Korea and Mexico Bottom Mount Refrigerators: ITA Announces New AD/CV Investigations

Alleged AD Margins and CV Rates

The fact sheet states that the alleged dumping margins for bottom mount refrigerators from Korea and Mexico range from 34.16% - 61.82% and from 23.10% - 183.18%, respectively.

The alleged subsidy rates for Korea are not specified, but the fact sheet states that they are above de minimis.

Scope of the AD/CV Investigations

According to the fact sheet, the merchandise covered by these investigations is all bottom mount combination refrigerator-freezers and certain assemblies thereof from Korea or Mexico. For purposes of the investigations, the term “bottom mount combination refrigerator-freezers” denotes 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 one or more separate external doors or drawers or a combination thereof;
• The upper-most interior storage compartment(s) that is accessible through an external door or drawer is either a refrigerator compartment or convertible compartment, but is not a freezer compartment (The existence of an interior sub-compartment for ice-making in the upper-most storage compartment does not render the upper-most storage compartment a freezer compartment); and
• There is at least one freezer or convertible compartment that is mounted below the upper-most interior storage compartment(s).

For purposes of the investigations, a refrigerator 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 refrigerator compartment or a freezer compartment, as defined above.

Also covered are certain assemblies used in bottom mount combination refrigerator-freezers, namely: (1) any assembled cabinets designed for use in bottom mount combination refrigerator-freezers that incorporate, at a minimum: (a) an external metal shell, (b) a back panel, (c) a deck, (d) an interior plastic liner, (e) wiring, and (f) insulation; (2) any assembled external doors designed for use in bottom mount combination refrigerator-freezers that incorporate, at a minimum: (a) an external metal shell, (b) an interior plastic liner, and (c) insulation; and (3) any assembled external drawers designed for use in bottom mount combination refrigerator-freezers that incorporate, at a minimum: (a) an external metal shell, (b) an interior plastic liner, and (c) insulation.

Imports of the subject merchandise are provided for under the following categories of the Harmonized Tariff Schedule: 8418.10.0010, 8418.10.0020, 8418.10.0030, and 8418.10.0040. Products subject to these investigations may also enter under HTS subheadings 8418.21.0010, 8418.21.0020, 8418.21.0030, 8418.21.0090, and 8418.99.4000, 8418.99.8050, and 8418.99.8060.

The ITA notes that these HTS numbers are provided for convenience and Customs purposes only; the written description of the scope is dispositive.

(See future issue of ITT for complete scope of the investigations to be published in the Federal Register.)

ITC to Make Prelim Injury Determinations by May 16, Etc.

The International Trade Commission is scheduled to make its preliminary injury determinations on or about May 16, 2011.

If the ITC determines that there is a reasonable indication that imports from Korea and Mexico are materially injuring, or threatening material injury to, the domestic industry, the investigations will continue, and the ITA will be scheduled to make its CV and AD preliminary determinations in June and September 2011, respectively.

(See ITT’s Online Archives or 04/06/11 news, 11040624, for BP summary of the International Trade Commission's announcement of its institution of the companion injury investigations and its scheduling of the preliminary phase.)