[Federal Register Volume 81, Number 241 (Thursday, December 15, 2016)]
[Notices]
[Pages 90776-90779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30150]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-033]


Large Residential Washers From the People's Republic of China: 
Final Determination of Sales at Less Than Fair Value and Final Negative 
Determination of Critical Circumstances

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

SUMMARY: The Department of Commerce (the Department) determines that 
imports of large residential washers (LRWs) from the People's Republic 
of China (PRC) are being, or likely to be, sold in the United States at 
less than fair value (LTFV). The period of investigation (POI) is April 
1, 2015, through September 30, 2015. The final weighted-average dumping 
margins for this investigation are listed in the ``Final Determination 
Margins'' section of this notice.

DATES: Effective December 15, 2016.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Rebecca Trainor, AD/CVD 
Operations, Office VIII, respectively, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1766 or (202) 482-4007.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the Preliminary Determination in the LTFV 
investigation of large residential washers from the PRC on July 26, 
2016.\1\
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    \1\ See Large Residential Washers from the People's Republic of 
China: Preliminary Determination of Sales at Less Than Fair Value, 
Preliminary Affirmative Determination of Critical Circumstances, in 
Part, and Postponement of Final Determination, 81 FR 48741 (July 26, 
2016) (Preliminary Determination) and accompanying Preliminary 
Decision Memorandum.
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    A summary of the events that occurred since the Department 
published the Preliminary Determination, as well as a full discussion 
of the issues raised by parties for this final determination, may be 
found in the Issues and Decision Memorandum.\2\ The Issues and 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). ACCESS is available to 
registered users at http://access.trade.gov, and is available to all 
parties in the Central Records Unit, Room B8024 of the main Department 
of Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum 
and the electronic version are identical in content.
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    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Antidumping Duty Investigation of Large Residential Washers from 
the People's Republic of China: Issues and Decision Memorandum for 
the Final Determination of Sales at Less-Than-Fair-Value'' (Issues 
and Decision Memorandum), dated concurrently with this determination 
and hereby adopted by this notice.

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[[Page 90777]]

Period of Investigation

    The POI is April 1, 2015, through September 30, 2015.

Scope of the Investigation

    The products covered by this investigation are LRWs. These products 
are properly classified under Harmonized Tariff Schedule of the United 
States (HTSUS) subheadings 8450.20.0040 and 8450.20.0080. Covered 
merchandise may also enter under the following 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 under 
investigation is dispositive. For a complete description of the scope 
of this investigation, see the ``Scope of the Investigation,'' in 
Appendix I of this notice.

Scope Comments

    Since the Preliminary Determination, the Department has requested 
and received comments on the scope of this investigation from the 
parties in this investigation. See Issues and Decision Memorandum for 
further details. The scope in Appendix I reflects the final scope 
language.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of these issues is attached to this 
notice as Appendix II.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), in August and September 2016, we verified the sales and 
factors of production information submitted by the two mandatory 
respondents in this case: Nanjing LG-Panda Appliances Co., Ltd. (LG) 
and Suzhou Samsung Electronics Co., Ltd./Suzhou Samsung Electronics Co. 
Ltd--Export (collectively, Samsung). We used standard verification 
procedures, including an examination of relevant accounting and 
production records, and original source documents provided by both 
respondents.\3\
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    \3\ See Memorandum to the File from Brian Smith and Brandon 
Custard, Senior International Trade Compliance Specialists, 
``Verification of the Questionnaire Responses of Nanjing LG-Panda 
Appliances Co., Ltd. in the Antidumping Investigation of Large 
Residential Washers from the People's Republic of China (PRC),'' 
dated October 5, 2016; Memorandum to the File from David Goldberger 
and Kate Johnson, Senior International Trade Compliance Specialists, 
``Verification of the CEP Sales Response of Nanjing LG-Panda 
Appliances Co., Ltd. and LG Electronics USA, Inc.,'' dated October 
6, 2016; Memorandum to the File from Brian Smith and Brandon 
Custard, Senior International Trade Compliance Specialists, 
``Verification of the Questionnaire Responses of Suzhou Samsung 
Electronics Co., Ltd. (SSEC) and Suzhou Samsung Electronics Co., 
Ltd.--Export (SSEC) (collectively Samsung) in the Antidumping 
Investigation of Large Residential Washers (LRWs) from the People's 
Republic of China (PRC),'' dated October 7, 2016; and Memorandum to 
the File from Kate Johnson and David Goldberger, Senior 
International Trade Compliance Specialists, ``Verification of the 
CEP Sales Response of Suzhou Samsung Electronics Co., Ltd., Suzhou 
Samsung Electronics Co., Ltd.--Export, and Samsung Electronics 
America, Inc.,'' dated October 14, 2016.
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Changes to the Dumping Margin Calculations Since the Preliminary 
Determination

