[Federal Register Volume 89, Number 136 (Tuesday, July 16, 2024)]
[Notices]
[Pages 57860-57865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15601]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-853]


Large Top Mount Combination Refrigerator-Freezers From Thailand: 
Initiation of Less-Than-Fair-Value Investigation

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

DATES: Applicable July 9, 2024.

FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, AD/CVD 
Operations, Office IX, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6412.

SUPPLEMENTARY INFORMATION:

The Petition

    On May 30, 2024, the U.S. Department of Commerce (Commerce) 
received an antidumping duty (AD) petition concerning imports of large 
top mount combination refrigerator-freezers (refrigerators) from 
Thailand, filed in proper form on behalf of Electrolux Consumer 
Products, Inc. (the petitioner), a domestic producer of 
refrigerators.\1\
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    \1\ See Petitioner's Letter, ``Petition for the Imposition of 
Antidumping Duties,'' dated May 30, 2024 (Petition).
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    Between June 4 and 21, 2024, Commerce requested information 
pertaining to certain aspects of the Petition in supplemental 
questionnaires, as well as via a phone call.\2\ The petitioner 
responded to Commerce's requests for additional information between 
June 6 and 24, 2024.\3\
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    \2\ See Commerce's Letters, ``Supplemental Questions,'' dated 
June 3, 2024 (Supplemental Questionnaire); and ``Supplemental 
Questions,'' dated June 21, 2024 (Second Supplemental 
Questionnaire); see also Memorandum, ``Phone Call with Counsel to 
the Petitioner,'' dated June 10, 2024.
    \3\ See Petitioner's Letters, ``Response to Supplemental 
Questions,'' dated June 6, 2024 (Supplement); ``Response to Industry 
Support Supplemental Questions,'' dated June 11, 2024 (Industry 
Support Response); and ``Response to Supplemental Scope Questions,'' 
dated June 24, 2024 (Scope Supplement).
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    On June 14, 2024, after considering comments regarding industry 
support, Commerce extended the initiation deadline by 20 days to poll 
the domestic industry, in accordance with section 732(c)(4)(D) of the 
Tariff Act of 1930, as amended (the Act), because ``the Petition has 
not established that the domestic producers or workers

[[Page 57861]]

accounting for more than 50 percent of total production support the 
Petition.'' \4\
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    \4\ See Notice of Extension of the Deadline for Determining the 
Adequacy of the Antidumping Duty Petition: Large Top Mount 
Combination Refrigerator-Freezers from Thailand, 89 FR 54024 (June 
21, 2024) (Initiation Extension Notice).
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    In accordance with section 732(b) of the Act, the petitioner 
alleges that imports of refrigerators from Thailand, are being, or are 
likely to be, sold in the United States at less than fair value (LTFV) 
within the meaning of section 731 of the Act, and that imports of such 
products are materially injuring, or threatening material injury to, 
the refrigerators industry in the United States. Consistent with 
section 732(b)(1) of the Act, the Petition was accompanied by 
information reasonably available to the petitioner supporting its 
allegations.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry because the petitioner is an interested party, as 
defined in section 771(9)(C) of the Act. Commerce also finds that the 
petitioner demonstrated sufficient industry support for the initiation 
of the requested LTFV investigation.\5\
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    \5\ See section on ``Determination of Industry Support for the 
Petition,'' infra.
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Period of Investigation

    Because the Petition was filed on May 30, 2024, pursuant to 19 CFR 
351.204(b)(1), the period of investigation (POI) is April 1, 2023, 
through March 31, 2024.

Scope of the Investigation

    The products covered by this investigation are refrigerators from 
Thailand. For a full description of the scope of this investigation, 
see the appendix to this notice.

