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China Washing Machines: AD Rates Fall in Final Determination, Some Cash Deposits Refunded

The Commerce Department issued its final determination in the antidumping duty investigation on large residential washers from China (A-570-033) (here). Commerce is decreasing AD rates for all Chinese exporters, and will also refund cash deposits collected prior to July 26 because it reversed its finding of critical circumstances for some companies. Changes to cash deposit rates set in this final determination take effect Dec. 15.

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The next step is for the International Trade Commission to make its final injury determination, currently scheduled for Jan. 23. If the ITC finds injury, Commerce will issue an AD duty order and duties will be made permanent, beginning a process of annual administrative reviews to set importer assessments and new cash deposit rates. If the ITC finds no injury, the investigation will be terminated and all cash deposits will be refunded.

Commerce Ends Retroactive Suspension of Liquidation

In a reversal from its preliminary determination, Commerce no longer finds "critical circumstances" exist for Samsung and the China-wide entity (i.e., all other Chinese companies except Nanjing LG-Panda Appliances Co., Ltd. (LG)). As a result, it will refund cash deposits retroactively to 90 days before it issued its preliminary determination. Any cash deposits collected April 27 through July 25, 2016, in connection with this investigation will be refunded, and suspension of liquidation for such entries will be discontinued.

AD Cash Deposit Rates

Suspension of liquidation and cash deposit requirements continue for subject merchandise entered on or after July 26. Commerce will instruct CBP to require an AD cash deposit for all imports of subject merchandise from China equal to the following AD rates:

ExporterProducerAD Rate
Nanjing LG-Panda Appliances Co., Ltd. / LG Electronics, Inc.Nanjing LG-Panda Appliances Co., Ltd.32.12% (from 49.88%)
Suzhou Samsung Electronics Co., Ltd./ Suzhou Samsung Electronics Co. Ltd – Export / Samsung Electronics Co., Ltd.Suzhou Samsung Electronics Co., Ltd./ Suzhou Samsung Electronics Co. Ltd – Export52.51% (from 111.09%)
China-wide entity44.28% (from 80.49%)

AD/CVD Operations contact -- Brian Smith (202) 482-1766

(The period of investigation is 04/01/15 -- 09/30/15. See Commerce’s notice for more information, including the scope of the investigation (unchanged since the preliminary determination), detailed instructions on cash deposit and assessment rates, etc. See 1607250010 for Commerce's preliminary determination.)

(Federal Register 12/15/16)