[Federal Register Volume 78, Number 32 (Friday, February 15, 2013)]
[Notices]
[Pages 11148-11150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03630]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-842, A-580-868]
Large Residential Washers From Mexico and the Republic of Korea:
Antidumping Duty Orders
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 antidumping duty orders on large
residential washers (washers) from Mexico and the Republic of Korea
(Korea).
DATES: Effective Date: February 15, 2013.
FOR FURTHER INFORMATION CONTACT: Brian Smith (Mexico) or David
Goldberger (Korea), AD/CVD Operations, Office 2, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-1766 or (202) 482-4136, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), the Department published its affirmative
final determinations of sales at less-than-fair-value in the
antidumping duty investigations of washers from Korea and Mexico on
December 26 and 27, 2012, respectively.\1\ On February 8, 2013, the ITC
notified the Department of its affirmative determinations that an
industry in the United States is materially injured within the meaning
of section 735(b)(1)(A)(i) of the Act by reason of less-than-fair-value
imports of washers from Mexico and Korea.\2\
---------------------------------------------------------------------------
\1\ See Notice of Final Determination of Sales at Less Than Fair
Value: Large Residential Washers From the Republic of Korea, 77 FR
75988 (December 26, 2012); and Notice of Final Determination of
Sales at Less Than Fair Value: Large Residential Washers from
Mexico, 77 FR 76288 (December 27, 2012).
\2\ See Certain Large Residential Washers from Korea and Mexico,
Investigation Nos. 701-TA-488 and 731-TA-1199-1200 (Final), U.S. ITC
Publication 4378 (February 2013).
---------------------------------------------------------------------------
Scope of the Orders
The products covered by these orders are all large residential
washers and certain subassemblies thereof from Mexico and Korea.
For purposes of these orders, 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
[[Page 11149]]
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
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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 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 these orders are currently classifiable
under subheading 8450.20.0090 of the Harmonized Tariff System of the
United States (HTSUS). Products subject to these orders 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.
Antidumping Duty Orders
As stated above, on February 8, 2013, in accordance with section
735(d) of the Act, the ITC notified the Department of its final
determinations in these investigations, in which it found material
injury with respect to washers from Mexico and Korea.\10\ Because the
ITC determined that imports of washers from Mexico and Korea are
materially injuring a U.S. industry, all unliquidated entries of such
merchandise from Mexico and Korea, entered or withdrawn from warehouse,
are subject to the assessment of antidumping duties.
---------------------------------------------------------------------------
\10\ Id.
---------------------------------------------------------------------------
Therefore, in accordance with section 736(a)(1) of the Act, the
Department will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by the Department, antidumping duties
equal to the amounts listed below for all relevant entries of washers
from Mexico and Korea. These antidumping duties will be assessed on
unliquidated entries of washers from Mexico and Korea entered, or
withdrawn from warehouse, for consumption on or after August 3, 2012,
the date of publication of the preliminary determinations,\11\ but will
not include entries occurring after the expiration of the provisional
measures period and before publication of the ITC's final injury
determinations as further described below.
---------------------------------------------------------------------------
\11\ See Large Residential Washers From Mexico: Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination, 77 FR 46401 (August 3, 2012); and Notice of
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination: Large Residential Washers From
the Republic of Korea, 77 FR 46391 (August 3, 2012).
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct CBP to continue to suspend liquidation on all entries of
washers from Mexico and 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.