Comments on the Scope of the Investigation

    On June 4 and 21, 2024, Commerce requested information and 
clarification from the petitioner regarding the proposed scope to 
ensure that the scope language in the Petition is an accurate 
reflection of the products for which the domestic industry is seeking 
relief.\6\ On June 6 and 24, 2024, the petitioner provided 
clarifications and revised the scope.\7\ The description of merchandise 
covered by this investigation, as described in the appendix to this 
notice, reflects these clarifications.
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    \6\ See Supplemental Questionnaire at 3; see also Second 
Supplemental Questionnaire at 1.
    \7\ See Supplement at 1-7; see also Scope Supplement at 1-2 and 
Attachment.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\8\ Commerce will consider all scope 
comments received from interested parties and, if necessary, will 
consult with interested parties prior to the issuance of the 
preliminary determination. If scope comments include factual 
information,\9\ all such factual information should be limited to 
public information. To facilitate preparation of its questionnaires, 
Commerce requests that scope comments be submitted by 5:00 p.m. Eastern 
Time (ET) on July 29, 2024, which is 20 calendar days from the 
signature date of this notice.\10\ Any rebuttal comments, which may 
include factual information, and should also be limited to public 
information, must be filed by 5:00 p.m. ET on August 8, 2024, which is 
10 calendar days from the initial comment deadline.
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    \8\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR 
351.312.
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \10\ See 19 CFR 351.303(b)(1).
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    Commerce requests that any factual information that parties 
consider relevant to the scope of this investigation be submitted 
during that period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigation may be relevant, the party must contact Commerce and 
request permission to submit the additional information.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\11\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
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    \11\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance: Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on using ACCESS 
can be found at https://access.trade.gov/help.aspx and a handbook 
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of refrigerators to be 
reported in response to Commerce's AD questionnaires. This information 
will be used to identify the key physical characteristics of the 
subject merchandise in order to report the relevant cost of production 
(COP) accurately, as well as to develop appropriate product comparison 
criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) general product 
characteristics; and (2) product comparison criteria. We note that it 
is not always appropriate to use all product characteristics as product 
comparison criteria. We base product comparison criteria on meaningful 
commercial differences among products. In other words, although there 
may be some physical product characteristics utilized by manufacturers 
to describe refrigerators, it may be that only a select few product 
characteristics take into account commercially meaningful physical 
characteristics. In addition, interested parties may comment on the 
order in which the physical characteristics should be used in matching 
products. Generally, Commerce attempts to list the most important 
physical characteristics first and the least important characteristics 
last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. ET on July 29, 
2024, which is 20 calendar days from the signature date of this 
notice.\12\ Any rebuttal comments must be filed by 5:00 p.m. ET on 
August 8, 2024, which is 10 calendar days from the initial comment 
deadline.
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    \12\ See 19 CFR 351.303(b)(1).
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    All comments and submissions to Commerce must be filed 
electronically using ACCESS, as explained above, on the record of the 
LTFV investigation.

Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) at least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D)

[[Page 57862]]

