New AD Petition on Large Top Mount Combination Refrigerator-Freezers From Thailand

Faegre Drinker Biddle & Reath LLP

At a Glance

  • Electrolux Consumer Products, Inc. filed an antidumping duty petition on large top mount combination refrigerator-freezers from Thailand.
  • The U.S. Department of Commerce is expected to begin investigations on June 19, 2024.

On May 30, 2024, an antidumping duty (AD) petition was filed on large top mount combination refrigerator-freezers from Thailand. The petitioner is Electrolux Consumer Products, Inc. (Electrolux).

The U.S. AD law imposes special tariffs to counteract imports that are sold in the United States at less than “normal value.” For AD duties to be imposed, the U.S. government must determine not only that dumping and/or subsidization is occurring, but also that there is “material injury” (or threat thereof) by reason of the dumped imports. Importers are liable for any potential AD duties imposed. In addition, this investigation could impact purchasers by increasing prices and/or decreasing supply of large top mount combination refrigerator-freezers.

Scope

The products covered by this petition 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 petition, 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 one or more separate external doors or drawers or a combination thereof;
  • The lower-most interior storage compartment(s) that is accessible through an external door or drawer is a refrigerator or fresh food 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 compartment that is mounted above the lower-most interior storage compartment(s).

For the purposes of the petition, a refrigerator compartment is capable of storing food at temperatures above 32 degrees F (0 degrees C) and a freezer compartment is capable of storing food at temperatures at or below 32 degrees F (0 degrees C).

The products subject to this petition are currently classifiable under subheading 8418.10.0075 of the Harmonized Tariff Schedule of the United States (HTSUS). Products subject to this petition may also enter under HTSUS subheadings 8418.21.0090, 8418.40.0000, 8418.99.4000, 8418.99.8050, and 8418.99.8060. The HTSUS subheadings are provided for convenience and customs purposes, but the written description of the merchandise subject to this scope is dispositive.

Estimated Dumping Margins

Electrolux alleges a dumping margin of 165.13%.

Estimated Schedule of Investigations

The following is an estimated schedule of investigations by the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC):

May 30, 2024 Petitions are filed.
June 19, 2024 DOC initiates investigations.
June 20, 2024 ITC staff conference (estimated).
July 15, 2024 Deadline for ITC preliminary injury determination.
November 6, 2024 Deadline for DOC preliminary AD determination, if deadline is NOT postponed.
December 26, 2024 Deadline for DOC preliminary AD determination, if deadline is fully postponed.
May 10, 2025 Deadline for DOC final AD determinations, if all deadlines are fully postponed.
June 24, 2025 Deadline for ITC final injury determination, if all DOC deadlines are fully postponed.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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