Korea & Mexico Fridge-Freezers: Final AD/CV Determination Announced

The International Trade Administration has issued a fact sheet announcing its affirmative final determinations in the antidumping duty investigations of bottom mount combination refrigerator-freezers from Korea and Mexico (A-580-865 and A-201-839, respectively), and the countervailing duty investigation of the same product from Korea (C-580-866), its finding of targeted dumping for two companies from Korea, and its finding of AD critical circumstances for one company from Mexico.

Korea Final AD Rates Range from Zero to 15.41%

As a result of the final AD determination, the ITA will instruct CBP to continue to collect cash deposits or bonds from the Korea AD respondents equal to the AD margins of zero to 15.41%, adjusted for export subsidies found in the final determination of the Korea CV investigation (the ITA assigned a CV duty-adjusted cash deposit rate of 8.69% to all other producer/exporters from Korea).

The ITA found targeted dumping with respect to LG Korea and Samsung Korea.

(See ITT's Online Archives 11110221 for summary of the Korea AD preliminary determination, which found rates ranging from zero to 32.20%.)

Mexico Final AD Rates Range from 6% to 30.34%

As a result of the final AD determination, the ITA will instruct CBP to continue to collect cash deposits or bonds from the Mexico AD respondents equal to the AD margins of 6% to 30.34% (the ITA assigned a rate of 20.26% to all other producer/exporters from Mexico).

(See ITT's Online Archives 11110220 for summary of the Mexico AD preliminary determination, which found rates ranging from 16.44% to 36.65%.)

Korea Final CV Rates Range from De Minimis to 12.90%

As a result of the affirmative CV determination (which follows a negative preliminary determination), the ITA will instruct CBP to collect a cash deposit or bond on imports of subject merchandise from Korea equal to the CV margins of 0.30% (de minimis) to 12.90% (the ITA assigned a CV rate of 2.79% to all other producer/exporters from Korea), except for LG which received only de minimis subsidies and will therefore not be subject to this requirement.

(See ITT’s Online Archives 11083111 for summary of the Korea CV negative preliminary determination.)

ITC to Issue Final Injury Determination in April 2012

The ITC is currently scheduled to issue its final injury determination on or before April 30, 2012. If the ITC makes an affirmative determination that imports of fridge-freezers from Korea and Mexico materially injure, or threaten material injury to, the domestic industry, the ITA will issue AD and CV duty orders. If a CV order is issued, LG Korea will be excluded from its requirements, based on its de minimis CV rate. Similarly, if an AD order is issued, Daewoo will be excluded from its requirements, based on its AD rate of zero.

See future issue of ITT for detailed summary of each case, once the Federal Register notice is issued.