of the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The U.S. International Trade Commission (ITC), 
which is responsible for determining whether ``the domestic industry'' 
has been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\13\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\14\
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    \13\ See section 771(10) of the Act.
    \14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United 
States, 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigation.\15\ Based on our analysis of the information 
submitted on the record, we have determined that refrigerators, as 
defined in the scope, constitute a single domestic like product, and we 
have analyzed industry support in terms of that domestic like 
product.\16\
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    \15\ See Petition at Volume I (pages 4-5, 9, 24-36, and Exhibits 
I-1, I-13 through I-15, I-17, I-19, and I-23 through I-27); see also 
Supplement at 10-12 and Exhibit SUPP-10 through Exhibit SUPP-12.
    \16\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Checklist, ``Large Top Mount Combination Refrigerator-Freezers from 
Thailand,'' dated concurrently with, and hereby adopted by, this 
notice (Thailand AD Initiation Checklist), at Attachment II, 
Analysis of Industry Support for the Antidumping Duty Petition 
Covering Large Top Mount Combination Refrigerator-Freezers from 
Thailand (Attachment II). The checklist is on file electronically 
via ACCESS.
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    On June 6 and 12, 2024, we received comments on industry support 
from Haier U.S. Appliance Solutions Inc., d/b/a GE Appliances 
(GEA).\17\ On June 14, 2024, the petitioner responded to GEA's 
comments.\18\ Based on the information provided in the Petition and the 
industry support comments, the supporters of the Petition did not 
account for more than 50 percent of total production of the domestic 
like product in 2023. Therefore, on June 14, 2024, Commerce extended 
the initiation deadline by 20 days to poll the domestic industry in 
accordance with section 732(c)(4)(D) of the Act.\19\
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    \17\ See GEA's Letters, ``Comment on Industry Support,'' dated 
June 6, 2024; and ``Supplemental Comment on Industry Support,'' 
dated June 12, 2024.
    \18\ See Petitioner's Letter, ``Rebuttal Comments on Industry 
Support,'' dated June 14, 2024.
    \19\ See Initiation Extension Notice; see also Attachment II of 
the Thailand AD Initiation Checklist.
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    On June 17, 2024, Commerce issued polling questionnaires to all 
known producers of refrigerators identified in the Petition.\20\ We 
requested that each company complete the polling questionnaire and 
certify its response by the due date specified in the cover letter to 
the questionnaire.\21\ We received timely responses to these 
questionnaires from domestic producers on June 18 and 21, 2024.\22\ We 
received timely comments on the questionnaire responses from the 
petitioner and Toshiba Consumer Products (Thailand) Co. Ltd., a Thai 
manufacturer, producer, or exporter of refrigerators, and Midea America 
Corp., a U.S. importer of refrigerators, (collectively, Toshiba and 
Midea) on June 26, 2024.\23\ Toshiba and Midea, as well as the 
petitioner, provided timely rebuttal comments on June 28, 2024.\24\
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    \20\ See Commerce's Letters, ``Polling Questionnaire,'' dated 
June 17, 2024 (Polling Questionnaire); see also Memorandum, ``Emails 
to Counsel to Domestic Producers,'' dated June 17, 2024.
    \21\ See Polling Questionnaire.
    \22\ See Petitioner's Letter, ``Response to Industry Support 
Questionnaire,'' dated June 18, 2024; see also GEA's Letter, 
``Response to Polling Questionnaire,'' dated June 21, 2024.
    \23\ See Petitioner's Letter, ``Comments on Responses to Polling 
Questionnaire,'' dated June 26, 2024; see also Toshiba and Midea's 
Letter, ``Toshiba Consumer Products (Thailand) Co. Ltd's and Midea 
America Corp.'s Comments Regarding the Polling Questionnaire and 
Industry Support for the Petition,'' dated June 26, 2024.
    \24\ See Petitioner's Letter, ``Rebuttal to the Comments on 
Responses to Polling Questionnaire,'' dated June 28, 2024; see also 
Toshiba and Midea's Letter, ``Toshiba Consumer Products (Thailand) 
Co. Ltd's and Midea America Corp.'s Rebuttal Comments Regarding the 
Polling Questionnaire and Industry Support for the Petition,'' dated 
June 28, 2024.
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    Section 732(c)(4)(B) of the Act states that: (i) Commerce ``shall 
disregard the position of domestic producers who oppose the petition if 
such producers are related to foreign producers, as defined in section 
771(4)(B)(ii), unless such domestic producers demonstrate that their 
interests as domestic producers would be adversely affected by the 
imposition of an antidumping duty order;'' and (ii) Commerce ``may 
disregard the position of domestic producers of a domestic like product 
who are importers of the subject merchandise.'' In addition, 19 CFR 
351.203(e)(4) states that the position of a domestic producer that 
opposes the petition: (i) will be disregarded if such producer is 
related to a foreign producer or to a foreign exporter under section 
771(4)(B)(ii) of the Act, unless such domestic producer demonstrates to 
the Secretary's satisfaction that its interests as a domestic producer 
would be adversely affected by the imposition of an antidumping order; 
and (ii) may be disregarded if the producer is an importer of the 
subject merchandise or is related to such an importer under section 
771(4)(B)(ii) of the Act.
    We received opposition to the Petition from producer(s) that are 
related to foreign producers of subject merchandise and/or who imported 
subject merchandise from the subject country. We have analyzed the 
information provided in the polling questionnaire responses and 
information provided in other submissions to Commerce. Based on our 
analysis, we disregarded opposition to the Petition, pursuant to 
section 732(c)(4)(B) of the Act. When such opposition is disregarded, 
the industry support requirements of section 732(c)(4)(A) of the Act 
are satisfied.\25\
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    \25\ See Attachment II of the Thailand AD Initiation Checklist.
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    Accordingly, Commerce determines that the industry support 
requirements of section 732(c)(4)(A) of the Act have been met and that 
the Petition was filed on behalf of the domestic industry within the 
meaning of section 732(b)(1) of the Act.\26\
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    \26\ Id.

