[Federal Register Volume 84, Number 87 (Monday, May 6, 2019)]
[Notices]
[Pages 19763-19764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09213]



[[Page 19763]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-842, A-580-868, C-580-869]


Large Residential Washers From Mexico and the Republic of Korea: 
Continuation of Antidumping Duty Order (Mexico) and Revocation of 
Antidumping and Countervailing Duty Orders (Korea)

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC) that 
revocation of the antidumping (AD) duty order on large residential 
washers (washers) from Mexico would likely lead to continuation or 
recurrence of dumping and material injury to an industry in the United 
States, Commerce is publishing a notice of continuation of the AD duty 
order. In addition, as a result of the ITC's determination that 
revocation of the AD and countervailing duty (CVD) orders on washers 
from the Republic of Korea (Korea) is not likely to lead to 
continuation or recurrence of material injury to an industry in the 
United States, Commerce is revoking the AD and CVD orders on washers 
from Korea.

DATES: AD/CVD Revocation (Korea): Effective February 15, 2018; AD 
Continuation (Mexico): Effective May 6, 2019.

FOR FURTHER INFORMATION CONTACT: David Goldberger, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4136.

SUPPLEMENTARY INFORMATION:

Background

    On February 15, 2013, Commerce published the AD orders on washers 
from Mexico and Korea and the CVD order on washers from Korea.\1\ On 
January 2, 2018, Commerce initiated \2\ and the ITC instituted \3\ 
five-year (``sunset'') reviews of the AD orders on washers from Mexico 
and Korea and the CVD order on washers from Korea, pursuant to section 
751(c) of the Tariff Act of 1930, as amended (the Act). As a result of 
its reviews, Commerce determined that revocation of the CVD order on 
washers from Korea would be likely to lead to continuation or 
recurrence of countervailable subsidies and notified the ITC of the 
magnitude of the subsidy rates likely to prevail were the order 
revoked, and Commerce determined that revocation of the AD orders on 
washers from Mexico and Korea would likely lead to continuation or 
recurrence of dumping and notified the ITC of the magnitude of the 
margins of dumping likely to prevail were the orders revoked.\4\
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    \1\ See Large Residential Washers from Mexico and the Republic 
of Korea: Antidumping Duty Orders, 78 FR 11148 (February 15, 2013) 
(AD Orders). See also Large Residential Washers from the Republic of 
Korea: Countervailing Duty Order, 78 FR 11154 (February 15, 2013) 
(CVD Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 83 FR 100 
(January 2, 2018) (Initiation).
    \3\ See Certain Large Residential Washers from Korea and Mexico; 
Institution of Five-Year Reviews, 83 FR 145 (January 2, 2018).
    \4\ See Large Residential Washers from the Republic of Korea: 
Final Results of Expedited First Sunset Review of the Countervailing 
Duty Order, 83 FR 19222 (May 2, 2018) (Korea Washers CVD), and 
accompanying Issues and Decision Memorandum; Large Residential 
Washers from Mexico: Final Results of the Expedited First Five-Year 
Sunset Review of the Antidumping Duty Order, 83 FR 21764 (May 10, 
2018), and accompanying Issues and Decision Memorandum (Mexico IDM); 
and Large Residential Washers from the Republic of Korea: Final 
Results of the First Five-Year Sunset Review of the Antidumping Duty 
Order, 83 FR 52803 (October 18, 2018), and accompanying Issues and 
Decision Memorandum (Korea AD IDM).
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    On April 30, 2019, the ITC published its determinations, pursuant 
to sections 751(c) and 752(a) of the Act, that revocation of the AD 
order on washers from Mexico would likely lead to continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time, but that revocation of the AD and 
CVD orders on washers from Korea would not be likely to lead to 
continuation or recurrence of material injury within a reasonably 
foreseeable time.\5\
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    \5\ See Certain Large Residential Washers from Korea and Mexico 
(Inv. Nos. 701-TA-488 and 731-TA-1199-1200 (Review)), 84 FR 18319 
(April 30, 2019). See also Large Residential Washers from Korea and 
Mexico (Inv. Nos. 701-TA-488 and 731-TA-1199-1200 (Review), USITC 
Publication 4882 (April 2019).
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Scope of the Orders

