Thailand Refrigerator-Freezers: New AD Investigations Deadlines and Scope

The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped refrigerator-freezers from Thailand are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due July 22, the investigation will immediately end. If Commerce finds dumping in the preliminary determination of this investigation, due in November, it will set AD cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue an AD order making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD on importers and potentially change AD cash deposit rates.

AD Respondent Selection

Commerce will send quantity and value questionnaires to each potential respondent, and will base respondent selection on the responses it receives. Exporters that don't get a quantity and value questionnaire can submit one using forms on Commerce's website. Responses are due July 23.

Scope of the AD/CVD Investigations

“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 merchandise subject to this scope is dispositive.”

Participants in the AD investigations may submit comments on product coverage under the scope of the investigations. Comments on the scope are due by July 29.

Investigations Timetable

These deadlines may be, and usually are, extended. The Commerce Department fact sheet on the initiation of these investigations is here. See 2406050020 for a summary of the petition requesting these investigations.