[Federal Register Volume 76, Number 80 (Tuesday, April 26, 2011)]
[Notices]
[Pages 23281-23286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10048]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-865, A-201-839]


Bottom Mount Combination Refrigerator-Freezers From the Republic 
of Korea and Mexico: Initiation of Antidumping Duty Investigations

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce

DATES: Effective Date: April 26, 2011.

FOR FURTHER INFORMATION CONTACT: David Goldberger (Republic of Korea) 
or Henry Almond (Mexico), 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) 482-4136 or (202) 482-0049, respectively.

SUPPLEMENTARY INFORMATION:

The Petitions

    On March 30, 2011, the Department of Commerce (``the Department'') 
received antidumping duty petitions concerning imports of bottom mount 
combination refrigerator-freezers (``bottom mount refrigerators'') from 
the Republic of Korea (``Korea'') and Mexico filed in proper form by 
Whirlpool Corporation (``the petitioner''), a domestic producer of 
bottom mount refrigerators. See Bottom Mount Combination Refrigerator-
Freezers from the Republic of Korea and Mexico; Antidumping and 
Countervailing Duty Petitions (collectively, ``the petitions''). On 
April 5 and 12, 2011, the Department issued requests for additional 
information and clarification of certain areas of the antidumping 
petitions on Korea and Mexico. Based on the Department's request, the 
petitioner filed supplements to the petitions on Korea and Mexico on 
April 11 and 14, 2011.
    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (``the Act''), the petitioner alleges that imports of bottom 
mount refrigerators from Korea and Mexico are being, or are likely to 
be, sold in the United States at less than fair value, within the 
meaning of section 731 of the Act, and that such imports materially 
injure, or threaten material injury to, an industry in the United 
States.
    The Department finds that the petitioner filed these petitions on 
behalf of the domestic industry because the petitioner is an interested 
party as defined in section 771(9)(C) of the Act, and it has 
demonstrated sufficient industry support with respect to the 
investigations that it is requesting the Department to initiate (see 
``Determination of Industry Support for the Petitions'' below).

Scope of Investigations

    The products covered by these investigations are bottom mount 
refrigerators from Korea and Mexico. For a full description of the 
scope of the investigations, please see the ``Scope of 
Investigations,'' in Appendix I of this notice.

Comments on Scope of Investigations

    During our review of the petitions, we discussed the scope with the 
petitioner to ensure that it is an accurate reflection of the products 
for which the domestic industry is seeking relief. Moreover, as 
discussed in the preamble to the regulations (Antidumping Duties; 
Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997)), 
we are setting aside a period for interested parties to raise issues 
regarding product coverage. The Department encourages all interested 
parties to submit such comments by May 9, 2011, 20 calendar days from 
the date of signature of this notice. All comments must be filed on the 
records of the Korea and Mexico antidumping duty investigations as well 
as the Korea countervailing duty investigation. Comments should be 
addressed to Import Administration's APO/Dockets Unit, Room 1870, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230. The period of scope consultations is intended to 
provide the Department with ample opportunity to consider all comments 
and to consult with parties prior to the issuance of the preliminary 
determinations.

Comments on Product Characteristics for Antidumping Duty Questionnaires

    We are requesting comments from interested parties regarding the 
appropriate physical characteristics of bottom mount refrigerators to 
be reported in response to the Department's antidumping questionnaires. 
This information will be used to identify the key physical 
characteristics of the subject merchandise in order to more accurately 
report the relevant costs of production, as well as to develop 
appropriate product comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate listing of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as (1) general product 
characteristics and (2) the product comparison criteria. We note that 
it is not always appropriate to use all product characteristics as 
product comparison criteria. We base product comparison criteria on 
meaningful commercial differences among products. In other words, while 
there may be some physical product characteristics utilized by 
manufacturers to describe bottom mount refrigerators, it may be that 
only a select few product characteristics take into account 
commercially meaningful physical characteristics. In addition, 
interested parties may comment on the order in which the physical 
characteristics should be used in product matching. Generally, the 
Department attempts to list the most important physical characteristics 
first and the least important characteristics last.
    In order to consider the suggestions of interested parties in 
developing and issuing the antidumping duty

[[Page 23282]]

questionnaires, we must receive comments at the above-referenced 
address by May 9, 2011. Additionally, rebuttal comments must be 
received by May 16, 2011. All comments must be filed on the records of 
both the Korea and Mexico antidumping duty investigations.

Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, the Department 
shall: (i) Poll the industry or rely on other information in order to 
determine if there is support for the petition, as required by 
subparagraph (A); or (ii) determine industry support using a 
statistically valid sampling method to poll the industry.
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs the Department to look to producers and workers who produce the 
domestic like product. The International Trade Commission (``ITC''), 
which is responsible for determining whether ``the domestic industry'' 
has been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both the Department and 
the ITC must apply the same statutory definition regarding the domestic 
like product (see section 771(10) of the Act), they do so for different 
purposes and pursuant to a separate and distinct authority. In 
addition, the Department's determination is subject to limitations of 
time and information. Although this may result in different definitions 
of the like product, such differences do not render the decision of 
either agency contrary to law. See USEC, Inc. v. United States, 132 F. 
Supp. 2d 1, 8 (CIT 2001), citing Algoma Steel Corp., Ltd. v. United 
States, 688 F. Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 
1989), cert. denied 492 U.S. 919 (1989).
    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of domestic like product distinct from the scope of 
the investigations. Based on our analysis of the information submitted 
on the record, we have determined that bottom mount refrigerators 
constitute a single domestic like product and we have analyzed industry 
support in terms of that domestic like product. For a discussion of the 
domestic like product analysis in this case, see Antidumping Duty 
Investigation Initiation Checklist: Bottom Mount Combination 
Refrigerator-Freezers from Korea (``Korea AD Initiation Checklist'') 
and Antidumping Duty Investigation Initiation Checklist: Bottom Mount 
Combination Refrigerator-Freezers from Mexico (``Mexico AD Initiation 
Checklist''), at Attachment II, Analysis of Industry Support for the 
Petitions Covering Bottom Mount Combination Refrigerator-Freezers, on 
file in the Central Records Unit (``CRU''), Room 7046 of the main 
Department of Commerce building.
    In determining whether the petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the petitions with reference to the domestic like product 
as defined in the ``Scope of Investigations'' section above. To 
establish industry support, the petitioner provided its production 
volume of the domestic like product in 2010, and compared it to the 
estimated total production of the domestic like product for the entire 
domestic industry. See Volume I of the petitions, at 8-11, Volume 2A of 
the petitions, at Exhibits 4 and 5, and Supplement to the AD/CVD 
petitions, dated April 11, 2011 (``Supplement to the AD/CVD 
petitions'') at 2-4 and Exhibits S-1, S-2, and S-3. The petitioner 
estimated 2010 production of the domestic like product by non-
petitioning companies based on its knowledge of its competitors and 
their production capacity. We have relied upon data the petitioner 
provided for purposes of measuring industry support. For further 
discussion, see Korea AD Initiation Checklist and Mexico AD Initiation 
Checklist, at Attachment II.
    Our review of the data provided in the petitions, supplemental 
submissions, and other information readily available to the Department 
indicates that the petitioner has established industry support. First, 
the petitions established support from domestic producers (or workers) 
accounting for more than 50 percent of the total production of the 
domestic like product and, as such, the Department is not required to 
take further action in order to evaluate industry support (e.g., 
polling). See section 732(c)(4)(D) of the Act, Korea AD Initiation 
Checklist and Mexico AD Initiation Checklist, at Attachment II. Second, 
the domestic producers (or workers) have met the statutory criteria for 
industry support under section 732(c)(4)(A)(i) of the Act because the 
domestic producers (or workers) who support the petitions account for 
at least 25 percent of the total production of the domestic like 
product. See Korea AD Initiation Checklist and Mexico AD Initiation 
Checklist, at Attachment II. Finally, the domestic producers (or 
workers) have met the statutory criteria for industry support under 
section 732(c)(4)(A)(ii) of the Act because the domestic producers (or 
workers) who support the petitions account for more than 50 percent of 
the production of the domestic like product produced by that portion of 
the industry expressing support for, or opposition to, the petitions. 
Accordingly, the Department determines that the petitions were filed on 
behalf of the domestic industry within the meaning of section 732(b)(1) 
of the Act. See id.
    The Department finds that the petitioner filed the petitions on 
behalf of the domestic industry because it is an interested party as 
defined in section 771(9)(C) of the Act and it has demonstrated 
sufficient industry support with respect to the antidumping duty 
investigations that it is requesting the Department initiate. See id.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at less than normal value (``NV''). In addition, the 
petitioner alleges that subject imports exceed the negligibility 
threshold provided for under section 771(24)(A) of the Act.
    The petitioner contends that the industry's injured condition is 
illustrated by reduced market share,

