[Federal Register Volume 76, Number 226 (Wednesday, November 23, 2011)]
[Notices]
[Pages 72440-72441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30185]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-477 and 731-TA-1180-1181 (Final)]


Bottom Mount Combination Refrigerator-Freezers From Korea and 
Mexico; Scheduling of the Final Phase of Countervailing Duty and 
Antidumping Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of countervailing duty investigation no. 701-TA-477 (Final) 
under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)) 
(the Act) and the final phase of antidumping investigation nos. 731-TA-
1180-1181 (Final) under section 735(b) of the Act (19 U.S.C. 1673d(b)) 
to determine whether an industry in the United States is materially 
injured or threatened with material injury, or the establishment of an 
industry in the United States is materially retarded, by reason of 
subsidized imports from Korea \1\ and less-than-fair-value imports from 
Korea and Mexico of bottom mount combination refrigerator-freezers, 
provided for in subheadings 8418.10.00, 8418.21.00, 8418.99.40, and 
8418.99.80 of the Harmonized Tariff Schedule of the United States.\2\
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    \1\ Although the Department of Commerce has preliminarily 
determined that imports of bottom mount combination refrigerator-
freezers from Korea are not being and are not likely to be 
subsidized by the Government of Korea, for purposes of efficiency 
the Commission hereby waives rule 207.21(b) so that the final phase 
of the investigations may proceed concurrently in the event that 
Commerce makes a final affirmative determination with respect to 
such imports. Section 207.21(b) of the Commission's rules provides 
that, where the Department of Commerce has issued a negative 
preliminary determination, the Commission will publish a Final Phase 
Notice of Scheduling upon receipt of an affirmative final 
determination from Commerce.
    \2\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as all bottom mount 
combination refrigerator-freezers and certain assemblies thereof 
from Korea and Mexico. For purposes of these 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:
    (1) The cabinet contains at least two interior storage 
compartments accessible through one or more separate external doors 
or drawers or a combination thereof;
    (2) 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; and
    (3) There is at least one freezer or convertible compartment 
that is mounted below the upper-most interior storage 
compartment(s).
    For purposes of these investigations, a refrigerator compartment 
is capable of 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 these 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 petitions 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.
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    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A and C 
(19 CFR part 207).

DATES: Effective Date: November 2, 2011.

FOR FURTHER INFORMATION CONTACT: Christopher Cassise (202) 708-5408, 
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 (http://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background.--The final phase of these investigations is being 
scheduled as a result of affirmative preliminary determinations by the 
Department of Commerce that bottom mount combination refrigerator-
freezers from Korea and Mexico are being sold in the United States at 
less than fair value within the meaning of section 733 of the Act (19 
U.S.C. 1673b). The investigations were requested in a petition filed on 
March 30, 2011, by Whirlpool Corporation, Benton Harbor, MI.
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations 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, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing

[[Page 72441]]

the names and addresses of all persons, or their representatives, who 
are parties to the investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on February 
28, 2012, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on March 13, 
2012, at the U.S. International Trade Commission Building. Requests to 
appear at the hearing should be filed in writing with the Secretary to 
the Commission on or before March 8, 2012. A nonparty who has testimony 
that may aid the Commission's deliberations may request permission to 
present a short statement at the hearing. All parties and nonparties 
desiring to appear at the hearing and make oral presentations should 
attend a prehearing conference to be held at 9:30 a.m. on March 12, 
2012, at the U.S. International Trade Commission Building. Oral 
testimony and written materials to be submitted at the public hearing 
are governed by sections 201.6(b)(2), 201.13(f), and 207.24 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 hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is March 6, 2012. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is March 20, 2012; witness testimony must be filed no later than 
three days before the hearing. In addition, any person who has not 
entered an appearance as a party to the investigations may submit a 
written statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before March 20, 2012. On April 10, 2012, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before April 12, 2012, but such 
final comments must not contain new factual information and must 
otherwise comply with section 207.30 of the Commission's rules. All 
written submissions must conform with the provisions of section 201.8 
of the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of sections 201.6, 207.3, and 207.7 of 
the Commission's rules. Please consult the Commission's rules, as 
amended, 76 FR 61937 (Oct. 6, 2011) and the Commission's Handbook on 
Filing Procedures, 76 FR 62092 (Oct. 6, 2011), available on the 
Commission's Web site at http://edis.usitc.gov.
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI 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.

    Authority:  These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: November 17, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-30185 Filed 11-22-11; 8:45 am]
BILLING CODE 7020-02-P