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Mexico Fridge-Freezers: Preliminary AD Cash Deposit/Bond Rates Take Effect

The International Trade Administration has made a preliminary affirmative antidumping determination that bottom mount combination refrigerator/freezers from Mexico are being, or are likely to be, sold in the U.S. at less than fair value (A-201-839). The ITA found preliminary AD rates of 16.44% to 36.65%, which are officially effective as of November 2, 2011 for all firms but one. U.S. Customs is expected to implement these AD cash deposit/bond requirements soon.

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Preliminary Critical Circumstances Found for 1 Firm

The ITA preliminarily determined that critical circumstances exist for exports from Samsung, but not for exports from any other respondents.

AD Suspension of Liquidation and Cash/Bond Requirements

Because the ITA has preliminarily found that critical circumstances exist with regard to exports from Samsung, it will instruct CBP to suspend liquidation of covered entries with a time of entry on or after 90 days prior to November 2, 2011. Suspension of liquidation for the exports of all other respondents, where no critical circumstances were found, is effective for covered entries with a time of entry on or after November 2.

The preliminary AD cash deposit, or bond posting, rates are as follows:

Exporter/ManufacturerPrelim AD Rate
Electrolux Home Products, Corp. NV/Electrolux Home Products De Mexico, S.A. de C.V.19.80%
LG Electronics Monterrey Mexico, S.A. de C.V. (LGEMM)16.44%
Controladora Mabe, S.A. de C.V./Mabe, S.A. de C.V.36.21%
Samsung Electronics Mexico, S.A. de C.V.36.65%
All Others28.02%

(The period of investigation is 01/01/10 -- 12/31/10. See ITA’s notice for more information, including the postponement of the final determination, etc.).

ITA Clarifies Scope to Eliminate Ambiguity

The ITA states that, as suggested by the petitioner, it has clarified the scope to eliminate any ambiguity with respect to the inclusion of Quatro Cooling Refrigerators in the scope of the investigation.

According to the ITA, the scope language has been revised as follows: the two references to ‘‘the upper-most interior storage compartment(s)’’ have been replaced with ‘‘an upper-most interior storage compartment;’’ and the two references in the footnote to ‘‘the uppermost storage compartment’’ have been replaced with ‘‘an upper-most storage compartment.’’

See ITT’s Online Archives 11102834 for summary of the ITA’s fact sheet on this preliminary determination. See ITT’s Online Archives 11042628 for summary of initiation of this investigation. See ITT’s Online Archives 11083111 for summary of the preliminary negative countervailing duty determination in the companion CV investigation.)

ITA contact -- David Goldberger (202) 482-4136

(FR Pub 11/02/11, ITA Case No. A-201-839)