[Federal Register Volume 82, Number 23 (Monday, February 6, 2017)]
[Notices]
[Pages 9371-9373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02469]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-033]


Large Residential Washers From the People's Republic of China: 
Amended Final Affirmative Antidumping Duty Determination and 
Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (the 
ITC), the Department is issuing an antidumping duty order on large 
residential washers (LRWs) from the People's Republic of China (PRC). 
In addition, the Department is amending its final affirmative 
determination to correct ministerial errors.

DATES: Effective February 6, 2017.

FOR FURTHER INFORMATION CONTACT: Brian Smith at (202) 482-1766 or 
Denisa Ursu at (202) 482-2285, AD/CVD Operations, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.210(c), on December 15, 
2016, the Department published its affirmative final determination in 
the less-than-fair-value (LTFV) investigation of LRWs from the PRC.\1\ 
On January 30, 2017, the ITC notified the Department of its affirmative 
determination that an industry in the United States is materially 
injured within the meaning of section 735(b)(1)(A)(i) of the Act, by 
reason of the LTFV imports of LRWs from the PRC.\2\
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    \1\ See 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, 81 FR 90776 
(December 15, 2016) (Final Determination).
    \2\ See ITC Notification Letter to the Deputy Assistant 
Secretary for Enforcement and Compliance, referencing ITS 
Investigation No. 731-TA-1306 (January 30, 2017) (ITC Notification).
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Scope of the Order

    The products covered by this order are all large residential 
washers and certain parts thereof from the People's Republic of China.
    For purposes of this order, 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 \3\ designed for use 
in large residential washers which incorporate, at a minimum: (a) a 
tub; and (b) a seal; (3) all assembled baskets \4\ designed for use in 
large residential washers which incorporate, at a minimum: (a) a side 
wrapper; \5\ (b) a base; and (c) a drive hub; \6\ and (4) any 
combination of the foregoing parts or subassemblies.
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    \3\ A ``tub'' is the part of the washer designed to hold water.
    \4\ A ``basket'' (sometimes referred to as a ``drum'') is the 
part of the washer designed to hold clothing or other fabrics.
    \5\ A ``side wrapper'' is the cylindrical part of the basket 
that actually holds the clothing or other fabrics.
    \6\ 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; \7\ (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; \8\ or
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    \7\ ``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.
    \8\ 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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[[Page 9372]]

    (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,\9\ 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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    \9\ ``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; \10\ (3) have a drive train 
consisting, inter alia, of (a) a permanent split capacitor (PSC) 
motor,\11\ (b) a belt drive,\12\ and (c) a flat wrap spring clutch.\13\
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    \10\ ``Top loading'' means that access to the basket is from the 
top of the washer.
    \11\ A ``PSC motor'' is an asynchronous, alternating current 
(AC), single phase induction motor that employs split phase 
capacitor technology.
    \12\ A ``belt drive'' refers to a drive system that includes a 
belt and pulleys.
    \13\ 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; \14\ and (3) have a drive train 
consisting, inter alia, of (a) a controlled induction motor (CIM),\15\ 
and (b) a belt drive.
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    \14\ ``Front loading'' means that access to the basket is from 
the front of the washer.
    \15\ 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 order 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 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 merchandise subject to this order is dispositive.

Amendment to Final Determination

    The petitioner alleged in its December 19, 2016, submission \16\ 
that the Department made seven clerical errors in the Final 
Determination. After analyzing the petitioner's allegations and 
considering the respondents' comments, we agree that four of these 
seven allegations are ministerial errors within the meaning of 19 CFR 
351.224(f) and section 735(e) of the Act. Accordingly, pursuant to 
section 735(e) of the Act and 19 CFR 351.224(e) and (f), the Department 
is amending the Final Determination to reflect the correction of 
ministerial errors \17\ it made in calculating the final margin 
assigned to Nanjing LG-Panda Appliances Co., Ltd. (LG) and Suzhou 
Samsung Electronics Co., Ltd./Suzhou Samsung Electronics Co. Ltd--
Export (collectively, Samsung).\18\ In addition, because the PRC-Wide 
Entity rate is based on the margins for LG and Samsung, we are revising 
the PRC-Wide Entity rate.\19\
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    \16\ See letter from the petitioner, ``Large Residential Washers 
from the People's Republic of China: Petitioner's Allegation of 
Ministerial Errors,'' dated December 19, 2016.
    \17\ See section 735(e) of the Act.
    \18\ For a detailed discussion of the ministerial error 
allegations, see Memorandum to Gary Taverman, Associate Deputy 
Assistant Secretary for AD/CVD Operations, from Irene Darzenta 
Tzafolias, Director, Office VIII, ``Less-Than-Fair-Value 
Investigation of Large Residential Washers from the People's 
Republic of China: Allegation of Ministerial Errors in the Final 
Determination,'' dated concurrently with this notice (Clerical Error 
Allegation Memorandum).
    \19\ See the ``Estimated Weighted-Average Dumping Margins'' 
section below.
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Antidumping Duty Order

