G/SG/N/6/USA/12  
 
12 June 2017  
(17-3123) Page: 1/5 
Committee on Safeguards  Original: English  
 
NOTIFICATION UNDER A RTICLE 12.1(A) OF TH E AGREEMENT  
ON SAFEGUARDS ON INI TIATION OF AN INVEST IGATION  
AND THE REASONS FOR IT 
UNITED STATES 
(Large Residential Washers)  
The following communication, dated 12 June 2017, is being circulated at the request of the  
delegation of the United States.  
____________  
 
Pursuant to Article 12.1(a) of the WTO Agreement on Safeguards (Safeguards Agreement), the 
United States notifies that a safeguard investigation has been initiated as follows:  
 
1. Specify the date when the in vestigation was initiated  
 
The U.S. International Trade Commission (Commission) initiated the investigation on 5 June 2017.  
 
A copy of the notice of institution of the investigation, which includes the scheduling of public 
hearings and the applicable rules  of procedure, is attached.1 The notice also is being published in 
the Federal Register.  
 
The Commission will make its serious injury determination within 122 days of the date on which 
the petition was properly filed, that is, by 5 October 2017. The Commis sion will submit its report to 
the President within 180 days of the date on which the petition was properly filed, that is, by 
4 December 2017. The Commission's report to the President will include its serious injury 
determination and, if the Commission ma kes an affirmative serious injury determination or is 
equally divided on the question of serious injury, the remedy recommendation(s) of the 
Commissioners making affirmative serious injury determinations.  
 
2. Specify the product subject to the investigati on 
 
The products covered by this investigation are all large residential washers (LRWs) and certain 
parts thereof. For purposes of the investigation, the term LRWs denotes all automatic clothes 
washing machines, regardless of the orientation of the rotatio nal 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 LRWs, namely: (1) all cabinets, or portions thereof, 
designed for use in large residential washers; (2) all assembled tubs2 designed for use in LRWs 
which incorporate, at a minimum: (a) a tub; and (b) a seal; (3) all assembled baskets3 designed 
                                                
1 A copy of the notice of institution has been submitted electronically. To consult this document please 
contact Ms.  Budd (Hilary.Budd@wto.org) or Ms.  Richards (Anne.Richards@wto.org) of the Rules Division.  
2 A "tub" is the part of the washer designed to ho ld water.  
3 A "basket" (sometimes referred to as a "drum") is the part of the washer designed to hold clothing or 
other fabrics.  G/SG/N/6/USA/12  
 
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  for use in large residential washers which incorporate, at a min imum: (a) a side wrapper4; (b) a 
base; and (c) a drive hub5; and (4) any combination of the foregoing parts or subassemblies.  
 
Excluded from the scope are stacked washer -dryers and commercial washers. The term "stacked 
washer -dryers" denotes distinct washi ng and drying machines that are built on a unitary frame and 
share a common console that controls both the washer and the dryer. The terms "commercial 
washer" denotes an automatic clothes washing machine designed for the "pay per use" segment 
meeting eithe r of the following two definitions:  
 
(1)(a) it contains payment system electronics6; (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 act ual 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 temperatu re, 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 
fasteners7; or 
 
(2)(a) it contains payment system electronics; (b) the payment system electr onics are 
enabled (whether or not the payment acceptance device has been installed at the time of 
importation) such that, in normal operation8, the unit cannot begin a wash cycle without first 
receiving a signal from a bona fide payment acceptance device s uch 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 sel ected wash cycle setting; and (d) the 
console containing the user interface is made of steel and is assembled with security 
fasteners.  
 
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 loading9; (3) have a drive train 
consisting, inter alia, of (a) a permanent split capacitor (PSC) motor10, (b) a belt drive11, and (c) a 
flat wrap spring clutch.12 
 
Also excluded from the scope are automatic clothes was hing machines that meet all of the 
following conditions: (1) have a horizontal rotational axis; (2) are front loading13; and (3) have a 
drive train consisting, inter alia, of (a) a controlled induction motor (CIM)14, and (b) a belt drive.  
 
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).  
 
For Customs purposes, the LRWs covered by the investigation are provided for under Harmonized 
Tariff Schedule of the United States (HTSUS) subheading 8450.20.00. LRWs and certain parts 
thereof subject to this investigation may also be imported under HTSUS su bheadings 8450.11.00, 
                                                
4 A "side wrapper" is the cylindrical part of the basket that actually holds the clothing or other fabrics.  
5 A "drive hub" is the hub at the center of the base that bears the load from the motor.  
6 "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. Su ch electronics also 
capture cycles and payment history and provide for transmission to a reader.  
7 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.  
8 "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).  
9 "Top loading" m eans that access to the basket is from the top of the washer.  
10 A "PSC motor" is an asynchronous, alternating current (AC), single phase induction motor that 
employs split phase capacitor technology.  
11 A "belt drive" refers to a drive system that includes a belt and pulleys.  
12 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.  
13 "Front loading" means that access  to the basket is from the front of the washer.  
14 A "controlled induction motor" is an asynchronous, alternating current (AC), polyphase induction 
motor.  G/SG/N/6/USA/12  
 
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  8450.90.20, and 8450.90.60. Although the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the scope is dispositive.  
 
3. Provide the reasons for the initiation of the investigation  
 
(i) Was the investigation initiated pursuant to a petition from the domestic industry?  
 