    Based on the Department's analysis of the comments received and 
findings at verification, we made certain changes to our dumping margin 
calculations. For a discussion of these changes, see the Issues and 
Decision Memorandum.

Combination Rates

    In the Initiation Notice,\4\ the Department stated that it would 
calculate combination rates for the respondents that are eligible for a 
separate rate in this investigation.\5\
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    \4\ See Large Residential Washers from the People's Republic of 
China: Initiation of Less-Than-Fair-Value Investigation, 81 FR 1398 
(January 12, 2016) (Initiation Notice).
    \5\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' dated April 5, 2005 (Policy Bulletin 05.1), available 
on the Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.
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Final Determination Dumping Margins

    The Department determines, as provided in section 735 of the Act, 
that the following weighted-average dumping margins exist for the 
period April 1, 2015, through September 30, 2015:

------------------------------------------------------------------------
                                                             Weighted-
            Exporter                     Producer         average margin
                                                                (%)
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Nanjing LG-Panda Appliances      Nanjing LG-Panda                  32.12
 Co., Ltd.                        Appliances Co., Ltd.
Suzhou Samsung Electronics Co.,  Suzhou Samsung                    52.51
 Ltd./Suzhou Samsung              Electronics Co., Ltd./
 Electronics Co. Ltd--Export.     Suzhou Samsung
                                  Electronics Co. Ltd--
                                  Export.
PRC-Wide Entity................  .......................           44.28
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PRC-Wide Rate

    In calculating rates for non-individually investigated respondents 
in the context of non-market economy cases, the Department looks to 
section 735(c)(5)(A)-(B) of the Act, which provides instructions for 
calculating the all-others rate in an investigation.\6\ Section 
735(c)(5)(A) of the Act provides that the estimated all-others rate 
shall be equivalent to the weighted average of the estimated weighted-
average dumping margins calculated for exporters and producers 
individually investigated, excluding any margins that are zero, de 
minimis, or based entirely on facts available. Section 735(c)(5)(B) of 
the Act provides that where all individually investigated exporters or 
producers receive rates that are zero, de minimis, or based entirely on 
facts available, the Department may use ``any reasonable method'' to 
establish the all-others rate for those companies not individually 
investigated.
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    \6\ See Xanthan Gum from the People's Republic of China: Final 
Determination of Sales at Less Than Fair Value, 78 FR 33351 (June 4, 
2013), and accompanying Issues and Decision Memorandum at page 4-5.
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    In this investigation, the Department examined all known exporters/
producers of the subject merchandise. In addition, no other PRC 
exporters of the subject merchandise during the POI established 
entitlement to a separate rate.\7\ Thus, no non-individually-examined 
separate rates are being assigned in this investigation. Furthermore, 
there currently exist no respondents that have failed to cooperate in 
this investigation, and there are no zero or de minimis margins. 
Therefore, consistent with the Preliminary Determination, we have based 
the PRC-wide rate on a weighted-average of the calculated rates 
determined for the mandatory

