duty (‘‘AD’’) order on regard to antidumping duties pursuant of double antidumping duties. barium chloride from the People’s to 19 CFR 351.106(c)(2). Republic of China (‘‘PRC’’) would likely For entries of subject merchandise Administrative Protective Order lead to a continuation or recurrence of during the POR produced by Electrolux dumping and material injury to an This notice also serves as a reminder which it did not know were destined for industry in the United States, the to parties subject to administrative the United States, we will instruct CBP Department is publishing a notice of protective orders (APO) of their continuation of the antidumping duty to liquidate unreviewed entries at the responsibility concerning the return or order. all-others rate if there is no rate for the intermediate company or companies destruction of proprietary information disclosed under APO in accordance DATES: Effective Date: November 5, involved in the transaction.10 2015. with 19 CFR 351.305(a)(3), which Cash Deposit Requirements continues to govern business FOR FURTHER INFORMATION CONTACT: The following cash deposit proprietary information in this segment Irene Gorelik, AD/CVD Operations, requirements will be effective upon of the proceeding. Timely written Office V, Enforcement and Compliance, publication of the notice of amended notification of the return/destruction of International Trade Administration, final results of administrative review for APO materials, or conversion to judicial U.S. Department of Commerce, 14th all shipments of the subject protective order, is hereby requested. Street and Constitution Avenue NW., merchandise entered, or withdrawn Failure to comply with the regulations Washington, DC 20230; telephone: (202) from warehouse, for consumption on or and the terms of an APO is a 482–6905. after the date of publication, as provided sanctionable violation. SUPPLEMENTARY INFORMATION: by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Electrolux will Disclosure Background be equal to the weighted-average On August 27, 1984, the Department We will disclose the calculations used dumping margin established in the published the final determination in the in our analysis to parties to this amended final results of this antidumping duty investigation of administrative review; (2) for proceeding within five days of the date barium chloride from the PRC.1 On merchandise exported by manufacturers of publication of this notice pursuant to October 17, 1984, the Department issued or exporters not covered in this 19 CFR 351.224(b). an antidumping duty order on imports administrative review but covered in a These amended final results of of barium chloride from the PRC.2 prior segment of the proceeding, the administrative review are issued and On May 1, 2015, the Department cash deposit rate will continue to be the published in accordance with sections initiated the fourth five-year (‘‘sunset’’) company-specific rate published for the 751(h) and 777(i)(1) of the Act and 19 review of the AD order on barium most recently-completed segment; (3) if CFR 351.224(e). chloride from the PRC pursuant to the exporter is not a firm covered in this section 751(c) of the Tariff Act of 1930, Dated: October 30, 2015. review, a prior review, or the original as amended (the ‘‘Act’’).3 As a result of less-than-fair-value (LTFV) Paul Piquado, its review, the Department determined investigation, but the manufacturer is, Assistant Secretary for Enforcement and that revocation of the antidumping duty the cash deposit rate will be the rate Compliance. order on barium chloride from the PRC established for the most recently- [FR Doc. 2015–28248 Filed 11–4–15; 8:45 a.m.] would likely lead to a continuation or completed segment of this proceeding BILLING CODE 3510–DS–P recurrence of dumping and, therefore, for the manufacturer of the jstallworth on DSK7TPTVN1PROD with NOTICES merchandise; and (4) the cash deposit 1 See Final Determination of Sales at Less Than rate for all other manufacturers or Fair Value; Barium Chloride From the People’s Republic of China, 49 FR 33916 (August 27, 1984) exporters will continue to be 36.52 (‘‘Final Determination’’). percent, the all-others rate determined 2 See Antidumping Duty Order; Barium Chloride 11 See Large Residential Washers From Mexico From the People’s Republic of China, 49 FR 40635 10 SeeAntidumping and Countervailing Duty and the Republic of Korea: Antidumping Duty (October 17, 1984) (‘‘Order’’). Proceedings: Assessment of Antidumping Duties, 68 Orders, 78 FR 11148 (February 15, 2013) (AD 3 See Initiation of Five-Year (‘‘Sunset’’) Review, 80 FR 23954 (May 6, 2003). Order). FR 24900 (May 1, 2015). VerDate Sep<11>2014 15:06 Nov 04, 2015 Jkt 238001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\05NON1.SGM 05NON1


Document Created: 2015-12-14 15:02:40
Document Modified: 2015-12-14 15:02:40
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
ContactBrian 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 Citation80 FR 68510 
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