2017-19290. Large Residential Washers From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2015-2016

AGENCY:

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

SUMMARY:

On March 6, 2017, the Department of Commerce (the Department) published the preliminary results of the third administrative review of the antidumping duty (AD) order on large residential washers (LRWs) from the Republic of Korea (Korea). The period of review (POR) is February 1, 2015, to January 31, 2016. Based on our analysis of the comments received and our verification findings, we made certain changes to the margin calculations. Therefore, the final results differ from the preliminary results. The final weighted-average dumping margin for the respondent, LG Electronics, Inc. (LGE), is listed below in the section entitled “Final Results of the Review.”

DATES:

Applicable September 12, 2017.

FOR FURTHER INFORMATION CONTACT:

David Goldberger or William Miller, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: [phone] or [phone], respectively.

SUPPLEMENTARY INFORMATION:

Background

The review covers one producer/exporter of the subject merchandise: LGE. On March 6, 2017, the Department published the Preliminary Results.^[1] In April and June 2017, the Department verified the sales and cost of production data, respectively, reported by LGE, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act).

In June and July 2017, respectively, we received sales and cost case briefs from Whirlpool Corporation (the petitioner) and LGE.

Scope of the Order

The products covered by the order are all large residential washers and certain subassemblies thereof from Korea. The products are currently classifiable under subheadings 8450.20.0040 and 8450.20.0080 of the Harmonized Tariff 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 scope is dispositive.^[2]

Analysis of Comments Received

All issues raised in the case briefs by parties are listed in the Appendix to this notice and addressed in the Issues and Decision Memorandum. Parties can find a complete discussion of these issues and the corresponding recommendations in this public memorandum, which 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;​; the Issues and Decision Memorandum is also 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/​index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

Based on comments received from interested parties regarding our Preliminary Results and our findings at verification, we made certain changes to the preliminary weighted-average dumping margin calculations for LGE. For a discussion of these changes, see the “Margin Calculations” section of the Issues and Decision Memorandum.

Final Results of the Review

We are assigning the following weighted-average dumping margin to LGE:

Manufacturer/exporter	Weighted- average dumping margin (percent)
LG Electronics, Inc	0.00

We intend to disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding, in accordance with 19 CFR 351.224(b).

Assessment Rates

Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1), the Department has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of this administrative review.

We have calculated a zero margin for LGE in the final results of this review; therefore, we intend to instruct CBP to liquidate without regard to antidumping duties all shipments of subject merchandise manufactured and exported by LGE, entered or withdrawn from warehouse, for consumption, during the POR. The Department's “automatic assessment” practice will apply to entries of subject merchandise during the POR produced by LGE, for which the company did not know that its merchandise was destined for the United States.^[3] In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate established in the less-than fair-value (LTFV) investigation (i.e., 11.80 percent),^[4] if there is no rate for the intermediary company(ies) involved in the transaction who have their own individual weighted-average dumping margin in an already competed segment of this proceeding.

Cash Deposit Requirements

The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for LGE will be equal to the weighted-average dumping margin established in the final results of this administrative review (i.e., zero); (2) for merchandise exported by manufacturers or exporters not covered in this administrative review but covered in a prior completed segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently-completed segment; (3) if the exporter is not a firm covered in this review, a prior review, or the original LTFV investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently-completed segment of this proceeding for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 11.80 percent, the all-others rate determined in the LTFV investigation.^[5] These cash deposit requirements, when imposed, shall remain in effect until further notice.

Notification to Importers

This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.

Notification Regarding Administrative Protective Order

This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.

This notice is published in accordance with section 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

Dated: September 5, 2017.

Gary Taverman,

Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.

Appendix—List of Topics Discussed in the Issues and Decision Memorandum

I. Summary

II. Background

III. Scope of the Order

IV. Margin Calculations

V. Discussion of Issues

Comment 1. Differential Pricing Methodology

Comment 2. Affiliation Based on a Close Supplier Relationship

Comment 3. Adjusting the Cost of Certain Tub Assemblies

Comment 4. Adjusting the Financial Expense Ratio

VI. Recommendation

Footnotes

1.  See Large Residential Washers from the Republic of Korea: Preliminary Results of the Antidumping Duty Administrative Review; 2015-2016, 82 FR 12536 (March 6, 2017) (Preliminary Results).

2.  A full description of the scope of the order is contained in Memorandum, “Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review of Large Residential Washers from the Republic of Korea,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).

3.  See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) for a full discussion of this practice.

4.  See Large Residential Washers from Mexico and the Republic of Korea: Antidumping Duty Orders, 78 FR 11148, 11150 (February 15, 2013) (Order).

5.  See Order, 78 FR at 11150.