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[[Page 57863]]

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioner alleges that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\27\
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    \27\ See Petition at Volume I (pages 42-44 and Exhibit I-30).
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    The petitioner contends that the industry's injured condition is 
illustrated by the significant and increasing volume of subject 
imports; decline in market share; underselling and price depression 
and/or suppression; declines in the domestic industry's production, 
capacity utilization, shipments, and sales volumes; negative impact on 
investment, inventories, and financial performance; and lost sales and 
revenues.\28\ We assessed the allegations and supporting evidence 
regarding material injury, threat of material injury, causation, as 
well as negligibility, and we have determined that these allegations 
are properly supported by adequate evidence, and meet the statutory 
requirements for initiation.\29\
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    \28\ Id. at Volume I (pages 1-2 and 41-61 and Exhibits I-30 
through I-45); see also Supplement at 12-20 and Exhibits SUPP-13 
through SUPP-17.
    \29\ See Thailand AD Initiation Checklist at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping Duty Petition Covering Large Top Mount 
Combination Refrigerator-Freezers from Thailand.
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Allegation of Sales at LTFV

    The following is a description of the allegation of sales at LTFV 
upon which Commerce based its decision to initiate the LTFV 
investigation of imports of refrigerators from Thailand. The sources of 
data for the deductions and adjustments relating to U.S. price and 
normal value (NV) are discussed in greater detail in the Thailand AD 
Initiation Checklist.

U.S. Price

    The petitioner based export price (EP) on pricing information for 
sales, or offers for sale, of refrigerators produced in and exported 
from Thailand during the POI.\30\ The petitioner made certain 
adjustments to U.S. price to calculate a net ex-factory U.S. price, 
where applicable.\31\
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    \30\ See Thailand AD Initiation Checklist.
    \31\ Id.
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Normal Value 32
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    \32\ In accordance with section 773(b)(2) of the Act, for this 
investigation, Commerce will request information necessary to 
calculate the constructed value (CV) and COP to determine whether 
there are reasonable grounds to believe or suspect that sales of the 
foreign like product have been made at prices that represent less 
than the COP of the product.
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    The petitioner based NV on pricing information it obtained from an 
online retailer for refrigerators produced in and sold, or offered for 
sale, in Thailand during the POI.\33\ The petitioner provided 
information indicating that the prices for refrigerators sold or 
offered for sale in Thailand were below the COP; therefore, the 
petitioner calculated NV based on CV.\34\ For further discussion of CV, 
see the section ``Constructed Value,'' below.
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    \33\ See Thailand AD Initiation Checklist.
    \34\ Id.
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Constructed Value

    As noted above, the petitioner provided information indicating that 
the prices for refrigerators sold or offered for sale in Thailand were 
below COP. Therefore, the petitioner based NV on CV.\35\ Pursuant to 
section 773(e) of the Act, the petitioner calculated CV as the sum of 
the cost of manufacturing (COM), selling, general, and administrative 
(SG&A) expenses, financial expenses, and profit.
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    \35\ Id.
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    In calculating the COM, the petitioner relied on its own production 
experience and input consumption rates, valued using publicly available 
information applicable to Thailand.\36\ In calculating SG&A expenses, 
financial expenses, and profit ratios, the petitioner relied on the 
fiscal year 2023 financial statements of a producer of identical 
merchandise in Thailand.\37\
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    \36\ Id.
    \37\ Id.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of refrigerators from Thailand are being, or are 
likely to be, sold in the United States at LTFV. Based on comparisons 
of EP to NV, in accordance with sections 772 and 773 of the Act, the 
estimated dumping margin for refrigerators from Thailand is 165.47 
percent.\38\
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    \38\ Id.
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Initiation of LTFV Investigation

