81 FR 12873 - Large Residential Washers From Mexico: Preliminary Results of the Antidumping Duty Administrative Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 48 (March 11, 2016)
International Trade Administration
Federal Register Volume 81, Issue 48 (March 11, 2016)
| Page Range | 12873-12875 | |
| FR Document | 2016-05566 |
[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)] [Notices] [Pages 12873-12875] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05566] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-201-842] Large Residential Washers From Mexico: Preliminary Results of the Antidumping Duty Administrative Review; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on large residential washers from Mexico. The period of review (POR) is February 1, 2014, through January 31, 2015. The review covers one producer/ exporter of the subject merchandise, Electrolux Home Products Corp. N.V. and Electrolux Home Products de Mexico, S.A. de C.V. (collectively, Electrolux). We preliminarily determine that sales of subject merchandise by Electrolux have been made at prices below normal value (NV). We invite interested parties to comment on these preliminary results. DATES: Effective Date: March 11, 2016. 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. SUPPLEMENTARY INFORMATION: 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.\1\ --------------------------------------------------------------------------- \1\ A full description of the scope of the order is contained in the memorandum entitled ``Large Residential Washers from Mexico: Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review; 2014-2015,'' dated concurrently with and adopted by this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- [[Page 12874]] Methodology The Department conducted this review in accordance with sections 751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). Constructed export price is calculated in accordance with section 772 of the Act. NV is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum, which is hereby adopted by this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice. Preliminary Results of the Review \2\ --------------------------------------------------------------------------- \2\ As explained in the memorandum from the Acting Assistant Secretary for Enforcement & Compliance, the Department has exercised its discretion to toll all administrative deadlines due to the recent closure of the Federal Government. See Memorandum to the Record from Ron Lorentzen, Acting A/S for Enforcement & Compliance, regarding ``Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas,'' dated January 27, 2016. All deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the preliminary determination of this administrative review is now March 4, 2016. --------------------------------------------------------------------------- As a result of this review, the Department preliminarily determines that a weighted-average margin of 2.47 percent exists for Electrolux for the period February 1, 2014, through January 31, 2015. Disclosure and Public Comment We will disclose the calculations performed to parties in this segment of the proceeding within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties may submit case briefs not later than 30 days after the date of publication of this notice.\3\ Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.\4\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. --------------------------------------------------------------------------- \3\ See 19 CFR 351.309(c). \4\ See 19 CFR 351.309(d). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce. All documents must be filed electronically using ACCESS. An electronically filed request must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Standard Time, within 30 days after the date of publication of this notice.\5\ Requests should contain the party's name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230, at a time and date to be determined.\6\ Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. --------------------------------------------------------------------------- \5\ See 19 CFR 351.310(c). \6\ See 19 CFR 351.310(d). --------------------------------------------------------------------------- The Department intends to issue the final results of this administrative review, including the results of its analysis of issues raised in any written briefs, not later than 120 days after the date of publication of this notice, unless the deadline is extended.\7\ --------------------------------------------------------------------------- \7\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h). --------------------------------------------------------------------------- Assessment Rates Upon issuance of the final results, the Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review.\8\ --------------------------------------------------------------------------- \8\ See 19 CFR 351.212(b). --------------------------------------------------------------------------- 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. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer- specific assessment rate calculated in the final results of this review is above de minimis. Where either the exporter's weighted-average dumping margin is zero or de minimis, or the importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.\9\ --------------------------------------------------------------------------- \9\ See Antidumping Proceedings: Calculation of the Weighted- Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 2012); 19 CFR 351.106(c)(2). --------------------------------------------------------------------------- We intend to issue instructions to CBP 41 days after the publication date of the final results of this review. Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Electrolux will be the rate established in the final results of this review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously reviewed or investigated companies not participating in this review, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 11.80 percent, the all-others rate established in the less-than- fair-value investigation.\10\ These requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \10\ See Large Residential Washers From Mexico and the Republic of Korea: Antidumping Duty Orders, 78 FR 11148 (February 15, 2013). --------------------------------------------------------------------------- Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties [[Page 12875]] occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: March 4, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology A. Normal Value Comparisons 1. Determination of Comparison Method 2. Results of the Differential Pricing Analysis B. Product Comparisons C. Constructed Export Price D. Normal Value 1. Home Market Viability and Selection of Comparison Market 2. Affiliated Party Transactions and Arm's-Length Test 3. Level of Trade (LOT) E. Cost of Production (COP) Analysis 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of the COP Test F. Calculation of NV Based on Comparison Market Prices G. Calculation of NV Based on CV H. Currency Conversion V. Recommendation [FR Doc. 2016-05566 Filed 3-10-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Notices 12873
preliminary determination to the parties In accordance with section 705(b)(2) purposes only; the written description of the
within five days of the date of public of the Act, if our final determination is scope of this investigation is dispositive.