[[Page 23283]]

reduced shipments, underselling and price depression or suppression, 
decline in financial performance, lost sales and revenue, and increase 
in the volume of imports and import penetration. See Volume I of the 
petitions, at 114-138, Volume 2A of the petitions, at Exhibit 6, Volume 
2B of the petitions, at Exhibits 35 and 38-42, and Supplement to the 
AD/CVD petitions, at 5-10 and Exhibits S-1, S-2, S-4, and S-5. We have 
assessed the allegations and supporting evidence regarding material 
injury, threat of material injury, and causation, and we have 
determined that these allegations are properly supported by adequate 
evidence and meet the statutory requirements for initiation. See Korea 
AD Initiation Checklist and Mexico AD Initiation Checklists, at 
Attachment III, Analysis of Allegations and Evidence of Material Injury 
and Causation for the Petitions Covering Bottom Mount Combination 
Refrigerator-Freezers from the Republic of Korea and Mexico.

Period of Investigations

    In accordance with 19 CFR 351.204(b), because these petitions were 
filed on March 30, 2011, the period of investigation (``POI'') is 
January 1, 2010, through December 31, 2010, for both Korea and Mexico.

Allegations of Sales at Less Than Fair Value

    The following is a description of the allegations of sales at less 
than fair value upon which the Department has based its decision to 
initiate investigations with respect to Korea and Mexico. The sources 
of, and adjustments to, the data relating to U.S. price and NV are 
discussed in greater detail in the Korea AD Initiation Checklist and 
the Mexico AD Initiation Checklist.

Korea

U.S. Price
    The petitioner provided two U.S. prices based on average model-
specific retail prices obtained from a market survey database. These 
prices were adjusted to exclude the retailer markup, as well as 
discounts and rebates, based on the petitioner's experience in and 
knowledge of the market. The petitioner deducted international freight 
based on U.S. Customs and Border Protection (``CBP'') data. It made no 
other adjustments to U.S. price. See Korea AD Initiation Checklist.
Normal Value
    The petitioner provided two home market prices based on a survey of 
retail prices in Korea. These prices were adjusted to exclude the 
retailer markup, as well as discounts and rebates, based on the 
petitioner's experience in and knowledge of the market. The petitioner 
further adjusted home market price by deducting Korean VAT and other 
taxes. It made no other adjustments to home market price.
    In order to calculate NV, the petitioner made an adjustment for 
differences in costs attributable to differences in the physical 
characteristics of the merchandise. See Korea AD Initiation Checklist.

Mexico

U.S. Price
    The petitioner provided two U.S. prices based on average model-
specific retail prices obtained from a market survey database. These 
prices were adjusted to exclude the retailer markup, as well as 
discounts and rebates, based on the petitioner's experience in and 
knowledge of the market. Because the Mexican producers sell 
refrigerators in the United States through affiliated resellers, the 
petitioner calculated constructed export price (``CEP'') by deducting 
international freight based on CBP data and U.S. freight and selling 
expenses based on the petitioner's own financial statements for its 
U.S. operations related to bottom mount refrigerators. See Mexico AD 
Initiation Checklist.
Normal Value
    The petitioner provided two home market prices based on retail 
prices available in Mexico. These prices were adjusted to exclude the 
retailer markup, as well as discounts and rebates, based on the 
petitioner's experience in and knowledge of the market. The petitioner 
calculated a net home market price by deducting inland freight and 
selling expenses based on the petitioner's financial statements for its 
operations in Mexico related to refrigerator production and sales.
    In order to calculate NV, the petitioner made an adjustment for 
differences in costs attributable to differences in the physical 
characteristics of the merchandise. See Mexico AD Initiation Checklist.

