[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)]
[Notices]
[Pages 12456-12458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05473]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-868]


Large Residential Washers From the Republic of Korea: Preliminary 
Results of the Antidumping Duty Administrative Review; 2012-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on large 
residential washers from the Republic of Korea. The period of review 
(POR) is August 3, 2012, through January 31, 2014. The review covers 
three producers and exporters of the subject merchandise, Daewoo 
Electronics Corporation (Daewoo), LG Electronics, Inc. (LGE), and 
Samsung Electronics Co., Ltd. (Samsung). We preliminarily determine 
that sales of subject merchandise have been made at prices below normal 
value. Interested parties are invited to comment on these preliminary 
results.

DATES: Effective Date: March 9, 2015.

FOR FURTHER INFORMATION CONTACT: David Goldberger or Reza Karamloo, AD/
CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-4136 
or (202) 482-4470, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The products covered by the order are all large residential washers 
and certain subassemblies thereof from Korea. The products are 
currently classifiable under subheadings 8450.20.0040 and 8450.20.0080 
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

[[Page 12457]]

merchandise subject to this scope is dispositive.\1\
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    \1\ A full description of the scope of the order is contained in 
the memorandum to Paul Piquado, Assistant Secretary for Enforcement 
and Compliance, from Gary Taverman, Associate Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Large Residential Washers from Korea: Decision Memorandum for the 
Preliminary Results of the Antidumping Duty Administrative Review; 
2012-2014,'' dated concurrently with and adopted by this notice 
(Preliminary Decision Memorandum). The HTSUS numbers are revised 
from the numbers previously stated in the scope. See Memorandum to 
the File entitled ``Changes to the HTS Numbers to the ACE Case 
Reference Files for the Antidumping Duty Orders,'' dated January 6, 
2015.
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Methodology

    The Department conducted this review in accordance with sections 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Export price and constructed export price are calculated in accordance 
with section 772 of the Act. Normal value is calculated in accordance 
with section 773 of the Act. Because mandatory respondents Daewoo and 
Samsung failed to respond to the Department's questionnaire, we 
preliminarily find it appropriate to use adverse facts available (AFA) 
in determining their weighted-average dumping margins, in accordance 
with sections 776(a) and (b) of the Act and 19 CFR 351.308. For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum, which is hereby adopted by this 
notice. The Preliminary Decision Memorandum is a public document and is 
on file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS).\2\ 
ACCESS is available to registered users at http://access.trade.gov and 
to all parties in the Central Records Unit, room 7046 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic version of the Preliminary Decision Memorandum are 
identical in content. A list of the topics discussed in the Preliminary 
Decision Memorandum is attached as an Appendix to this notice.
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    \2\ On November 24, 2014, Enforcement and Compliance changed the 
name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized 
Electronic Service System (``ACCESS''). The Web site location was 
changed from http://iaaccess.trade.gov to http://access.trade.gov. 
The Final Rule changing the references to the Regulations can be 
found at 79 FR 69046 (November 20, 2014).
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Preliminary Results of the Review

    As a result of this review, the Department preliminarily determines 
that the following weighted-average dumping margins exist for the 
period August 3, 2012, through January 31, 2014.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/exporter                       dumping
                                                                margin
                                                               (percent)
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Daewoo Electronics Corporation..............................       82.41
LG Electronics, Inc.........................................        1.57
Samsung Electronics Co., Ltd................................       82.41
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Disclosure and Public Comment

    We will disclose the calculations performed to parties in this 
segment of the proceeding within five days of the date of publication 
of this notice in accordance with 19 CFR 351.224(b).
    Interested parties may submit case briefs not later than 30 days 
after the date of publication of this notice.\3\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than five days after the date for filing case briefs.\4\ Pursuant to 19 
CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or 
rebuttal briefs in this proceeding are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.
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    \3\ See 19 CFR 351.309(c).
    \4\ See 19 CFR 351.309(d).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce. All documents must be filed 
electronically using ACCESS. An electronically filed request must be 
received successfully in its entirety by ACCESS by 5:00 p.m. Eastern 
Standard Time, within 30 days after the date of publication of this 
notice.\5\ Requests should contain the party's name, address, and 
telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing is made, the Department 
intends to hold the hearing at the U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230, at a time and 
date to be determined. Parties should confirm by telephone the date, 
time, and location of the hearing two days before the scheduled date.
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    \5\ See 19 CFR 351.310(c).
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    The Department intends to issue the final results of this 
administrative review, including the results of its analysis of issues 
raised in any written briefs, not later than 120 days after the date of 
publication of this notice, unless the deadline is extended.\6\
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    \6\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Assessment Rates