announcement of this determination in affirmative, the ITC will make its final [FR Doc. 2016–05575 Filed 3–10–16; 8:45 am]
accordance with 19 CFR 351.224(b). determination within 45 days after the BILLING CODE 3510–DS–P
Case briefs or other written comments Department makes its final
may be submitted to the Assistant determination.
Secretary for Enforcement and This determination is issued and DEPARTMENT OF COMMERCE
Compliance no later than seven days published pursuant to sections 703(f)
after the date on which the final International Trade Administration
and 777(i) of the Act and 19 CFR
verification report is issued in this 351.205(c). [A–201–842]
proceeding, and rebuttal briefs, limited
to issues raised in case briefs, may be Dated: March 4, 2016.
Large Residential Washers From
submitted no later than five days after Paul Piquado, Mexico: Preliminary Results of the
the deadline date for case briefs.9 A Assistant Secretary for Enforcement and Antidumping Duty Administrative
table of contents, list of authorities used, Compliance. Review; 2014–2015
and an executive summary of issues Appendix I
should accompany any briefs submitted AGENCY: Enforcement and Compliance,
to the Department, pursuant to 19 CFR List of Topics Discussed in the Preliminary International Trade Administration,
351.309(c)(2) and (d)(2). This summary Decision Memorandum Department of Commerce.
should be limited to five pages total, I. Summary SUMMARY: The Department of Commerce
including footnotes. II. Background (the Department) is conducting an
Pursuant to 19 CFR 351.310(c), III. Scope Comments administrative review of the
interested parties who wish to request a IV. Scope of the Investigation antidumping duty order on large
hearing must submit a written request to V. Alignment residential washers from Mexico. The
the Assistant Secretary for Enforcement VI. Injury Test period of review (POR) is February 1,
VII. Subsidies Valuation 2014, through January 31, 2015. The
and Compliance, U.S. Department of
VIII. Analysis of Programs review covers one producer/exporter of
Commerce, filed electronically using IX. Calculation of the All-Others Rate
ACCESS. An electronically-filed request the subject merchandise, Electrolux
X. ITC Notification
must be received successfully, and in its XI. Disclosure and Public Comment Home Products Corp. N.V. and
entirety, by ACCESS by 5:00 p.m. XII. Verification Electrolux Home Products de Mexico,
Eastern Time, within 30 days after the XIII. Conclusion S.A. de C.V. (collectively, Electrolux).
date of publication of this notice. We preliminarily determine that sales of
Requests should contain the party’s Appendix II subject merchandise by Electrolux have
name, address, and telephone number; Scope of the Investigation been made at prices below normal value
the number of participants; and a list of The merchandise covered by this (NV). We invite interested parties to
the issues to be discussed. If a request investigation is circular welded austenitic comment on these preliminary results.
for a hearing is made, the Department stainless pressure pipe not greater than 14 DATES: Effective Date: March 11, 2016.
intends to hold the hearing at the U.S. inches in outside diameter. References to size FOR FURTHER INFORMATION CONTACT:
Department of Commerce, 14th Street are in nominal inches and include all Brian Smith or Brandon Custard, AD/
and Constitution Avenue NW., products within tolerances allowed by pipe CVD Operations, Office II, Enforcement
Washington, DC 20230, at a date, time, specifications. This merchandise includes,
but is not limited to, the American Society
and Compliance, International Trade
and specific location to be determined. for Testing and Materials (‘‘ASTM’’) A–312 Administration, U.S. Department of
Parties will be notified of the date, time, or ASTM A–778 specifications, or Commerce, 14th Street and Constitution
and location of any hearing. Parties comparable domestic or foreign Avenue NW., Washington, DC 20230;
should confirm by telephone the date, specifications. ASTM A–358 products are telephone: (202) 482–1766 or (202) 482–
time, and location of the hearing two only included when they are produced to 1823.