Sales-Below-Cost Allegations

    The petitioner provided information demonstrating reasonable 
grounds to believe or suspect that sales of bottom mount refrigerators 
in the Korean and Mexican markets were made at prices below the fully-
absorbed cost of production (``COP''), within the meaning of section 
773(b) of the Act, and requested that the Department conduct a country-
wide sales-below-cost investigation. The Statement of Administrative 
Action (``SAA''), submitted to the Congress in connection with the 
interpretation and application of the Uruguay Round Agreements Act 
(``URAA''), states that an allegation of sales below COP need not be 
specific to individual exporters or producers. See SAA, URAA, H. Doc. 
316, Vol. 1, 103d Cong. (1994) at 833. The SAA, at 833, states that 
``Commerce will consider allegations of below-cost sales in the 
aggregate for a foreign country, just as Commerce currently considers 
allegations of sales at less than fair value on a country-wide basis 
for purposes of initiating an antidumping investigation.''
    Further, the SAA provides that section 773(b)(2)(A) of the Act 
retains the requirement that the Department have ``reasonable grounds 
to believe or suspect'' that below-cost sales have occurred before 
initiating such an investigation. See id. Reasonable grounds exist when 
an interested party provides specific factual information on costs and 
prices, observed or constructed, indicating that sales in the foreign 
market in question are at below-cost prices.

Korea

Cost of Production
    Pursuant to section 773(b)(3) of the Act, COP consists of the cost 
of manufacturing (``COM''); selling, general and administrative 
(``SG&A'') expenses; financial expenses; and packing expenses. The 
petitioner relied on its own production experience to calculate the raw 
material, packing, and freight costs included in the calculation of 
COM. The petitioner adjusted these inputs to account for known 
differences in weights and technologies between the petitioner's U.S. 
bottom mount refrigerator models and those of the Korean producers' 
bottom mount refrigerator models sold in the comparison market and the 
United States. Inbound freight was calculated based on the petitioner's 
own experience adjusted for differences in weight between the bottom 
mount refrigerator models used to calculate COP/constructed value 
(``CV'') and the Korean models.
    The petitioner relied on its own labor costs, adjusted for known 
differences between the U.S. and Korean hourly compensation rates for 
electrical equipment, appliance, and component manufacturing in 2007, 
as reported by the U.S. Bureau of Labor Statistics. The petitioner 
relied on its own experience to determine the per-unit factory overhead 
costs (exclusive of labor)

[[Page 23284]]

associated with the production of bottom mount refrigerators.
    The petitioner stated that the bottom mount refrigerator 
manufacturing processes in Korea are very similar to its own 
manufacturing processes, and therefore it is reasonable to estimate the 
Korean producers' usage and factory overhead rates based on the usage 
and factory overhead rates experienced by a U.S. bottom mount 
refrigerator producer. The petitioner also asserted that the use of 
Korean import data results in aberrationally higher weighted-average 
raw material and packing costs in comparison to the petitioner's own 
raw material and packing costs. Therefore, the reliance on the 
petitioner's own raw material and packing costs for purposes of 
calculating COP is conservative.
    To value SG&A and financial expense rates, the petitioner relied on 
the fiscal year 2009 financial statements of two Korean producers of 
bottom mount refrigerators. See Korea AD Initiation Checklist for 
further discussion.
    Based upon a comparison of the prices of the foreign like product 
in the home market to the calculated COP of the most comparable 
product, we find reasonable grounds to believe or suspect that sales of 
the foreign like product were made below the COP, within the meaning of 
section 773(b)(2)(A)(i) of the Act. Accordingly, the Department is 
initiating a country-wide cost investigation for Korea.
Normal Value Based on Constructed Value
    Because it alleged sales below cost for Korea, pursuant to sections 
773(a)(4), 773(b) and 773(e) of the Act, the petitioner calculated NV 
based on CV. The petitioner calculated CV using the same average COM, 
SG&A, financial and packing figures used to compute the COP. The 
petitioner did not include in the CV calculation an amount for profit. 
See Korea AD Initiation Checklist.
Fair Value Comparisons
    Based on the data provided by the petitioner, there is reason to 
believe that imports of bottom mount refrigerators from Korea are 
being, or are likely to be, sold in the United States at less than fair 
value. Based on a comparison of U.S. Price to home market price, as 
discussed above, the estimated dumping margin is 61.82. Based on a 
comparison of U.S. price to CV, as discussed above, the estimated 
dumping margin is 34.16 percent. See id.