    The products covered by the orders are all large residential 
washers and certain subassemblies thereof. For purposes of the orders, 
the term ``large residential washers'' denotes 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 
\6\ designed for use in large residential washers which incorporate, at 
a minimum: (a) a tub; and (b) a seal; (3) all assembled baskets \7\ 
designed for use in large residential washers which incorporate, at a 
minimum: (a) a side wrapper; \8\ (b) a base; and (c) a drive hub; \9\ 
and (4) any combination of the foregoing subassemblies.
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    \6\ A ``tub'' is the part of the washer designed to hold water.
    \7\ A ``basket'' (sometimes referred to as a ``drum'') is the 
part of the washer designed to hold clothing or other fabrics.
    \8\ A ``side wrapper'' is the cylindrical part of the basket 
that actually holds the clothing or other fabrics.
    \9\ 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'' market meeting either of the following 
two definitions:
    (1) (a) It contains payment system electronics; \10\ (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; \11\ or
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    \10\ ``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.
    \11\ 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)

[[Page 19764]]

such that, in normal operation,\12\ 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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    \12\ ``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 
with a vertical rotational axis and a rated capacity of less than 3.70 
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 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 
merchandise subject to the scope is dispositive.

Continuation of the AD Order on Washers From Mexico

    As a result of the determinations by Commerce and the ITC that 
revocation of the AD order on washers from Mexico would likely lead to 
a continuation or a recurrence of dumping and of material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the Act 
and 19 CFR 351.218(a), Commerce hereby orders the continuation of the 
AD order on washers from Mexico. U.S. Customs and Border Protection 
(CBP) will continue to collect AD cash deposits at the rates in effect 
at the time of entry for all imports of subject merchandise. The 
effective date of the continuation of the order will be the date of 
publication in the Federal Register of this notice of continuation. 
Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate 
the next five-year review of this order not later than 30 days prior to 
the fifth anniversary of the effective date of continuation.

Revocation of the AD and CVD Orders on Washers From Korea

    As a result of the determination by the ITC that revocation of the 
AD and CVD orders on washers from Korea would not be likely to lead to 
continuation or recurrence of material injury to an industry in the 
United States, pursuant to section 751(d)(2) of the Act and 19 CFR 
351.218(a), Commerce is revoking the AD and CVD orders on washers from 
Korea. Pursuant to section 751(d)(3) of the Act and 19 CFR 
351.222(i)(2)(i), the effective date of revocation is February 15, 2018 
(i.e., the fifth anniversary of the date of publication in the Federal 
Register of the notice of the AD and CVD orders).\13\
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    \13\ See AD Orders and CVD Order.
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Cash Deposits and Assessment of Duties on Washers From Korea

    Commerce intends to notify CBP, 15 days after publication of this 
notice, to terminate the suspension of liquidation and to discontinue 
the collection of AD and CVD cash deposits on entries of washers from 
Korea, entered or withdrawn from warehouse, on or after February 15, 
2018. Commerce intends to further instruct CBP to refund with interest 
all cash deposits on unliquidated entries made on or after February 15, 
2018. Entries of subject merchandise prior to the effective date of 
revocation will continue to be subject to suspension of liquidation and 
AD and CVD deposit requirements and assessments.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which 
may be subject to sanctions.
    These five-year (sunset) reviews and this notice are in accordance 
with sections 751(c) and (d)(2) of the Act, and published in accordance 
with section 777(i) the Act and 19 CFR 351.218(f)(4).

    Dated: April 30, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-09213 Filed 5-3-19; 8:45 am]
 BILLING CODE 3510-DS-P