[[Page 90778]]

respondents,\8\ consistent with section 735(c)(5)(A) of the Act.\9\
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    \7\ See Preliminary Determination, 81 FR at 48742.
    \8\ With two respondents, we normally calculate (A) a weighted-
average of the dumping margins calculated for the mandatory 
respondents; (B) a simple average of the dumping margins calculated 
for the mandatory respondents; and (C) a weighted-average of the 
dumping margins calculated for the mandatory respondents using each 
company's publicly-ranged values for the merchandise under 
consideration. We then compare (B) and (C) to (A) and select the 
rate closest to (A) as the most appropriate rate for all other 
companies. See Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010). Since the Preliminary Determination, we 
requested and received complete publicly-ranged quantities from both 
respondents to properly conduct this comparison. See Samsung's 
August 11, 2016 Sections A and D Supplemental Questionnaire Response 
at Exhibit SAD-1, and LG's July 29, 2016, Section A Supplemental 
Questionnaire Response. For the final determination, we are using a 
weighted-average of the dumping margins calculated using the 
publicly-ranged quantities for the mandatory respondents as the PRC-
wide rate. See also, Memorandum to the File, ``Large Residential 
Washers from the People's Republic of China: Calculation of the 
Final Margin for the PRC-Wide Entity'' dated December 8, 2016.
    \9\ See Welded Stainless Pressure Pipe from the Socialist 
Republic of Vietnam: Final Determination of Sales at Less Than Fair 
Value, 79 FR 31092-93 (May 30, 2014); and Notice of Final 
Determination of Sales at Less Than Fair Value: Certain Small 
Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe 
from Romania, 65 FR 39125, 39127 (June 23, 2000).
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Critical Circumstances

    In the Preliminary Determination,\10\ we found that critical 
circumstances did not exist for entries of subject merchandise from LG, 
but did exist for entries of subject merchandise from Samsung and the 
PRC-wide entity. Based on an analysis of updated shipment data provided 
by LG and Samsung (i.e., including July 2016 data), as is our practice, 
we continue to find that critical circumstances do not exist with 
respect to LG, and for this final determination, we also find that 
critical circumstances do not exist with respect to Samsung and the 
PRC-wide entity. For further discussion, see the Issues and Decision 
Memorandum.\11\
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    \10\ See Preliminary Determination, 81 FR at 48742.
    \11\ See also Memorandum to the File from Brian C. Smith, 
``Final Critical Circumstances Analysis,'' dated December 8, 2016.
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Continuation of Suspension of Liquidation

    As noted above, the Department has found that critical 
circumstances do not longer exist with respect to imports of the 
subject merchandise from Samsung or the PRC-wide entity. Accordingly, 
for Samsung and the PRC-wide entity, in accordance with section 
735(c)(3) of the Act, we will instruct Customs and Border Protection 
(CBP) to discontinue the suspension of liquidation, and to liquidate, 
without regard to antidumping duties, subject merchandise exported by 
Samsung and the PRC-wide entity and entered, or withdrawn from 
warehouse, on or after April 27, 2016, and before July 26, 2016.
    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation of all imports of the 
merchandise subject to the investigation from the respondents and the 
PRC-wide entity, that were entered or withdrawn from warehouse, for 
consumption on or after July 26, 2016, the date of publication of the 
Preliminary Determination in the Federal Register, and require a cash 
deposit as noted below.
    The Department will instruct CBP to require a cash deposit equal to 
the amount by which the normal value exceeds U.S. price as follows: (1) 
For the exporter/producer combinations listed in the table above, the 
cash deposit rate is the weighted-average dumping margin listed for 
that combination in the table; (2) for all combinations of PRC 
exporters/producers of merchandise under consideration not listed in 
the table above, the cash deposit rate is the weighted average dumping 
margin listed for the PRC-wide entity in the table above; and (3) for 
all non-PRC exporters of merchandise under consideration not listed in 
the table above, the cash deposit rate is the cash deposit rate 
applicable to the PRC exporter/producer combination that supplied that 
non-PRC exporter. The suspension of liquidation instructions will 
remain in effect until further notice.

Disclosure

    We intend to disclose to parties in this proceeding the 
calculations performed for this final determination within five days of 
the date of public announcement of our final determination, in 
accordance with 19 CFR 351.224(b).

