Gas Powered Pressure Washers From the People's Republic of China and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 4807-4812 [2023-01477]
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Federal Register / Vol. 88, No. 16 / Wednesday, January 25, 2023 / Notices
Title III of
the Export Trading Company Act of
1982 (15 U.S.C. 4011–21) (the Act)
authorizes the Secretary of Commerce to
issue Export Trade Certificates of
Review. An Export Trade Certificate of
Review protects the holder and the
members identified in the Certificate
from State and Federal government
antitrust actions and from private treble
damage antitrust actions for the export
conduct specified in the Certificate and
carried out in compliance with its terms
and conditions. The regulations
implementing Title III are found at 15
CFR part 325. OTEA is issuing this
notice pursuant to 15 CFR 325.6(a),
which requires the Secretary of
Commerce to publish a summary of the
application in the Federal Register,
identifying the applicant and each
member and summarizing the proposed
export conduct.
SUPPLEMENTARY INFORMATION:
Request for Public Comments
Interested parties may submit written
comments relevant to the determination
whether a Certificate should be issued.
If the comments include any privileged
or confidential business information, it
must be clearly marked and a
nonconfidential version of the
comments (identified as such) should be
included. Any comments not marked as
privileged or confidential business
information will be deemed to be
nonconfidential.
Written comments should be sent to
ETCA@trade.gov. An original and five
(5) copies, plus two (2) copies of the
nonconfidential version, should also be
submitted no later than 20 days after the
date of this notice to: Office of Trade
and Economic Analysis, International
Trade Administration, U.S. Department
of Commerce, Room 21028, Washington,
DC 20230.
Information submitted by any person
is exempt from disclosure under the
Freedom of Information Act (5 U.S.C.
552). However, nonconfidential versions
of the comments will be made available
to the applicant if necessary for
determining whether or not to issue the
Certificate. Comments should refer to
this application as ‘‘Export Trade
Certificate of Review, application
number 19–2A001.’’
A summary of the application follows.
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Summary of the Application
Applicant: National Pecan Shellers
Association, 3200 Windy Hill Rd. SE,
Suite 600W, Atlanta, GA, 30339.
Contact: Hannah Perkins, Associate
Account Executive of The Kellen
Company.
Application No.: 19–2A001.
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Date Deemed Submitted: January 12,
2023.
Summary: National Pecan Shellers
Association seeks to amend its
Certificate as follows:
1. Add the following entities as new
exporting Members of the Certificate
within the meaning of section 325.2(l) of
the Regulations (15 CFR 325.2(l)):
• HNH Nut Company, Visalia, CA
• Humphrey Pecan LLC, San Antonio,
TX
• John B. Sanfilippo & Son, Inc., Elgin,
IL
• Pecan Star & Nut Corp, San Antonio,
TX
• Southern Roots Nut Company, LLC,
Las Cruces, NM
2. Drop the following entities as
Members:
• Green Valley Company, Sahuarita,
Arizona
• Chase Farms, LLC, Artesia, New
Mexico
NPSA’s proposed amendment of its
Export Trade Certificate of Review
would result in the following
membership list:
Exporting Members
• Arnco, Inc. dba Carter Pecan, Panama
City Beach, Florida
• Chase Pecan, LP, San Saba, Texas
• Diamond Foods, LLC, Stockton,
California
• Easterlin Pecan Co, Montezuma,
Georgia
• HNH Nut Company, Visalia, CA
• Hudson Pecan Co., Inc., Ocilla,
Georgia
• Humphrey Pecan LLC, San Antonio,
TX
• John B. Sanfilippo & Son, Inc., Elgin,
IL
• La Nogalera USA Inc., El Paso, Texas
• Lamar Pecan Company, Hawkinsville,
Georgia
• Navarro Pecan Company, Corsicana,
Texas
• Pecan Grove Farms, Dallas, Texas
• Pecan Star & Nut Corp, San Antonio,
TX
• Southern Roots Nut Company, LLC,
Las Cruces, NM
• South Georgia Pecan Company,
Valdosta, Georgia
Non-Exporting Members
• Pecan Export Trade Council, Atlanta,
Georgia
• The Kellen Company, Atlanta,
Georgia (Independent Third Party)
Dated: January 20, 2023.
Joseph Flynn,
Director, Office of Trade and Economic
Analysis, International Trade Administration,
U.S. Department of Commerce.
