81 FR 62715 - Large Residential Washers From the Republic of Korea: Final Results of the Antidumping Duty Administrative Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 176 (September 12, 2016)
International Trade Administration
Federal Register Volume 81, Issue 176 (September 12, 2016)
| Page Range | 62715-62717 | |
| FR Document | 2016-21858 |
[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)] [Notices] [Pages 62715-62717] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21858] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-868] Large Residential Washers From the Republic of Korea: Final Results of the Antidumping Duty Administrative Review; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 11, 2016, the Department of Commerce (the Department) published the preliminary results of the second administrative review of the antidumping duty (AD) order on large residential washers (LRWs) from Korea. The review covers one producer/exporter of the subject merchandise: LG Electronics, Inc. (LGE). We gave interested parties an opportunity to comment. After reviewing the comments received, we continue to find that LGE made sales of subject merchandise to the United States at prices below normal value. LGE's final dumping margin is listed below in the section entitled ``Final Results of the Review.'' DATES: Effective September 12, 2016. FOR FURTHER INFORMATION CONTACT: David Goldberger or Ross Belliveau, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, [[Page 62716]] U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4136 or (202) 482-4952, respectively. SUPPLEMENTARY INFORMATION: Background The review covers one producer/exporter of the subject merchandise: LGE. On March 11, 2016, the Department published the Preliminary Results.\1\ Based on our analysis of the comments received from Whirlpool Corporation (the petitioner) and LGE, we are changing the weighted-average dumping margin calculated for LGE in the Preliminary Results. The Department conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). --------------------------------------------------------------------------- \1\ See Large Residential Washers From the Republic of Korea: Preliminary Results of the Antidumping Duty Administrative Review; 2014-2015, 81 FR 12875 (March 11, 2016) (Preliminary Results). --------------------------------------------------------------------------- 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\ A full description of the scope of the order is contained in the memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review of Large Residential Washers from the Republic of Korea,'' dated concurrently with and adopted by this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs are addressed in the Issues and Decision Memorandum. A list of the issues which parties raised and to which we respond in the Issues and Decision Memorandum is attached to this notice as Appendix I. Period of Review The period of review is February 1, 2014, through January 31, 2015. Final Results of the Review Based on our analysis of the comments received, we made changes to the weighted-average dumping margin calculated for LGE in the Preliminary Results. Therefore, we are assigning the following weighted-average dumping margin for the period February 1, 2014, through January 31, 2015: ------------------------------------------------------------------------ Weighted- average dumping Manufacturer/exporter margin (percent) ------------------------------------------------------------------------ LG Electronics, Inc.................................... 1.62 ------------------------------------------------------------------------ We intend to disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding, in accordance with 19 CFR 351.224(b). Assessment Rates Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b)(1), the Department has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of this administrative review. For LGE, 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 LGE, for which the company did not know that its merchandise was destined for the United States, 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,\3\ if there is no rate for the intermediary involved in the transaction.\4\ --------------------------------------------------------------------------- \3\ See Large Residential Washers From Mexico and the Republic of Korea: Antidumping Duty Orders, 78 FR 11148 (February 15, 2013) (AD Order). \4\ See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). --------------------------------------------------------------------------- Cash Deposit Requirements The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for LGE will be equal to the weighted-average dumping margin established in the final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently-completed segment; (3) if the exporter is not a firm covered in this review, a prior review, or the original LTFV investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently-completed segment of this proceeding for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 11.80 percent, the all-others rate determined in the LTFV investigation.\5\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \5\ See Assessment Policy Notice. --------------------------------------------------------------------------- Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Order This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This notice is published in accordance with section 751(a)(1) and 777(i)(1) of the Act. [[Page 62717]] Dated: September 6, 2016. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix I List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Margin Calculations IV. Scope of the Order V. Discussion of the Issues 1. Exclusion of Sales of Merchandise Entered Prior to Date of Suspension 2. Whether Defective Merchandise Is Outside of the Scope 3. Exclusion of Re-Sales of Defective Merchandise 4. Exclusion of Potentially Double-Counted U.S. Sales 5. Methodological Issues in the Differential Pricing Analysis 6. Zeroing 7. Subassembly Import Value in Assessment Rate VI. Recommendation [FR Doc. 2016-21858 Filed 9-9-16; 8:45 a.m.] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Notices 62715
Period of Review investigation, 36.52 percent,4 if there is written notification of return/
no rate for the intermediary involved in destruction of APO materials or
The period of review is February 1, the transaction. conversion to judicial protective order is
2014, through January 31, 2015.
hereby requested. Failure to comply
Cash Deposit Requirements
Final Results of the Review with the regulations and the terms of an
The following deposit requirements APO is a sanctionable violation.