International Trade Commission (ITC) Notification

    In accordance with section 735(d) of the Act, we will notify the 
ITC of our final affirmative determination of sales at LTFV. Because 
the final determination in this proceeding is affirmative, in 
accordance with section 735(b)(2) of the Act, the ITC will make its 
final determination as to whether the domestic industry in the United 
States is materially injured, or threatened with material injury, by 
reason of imports of subject merchandise from the PRC no later than 45 
days after our final determination. If the ITC determines that such 
injury does not exist, this proceeding will be terminated and all 
securities posted will be refunded or canceled. If the ITC determines 
that such injury does exist, the Department will issue an antidumping 
duty order directing CBP to assess, upon further instruction by the 
Department, antidumping duties on all imports of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the effective date of the suspension of liquidation.

Notification Regarding Administrative Protective Orders

    This notice will serve as a reminder to the parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of propriety information disclosed under APO 
in accordance with 19 CFR 351.305. Timely written notification of 
return or destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a sanctionable violation.
    We are issuing and publishing this determination in accordance with 
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).

    Dated: December 8, 2016.
Paul Piquado
Assistant Secretary for Enforcement and Compliance.

Appendix I: Scope of the Investigation

    The products covered by this investigation are all large 
residential washers and certain parts thereof from the People's 
Republic of China.
    For purposes of this investigation, the term ``large residential 
washers'' denotes all automatic clothes washing machines, regardless 
of the orientation of the rotational axis, 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), except as noted below.
    Also covered are certain parts used in large residential 
washers, namely: (1) All cabinets, or portions thereof, designed for 
use in large residential washers; (2) all assembled tubs \12\ 
designed for use in large residential washers which incorporate, at 
a minimum: (a) A tub; and (b) a seal; (3) all assembled baskets \13\ 
designed for use in large residential washers which incorporate, at 
a minimum: (a) A side wrapper; \14\ (b) a base; and (c) a drive hub; 
\15\

[[Page 90779]]

and (4) any combination of the foregoing parts or subassemblies.
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    \12\ A ``tub'' is the part of the washer designed to hold water.
    \13\ A ``basket'' (sometimes referred to as a ``drum'') is the 
part of the washer designed to hold clothing or other fabrics.
    \14\ A ``side wrapper'' is the cylindrical part of the basket 
that actually holds the clothing or other fabrics.
    \15\ A ``drive hub'' is the hub at the center of the base that 
bears the load from the motor.
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    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'' segment meeting either of the 
following two definitions:
    (1)(a) It contains payment system electronics; \16\ (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; \17\ or
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    \16\ ``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.
    \17\ 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.
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    (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,\18\ 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.
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    \18\ ``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).
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    Also excluded from the scope are automatic clothes washing 
machines that meet all of the following conditions: (1) Have a 
vertical rotational axis; (2) are top loading; \19\ (3) have a drive 
train consisting, inter alia, of (a) a permanent split capacitor 
(PSC) motor,\20\ (b) a belt drive,\21\ and (c) a flat wrap spring 
clutch.\22\
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    \19\ ``Top loading'' means that access to the basket is from the 
top of the washer.
    \20\ A ``PSC motor'' is an asynchronous, alternating current 
(AC), single phase induction motor that employs split phase 
capacitor technology.
    \21\ A ``belt drive'' refers to a drive system that includes a 
belt and pulleys.
    \22\ A ``flat wrap spring clutch'' is a flat metal spring that, 
when engaged, links abutted cylindrical pieces on the input shaft 
with the end of the concentric output shaft that connects to the 
drive hub.
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    Also excluded from the scope are automatic clothes washing 
machines that meet all of the following conditions: (1) Have a 
horizontal rotational axis; (2) are front loading; \23\ and (3) have 
a drive train consisting, inter alia, of (a) a controlled induction 
motor (CIM),\24\ and (b) a belt drive.
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    \23\ ``Front loading'' means that access to the basket is from 
the front of the washer.
    \24\ A ``controlled induction motor'' is an asynchronous, 
alternating current (AC), polyphase induction motor.
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    Also excluded from the scope are automatic clothes washing 
machines that meet all of the following conditions: (1) Have a 
horizontal rotational axis; (2) are front loading; and (3) have 
cabinet width (measured from its widest point) of more than 28.5 
inches (72.39 cm).
    The products subject to this investigation are currently 
classifiable under subheadings 8450.20.0040 and 8450.20.0080 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Products 
subject to this investigation 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 
investigation is dispositive.

