[Federal Register Volume 78, Number 32 (Friday, February 15, 2013)]
[Notices]
[Pages 11154-11155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03626]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-869]
Large Residential Washers From the Republic of Korea:
Countervailing Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the International Trade Commission (the
ITC), the Department is issuing a countervailing duty order on large
residential washers (washers) from the Republic of Korea (Korea).
DATES: Effective Date: February 15, 2013.
FOR FURTHER INFORMATION CONTACT: Justin M. Neuman, AD/CVD Operations,
Office 6, Import Administration, U.S. Department of Commerce, Room
7866, 14th Street and Constitution Avenue NW., Washington, DC 20230;
telephone: (202) 482-0486.
SUPPLEMENTARY INFORMATION:
Case History
In accordance with section 705(d) of the Tariff Act of 1930, as
amended (the Act), on December 26, 2012, the Department published its
final determination in the countervailing duty investigation of washers
from Korea.\1\ On February 8, 2013, the ITC notified the Department of
its affirmative determination that an industry in the United States is
materially injured within the meaning of section 705(b)(1)(A)(i) of the
Act by reason of subsidized imports of washers from Korea.\2\
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\1\ See Large Residential Washers from the Republic of Korea:
Final Affirmative Countervailing Duty Determination, 77 FR 75975
(December 26, 2012) (Final Determination).
\2\ See Certain Large Residential Washers from Korea and Mexico,
Investigation No. 701-TA-488 and 731-TA-1199-1200 (Final), U.S. ITC
Publication 4378 (February 2013).
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Scope of the Order
The products covered by this order are all large residential
washers and certain subassemblies thereof from Korea.
For purposes of this order, the term ``large residential washers''
denotes all automatic clothes washing machines, regardless of the
orientation of the rotational axis, except as noted below, 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).
Also covered are certain subassemblies used in large residential
washers, namely: (1) all assembled cabinets designed for use in large
residential washers which incorporate, at a minimum: (a) At least three
of the six cabinet surfaces; and (b) a bracket; (2) all assembled
tubs\3\ designed for use in large residential washers which
incorporate, at a minimum: (a) a tub; and (b) a seal; (3) all assembled
baskets\4\ designed for use in large residential washers which
incorporate, at a minimum: (a) a side wrapper;\5\ (b) a base; and (c) a
drive hub;\6\ and (4) any combination of the foregoing subassemblies.
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\3\ A ``tub'' is the part of the washer designed to hold water.
\4\ A ``basket'' (sometimes referred to as a ``drum'') is the
part of the washer designed to hold clothing or other fabrics.
\5\ A ``side wrapper'' is the cylindrical part of the basket
that actually holds the clothing or other fabrics.
\6\ 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'' market meeting either of the following
two definitions:
(1)(a) It contains payment system electronics;\7\ (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;\8\ or
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\7\ ``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.
\8\ 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,\9\ 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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\9\ ``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
with a vertical rotational axis and a rated capacity of less than 3.70
cubic
[[Page 11155]]
feet, as certified to the U.S. Department of Energy pursuant to 10 CFR
429.12 and 10 CFR 429.20, and in accordance with the test procedures
established in 10 CFR part 430.
The products subject to this order are currently classifiable under
subheading 8450.20.0090 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.
Countervailing Duty Order
As stated above, on February 8, 2013, in accordance with section
705(b)(1)(A)(i) of the Act, the ITC notified the Department of its
final determination in this investigation, in which it found material
injury with respect to washers from Korea.
Therefore, in accordance with section 706(a) of the Act, the
Department will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by the Department, countervailing
duties equal to the amounts listed below for all relevant entries of
washers from Korea. These countervailing duties will be assessed on
unliquidated entries of washers from Korea entered, or withdrawn from
warehouse, for consumption on or after June 5, 2012, the date of
publication of the preliminary determination,\10\ and before October 3,
2012, the date on which the Department instructed CBP to discontinue
the suspension of liquidation in accordance with section 703(d) of the
Act. Section 703(d) of the Act states that the suspension of
liquidation pursuant to a preliminary determination may not remain in
effect for more than four months. Entries of washing machines from
Korea made on or after October 3, 2012, and prior to the date of
publication of the ITC's final determination in the Federal Register
are not liable for the assessment of countervailing duties, due to the
Department's discontinuation, effective October 3, 2012, of the
suspension of liquidation.
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\10\ See Large Residential Washers From the Republic of Korea:
Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination With Final Antidumping
Determination, 77 FR 33181 (June 5, 2012).
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Suspension of Liquidation
In accordance with section 706 of the Act, we will direct CBP to
reinstitute the suspension of liquidation on all relevant entries of
washers from Korea. We will also instruct CBP to require cash deposits
equal to the amounts indicated below. These instructions suspending
liquidation will remain in effect until further notice. Accordingly,
effective the date of publication of the ITC's final affirmative injury
determination, CBP will require, at the same time as importers would
normally deposit estimated duties on this subject merchandise, cash
deposits equal to the amounts indicated below:\11\
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\11\ See Section 706(a)(3) of the Act. LG Electronics, Inc.
(LG), a participating respondent in this investigation, received a
final net subsidy rate of 0.01 percent ad valorem, which is de
minimis. See Final Determination, 77 FR at 75977. As such, entries
of subject merchandise produced by LG are not subject to this order.
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Subsidy rate
Company (percent)
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Daewoo Electronics Corporation.......................... 72.30
Samsung Electronics Co., Ltd............................ 1.85
All-Others Rate......................................... 1.85
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This notice constitutes the countervailing duty order with respect
to washers from Korea pursuant to section 706(a) of the Act. Interested
parties can find an updated list of countervailing duty orders
currently in effect at http://ia.ita.doc.gov/stats/iastats1.html.
This countervailing duty order is issued and published in
accordance with sections 705(c)(2) and 706 of the Act, and section
351.211 of the Department's regulations.
Dated: February 8, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-03626 Filed 2-14-13; 8:45 am]
BILLING CODE 3510-DS-P