[FR Doc. 2023–01480 Filed 1–24–23; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–148, A–552–008]
Gas Powered Pressure Washers From
the People’s Republic of China and the
Socialist Republic of Vietnam:
Initiation of Less-Than-Fair-Value
Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable January 19, 2023.
FOR FURTHER INFORMATION CONTACT:
Dusten Hom (the People’s Republic of
China (China)) or Matthew Palmer (the
Socialist Republic of Vietnam
(Vietnam), AD/CVD Operations, Offices
I and III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5075 or
(202) 482–1678, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petitions
On December 30, 2022,1 the U.S.
Department of Commerce (Commerce)
received antidumping duty (AD)
petitions concerning imports of gas
powered pressure washers (pressure
washers) from China and Vietnam, filed
in proper form on behalf of FNA Group,
Inc. (the petitioner), a domestic
producer of pressure washers.2 These
AD petitions were accompanied by a
countervailing duty (CVD) petition
concerning imports of pressure washers
from China.3
On January 4 and 11, 2023, Commerce
requested supplemental information
pertaining to certain aspects of the
Petitions in separate supplemental
questionnaires.4 The petitioner filed
1 See Memorandum, ‘‘Decision Memorandum
Concerning the Filing Date of the Petitions,’’ dated
December 30, 2022.
2 See Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Gas Powered Pressure Washers
from the People’s Republic of China and the
Socialist Republic of Vietnam,’’ dated December 30,
2022 (Petitions).
3 Id.
4 See Commerce’s Letters, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Gas Powered Pressure Washers
from the People’s Republic of China and the
Socialist Republic of Vietnam: Supplemental
Questions,’’ dated January 4, 2023 (General Issues
Supplemental Questionnaire); ‘‘Petition for the
Imposition of Antidumping Duties on Imports of
Gas Powered Pressure Washers from the People’s
Republic of China: Supplemental Questions,’’ dated
January 4, 2023; and ‘‘Petition for the Imposition of
Antidumping Duties on Imports of Gas Powered
Pressure Washers from Vietnam: Supplemental
Questions,’’ dated January 4, 2023; see also
Continued
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Federal Register / Vol. 88, No. 16 / Wednesday, January 25, 2023 / Notices
timely responses to the supplemental
questionnaires on January 9, 10, and 12,
2023.5
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioner alleges that imports
of pressure washers from China and
Vietnam are being, or are likely to be,
sold in the United States at less than fair
value (LTFV) within the meaning of
section 731 of the Act, and that imports
of such products are materially injuring,
or threatening material injury to, the
pressure washer industry in the United
States. Consistent with section 732(b)(1)
of the Act, the Petitions are
accompanied by information reasonably
available to the petitioner supporting its
allegations.
Commerce finds that the petitioner
filed the Petitions on behalf of the
domestic industry, because the
petitioner is an interested party, as
defined in section 771(9)(C) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
support for the initiation of the
requested AD investigations.6
Periods of Investigation
Because the Petitions were filed on
December 30, 2022, and China and
Vietnam are non-market economy
(NME) countries, pursuant to 19 CFR
351.204(b)(1), the period of
investigation (POI) for the China and
Vietnam AD investigations is April 1,
2022, through September 30, 2022.
Scope of the Investigations
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The products covered by these
investigations are pressure washers from
China and Vietnam. For a full
description of the scope of these
investigations, see the appendix to this
notice.
Memorandum, ‘‘Phone Call with Counsel to the
Petitioner,’’ dated January 11, 2023 (General Issues
Memorandum).
5 See Petitioner’s Letters, ‘‘ Gas Powered Pressure
Washers from the People’s Republic of China and
the Socialist Republic of Vietnam: Supplemental
Questionnaire Response—China,’’ dated January 9,
2023; ‘‘Gas Powered Pressure Washers from the
People’s Republic of China and the Socialist
Republic of Vietnam: Supplemental Questionnaire
Response—Vietnam,’’ dated January 9, 2023; ‘‘Gas
Powered Pressure Washers from the People’s
Republic of China and the Socialist Republic of
Vietnam: Supplemental Questionnaire Response—
General Issues,’’ dated January 10, 2023 (First
General Issues Supplement); and ‘‘Gas Powered
Pressure Washers from the People’s Republic of
China and the Socialist Republic of Vietnam: 2nd
Supplemental Questionnaire Response—General
Issues,’’ dated January 12, 2023 (Second General
Issues Supplement).
6 See infra, section on ