82 FR 27075 - Large Residential Washers; Institution and Scheduling of Safeguard Investigation and Determination That the Investigation Is Extraordinarily Complicated

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 112 (June 13, 2017)

Following receipt of a petition for import relief, as amended and properly filed on June 5, 2017, the Commission has instituted investigation No. TA-201-76 pursuant to section 202 of the Trade Act of 1974 (``the Act'') to determine whether large residential washers (``LRWs'') are being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported articles. The Commission has deemed the petition, as amended, to have been properly filed on June 5, 2017. The Commission has determined that this investigation is ``extraordinarily complicated,'' and will make its injury determination within 122 days after the petition was filed, or by October 5, 2017. The Commission will submit to the President the report required under section 202(f) of the Act within 180 days after the date on which the petition was deemed filed, or by December 4, 2017.

[Federal Register Volume 82, Number 112 (Tuesday, June 13, 2017)]
[Notices]
[Pages 27075-27078]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12160]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. TA-201-76]


Large Residential Washers; Institution and Scheduling of 
Safeguard Investigation and Determination That the Investigation Is 
Extraordinarily Complicated

AGENCY: United States International Trade Commission.

ACTION: Notice of institution of investigation and scheduling of public 
hearings.

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SUMMARY: Following receipt of a petition for import relief, as amended 
and properly filed on June 5, 2017, the Commission has instituted 
investigation No. TA-201-76 pursuant to section 202 of the Trade Act of 
1974 (``the Act'') to determine whether large residential washers 
(``LRWs'') are being imported into the United States in such increased 
quantities as to be a substantial cause of serious injury, or the 
threat thereof, to the domestic industry producing an article like or 
directly competitive with the imported articles. The Commission

[[Page 27076]]

has deemed the petition, as amended, to have been properly filed on 
June 5, 2017. The Commission has determined that this investigation is 
``extraordinarily complicated,'' and will make its injury determination 
within 122 days after the petition was filed, or by October 5, 2017. 
The Commission will submit to the President the report required under 
section 202(f) of the Act within 180 days after the date on which the 
petition was deemed filed, or by December 4, 2017.

DATES:  Effective June 5, 2017.

FOR FURTHER INFORMATION CONTACT:  Michael Szustakowski (202-205-3169), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--This investigation is being instituted, pursuant to 
section 202 of the Act (19 U.S.C. 2252), in response to a petition, as 
amended and properly filed on June 5, 2017, by Whirlpool Corporation 
(``Whirlpool''), a producer of LRWs in the United States. Whirlpool 
alleges that LRWs are being imported into the United States in such 
increased quantities as to be a substantial cause of serious injury, or 
the threat thereof, to the domestic industry producing an article like 
or directly competitive with the imported article. The Commission must 
submit its report on this investigation to the President no later than 
180 days after institution, which in this case falls on December 4, 
2017. (19 U.S.C. 2252(f)).
    The articles covered by this investigation are all LRWs and certain 
parts thereof. For purposes of this petition, the term LRWs denotes all 
automatic clothes washing machines, regardless of the orientation of 
the rotational axis, with a cabinet width (measured from its widest 
point) of at least 24.5 inches (62.23 cm) and no more than 32.0 inches 
(81.28 cm), except as noted below.
    Also covered are certain parts used in large residential washers, 
namely: (1) All cabinets, or portions thereof, designed for use in 
large residential washers; (2) all assembled tubs \1\ designed for use 
in large residential washers which incorporate, at a minimum: (a) A 
tub; and (b) a seal; (3) all assembled baskets \2\ designed for use in 
large residential washers which incorporate, at a minimum: (a) A side 
wrapper; \3\ (b) a base; and (c) a drive hub; \4\ and (4) any 
combination of the foregoing parts or subassemblies.
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    \1\ A ``tub'' is the part of the washer designed to hold water.
    \2\ A ``basket'' (sometimes referred to as a ``drum'') is the 
part of the washer designed to hold clothing or other fabrics.
    \3\ A ``side wrapper'' is the cylindrical part of the basket 
that actually holds the clothing or other fabrics.
    \4\ A ``drive hub'' is the hub at the center of the base that 
bears the load from the motor.
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    Excluded from the scope are stacked washer-dryers and commercial 
washers. The term ``stacked washer-dryers'' denotes distinct washing 
and drying machines that are built on a unitary frame and share a 
common console that controls both the washer and the dryer. The term 
``commercial washer'' denotes an automatic clothes washing machine 
designed for the ``pay per use'' segment meeting either of the 
following two definitions:
    (1)(a) It contains payment system electronics; \5\ (b) it is 
configured with an externally mounted steel frame at least six inches 
high that is designed to house a coin/token operated payment system 
(whether or not the actual coin/token operated payment system is 
installed at the time of importation); (c) it contains a push button 
user interface with a maximum of six manually selectable wash cycle 
settings, with no ability of the end user to otherwise modify water 
temperature, water level, or spin speed for a selected wash cycle 
setting; and (d) the console containing the user interface is made of 
steel and is assembled with security fasteners; \6\ or
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    \5\ ``Payment system electronics'' denotes a circuit board 
designed to receive signals from a payment acceptance device and to 
display payment amount, selected settings, and cycle status. Such 
electronics also capture cycles and payment history and provide for 
transmission to a reader.
    \6\ A ``security fastener'' is a screw with a non-standard head 
that requires a non-standard driver. Examples include those with a 
pin in the center of the head as a ``center pin reject'' feature to 
prevent standard Allen wrenches or Torx drivers from working.
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    (2)(a) it contains payment system electronics; (b) the payment 
system electronics are enabled (whether or not the payment acceptance 
device has been installed at the time of importation) such that, in 
normal operation,\7\ the unit cannot begin a wash cycle without first 
receiving a signal from a bona fide payment acceptance device such as 
an electronic credit card reader; (c) it contains a push button user 
interface with a maximum of six manually selectable wash cycle 
settings, with no ability of the end user to otherwise modify water 
temperature, water level, or spin speed for a selected wash cycle 
setting; and (d) the console containing the user interface is made of 
steel and is assembled with security fasteners.
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    \7\ ``Normal operation'' refers to the operating mode(s) 
available to end users (i.e., not a mode designed for testing or 
repair by a technician).
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    Also excluded from the scope are automatic clothes washing machines 
that meet all of the following conditions: (1) Have a vertical 
rotational axis; (2) are top loading; \8\ (3) have a drive train 
consisting, inter alia, of (a) a permanent split capacitor (PSC) 
motor,\9\ (b) a belt drive,\10\ and (c) a flat wrap spring clutch.\11\
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    \8\ ``Top loading'' means that access to the basket is from the 
top of the washer.
    \9\ A ``PSC motor'' is an asynchronous, alternating current 
(AC), single phase induction motor that employs split phase 
capacitor technology.
    \10\ A ``belt drive'' refers to a drive system that includes a 
belt and pulleys.
    \11\ A ``flat wrap spring clutch'' is a flat metal spring that, 
when engaged, links abutted cylindrical pieces on the input shaft 
with the end of the concentric output shaft that connects to the 
drive hub.
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    Also excluded from the scope are automatic clothes washing machines 
that meet all of the following conditions: (1) Have a horizontal 
rotational axis; (2) are front loading; \12\ and (3) have a drive train 
consisting, inter alia, of (a) a controlled induction motor (CIM),\13\ 
and (b) a belt drive.
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    \12\ ``Front loading'' means that access to the basket is from 
the front of the washer.
    \13\ A ``controlled induction motor'' is an asynchronous, 
alternating current (AC), polyphase induction motor.
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    Also excluded from the scope are automatic clothes washing machines 
that meet all of the following conditions: (1) Have a horizontal 
rotational axis; (2) are front loading; and (3) have cabinet width 
(measured from its widest point) of more than 28.5 inches (72.39 cm).
    For Customs purposes, the LRWs covered by the investigation are 
provided for under Harmonized Tariff Schedule of the United States 
(``HTSUS'') subheading 8450.20.00. LRWs and certain parts thereof 
subject to this petition may also be imported under HTSUS subheadings 
8450.11.00, 8450.90.20, and 8450.90.60. Although the HTSUS subheadings 
are provided for convenience and customs purposes, the written 
description of the merchandise subject to this petition is dispositive.
    Determination to institute this investigation.--Whirlpool initially

[[Page 27077]]

submitted a petition on May 31, 2017. On June 2, 2017, Commission staff 
sent a letter requesting that Whirlpool supply additional data on its 
percentage share of total domestic production and estimated data in 
calculating import-to-production ratios, apparent consumption, and 
market shares held by imports and domestic producers, in compliance 
with Commission Rule 206.14 (19 CFR 206.14). On June 5, 2017, Whirlpool 
amended its petition and provided the additional data requested by 
Commission staff. The Commission determined that the petition, as 
amended, was properly filed as of June 5, 2017.
    Determination that investigation is extraordinarily complicated.--
The Commission has determined that this investigation is 
``extraordinarily complicated'' within the meaning of section 
202(b)(2)(B) of the Act (19 U.S.C. 2252(b)(2)(B)). The Commission's 
decision to designate this investigation ``extraordinarily 
complicated'' is based on the complexity of the issues, including the 
existence of antidumping and/or countervailing duty orders on certain 
imports covered by this investigation. Ordinarily, the Commission would 
have been required to make its injury determination within 120 days 
after the petition was filed, or by October 3, 2017. (19 U.S.C. 
(b)(2)(A)). The statute permits the Commission to take up to 30 
additional days to make its injury determination in an investigation 
where it determines that the investigation is extraordinarily 
complicated. In this instance, the Commission intends to take two extra 
days and make its injury determination by October 5, 2017.
    Participation in the investigation and public service list.--
Persons (other than petitioner) wishing to participate in the 
investigation as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, not later than 21 days after publication of this 
notice in the Federal Register. The Secretary will prepare a service 
list containing the names and addresses of all persons, or their 
representatives, who are parties to this investigation upon the 
expiration of the period for filing entries of appearance.
    Limited disclosure of confidential business information (CBI) under 
an administrative protective order (APO) and CBI service list.--
Pursuant to section 206.17 of the Commission's rules, the Secretary 
will make CBI gathered in this investigation available to authorized 
applicants representing interested parties (as defined in 19 CFR 
206.17(a)(3)(iii)) under the APO issued in the investigation, provided 
that the application is made not later than 21 days after the 
publication of this notice in the Federal Register. A separate service 
list will be maintained by the Secretary for those parties authorized 
to receive CBI under the APO.
    The Commission may include CBI in the reports it sends to the 
President and to the U.S. Trade Representative. Additionally, all 
information, including CBI, submitted in this investigation may be 
disclosed to and used by (i) the Commission, its employees and Offices, 
and contract personnel (a) for developing or maintaining the records of 
this or a related proceeding, or (b) in internal investigations, 
audits, reviews, and evaluations relating to the programs, personnel, 
and operations of the Commission including under 5 U.S.C. Appendix 3; 
or (ii) by U.S. government employees and contract personnel for 
cybersecurity purposes. The Commission will not otherwise disclose any 
CBI in a manner that would reveal the operations of the firm supplying 
the information.
    Hearings on injury and remedy.--The Commission has scheduled 
separate hearings in connection with the injury and remedy phases of 
this investigation. The hearing on injury will be held beginning at 
9:30 a.m. on September 7, 2017, at the U.S. International Trade 
Commission Building, 500 E Street SW., Washington, DC. In the event 
that the Commission makes an affirmative injury determination or is 
equally divided on the question of injury in this investigation, a 
hearing on the question of remedy will be held beginning at 9:30 a.m. 
on October 19, 2017. Requests to appear at the hearings should be filed 
in writing with the Secretary to the Commission on or before August 31, 
2017 for the injury hearing, and October 13, 2017 for the remedy 
hearing. A nonparty who has testimony that may aid the Commission's 
deliberations may request permission to present a short statement at 
the hearings. All parties and nonparties desiring to appear at the 
hearings and make oral presentations should participate in prehearing 
conferences to be held on September 5, 2017 for the injury hearing and 
October 17, 2017 for the remedy hearing, if deemed necessary. Oral 
testimony and written materials to be submitted at the public hearings 
are governed by sections 201.6(b)(2) 201.13(f), and 206.5 of the 
Commission's rules. Parties must submit any request to present a 
portion of their hearing testimony in camera no later than 7 business 
days prior to the date of the respective hearings.
    Written submissions.--Each party who is an interested party may 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of sections 201.8, 206.7, and 206.8 of the 
Commission's rules. The deadline for filing prehearing briefs on injury 
is August 29, 2017; that for filing prehearing briefs on remedy, 
including any commitments pursuant to 19 U.S.C. 2252(a)(6)(B), is 
October 12, 2017. Parties may also file written testimony in connection 
with their presentation at the hearing, as provided in sections 201.13, 
206.5, and 206.8 of the Commission's rules, and posthearing briefs, 
which must conform with the provisions of sections 201.8, 201.13, 
206.7, and 206.8 of Commission's rules. The deadline for filing 
posthearing briefs for the injury phase of the investigation is 
September 14, 2017; the deadline for filing posthearing briefs for the 
remedy phase of the investigation, if any, is October 26, 2017. In 
addition, any person who has not entered an appearance as a party to 
the investigation may submit a written statement of information 
pertinent to the consideration of injury on or before September 14, 
2017, and pertinent to the consideration of remedy on or before October 
26, 2017. All written submissions must conform with the provisions of 
section 201.8 of the Commission's rules; any submissions that contain 
CBI must also conform with the requirements of sections 201.6 and 
206.17 of the Commission's rules. The Commission's Handbook on E-
Filing, available on the Commission's Web site at https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf, 
elaborates upon the Commission's rules with respect to electronic 
filing.
    Any additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, will not 
be accepted unless good cause is shown for accepting such a submission, 
or unless the submission is pursuant to a specific request by a 
Commissioner or Commission staff.
    In accordance with section 201.16(c) of the Commission's rules, 
each document filed by a party to the investigation must be served on 
all other parties to the investigation (as identified by the service 
list), and a certificate of service must be timely filed. The Secretary 
will not accept a document for filing without a certificate of service.
    For further information concerning the conduct of this 
investigation and rules of general application, consult the 
Commission's Rules of Practice and Procedure, part 201, subparts A and 
B (19 CFR part 201), and part 206, subparts A and B (19 CFR part 206).


[[Page 27078]]


    Authority:  This investigation is being conducted under 
authority of Section 202 of the Act; this notice is published 
pursuant to section 203(b)(3) of the Act.

    By order of the Commission.

    Issued: June 7, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-12160 Filed 6-12-17; 8:45 am]
 BILLING CODE 7020-02-P