    As stated above, on January 30, 2017, in accordance with section 
735(d) of the Act, the ITC notified the Department of its final 
determination in this investigation, in which it found material injury 
with respect to LRWs from the PRC.\20\ Therefore, in accordance with 
section 735(c)(2) of the Act, we are issuing this antidumping duty 
order. Because the ITC determined that imports of LRWs from the PRC are 
materially injuring a U.S. industry, unliquidated entries of such 
merchandise from the PRC entered or withdrawn from warehouse for 
consumption, are subject to the assessment of antidumping duties.
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    \20\ See ITC Notification.
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    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by the Department, antidumping duties 
equal to the amount by which the normal value of the merchandise 
exceeds the constructed export price of the merchandise, for all 
relevant entries of LRWs from the PRC.
    Antidumping duties will be assessed on unliquidated entries of LRWs 
from the PRC entered, or withdrawn from warehouse, for consumption on 
or after July 26, 2016, the date of publication of the Preliminary 
Determination.\21\
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    \21\ 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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Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on all relevant entries 
of LRWs from the PRC. These instructions suspending liquidation will 
remain in effect until further notice.
    We will also instruct CBP to require cash deposits equal to the 
amounts as indicated below. Accordingly, effective on the date of 
publication of the ITC's final affirmative injury determination, CBP 
will require, at the same time as importers would normally deposit 
estimated duties on this subject merchandise, a cash deposit equal to 
the estimated weighted- average dumping margins listed below.\22\ The 
PRC-Wide Entity rate applies to all producers or exporters not 
specifically listed.
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    \22\ See section 736(a)(3) of the Act.
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Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months.
    At the request of exporters that account for a significant 
proportion of LRWs from the PRC, we extended the four-month period to 
six months in this case.\23\ In the underlying investigation, the 
Department published the Preliminary Determination on July 26, 2016. 
Therefore, the extended period

[[Page 9373]]

beginning on the date of publication of the Preliminary Determination, 
ended January 22, 2017. Furthermore, section 737(b) of the Act states 
that definitive duties are to begin on the date of publication of the 
ITC's final injury determination.
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    \23\ See Preliminary Determination.
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    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of LRWs from the PRC entered, or withdrawn from 
warehouse, for consumption on or after January 22, 2017, the date on 
which the provisional measures expired, until and through the day 
preceding the date of publication of the ITC's final injury 
determinations in the Federal Register. Suspension of liquidation will 
resume on the date of publication of the ITC's final determination in 
the Federal Register.

Estimated Weighted-Average Dumping Margins

    The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                             Weighted-
            Exporter                     Producer         average margin
                                                                (%)
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Nanjing LG-Panda Appliances      Nanjing LG-Panda                  38.43
 Co., Ltd./LG Electronics, Inc    Appliances Co., Ltd.
 *.
Suzhou Samsung Electronics Co.,  Suzhou Samsung                    57.37
 Ltd./Suzhou Samsung              Electronics Co., Ltd./
 Electronics Co. Ltd--Export/     Suzhou Samsung
 Samsung Electronics Co., Ltd *.  Electronics Co. Ltd--
                                  Export.
PRC-Wide Entity................  .......................           49.72
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* In the Final Determination, LG Electronics, Inc. and Samsung
  Electronics Co., Ltd. Were inadvertently omitted from the margin
  table.

    This notice constitutes the antidumping duty order with respect to 
LRWs from the PRC pursuant to section 736(a) of the Act. Interested 
parties can find a list of antidumping duty orders currently in effect 
at http://enforcement.trade.gov/stats/iastats1.html.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: January 31, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-02469 Filed 2-3-17; 8:45 am]
 BILLING CODE 3510-DS-P