Appendix II: List of Topics in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Margin Calculations
VI. Discussion of the Issues:

General

Comment 1: Critical Circumstances
Comment 2: Differential Pricing and Use of Average-to-Average 
Comparisons
Comment 3: Differential Pricing and Use of ``Zeroing''
Comment 4: Scope--Subassemblies and Cabinet Portions
Comment 5: Scope--Pedestal Washers
Comment 6: Use of Acquisition Costs for Surrogate Value Selection
Comment 7: Use of Subheading 8450.90 to Value Certain Parts
Comment 8: Surrogate Financial Ratios
Comment 9: Factors of Production Underreporting

Samsung

Comment 10: Seven Assembled Parts Containing Multiple Materials
Comment 11: Other Washer Parts
Comment 12: Assembly S. Panel Control
Comment 13: Weight Balancer (also known as Concrete Counterweight)
Comment 14: Drain Pump Assembly
Comment 15: Thermistors and Thermistor Assemblies, Pressure Sensors, 
and MEMS Sensors
Comment 16: Motor Drain Clutch
Comment 17: Assembly Hinge
Comment 18: Assembly Hose Circulation
Comment 19: Flange Shaft Spider
Comment 20: Inlay Panel
Comment 21: Tapping Screws
Comment 22: Warranty Expenses
Comment 23: Corrections from Verification
Comment 24: Programming Clerical Error in the Preliminary 
Determination

LG

Comment 25: Motor and Pump Assembly
Comment 26: Water Level Controller Assembly
Comment 27: Temperature Sensor
Comment 28: Printed Circuit Boards (PCBs)
Comment 29: Top Load Aluminum Inner Tub Base
Comment 30: Hose Assembly
Comment 31: Electrical Connector
Comment 32: Rubber Gasket
Comment 33: Washer Door Hinge Assembly
Comment 34: Shaft Housing Assembly
Comment 35: Microswitches
Comment 36: Brackets
Comment 37: Concrete Counterweights
Comment 38: By-Product Scrap
Comment 39: Steel Wire Clamps
Comment 40: Tapping Screw
Comment 41: Washer Mixed Trim Piece, Washer Trim Piece, and Trim 
Piece
Comment 42: Leaf Spring and Leaf Hinge Spring
Comment 43: Metal Nameplate
Comment 44: Carbon Film Resistor
Comment 45: Check Valve
Comment 46: Thinner
Comment 47: Owner's Manual Package
Comment 48: Cold Rolled Steel (51mm x 1mm)
Comment 49: Galvanized Steel Coil (Greater Than 600mm)
Comment 50: Steel Cold-Rolled Carbon Sheet Hot Dipped Galvanized 
(540mm x 0.4mm x 380.7 and 526mm x 0.4mm x 575)
Comment 51: Steel Cold-Rolled Stainless Sheet Uncoated (645mm x 
0.6mm x 645; 685mm x 0.6mm x 685; 720mm x 1mm x 720; and 700mm x 
0.5mm x 700)
Comment 52: Stainless Steel Coil (365mm x 0.5mm)
Comment 53: U.S. Indirect Selling Expense Ratio Expense Calculation
Comment 54: Commissions on Rebates
Comment 55: Warranty Expenses
Comment 56: Corrections from Verification
Comment 57: Programming Clerical Errors in the Preliminary 
Determination
VII. Recommendation

[FR Doc. 2016-30150 Filed 12-14-16; 8:45 am]
BILLING CODE 3510-DS-P