Notice2024-15601
Large Top Mount Combination Refrigerator-Freezers From Thailand: Initiation of Less-Than-Fair-Value Investigation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 16, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 89 Issue 136 (Tuesday, July 16, 2024)</title>
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[Federal Register Volume 89, Number 136 (Tuesday, July 16, 2024)]
[Notices]
[Pages 57860-57865]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a handbook
can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
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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 <SUP>32</SUP>
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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 <a href="https://www.trade.gov/ec-adcvd-case-announcements">https://www.trade.gov/ec-adcvd-case-announcements</a>. 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 <a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
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 <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
\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 <a href="https://access.trade.gov/Resources/filing/index.html">https://access.trade.gov/Resources/filing/index.html</a>.
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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:
<bullet> The cabinet contains at least two interior storage
compartments accessible through two separate external doors;
<bullet> 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
<bullet> 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
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</html>Indexed from Federal Register on July 16, 2024.
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