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[Federal Register Volume 90, Number 18 (Wednesday, January 29, 2025)]
[Notices]
[Pages 8379-8382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01865]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-853]

Large Top Mount Combination Refrigerator-Freezers From Thailand: 
Preliminary Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that large top mount combination refrigerator-freezers 
(refrigerators) from Thailand are being, or are likely to be, sold in 
the United States at less than fair value (LTFV). The period of 
investigation (POI) is April 1, 2023, through March 31, 2024. 
Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable January 29, 2025.

FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or 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) 482-7425 or (202) 482-6412, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on July 16, 
2024.\1\ On July 22, 2024, Commerce tolled certain deadlines in this 
administrative proceeding by seven days.\2\ On November 18, 2024, 
Commerce postponed the preliminary determination of this investigation 
until January 22, 2025.\3\ For a complete description of the events 
that followed the initiation of this investigation, see

[[Page 8380]]

the Preliminary Decision Memorandum.\4\
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    \1\ See Large Top Mount Combination Refrigerator-Freezers from 
Thailand: Initiation of Less-Than-Fair-Value Investigation, 89 FR 
57860 (July 16, 2024) (Initiation Notice). On July 24, 2024, 
Commerce published a correction to this notice. See Large Top Mount 
Combination Refrigerator-Freezers from Thailand: Correction, 89 FR 
59894 (July 24, 2024).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \3\ See Large Top Mount Combination Refrigerator-Freezers from 
Thailand: Postponement of Preliminary Determination in the Less-
Than-Fair-Value Investigation, 89 FR 90668 (November 18, 2024).
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Large Top Mount Combination Refrigerator-Freezers from 
Thailand,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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    A list of topics included in the Preliminary Decision Memorandum is 
provided in Appendix II of this notice. The Preliminary Decision 
Memorandum is a public document and 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 https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed at 
https://access.trade.gov/public/FRNoticesListLayout.aspx.

Scope of the Investigation

    The products covered by this investigation are refrigerators from 
Thailand. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the Preamble to Commerce's regulations,\5\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\6\ No interested party 
commented on the scope of the investigation as it appeared in the 
Initiation Notice. Accordingly, Commerce is not preliminarily modifying 
the scope language as it appeared in the Initiation Notice. See the 
scope in Appendix I to this notice.
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    \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \6\ See Initiation Notice, 89 FR at 57861.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Constructed export prices 
have been calculated in accordance with section 772(b) of the Act. 
Normal value is calculated in accordance with section 773 of the Act. 
Furthermore, pursuant to section 776(a) and (b) of the Act, Commerce 
has preliminarily relied upon facts otherwise available with adverse 
inferences for Thai Samsung Electronics Co., Ltd. (Samsung); Sanden 
Intercool (Thailand) Public Company Limited; and Sharp Appliances 
(Thailand) Co., Ltd. For a full description of the methodology 
underlying the preliminary determination, see the Preliminary Decision 
Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall be an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
and de minimis margins, and any margins determined entirely under 
section 776 of the Act.
    In this investigation, Commerce preliminarily assigned a rate based 
entirely on facts available to Samsung. Therefore, the only rate that 
is not zero, de minimis, or based entirely on facts otherwise available 
is the rate calculated for Toshiba Consumer Products (Thailand) Co., 
Ltd. (Toshiba). Consequently, the rate calculated for Toshiba is also 
assigned as the rate for all other producers and exporters.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                              Estimated
                                                              weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
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Toshiba Consumer Products (Thailand) Co., Ltd..............        13.28
Thai Samsung Electronics Co., Ltd..........................      * 37.90
Sanden Intercool (Thailand) Public Company Limited.........      * 37.90
Sharp Appliances (Thailand) Co., Ltd.......................      * 37.90
All Others.................................................        13.28
------------------------------------------------------------------------
* This rate is based on facts available with adverse inferences.

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will 
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows: 
(1) the cash deposit rate for the respondents listed above will be 
equal to the company-specific estimated weighted-average dumping 
margins determined in this preliminary determination; (2) if the 
exporter is not a respondent identified above, but the producer is, 
then the cash deposit rate will be equal to the company-specific 
estimated weighted-average dumping margin established for that producer 
of the subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin. These suspension of liquidation 
instructions will remain in effect until further notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).
    Consistent with 19 CFR 351.224(e), Commerce will analyze and, if 
appropriate, correct any timely allegations of significant ministerial 
errors by amending the preliminary determination. However, consistent 
with 19 CFR 351.224(d), Commerce will not consider incomplete 
allegations that

[[Page 8381]]

do not address the significance standard under 19 CFR 351.224(g) 
following the preliminary determination. Instead, Commerce will address 
such allegations in the final determination together with issues raised 
in the case briefs or other written comments.

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. A timeline for the submission of case briefs and 
written comments will be released to interested parties at a later 
date. Rebuttal briefs, limited to issues raised in the case briefs, may 
be filed not later than five days after the date for filing case 
briefs.\7\ Interested parties who submit case briefs or rebuttal briefs 
in this proceeding must submit: (1) a table of contents listing each 
issue; and (2) a table of authorities.\8\
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    \7\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings, we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this investigation, we instead request 
that interested parties provide at the beginning of their briefs a 
public, executive summary for each issue raised in their briefs.\9\ 
Further, we request that interested parties limit their public 
executive summary of each issue to no more than 450 words, not 
including citations. We intend to use the public executive summaries as 
the basis of the comment summaries included in the issues and decision 
memorandum that will accompany the final determination in this 
investigation. We request that interested parties include footnotes for 
relevant citations in the executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\10\
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    \9\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \10\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
(1) the party's name, address, and telephone number; (2) the number of 
participants and whether any participant is a foreign national; and (3) 
a list of the issues to be discussed. If a request for a hearing is 
made, Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On January 17, 2025, pursuant to 19 CFR 351.210(e), Toshiba 
requested that Commerce postpone the final determination and that 
provisional measures be extended to a period not to exceed six 
months.\11\ In accordance with section 735(a)(2)(A) of the Act and 19 
CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is 
affirmative; (2) the requesting exporter accounts for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, Commerce 
will make its final determination no later than 135 days after the date 
of publication of this preliminary determination.
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    \11\ See Toshiba's Letter, ``Request to Postpone Final 
Determination,'' dated January 17, 2025.
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U.S. International Trade Commission (ITC) Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the ITC of its preliminary determination. If the final determination is 
affirmative, the ITC will determine before the later of 120 days after 
the date of this preliminary determination or 45 days after the final 
determination whether these imports are materially injuring, or 
threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).

    Dated: January 22, 2025.
Abdelali Elouaradia,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I--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:
     The cabinet contains at least two interior storage 
compartments accessible through two separate external doors;
     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
     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

[[Page 8382]]

merchandise subject to this scope is dispositive.

Appendix II--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Application of Facts Available and Use of Adverse Inference
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2025-01865 Filed 1-28-25; 8:45 am]
BILLING CODE 3510-DS-P
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