Mexico

Cost of Production
    Pursuant to section 773(b)(3) of the Act, COP consists of the COM; 
SG&A expenses; financial expenses; and packing expenses. The petitioner 
relied on its own production experience to calculate the quantity of 
the raw material and packing inputs, as well as the freight costs 
included in the calculation of COM. The petitioner adjusted the value 
of the raw material and packing inputs using the ratio of prices paid 
in Mexico by the bottom mount refrigerator producers to its own prices. 
The petitioner further adjusted these input values to account for known 
differences in weights and technologies between the petitioner's U.S. 
bottom mount refrigerator models used for purposes of calculating COP 
and CV and the Mexican bottom mount refrigerator models sold in the 
comparison market and the United States. Inbound freight was calculated 
based on the petitioner's own experience adjusted for differences in 
weight between the bottom mount refrigerator models used to calculate 
COP/CV and the Mexican models.
    The petitioner relied on its own labor costs, adjusted for known 
differences between the U.S. and Mexican hourly compensation rates for 
electrical equipment, appliance, and component manufacturing in 2007, 
as reported by the U.S. Bureau of Labor Statistics. The petitioner 
relied on its own experience to determine the per-unit factory overhead 
costs (exclusive of labor) associated with the production of bottom 
mount refrigerators.
    The petitioner stated that the bottom mount refrigerator 
manufacturing process in Mexico is very similar to its own 
manufacturing process, and therefore it is reasonable to estimate the 
Mexican producers' usage and factory overhead rates based on the usage 
and factory overhead rates experienced by a U.S. bottom mount 
refrigerator producer.
    To value general and administrative (G&A) expenses, the petitioner 
relied on the 2010 financial statements of its Mexican subsidiary. The 
petitioner assumed a financial expense of zero. See the Mexico AD 
Initiation Checklist for further discussion.
    Based upon a comparison of the prices of the foreign like product 
in the home market to the calculated COP of the most comparable 
product, we find reasonable grounds to believe or suspect that sales of 
the foreign like product were made below the COP, within the meaning of 
section 773(b)(2)(A)(i) of the Act. Accordingly, the Department is 
initiating a country-wide cost investigation for Mexico.
Normal Value Based on Constructed Value
    Because it alleged sales below cost for Mexico, pursuant to 
sections 773(a)(4), 773(b) and 773(e) of the Act, the petitioner 
calculated NV based on CV. The petitioner calculated CV using the same 
average COM, G&A, financial and packing figures used to compute the 
COP. The petitioner also included an amount for profit in the CV 
calculation, based upon the petitioner's own financial statements 
related to production and sales of refrigerators in Mexico. See Mexico 
AD Initiation Checklist.
Fair Value Comparisons
    Based on the data provided by the petitioner, there is reason to 
believe that imports of bottom mount refrigerators from Mexico are 
being, or are likely to be, sold in the United States at less than fair 
value. Based on a comparison of U.S. Price to home market price, as 
discussed above, the estimated dumping margin is 183.18 percent. Based 
on a comparison of U.S. Price to CV, as discussed above, the estimated 
dumping margin is 23.10 percent. See id.

