NEW YORK Whirlpool Corp.
has alleged that Samsung Electronics Co. Ltd. falsified
information in an anti-dumping investigation into imports of
large residential washers from South Korea.
The U.S. Commerce
Departments International Trade Administration (ITA) last
month assessed preliminary weighted-average dumping margins
ranging from 9.62 percent on Samsung products up to 82.41
percent for other Korean producers/exporters (
amm.com, July 30).
However, counsel for Benton
Harbor, Mich.-based Whirlpool has challenged the Commerce
ruling, alleging that a Samsung executive and its counsel at
Washington-based Akin Gump Strauss Hauer & Feld LLP
"undermine(d) the integrity" of the proceedings by supplying
the department with false Korean sales data in an effort to
"reduce its anti-dumping duty liability and gain unfair
advantage over its competitors," according to documents
obtained by AMM.
"This is certainly noteworthy
because of the gravity of the allegations. We think that this
gives Samsung an unfair advantage over their competitors, and
if the U.S. government agrees, we hope to get that ruling
soon," Jack A. Levy, an attorney at Cassidy Levy Kent (USA)
LLP, which represents Whirlpool, told AMM. "The U.S.
government should take appropriate measures to protect the
integrity of its proceedings."
Whirlpools counsel also
alleged that Samsungs reported prices for washers
differed from those found in independently obtained copies of
transaction records, citing numerous differences between
figures in monthly sales invoice documents submitted to
Commerce and those in Samsungs home market database.
"In short, the administrative
record contains clear and compelling evidence that Samsung has
reworked its detailed revenue and cost data ... such that its
reported washer data masked the magnitude of its dumping,"
Whirlpools counsel wrote.
Whirlpools counsel asked
Commerce to issue Samsung a total adverse-facts-available rate
of 82.41 percent, cancel verification of Samsungs
questionnaire responses, refer the matter to the inspector
general for criminal investigation, initiate an investigation
into Samsungs attorney and representatives, and provide
appropriate information in the parallel countervailing duty
Akin Gump denied any fraudulent
activity, claiming that Whirlpool had "selected documents out
of context" and misunderstood the Seoul-based companys
"In comparing Samsungs
data with sales prices in the Korean Fair Trade Commission
(KFTC) materials in its attempt to discredit Samsungs
reported costs, Whirlpool has taken into consideration only the
retailer mark-up on its acquisition cost," Akin Gump wrote.
Counsel at Akin Gump and a
Samsung representative could not be reached for comment.