Large Residential Washers From the People's Republic of China: Continuation of the Antidumping Duty Order
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Issuing agencies
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on large residential washers (washers) from the People's Republic of China (China) would likely lead to a 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 order on washers from China.
Full Text
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<title>Federal Register, Volume 87 Issue 167 (Tuesday, August 30, 2022)</title>
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[Federal Register Volume 87, Number 167 (Tuesday, August 30, 2022)]
[Notices]
[Pages 52904-52905]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18611]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-033]
Large Residential Washers From the People's Republic of China:
Continuation of the Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) order on large residential
washers (washers) from the People's Republic of China (China) would
likely lead to a 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 order on washers from China.
DATES: Applicable August 30, 2022.
FOR FURTHER INFORMATION CONTACT: Brian Smith or Max Goldman, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-1766 or (202)
482-0224, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 6, 2017, Commerce published in the Federal Register the
AD order on washers from China.\1\ On January 3, 2022, the ITC
instituted \2\ and Commerce initiated \3\ a five-year (sunset) review
of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act). As a result of its review, Commerce determined,
pursuant to sections 751(c)(1) and 752(c) of the Act, that revocation
of the Order would likely lead to a continuation or recurrence of
dumping. Therefore, Commerce notified the ITC of the magnitude of the
margin of dumping likely to prevail were the Order to be revoked.\4\
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\1\ See Large Residential Washers from the People's Republic of
China: Amended Final Affirmative Antidumping Duty Determination and
Antidumping Duty Order, 82 FR 9371 (February 6, 2017) (Order).
\2\ See Large Residential Washers from China; Institution of a
Five-Year Review, 87 FR 115 (January 3, 2022).
\3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 76
(January 3, 2022).
\4\ See Large Residential Washers from the People's Republic of
China: Final Results of Expedited Sunset Review of Antidumping Duty
Order, 87 FR 27101 (May 6, 2022), and accompanying Issues and
Decision Memorandum.
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On August 22, 2022, the ITC published its determination, that
revocation of the Order would likely lead to a continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time, pursuant to sections 751(c) and
752(a) of the Act.\5\
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\5\ See Large Residential Washers from China, 87 FR 51446
(August 22, 2022).
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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 \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 parts or 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'' segment 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) 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
that meet all of the following conditions: (1) Have a vertical
rotational axis; (2) are top loading; \13\ (3) have a drive train
consisting, inter alia, of (a) a permanent split capacitor (PSC)
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motor,\14\ (b) a belt drive,\15\ and (c) a flat wrap spring clutch.\16\
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\13\ Top loading'' means that access to the basket is from the
top of the washer.
\14\ A ``PSC motor'' is an asynchronous, alternating current
(AC), single phase induction motor that employs split phase
capacitor technology.
\15\ A ``belt drive'' refers to a drive system that includes a
belt and pulleys.
\16\ 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; \17\ and (3) have a drive train
consisting, inter alia, of (a) a controlled induction motor (CIM),\18\
and (b) a belt drive.
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\17\ ``Front loading'' means that access to the basket is from
the front of the washer.
\18\ 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.
Continuation of the Order
As a result of the determinations by Commerce and the ITC that
revocation of the Order would likely lead to a continuation or
recurrence of dumping and 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 Order. U.S. Customs and
Border Protection 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 and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year (sunset)
review of the Order not later than 30 days prior to the fifth
anniversary of the effective date of continuation.
Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
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.
Notification to Interested Parties
This five-year (sunset) review and notice are in accordance with
sections 751(c) and 777(i) the Act, and 19 CFR 351.218(f)(4).
Dated: August 24, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-18611 Filed 8-29-22; 8:45 am]
BILLING CODE 3510-DS-P
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