[Federal Register Volume 77, Number 165 (Friday, August 24, 2012)]
[Notices]
[Pages 51569-51570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20836]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-488 (Final) and 731-TA-1199-1200 (Final)]


Large Residential Washers 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-488 (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-
1199-1200 (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 and less-than-fair-value imports from 
Korea and Mexico of large residential washers, provided for in 
subheading 8450.20.00 of the Harmonized Tariff Schedule of the United 
States.\1\
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    \1\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as: ``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 designed 
for use in large residential washers which incorporate, at a 
minimum: (a) A tub; and (b) a seal; (3) all assembled baskets 
designed for use in large residential washers which incorporate, at 
a minimum: (a) A side wrapper; (b) a base; and (c) a drive hub; and 
(4) any combination of the foregoing subassemblies.
    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; (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; or (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, the unit cannot 
begin a wash cycle without first receiving a signal from a bonafide 
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.
    Also excluded from the scope are automatic clothes washing 
machines with a vertical rotational axis and a rated capacity of 
less than 3.7 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 investigations are currently 
classifiable under subheading 8450.20.0090 of the Harmonized Tariff 
System of the United States (HTSUS). Products subject to these 
investigations 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.''
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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: August 3, 2012.

FOR FURTHER INFORMATION CONTACT: Edward Petronzio (202-205-3176), 
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 certain benefits which constitute subsidies 
within the meaning of section 703 of the Act (19 U.S.C. 1671b) are 
being provided to manufacturers, producers, or exporters in Korea of 
large residential washers, and that imports of such products 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 December 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

[[Page 51570]]

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 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 November 
27, 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 December 
11, 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 December 6, 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 December 8, 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 December 4, 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 December 18, 2012. 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 December 18, 2012. On January 11, 2013, 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 January 15, 2013, 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 be aware that the Commission's rules 
with respect to electronic filing have been amended. The amendments 
took effect on November 7, 2011. See 76 FR 61937 (Oct. 6, 2011) and the 
newly revised Commission's Handbook on E-Filing, 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.

     Issued: August 20, 2012.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-20836 Filed 8-23-12; 8:45 am]
BILLING CODE 7020-02-P