Based on our analysis of the will be effective upon publication of the This notice is published in
comments received, we did not make notice of final results of administrative accordance with section 751(a)(1) and
any changes to the weighted-average review for all shipments of the subject 777(i)(1) of the Act and 19 CFR
dumping margin calculated for merchandise entered, or withdrawn 351.213(h) and 351.221(b)(5) of the
Electrolux in the Preliminary Results. from warehouse, for consumption on or Department’s regulations.
Therefore, we are assigning the after the date of publication, as provided
following weighted-average dumping Dated: August 30, 2016.
by section 751(a)(2)(C) of the Act: (1)
margin for the period February 1, 2014, Paul Piquado,
The cash deposit rate for Electrolux will
through January 31, 2015: be equal to the weighted-average Assistant Secretary for Enforcement and
Compliance.
dumping margin established in the final
Weighted- results of this administrative review; (2) Appendix I
average
Manufacturer/exporter dumping for merchandise exported by
List of Topics Discussed in the Issues and
margin manufacturers or exporters not covered Decision Memorandum
(percent) in this administrative review but
I. Summary
covered in a prior segment of the II. Background
Electrolux Home Products proceeding, the cash deposit rate will
Corp. NV/Electrolux Home III. Margin Calculations
continue to be the company-specific rate IV. Scope of the Order
Products de Mexico, S.A.
published for the most recently- V. Discussion of Issues
de C.V ............................... 2.47
completed segment; (3) if the exporter is 1. Zeroing
not a firm covered in this review, a prior 2. Methodological Issues in the Differential
We intend to disclose the calculations review, or the original LTFV Pricing Analysis
performed within five days of the date investigation, but the manufacturer is, VI. Recommendation
of publication of this notice to parties in the cash deposit rate will be the rate [FR Doc. 2016–21500 Filed 9–9–16; 8:45 a.m.]
this proceeding in accordance with 19 established for the most recently- BILLING CODE 3510–DS–P
CFR 351.224(b). completed segment of this proceeding
Assessment Rates for the manufacturer of the
merchandise; and (4) the cash deposit DEPARTMENT OF COMMERCE
Pursuant to section 751(a)(2)(C) of the rate for all other manufacturers or
Act, and 19 CFR 351.212(b)(1), the exporters will continue to be 36.52 International Trade Administration
Department has determined, and CBP percent, the all-others rate determined [A–580–868]
shall assess, antidumping duties on all in the LTFV investigation.5 These cash
appropriate entries of subject deposit requirements, when imposed, Large Residential Washers From the
merchandise in accordance with the shall remain in effect until further Republic of Korea: Final Results of the
final results of this review. The notice. Antidumping Duty Administrative
Department intends to issue appropriate Review; 2014–2015
assessment instructions directly to CBP Notification to Importers
41 days after publication of the final This notice also serves as a final AGENCY: Enforcement and Compliance,
results of this administrative review. reminder to importers of their International Trade Administration,
responsibility under 19 CFR 351.402(f) Department of Commerce.
For Electrolux, the Department
calculated ad valorem importer-specific to file a certificate regarding the SUMMARY: On March 11, 2016, the
assessment rates equal to the total reimbursement of antidumping duties Department of Commerce (the
amount of dumping calculated for the prior to liquidation of the relevant Department) published the preliminary
importer’s examined sales and the total entries during this review period. results of the second administrative
entered value of those sales. Where an Failure to comply with this requirement review of the antidumping duty (AD)
importer-specific assessment rate is zero could result in the Secretary’s order on large residential washers
or de minimis (i.e., less than 0.5 presumption that reimbursement of (LRWs) from Korea. The review covers
percent), the Department will instruct antidumping duties occurred and the one producer/exporter of the subject
CBP to liquidate these entries without subsequent assessment of double merchandise: LG Electronics, Inc. (LGE).
regard to antidumping duties pursuant antidumping duties. We gave interested parties an
to 19 CFR 351.106(c)(2). opportunity to comment. After
Notification Regarding Administrative reviewing the comments received, we
If applicable, this clarification will Protective Order continue to find that LGE made sales of
apply to entries of subject merchandise
This notice serves as the only subject merchandise to the United
during the POR produced by Electrolux, reminder to parties subject to States at prices below normal value.