days before the scheduled date. meet ASTM A–312 or ASTM A–778 SUPPLEMENTARY INFORMATION:
specifications, or comparable domestic or
International Trade Commission foreign specifications. Scope of the Order
Notification Excluded from the scope of the
The products covered by the order are
In accordance with section 703(f) of investigation are: (1) Welded stainless
mechanical tubing, meeting ASTM A–554 or all large residential washers and certain
the Act, we will notify the International subassemblies thereof from Mexico. The
comparable domestic or foreign
Trade Commission (‘‘ITC’’) of our specifications; (2) boiler, heat exchanger, products are currently classifiable under
determination. In addition, we are superheater, refining furnace, feedwater subheadings 8450.20.0040 and
making available to the ITC all non- heater, and condenser tubing, meeting ASTM 8450.20.0080 of the Harmonized Tariff
privileged and non-proprietary A–249, ASTM A–688 or comparable System of the United States (HTSUS).
information relating to this domestic or foreign specifications; and (3) Products subject to this order may also
investigation. We will allow the ITC specialized tubing, meeting ASTM A–269, enter under HTSUS subheadings
access to all privileged and business ASTM A–270 or comparable domestic or
8450.11.0040, 8450.11.0080,
proprietary information in our files, foreign specifications.
The subject imports are normally classified 8450.90.2000, and 8450.90.6000.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
provided the ITC confirms that it will Although the HTSUS subheadings are
in subheadings 7306.40.5005, 7306.40.5040,
not disclose such information, either provided for convenience and customs
7306.40.5062, 7306.40.5064, and
publicly or under an administrative 7306.40.5085 of the Harmonized Tariff purposes, the written description of the
protective order, without the written Schedule of the United States (‘‘HTSUS’’). merchandise subject to this scope is
consent of the Assistant Secretary for They may also enter under HTSUS dispositive.1
Enforcement and Compliance. subheadings 7306.40.1010, 7306.40.1015,
7306.40.5042, 7306.40.5044, 7306.40.5080, 1 A full description of the scope of the order is
9 See 19 CFR 351.309; see also 19 CFR 351.303 and 7306.40.5090. The HTSUS subheadings contained in the memorandum entitled ‘‘Large
(for general filing requirements). are provided for convenience and customs Continued
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![Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Notices 12875
occurred and the subsequent assessment DATES: Effective Date: March 11, 2016. is attached as an Appendix to this
of double antidumping duties. FOR FURTHER INFORMATION CONTACT: notice.
We are issuing and publishing these David Goldberger, AD/CVD Operations,
results in accordance with sections Preliminary Results of the Review 2
Office II, Enforcement and Compliance,
751(a)(1) and 777(i)(1) of the Act, and 19 International Trade Administration, As a result of this review, the
CFR 351.221(b)(4). U.S. Department of Commerce, 14th Department preliminarily determines
Dated: March 4, 2016. Street and Constitution Avenue NW., that a weighted-average margin of 1.64
Paul Piquado, Washington, DC 20230; telephone (202) percent exists for LGE for the period
482–4136. February 1, 2014, through January 31,
Assistant Secretary for Enforcement and
Compliance. SUPPLEMENTARY INFORMATION: 2015.
Appendix Scope of the Order Disclosure and Public Comment
List of Topics Discussed in the Preliminary The products covered by the order are We will disclose the calculations
Decision Memorandum all large residential washers and certain performed to parties in this segment of
I. Summary subassemblies thereof from Korea. The the proceeding within five days of the
II. Background products are currently classifiable under date of publication of this notice in
III. Scope of the Order subheadings 8450.20.0040 and accordance with 19 CFR 351.224(b).
IV. Discussion of the Methodology 8450.20.0080 of the Harmonized Tariff Interested parties may submit case
A. Normal Value Comparisons System of the United States (HTSUS). briefs not later than 30 days after the
1. Determination of Comparison Method Products subject to this order may also date of publication of this notice.3
2. Results of the Differential Pricing Rebuttal briefs, limited to issues raised
enter under HTSUS subheadings
Analysis
B. Product Comparisons 8450.11.0040, 8450.11.0080, in the case briefs, may be filed not later
C. Constructed Export Price 8450.90.2000, and 8450.90.6000. than five days after the date for filing
D. Normal Value Although the HTSUS subheadings are case briefs.4 Pursuant to 19 CFR
1. Home Market Viability and Selection of provided for convenience and customs 351.309(c)(2) and (d)(2), parties who
Comparison Market purposes, the written description of the submit case briefs or rebuttal briefs in
2. Affiliated Party Transactions and Arm’s- merchandise subject to this scope is this proceeding are encouraged to
Length Test dispositive.1 submit with each argument: (1) A
3. Level of Trade (LOT) statement of the issue; (2) a brief
E. Cost of Production (COP) Analysis Methodology
1. Calculation of COP summary of the argument; and (3) a
The Department conducted this table of authorities.