    Based upon the examination of the Petition and supplements thereto, 
we find that it meets the requirements of section 732 of the Act. 
Therefore, we are initiating an LTFV investigation to determine whether 
imports of refrigerators from Thailand are being, or are likely to be, 
sold in the United States at LTFV. In accordance with section 
733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we 
will make our preliminary determination no later than 140 days after 
the date of this initiation.

Respondent Selection

    In the Petition, the petitioner identified 13 companies in Thailand 
as producers/exporters of refrigerators.\39\ In the event Commerce 
determines that the number of companies is large, and it cannot 
individually examine each company based upon Commerce's resources, 
where appropriate, Commerce intends to select mandatory respondents 
based on quantity and value (Q&V) questionnaires issued to potential 
respondents. Following standard practice in AD investigations involving 
market economy countries, Commerce would normally select respondents 
based on U.S. Customs and Border Protection (CBP) entry data for 
imports under the appropriate Harmonized Tariff Schedule of the United 
States (HTSUS) subheadings listed in the ``Scope of the 
Investigations'' in the Appendix. However, for this investigation, the 
main HTSUS subheading under which the subject merchandise would enter 
is a basket category under which non-subject merchandise may also 
enter. Therefore, instead of relying on CBP entry data in selecting 
respondents, we intend to issue Q&V questionnaires to each potential 
respondent for which the petitioner has provided a complete address.
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    \39\ See Petition at Volume I (Exhibit I-20).
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    Commerce will also post the Q&V questionnaires along with filing 
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Exporters/producers of refrigerators from Thailand 
that do not receive Q&V questionnaires may still submit a response to 
the Q&V questionnaire and can obtain a copy of the Q&V questionnaire 
from Commerce's website. Responses to the Q&V questionnaire must be 
submitted by the relevant Thai producers/exporters no later than 5:00 
p.m. on July 23, 2024, which is two weeks from the signature date of 
this notice. An electronically filed document must be received 
successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on 
the deadline noted above. Commerce intends to finalize its decision 
regarding respondent selection within 20 days of publication of this 
notice.

[[Page 57864]]

    Interested parties must submit applications for disclosure under an 
administrative protective order (APO) in accordance with 19 CFR 
351.305(b). As stated above, instructions for filing such applications 
may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.

Distribution of Copies of the Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the Government of Thailand via ACCESS. To the extent 
practicable, we will attempt to provide a copy of the public version of 
the Petition to each exporter named in the Petition, as provided under 
19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of our initiation, as required by 
section 732(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of refrigerators from Thailand are materially 
injuring, or threatening material injury to, a U.S. industry.\40\ A 
negative ITC determination will result in the investigation being 
terminated.\41\ Otherwise, this LTFV investigation will proceed 
according to statutory and regulatory time limits.
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    \40\ See section 733(a) of the Act.
    \41\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \42\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\43\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in this investigation.
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    \42\ See 19 CFR 351.301(b).
    \43\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation

    Section 773(e) of the Act addresses the concept of particular 
market situation (PMS) for purposes of CV, stating that ``if a 
particular market situation exists such that the cost of materials and 
fabrication or other processing of any kind does not accurately reflect 
the cost of production in the ordinary course of trade, the 
administering authority may use another calculation methodology under 
this subtitle or any other calculation methodology.'' When an 
interested party submits a PMS allegation pursuant to section 773(e) of 
the Act (i.e., a cost-based PMS allegation), the submission must be 
filed in accordance with the requirements of 19 CFR 351.416(b) and 
Commerce will respond to such a submission consistent with 19 CFR 
351.301(c)(2)(v). If Commerce finds that a cost-based PMS exists under 
section 773(e) of the Act, then it will modify its dumping calculations 
appropriately.
    Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), 
sets a deadline for the submission of cost-based PMS allegations and 
supporting factual information. However, in order to administer section 
773(e) of the Act, Commerce must receive PMS allegations and supporting 
factual information with enough time to consider the submission. Thus, 
should an interested party wish to submit a cost-based PMS allegation 
and supporting new factual information pursuant to section 773(e) of 
the Act, it must do so no later than 20 days after submission of a 
respondent's initial section D questionnaire response.
    We note that a PMS allegation filed pursuant to sections 
773(a)(1)(B)(ii)(III) or 773(a)(1)(C)(iii) of the Act (i.e., a sales-
based PMS allegation) must be filed within 10 days of submission of a 
respondent's initial section B questionnaire response, in accordance 
with 19 CFR 351.301(c)(2)(i) and 19 CFR 351.404(c)(2).

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301, or as otherwise specified by 
Commerce.\44\ For submissions that are due from multiple parties 
simultaneously, an extension request will be considered untimely if it 
is filed after 10:00 a.m. ET on the due date. Under certain 
circumstances, Commerce may elect to specify a different time limit by 
which extension requests will be considered untimely for submissions 
which are due from multiple parties simultaneously. In such a case, we 
will inform parties in a letter or memorandum of the deadline 
(including a specified time) by which extension requests must be filed 
to be considered timely. An extension request must be made in a 
separate, standalone submission; under limited circumstances we will 
grant untimely filed requests for the extension of time limits, where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. Parties should review Commerce's regulations concerning the 
extension of time limits and the Time Limits Final Rule prior to 
submitting factual information in this investigation.\45\
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    \44\ See 19 CFR 351.301; see also Extension of Time Limits; 
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final 
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
    \45\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements

    Any party submitting factual information in an AD proceeding must 
certify to the accuracy and completeness of that information.\46\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\47\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \46\ See section 782(b) of the Act.
    \47\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional 
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/index.html.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in this investigation should ensure that they meet the requirements of 
19 CFR 351.103(d) (e.g., by filing the required letter of appearance). 
Note that Commerce has amended certain of its

[[Page 57865]]

requirements pertaining to the service of documents in 19 CFR 
351.303(f).\48\
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    \48\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 
67069 (September 29, 2023).
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    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: July 9, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigation

    The products covered by this investigation are large top mount 
combination refrigerator-freezers with a refrigerated volume of at 
least 15.6 cubic feet or 442 liters. For the purposes of this 
investigation, the term ``large top mount combination refrigerator-
freezers'' consists of freestanding or built-in cabinets that have 
an integral source of refrigeration using compression technology, 
with all of the following characteristics:
     The cabinet contains at least two interior storage 
compartments accessible through two separate external doors;
     The lower-most interior storage compartment(s) that is 
accessible through an external door is a fresh food or convertible 
compartment, but is not a freezer compartment, however, the 
existence of an interior sub-compartment for ice-making in the 
lower-most storage compartment does not render the lower-most 
storage compartment a freezer compartment; and
     There is a freezer or convertible compartment that is 
mounted above the lower-most interior storage compartment(s).
    For the purposes of the investigation, a fresh food compartment 
is capable of storing food at temperatures above 32 degrees F (0 
degrees C), a freezer compartment is capable of storing food at 
temperatures at or below 32 degrees F (0 degrees C), and a 
convertible compartment is capable of operating as either a fresh 
food compartment or a freezer compartment, as defined in this 
paragraph.
    The products subject to this investigation are currently 
classifiable under subheading 8418.10.0075 of the Harmonized Tariff 
Schedule of the United States (HTSUS). Products subject to this 
investigation may also enter under HTSUS subheadings 8418.21.0090, 
8418.40.0000, and 8418.69.0180. The HTSUS subheadings are provided 
for convenience and customs purposes, but the written description of 
the merchandise subject to this scope is dispositive.

[FR Doc. 2024-15601 Filed 7-15-24; 8:45 am]
BILLING CODE 3510-DS-P