Initiation of Antidumping Investigations

    Based upon the examination of the petitions on bottom mount 
refrigerators from Korea and Mexico and other information reasonably 
available to the Department, the Department finds that these petitions 
meet the requirements of section 732 of the Act. Therefore, we are 
initiating antidumping duty investigations to determine whether imports 
of bottom mount refrigerators from Korea and Mexico are being, or are 
likely to be, sold in the United States at less than fair value. In 
accordance with section 733(b)(1)(A) of the Act, unless postponed, we 
will make our preliminary determinations no later than 140 days after 
the date of this initiation.

Targeted Dumping Allegations

    On December 10, 2008, the Department issued an interim final rule 
for the purpose of withdrawing 19 CFR 351.414(f) and (g), the 
regulatory provisions governing the targeted dumping analysis in 
antidumping duty investigations, and the corresponding regulation 
governing the deadline for targeted-dumping allegations, 19 CFR 
351.301(d)(5). See Withdrawal of the Regulatory Provisions Governing 
Targeted Dumping in Antidumping Duty Investigations, 73 FR 74930

[[Page 23285]]

(December 10, 2008). The Department stated that ``{w{time} ithdrawal 
will allow the Department to exercise the discretion intended by the 
statute and, thereby, develop a practice that will allow interested 
parties to pursue all statutory avenues of relief in this area.'' See 
id., at 74931.
    In order to accomplish this objective, if any interested party 
wishes to make a targeted dumping allegation in any of these 
investigations pursuant to section 777A(d)(1)(B) of the Act, such 
allegations are due no later than 45 days before the scheduled date of 
the country-specific preliminary determination.

Respondent Selection

    Although the Department normally relies on import data from CBP to 
select respondents in antidumping duty investigations involving market-
economy countries, the Harmonized Tariff Schedule of the United States 
(HTSUS) categories under which bottom mount refrigerators may be 
entered are basket categories which include many other types of 
refrigerators and freezers. Therefore, the CBP data cannot be isolated 
to identify imports of subject merchandise during the POI. Accordingly, 
the Department must rely on an alternate methodology for respondent 
selection, as described below.

Korea

    The petition names two companies as producers and/or exporters in 
Korea of bottom mount refrigerators: Samsung Electronics Co., Ltd. 
(``Samsung'') and LG Electronics, Inc. (``LG''). The petition 
identifies these two companies as accounting for virtually all of the 
imports of bottom mount refrigerators from Korea. Moreover, we know of 
no further exporters or producers of the subject merchandise because, 
as noted above, the CBP data does not provide for the isolation of such 
sales from the general ``refrigerator-freezer'' or ``household 
refrigerator'' basket HTSUS categories. Accordingly, the Department is 
selecting Samsung and LG as mandatory respondents in this investigation 
pursuant to section 777A(c)(1) of the Act. We will consider comments 
from interested parties on this respondent selection. Parties wishing 
to comment must do so within five days of the publication of this 
notice in the Federal Register.

Mexico

    The CBP data is not useable for respondent selection purposes for 
the reason stated above. The petition names four Mexican producers/
exporters of the subject merchandise. Due to limited resources, it may 
not be practicable to make individual weighted-average dumping margin 
determinations for each of them. The Department, therefore, will 
request quantity and value information from the exporters and producers 
of bottom mount refrigerators that are identified in the petition. In 
the event the Department decides to limit the number of mandatory 
respondents, the quantity and value data received from Mexican 
exporters and producers will be used as the basis to select the 
mandatory respondents.

Distribution of Copies of the Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the petitions and 
amendments thereto have been provided to the representatives of the 
Governments of Korea and Mexico. To the extent practicable, we will 
attempt to provide a copy of the public version of the petitions to 
each exporter named in the petition, as provided under 19 CFR 
351.203(c)(2).

ITC Notification

    We have notified the ITC of our initiation, as required by section 
732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the petition was filed, whether there is a reasonable 
indication that imports of bottom mount refrigerators from Korea and 
Mexico materially injure, or threaten material injury to, a U.S. 
industry. A negative ITC determination with respect to any country 
would result in the termination of the investigation with respect to 
that country; see section 703(a)(1) of the Act. Otherwise, these 
investigations will proceed according to statutory and regulatory time 
limits.