for which the company did not know administrative protective order (APO) of LGE’s final dumping margin is listed
that its merchandise was destined for their responsibility concerning the below in the section entitled ‘‘Final
sradovich on DSK3GMQ082PROD with NOTICES
the United States.3 In such instances, we disposition of proprietary information Results of the Review.’’
will instruct CBP to liquidate these disclosed under APO in accordance DATES: Effective September 12, 2016.
entries at the all-others rate established with 19 CFR 351.305(a)(3). Timely
in the less-than fair-value (LTFV) FOR FURTHER INFORMATION CONTACT:
4 See Large Residential Washers From Mexico and
David Goldberger or Ross Belliveau,
3 SeeAntidumping and Countervailing Duty the Republic of Korea: Antidumping Duty Orders, AD/CVD Operations, Office II,
Proceedings: Assessment of Antidumping Duties, 68 78 FR 11148 (February 15, 2013) (AD Order). Enforcement and Compliance,
FR 23954 (May 6, 2003) (Assessment Policy Notice). 5 Id. International Trade Administration,
VerDate Sep<11>2014 18:40 Sep 09, 2016 Jkt 238001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM 12SEN1](https://thefederalregister.org/doc/81_FR_62891/page/1.svg)
![Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Notices 62717
Dated: September 6, 2016. Preliminary Results.1 On March 11, written description of the scope of the
Christian Marsh, 2016, VASEP 2 filed surrogate value order is dispositive. A full description
Deputy Assistant Secretary for Antidumping information rebutting certain surrogate of the scope of the Order is available in
and Countervailing Duty Operations. values we applied in the Preliminary the accompanying Issues and Decision
Results. We gave interested parties an Memorandum.8
Appendix I
opportunity to comment on the
List of Topics Discussed in the Issues and
Analysis of Comments Received
Preliminary Results. On March 11, 2016,
Decision Memorandum Viet Hai Seafood Co., Ltd. (‘‘Fish One’’) All issues raised in the case and
I. Summary requested a public hearing and filed its rebuttal briefs by parties to this review
II. Background case brief on April 1, 2016. On April 25, are addressed in the accompanying
III. Margin Calculations 2016, VASEP filed a case brief. On May Issues and Decision Memorandum.9 A
IV. Scope of the Order 2, 2016, Petitioner 3 and Domestic list of the issues which parties raised,
V. Discussion of the Issues Processors 4 filed their rebuttal briefs. and to which we respond in the Issues
1. Exclusion of Sales of Merchandise and Decision Memorandum is attached
Entered Prior to Date of Suspension
On June 17, 2016, the Department
extended the time limit for these final to this notice as an Appendix. The
2. Whether Defective Merchandise Is
Outside of the Scope results by 60 days. Issues and Decision Memorandum is a
3. Exclusion of Re-Sales of Defective On July 6, 2016, VASEP, Petitioner, public document and is on file
Merchandise and Domestic Processors withdrew their electronically via Enforcement and
4. Exclusion of Potentially Double-Counted requests for review with respect to the Compliance’s Antidumping and
U.S. Sales Minh Phu Group and requested that the Countervailing Duty Centralized
5. Methodological Issues in the Differential Department exercise its authority to Electronic Service System (ACCESS).
Pricing Analysis extend the 90-day deadline to withdraw ACCESS is available to registered users
6. Zeroing the requests for review and rescind the at http://access.trade.gov and in the
7. Subassembly Import Value in Central Records Unit, Room B8024 of
Assessment Rate
administrative review, in part, under
VI. Recommendation extraordinary circumstances.5 On July the main Department of Commerce
18, 2016, we determined that the parties building. In addition, a complete
[FR Doc. 2016–21858 Filed 9–9–16; 8:45 a.m.] version of the Issues and Decision
demonstrated that extraordinary
BILLING CODE 3510–DS–P
circumstances exist for this segment of Memorandum can be accessed directly
the proceeding and, thus, found that on the internet at http://
good cause existed to extend the enforcement.trade.gov/frn/index.html.
DEPARTMENT OF COMMERCE The signed Issues and Decision
deadline to withdraw their respective
International Trade Administration review requests of the Minh Phu Group, Memorandum and electronic versions of
pursuant to 19 CFR 351.302(b). We the Issues and Decision Memorandum
[A–552–802] rescinded the review with respect to the are identical in content.