Consistent with our practice, where the product under investigation
is also subject to a concurrent countervailing duty investigation, we
will instruct CBP to require a cash deposit \12\ equal to the amount by
which the normal value exceeds the export price or constructed export
price, less the amount of the countervailing duty determined to
constitute an export subsidy.\13\ In the case of washers from Mexico,
because the product under investigation is not subject to a
countervailing duty investigation, the cash deposit rates have not been
adjusted. In the case of washers from Korea, although the product under
investigation is also subject to a concurrent countervailing duty
investigation, with respect to LG Electronics, Inc. (LG), the
Department found no countervailing duty attributable to export
subsidies. Therefore, we have not offset the cash deposit rate shown
below for LG. However, with respect to Daewoo Electronics Corporation
(Daewoo), Samsung Electronics Co., Ltd. (Samsung), and All Others, the
Department did find countervailing duties attributable to export
subsidies. Therefore, for Daewoo, we offset the AFA antidumping margin
(i.e., 82.41 percent) by the countervailing duty rate attributable to
export subsidies (i.e., 3.30 percent).\14\ For Samsung, we offset the
antidumping margin (i.e., 9.29 percent) by the countervailing duty rate
attributable to export subsidies (i.e., 0.06 percent).\15\ For All
Others, we offset the antidumping margin (i.e., 11.86 percent) by the
countervailing duty rate attributable to export subsidies (i.e., 0.06
percent).\16\ Accordingly, effective on the date of publication of the
ITC's final affirmative injury determinations, 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.\17\
---------------------------------------------------------------------------
\12\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
\13\ See, e.g., Notice of Final Determination of Sales at Less
Than Fair Value: Carbazole Violet Pigment 23 From India, 69 FR
67306, 67307 (November 17, 2004).
\14\ 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), unchanged in Large
Residential Washers From the Republic of Korea: Final Affirmative
Countervailing Duty Determination, 77 FR 75975 (December 26, 2012).
\15\ See Memorandum to The File entitled ``Samsung Final
Determination Calculation Memorandum,'' dated December 18, 2012.
\16\ See Memorandum to The File entitled ``Calculation of the
All-Others Rate for the Final Determination of the Antidumping Duty
Investigation of Large Residential Washers from Korea,'' dated
December 18, 2012.
\17\ See section 736(a)(3) of the Act.
---------------------------------------------------------------------------
Provisional Measures
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months except where exporters representing a
significant proportion of exports of the subject merchandise request
the Department to extend that four-month period to no more than six
months. At the request of exporters that account for a significant
proportion of washers from Mexico and Korea, we extended the four-month
period to no
[[Page 11150]]
more than six months.\18\ In the underlying investigations, the
Department published the preliminary determinations on August 3, 2012.
Therefore, the six-month period beginning on the date of publication of
the preliminary determinations ended on January 30, 2013. Furthermore,
section 737(b) of the Act states that definitive duties are to begin on
the date of publication of the ITC's final injury determination.
---------------------------------------------------------------------------
\18\ See letters to the Department from LG Electronics Inc. and
LG Electronics USA, Inc. (collectively, LG), and Samsung Electronics
Co., Ltd. and Samsung Electronics America, Inc. (collectively,
Samsung) (Korea); and Electrolux Home Products, Corp., N.V. and
Electrolux Home Products, Inc. (collectively, Electrolux) (Mexico);
dated July 13, 2012.
---------------------------------------------------------------------------
Therefore, in accordance with section 733(d) of the Act and our
practice, we will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of washers from Mexico and Korea entered, or
withdrawn from warehouse, for consumption after January 30, 2013, the
date provisional measures expired, until and through the day preceding
the date of publication of the ITC's final injury determinations in the
Federal Register. Suspension of liquidation will resume on the date of
publication of the ITC's final determinations in the Federal Register.
The Weighted-Average Dumping Margins are as Follows:
----------------------------------------------------------------------------------------------------------------
Dumping Cash deposit
Country Manufacturer/Exporter margin (%)
----------------------------------------------------------------------------------------------------------------
Mexico..................................... Electrolux Home Products Corp. NV/
Electrolux Home Products De
Mexico, S.A. de C.V. 36.52 36.52.
Samsung Electronics Mexico S.A. de 72.41 72.41
C.V..
Whirlpool International S. de R.L. 72.41 72.41
de C.V..
All Others......................... 36.52 36.52
Korea...................................... Daewoo Electronics Corporation..... 82.41 79.11
LG Electronics Inc................. 13.02 13.02
Samsung Electronics Co., Ltd....... 9.29 9.23
All Others......................... 11.86 11.80
----------------------------------------------------------------------------------------------------------------
This notice constitutes the antidumping duty orders with respect to
washers from Mexico and Korea pursuant to section 736(a) of the Act.
Interested parties can find an updated list of antidumping duty orders
currently in effect at http://ia.ita.doc.gov/stats/iastats1.html.
These orders are published in accordance with section 736(a) 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. 2013-03630 Filed 2-14-13; 8:45 am]
BILLING CODE 3510-DS-P