    Upon issuance of the final results, the Department shall determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\7\ If we 
continue to rely on adverse facts available to establish Daewoo's and 
Samsung's weighted-average dumping margins, we will instruct CBP to 
apply an ad valorem assessment rate of 82.41 percent to all entries of 
subject merchandise during the POR which were produced and/or exported 
by Daewoo and Samsung.
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    \7\ See 19 CFR 351.212(b).
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    For those sales where LG reported the entered value of its U.S. 
sales, we calculated importer-specific ad valorem duty assessment rates 
based on the ratio of the total amount of antidumping duties calculated 
for the examined sales to the total entered value of the examined sales 
to that importer. For those sales where the respondent did not report 
the entered value of its U.S. sales, we calculated importer-specific or 
customer-specific per-unit duty assessment rates by aggregating the 
total amount of antidumping duties calculated for the examined sales 
and dividing this amount by the total quantity of those sales. To 
determine whether this duty assessment rate is de minimis, in 
accordance with the requirement set forth in 19 CFR 351.106(c)(2), we 
will calculate an importer-specific ad valorem ratio based on the 
estimated entered value.
    We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review when the importer-specific 
assessment rate calculated in the final results of this review is above 
de minimis. Where either the exporter's weighted-average dumping margin 
is zero or de minimis, or the importer-specific assessment rate is zero 
or de minimis, we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties.\8\
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    \8\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 
2012); 19 CFR 351.106(c)(2).
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    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the POR produced by LGE for

[[Page 12458]]

which the reviewed company did not know its merchandise was destined 
for the United States. In such instances, we will instruct CBP to 
liquidate unreviewed entries at the all-others rate if there is no rate 
for the intermediate company(ies) involved in the transaction. For a 
full discussion of this clarification, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 
FR 23954 (May 6, 2003).
    We intend to issue instructions to CBP 15 days after the 
publication date of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for Daewoo, LG, and 
Samsung will be the rate established in the final results of this 
review, except if the rate is less than 0.50 percent and, therefore, de 
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the 
cash deposit rate will be zero; (2) for previously reviewed or 
investigated companies not participating in this review, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recent period; (3) if the exporter is not a firm covered 
in this review, a prior review, or the original investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period for the manufacturer of the merchandise; and (4) 
the cash deposit rate for all other manufacturers or exporters will 
continue to be 11.80 percent, the all-others rate established in the 
less-than-fair-value investigation.\9\ These requirements, when 
imposed, shall remain in effect until further notice.
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    \9\ See Large Residential Washers From Mexico and the Republic 
of Korea: Antidumping Duty Orders, 78 FR 11148 (February 15, 2013).
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: March 2, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
    A. Use of Facts Otherwise Available and Adverse Inferences
    1. Application of AFA: Daewoo and Samsung
    2. Selection of the AFA Rate
    3. Corroboration of Secondary Information
    B. NV Comparisons
    1. Determination of Comparison Method
    2. Results of the Differential Pricing Analysis
    C. Product Comparisons
    D. EP and CEP
    E. NV
    1. Home Market Viability and Selection of Comparison Market
    2. Affiliated Party Transactions and Arm's-Length Test
    3. Level of Trade (LOT)
    F. Cost of Production (COP) Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    G. Calculation of NV Based on Comparison-Market Prices
    H. Calculation of NV Based on CV
    I. Currency Conversion
V. Recommendation

[FR Doc. 2015-05473 Filed 3-6-15; 8:45 am]
 BILLING CODE 3510-DS-P