NOTICE OF A PRELIMINARY DETERMINATION IN AN ANTIDUMPING DUTY INVESTIGATION OF LARGE RESIDENTIAL WASHERS FROM MEXICO (A-201-842)

1. ON AUGUST 3, 2012, COMMERCE PUBLISHED IN THE FEDERAL REGISTER ITS AFFIRMATIVE PRELIMINARY DETERMINATION OF SALES AT LESS THAN FAIR VALUE AND POSTPONEMENT OF THE FINAL DETERMINATION IN THE ANTIDUMPING DUTY INVESTIGATION OF LARGE RESIDENTIAL WASHERS FROM MEXICO (77 FR 46401). 2. THE PRODUCTS COVERED BY THIS INVESTIGATION ARE ALL LARGE RESIDENTIAL WASHERS AND CERTAIN SUBASSEMBLIES THEREOF FROM MEXICO. FOR PURPOSES OF THIS INVESTIGATION, THE TERM “LARGE RESIDENTIAL WASHERS” DENOTES ALL AUTOMATIC CLOTHES WASHING MACHINES, REGARDLESS OF THE ORIENTATION OF THE ROTATIONAL AXIS, EXCEPT AS NOTED BELOW, 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). ALSO COVERED ARE CERTAIN SUBASSEMBLIES USED IN LARGE RESIDENTIAL WASHERS, NAMELY: (1) ALL ASSEMBLED CABINETS DESIGNED FOR USE IN LARGE RESIDENTIAL WASHERS WHICH INCORPORATE, AT A MINIMUM: (A) AT LEAST THREE OF THE SIX CABINET SURFACES; AND (B) A BRACKET; (2) ALL ASSEMBLED TUBS* DESIGNED FOR USE IN LARGE RESIDENTIAL WASHERS WHICH INCORPORATE, AT A MINIMUM: (A) A TUB; AND (B) A SEAL; (3) ALL ASSEMBLED BASKETS** DESIGNED FOR USE IN LARGE RESIDENTIAL WASHERS WHICH INCORPORATE, AT A MINIMUM: (A) A SIDE WRAPPER;*** (B) A BASE; AND (C) A DRIVE HUB;**** AND (4) ANY COMBINATION OF THE FOREGOING SUBASSEMBLIES. 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” MARKET MEETING EITHER OF THE FOLLOWING TWO DEFINITIONS: (1) (A) IT CONTAINS PAYMENT SYSTEM ELECTRONICS;***** (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;****** OR (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,******* 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. ALSO EXCLUDED FROM THE SCOPE ARE AUTOMATIC CLOTHES WASHING MACHINES WITH A VERTICAL ROTATIONAL AXIS AND A RATED CAPACITY OF LESS THAN 3.70 CUBIC FEET, AS CERTIFIED TO THE U.S. DEPARTMENT OF ENERGY PURSUANT TO 10 CFR § 429.12 AND 10 CFR § 429.20, AND IN ACCORDANCE WITH THE TEST PROCEDURES ESTABLISHED IN 10 CFR PART 430. THE PRODUCTS SUBJECT TO THIS INVESTIGATION ARE CURRENTLY CLASSIFIABLE UNDER SUBHEADING 8450.20.0090 OF THE HARMONIZED TARIFF SYSTEM OF THE UNITED STATES (HTSUS). PRODUCTS SUBJECT TO THIS INVESTIGATION 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 SCOPE IS DISPOSITIVE. * A "TUB" IS THE PART OF THE WASHER DESIGNED TO HOLD WATER. ** A "BASKET" (SOMETIMES REFERRED TO AS A "DRUM") IS THE PART OF THE WASHER DESIGNED TO HOLD CLOTHING OR OTHER FABRICS. *** A "SIDE WRAPPER" IS THE CYLINDRICAL PART OF THE BASKET THAT ACTUALLY HOLDS THE CLOTHING OR OTHER FABRICS. **** A "DRIVE HUB" IS THE HUB AT THE CENTER OF THE BASE THAT BEARS THE LOAD FROM THE MOTOR. ***** "PAYMENT SYSTEM ELECRONICS" 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. ****** 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. ******* "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). 3. THIS INVESTIGATION HAS BEEN ASSIGNED INVESTIGATION NUMBER A-201-842. 4. FOR IMPORTS OF LARGE RESIDENTIAL WASHERS FROM MEXICO, CBP SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER AUGUST 3, 2012. EFFECTIVE AUGUST 3, 2012, CBP SHALL REQUIRE, FOR SUCH ENTRIES, A CASH DEPOSIT EQUAL TO THE MARGINS FOR THE PRODUCER AND/OR EXPORTER LISTED IN THE COMPANY-DETAILS TABLE APPENDED TO THE BOTTOM OF THIS MESSAGE. 5. IF ANY ENTRIES OF THIS MERCHANDISE ARE EXPORTED BY A FIRM OTHER THAN THE MANUFACTURER, THEN THE FOLLOWING INSTRUCTIONS APPLY: A. IF THE EXPORTER OF THE SUBJECT MERCHANDISE DOES NOT HAVE ITS OWN RATE BUT THE MANUFACTURER HAS ITS OWN RATE, THE CASH DEPOSIT RATE WILL BE THE MANUFACTURER'S RATE. B. WHERE NEITHER THE EXPORTER NOR THE MANUFACTURER HAS ITS OWN RATE OR THE MANUFACTURER IS UNKNOWN, USE THE ALL-OTHERS RATE OF 33.30 PERCENT TO ESTABLISH THE CASH DEPOSIT. 6. IF THERE ARE ANY QUESTIONS BY THE IMPORTING PUBLIC REGARDING THIS MESSAGE, PLEASE CONTACT THE CALL CENTER FOR THE OFFICE OF AD/CVD OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE AT (202) 482-0984. CBP PORTS SHOULD SUBMIT THEIR INQUIRIES THROUGH AUTHORIZED CBP CHANNELS ONLY. (THIS MESSAGE WAS GENERATED BY O2:KJ.) 7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. MICHAEL B. WALSH