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
administrative protective orders in accordance with 19 CFR 351.305. On 
January 22, 2008, the Department published Antidumping and 
Countervailing Duty Proceedings: Documents Submission Procedures; APO 
Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to 
participate in these investigations should ensure that they meet the 
requirements of these procedures (e.g., the filing of letters of 
appearance as discussed at 19 CFR 351.103(d)).
    Any party submitting factual information in an AD/CVD proceeding 
must certify to the accuracy and completeness of that information. See 
section 782(b) of the Act. Parties are hereby reminded that revised 
certification requirements are in effect for company/government 
officials as well as their representatives in all segments of any AD/
CVD proceedings initiated on or after March 14, 2011. See Certification 
of Factual Information to Import Administration During Antidumping and 
Countervailing Duty Proceedings: Interim Final Rule, 76 FR 7491 
(February 10, 2011) (Interim Final Rule) amending 19 CFR 351.303(g)(1) 
and (2). The formats for the revised certifications are provided at the 
end of the Interim Final Rule. The Department intends to reject factual 
submissions in any proceeding segments initiated on or after March 14, 
2011, if the submitting party does not comply with the revised 
certification requirements.
    This notice is issued and published pursuant to section 777(i) of 
the Act and 19 CFR 351.203(c).

    Dated: April 19, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I

Scope of the Investigations

    The products covered by the investigations are all bottom mount 
combination refrigerator-freezers and certain assemblies thereof from 
Korea and Mexico. For purposes of the investigations, the term ``bottom 
mount combination refrigerator-freezers'' denotes freestanding or 
built-in cabinets that have an integral source of refrigeration using 
compression technology, with all of the following characteristics:
     The cabinet contains at least two interior storage 
compartments accessible through one or more separate external doors or 
drawers or a combination thereof;
     The upper-most interior storage compartment(s) that is 
accessible through an external door or drawer is either a refrigerator 
compartment or convertible compartment, but is not a freezer 
compartment;\1\ and
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    \1\ The existence of an interior sub-compartment for ice-making 
in the upper-most storage compartment does not render the upper-most 
storage compartment a freezer compartment.
---------------------------------------------------------------------------

     There is at least one freezer or convertible compartment 
that is mounted below the upper-most interior storage compartment(s).
    For purposes of the investigations, a refrigerator compartment is 
capable of

[[Page 23286]]

storing food at temperatures above 32 degrees F (0 degrees C), a 
freezer compartment is capable of storing food at temperatures at or 
below 32 degrees F (0 degrees C), and a convertible compartment is 
capable of operating as either a refrigerator compartment or a freezer 
compartment, as defined above.
    Also covered are certain assemblies used in bottom mount 
combination refrigerator-freezers, namely: (1) Any assembled cabinets 
designed for use in bottom mount combination refrigerator-freezers that 
incorporate, at a minimum: (a) an external metal shell, (b) a back 
panel, (c) a deck, (d) an interior plastic liner, (e) wiring, and (f) 
insulation; (2) any assembled external doors designed for use in bottom 
mount combination refrigerator-freezers that incorporate, at a minimum: 
(a) an external metal shell, (b) an interior plastic liner, and (c) 
insulation; and (3) any assembled external drawers designed for use in 
bottom mount combination refrigerator-freezers that incorporate, at a 
minimum: (a) an external metal shell, (b) an interior plastic liner, 
and (c) insulation.
    The products subject to the investigations are currently 
classifiable under subheadings 8418.10.0010, 8418.10.0020, 
8418.10.0030, and 8418.10.0040 of the Harmonized Tariff System of the 
United States (HTSUS). Products subject to these investigations may 
also enter under HTSUS subheadings 8418.21.0010, 8418.21.0020, 
8418.21.0030, 8418.21.0090, and 8418.99.4000, 8418.99.8050, and 
8418.99.8060. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
merchandise subject to this scope is dispositive.

[FR Doc. 2011-10048 Filed 4-25-11; 8:45 am]
BILLING CODE 3510-DS-P