Yes, the investigation was initiated pursuant to a petition filed by Whirlpool Corporation 
(Whirlpool), a producer of LRWs in the United States. The Commission deemed the pe tition, as 
amended, to have been properly filed on 5 June 2017.  
 
(ii) Evidence on the basis of which the investigation was initiated.  
 
Increased Import Quantities  
 
The petition, as amended15, alleges that imports have increased. According to the petition, imports 
of LRWs have doubled from 1.60 million units in 2012 to 3.21 million units in 2016.  
 
Serious Injury or Threat of Serious Injury to the Domestic Industry Caused by Increased Imports  
 
The petition claims that the subject LRWs are being imported into the United States in such 
increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the 
domestic industry producing LRWs. The petition cites in support data and information relating to 
various economic factors relating to serious injury and causation, including sales, profitability, 
capacity utilization, production, capital expenditures, employment and underemployment, 
productivity, various conditions of competition, and market share held by imports. The petition 
also no tes that the Commission has twice found the domestic LRW industry to be materially 
injured within the past four years due to imports of LRWs from certain foreign producers.  
 
Unforeseen Developments  
 
According to the petition, "serial dumping" – i.e., movi ng production to multiple third countries 
during an ongoing antidumping investigation – is a development that was unforeseen by the 
domestic industry.  
 
More detailed information regarding all of the above is contained in the petition, which can be 
found at https://edis.usitc.gov .  
 
(iii) Evidence, if any, of critical circumstances where delay would cause damage whic h it would 
be difficult to repair.  
 
The petitioner did not allege that critical circumstances exist.  
 
4. Provide a point of contact for the investigation and identify the preferred means 
for corresponding.  
 
The point of contact for the investigation is:  
 
Michael Szustakowski  
Office of Investigations  
U.S. International Trade Commission  
500 E Street, SW  
Washington, DC 20436  
Tel: (202 -205-3169)  
 
All written submissions in the investigation should be filed with the Commission's Office of the 
Secretary in the m anner specified in the Commission's notice of institution.  
 
                                                
15 Because Whirlpool is the sole petitioner in this investigation, much of the serious injury informati on is 
confidential business information. However, the United States has included relevant information regarding 
serious injury or threat of serious injury where possible.  G/SG/N/6/USA/12  
 
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  The public record for this investigation may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.   
 
5. Provide the deadlines an d procedures for importers, exporters and other 
interested parties to present evidence and their views, including (i) deadlines and 
procedures for Members and exporters to identify themselves as interested parties, if so 
required, to participate in the inv estigation, and (ii) the date of an intended public 
hearing as provided for in Article 3.1.  
 
Persons wishing to participate in the investigation as parties must file an entry of appearance with 
the Secretary to the Commission not later than 21 days after p ublication of the notice of institution 
in the Federal Register. The Secretary will prepare a service list containing the names and 
addresses of all persons, or their representatives, who are parties to this investigation upon the 
expiration of the period for filing entries of appearance.  
 
The Secretary will make confidential business information gathered in this investigation available 
to authorized applicants representing interested parties under the administrative protective order 
issued in the investiga tion, provided that the application is made not later than 21 days after the 
publication of the notice of institution in the Federal Register. A separate service list will be 
maintained by the Secretary for those parties authorized to receive confidential business 
information under the administrative protective order.  
 
Each party who is an interested party may submit a prehearing brief to the Commission. The 
deadline for filing prehearing briefs on serious injury is 29 August 2017; that for filing prehearin g 
briefs on remedy is 12 October 2017.  
 
The Commission has scheduled separate hearings in connection with the serious injury and 
remedy phases of this investigation. The hearing on serious injury will be held on 
7 September  2017, at the U.S. International Trade Commission Building, 500 E Street, SW, 
Washington, DC.  
 
In the event that the Commission makes an affirmative serious injury determination or is equally 
divided on the question of serious injury in this investigation, a hearing on the question of re medy 
will be held on 19 October 2017.  
 
Requests to appear at the hearings should be filed in writing with the Secretary to the Commission 
on or before 31 August 2017 for the serious injury hearing, and 13 October 2017 for the remedy 
hearing.  
 
All parties a nd nonparties desiring to appear at the hearings and make oral presentations should 
participate in prehearing conferences to be held on 5 September 2017 for the serious injury 
hearing and 17 October 2017 for the remedy hearing, if deemed necessary.  
 
Parties may file written testimony in connection with their presentation at the hearing. A nonparty 
who has testimony that may aid the Commission's deliberations may request permission to 
present a short statement at the hearings. Parties must submit any reques t to present a portion of 
their hearing testimony in camera no later than 7 business days prior to the date of the respective 
hearings.  
 
The deadline for filing posthearing briefs for the serious injury phase of the investigation is 
14 September  2017; the deadline for filing posthearing briefs for the remedy phase of the 
investigation, if any, is 26 October 2017.  
 
In addition, any person who has not entered an appearance as a party to the investigation may 
submit a written statement of information pertinent  to the consideration of serious injury on or 
before 14 September 2017, and pertinent to the consideration of remedy on or before 
26 October  2017.  
 
The attached notice of institution provides further information regarding deadlines and procedures 
applicabl e to this investigation.  
 G/SG/N/6/USA/12  
 
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  The Commission's Handbook on E -Filing, available on the Commission's website at 
https://www.usitc.gov/secretary/documents/handbook_on_filing _procedures.pdf, elaborates upon 
the Commission's rules with respect to electronic filing.  
 
 
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