2. Test of Comparison Market Sales Prices
3. Results of the COP Test review in accordance with sections Pursuant to 19 CFR 351.310(c),
F. Calculation of NV Based on Comparison 751(a)(1)(B) and (2) of the Tariff Act of interested parties who wish to request a
Market Prices 1930, as amended (the Act). Export hearing must submit a written request to
G. Calculation of NV Based on CV price and constructed export price are the Assistant Secretary for Enforcement
H. Currency Conversion calculated in accordance with section and Compliance, U.S. Department of
V. Recommendation 772 of the Act. NV is calculated in Commerce. All documents must be filed
[FR Doc. 2016–05566 Filed 3–10–16; 8:45 am] accordance with section 773 of the Act. electronically using ACCESS. An
BILLING CODE 3510–DS–P For a full description of the electronically filed request must be
methodology underlying our received successfully in its entirety by
conclusions, see the Preliminary ACCESS by 5:00 p.m. Eastern Standard
DEPARTMENT OF COMMERCE Decision Memorandum, which is hereby Time, within 30 days after the date of
adopted by this notice. The Preliminary publication of this notice.5 Requests
International Trade Administration Decision Memorandum is a public should contain the party’s name,
[A–580–868] document and is on file electronically address, and telephone number, the
via Enforcement and Compliance’s number of participants, and a list of the
Large Residential Washers From the Antidumping and Countervailing Duty issues to be discussed. If a request for
Republic of Korea: Preliminary Results Centralized Electronic Service System a hearing is made, the Department
of the Antidumping Duty (ACCESS). ACCESS is available to intends to hold the hearing at the U.S.
Administrative Review; 2014–2015 registered users at http:// Department of Commerce, 14th Street
access.trade.gov and to all parties in the and Constitution Avenue NW.,
AGENCY: Enforcement and Compliance, Central Records Unit, room B8024 of the
International Trade Administration, Washington, DC 20230, at a time and
main Department of Commerce date to be determined.6 Parties should
Department of Commerce. building. In addition, a complete
SUMMARY: The Department of Commerce
confirm by telephone the date, time, and
version of the Preliminary Decision
(the Department) is conducting an Memorandum can be accessed at http:// 2 As explained in the memorandum from the
administrative review of the enforcement.trade.gov/frn/. The signed Acting Assistant Secretary for Enforcement &
antidumping duty order on large Preliminary Decision Memorandum and Compliance, the Department has exercised its
residential washers from the Republic of the electronic version of the Preliminary discretion to toll all administrative deadlines due
Korea. The period of review (POR) is to the recent closure of the Federal Government.
Decision Memorandum are identical in See Memorandum to the Record from Ron
February 1, 2014, through January 31,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
content. A list of the topics discussed in Lorentzen, Acting A/S for Enforcement &
2015. The review covers one producer/ the Preliminary Decision Memorandum Compliance, regarding ‘‘Tolling of Administrative
exporter of the subject merchandise, LG Deadlines As a Result of the Government Closure
Electronics, Inc. (LGE). We 1 A full description of the scope of the order is During Snowstorm Jonas,’’ dated January 27, 2016.
All deadlines in this segment of the proceeding
preliminarily determine that sales of contained in the memorandum entitled ‘‘Large
have been extended by four business days.
subject merchandise by LGE have been Residential Washers from Korea: Decision 3 See 19 CFR 351.309(c).
Memorandum for the Preliminary Results of the
made at prices below normal value Antidumping Duty Administrative Review; 2014–
4 See 19 CFR 351.309(d).
(NV). We invite interested parties to 2015,’’ dated concurrently with and adopted by this 5 See 19 CFR 351.310(c).
comment on these preliminary results. notice (Preliminary Decision Memorandum). 6 See 19 CFR 351.310(d).
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Document Created: 2016-03-11 01:51:22
Document Modified: 2016-03-11 01:51:22
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Brian Smith or Brandon Custard, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 1766 or (202) 482-1823. | |
| FR Citation | 81 FR 12873 |
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