Minh Phu Group on July 22, 2016.6 Final Determination of No Shipments
Certain Frozen Warmwater Shrimp
From the Socialist Republic of Scope of the Order 7 In the Preliminary Results, the
Vietnam: Final Results of Antidumping The merchandise subject to the order Department determined the following
Duty Administrative Review, 2014– is certain frozen warmwater shrimp. companies did not have any reviewable
2015 The product is currently classified transactions during the POR: (1) BIM
under the following Harmonized Tariff Seafood Joint Stock Company; (2) Bien
AGENCY: Enforcement and Compliance,
Schedule of the United States item Dong Seafood Co., Ltd.; (3) Cafatex
International Trade Administration,
numbers: 0306.17.00.03, 0306.17.00.06, Fishery Joint Stock Corporation; (4)
Department of Commerce.
0306.17.00.09, 0306.17.00.12, Camranh Seafoods Processing
SUMMARY: On March 10, 2016, the
0306.17.00.15, 0306.17.00.18, Enterprise Pte.; (5) Coastal Fisheries
Department of Commerce Development Corporation; (6) Bentre
0306.17.00.21, 0306.17.00.24,
(‘‘Department’’) published in the Forestry Aquaproduct Import-Export
0306.17.00.27, 0306.17.00.40,
Federal Register the preliminary results Joint Stock Company; (7) Fine Foods
1605.21.10.30, and 1605.29.10.10. The
of the tenth administrative review of the Co.; (8) Gallant Ocean (Vietnam) Co.,
antidumping duty order on certain 1 See Certain Frozen Warmwater Shrimp From the Ltd.; (9) Long Toan Frozen Aquatic
warmwater shrimp from the Socialist Socialist Republic of Vietnam: Preliminary Results Products Joint Stock Company; (10)
Republic of Vietnam (‘‘Vietnam’’). Based of Antidumping Duty Administrative Review and Nhat Duc Co., Ltd.; (11) Ngo Bros
upon our analysis of the comments and Partial Rescission of Review; 2014–2015, 81 FR
12702 (March 10, 2016) (‘‘Preliminary Results’’). Seaproducts Import-Export One Member
information received, we determine that 2 Vietnam Association of Seafood Exporters and Company Limited; (12) Thong Thuan
Stapimex sold subject merchandise at Producers (‘‘VASEP’’). Seafood Company Limited; (13) Tacvan
less than normal value (‘‘NV’’) during 3 Ad Hoc Shrimp Trade Action Committee
Seafoods Company; (14) Tan Phong Phu
the period of review (‘‘POR’’), February (‘‘Petitioner’’).
Seafood Co., Ltd.; and (15) Vinh Hoan
1, 2014, through January 31, 2015. 4 American Shrimp Processors Association
Corporation. As we have not received
(‘‘Domestic Processors’’).
DATES: Effective September 12, 2016. 5 See Withdrawal of Review Requests from any information to contradict this
FOR FURTHER INFORMATION CONTACT: VASEP, Petitioner and Domestic Processors, dated
Irene Gorelik, AD/CVD Operations, July 6, 2016. 8 See Memorandum to Christian Marsh, Acting
6 See Certain Frozen Warmwater Shrimp From the Assistant Secretary for Enforcement and
Office V, Enforcement and Compliance,
sradovich on DSK3GMQ082PROD with NOTICES
Socialist Republic of Vietnam: Partial Rescission of Compliance, From Gary Taverman, Associate
International Trade Administration, Antidumping Duty Administrative Reviews (2014– Deputy Assistant Secretary for Antidumping and
Department of Commerce, 14th Street 2015; 2015–2016) and Compromise of Outstanding Countervailing Duty Operations, Certain Frozen
and Constitution Avenue NW., Claims, 81 FR 47758 (July 22, 2016). Warmwater Shrimp from the Socialist Republic of
Washington, DC 20230; telephone: (202) 7 See Notice of Amended Final Determination of Vietnam: Issues and Decision Memorandum for the
Sales at Less Than Fair Value and Antidumping Final Results, (‘‘Issues and Decision
482–6905. Memorandum’’) dated concurrently and hereby
Duty Order: Certain Frozen Warmwater Shrimp
SUPPLEMENTARY INFORMATION: On March From the Socialist Republic of Vietnam, 70 FR 5152 adopted by this notice.
10, 2016, the Department published the (February 1, 2005) (‘‘Order’’). 9 Id.
VerDate Sep<11>2014 18:40 Sep 09, 2016 Jkt 238001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM 12SEN1](https://thefederalregister.org/doc/81_FR_62891/page/3.svg)
Document Created: 2016-09-10 00:56:30
Document Modified: 2016-09-10 00:56:30
| 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 | |
| Dates | Effective September 12, 2016. | |
| Contact | David Goldberger or Ross Belliveau, 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) 482-4952, respectively. | |
| FR Citation | 81 FR 62715 |
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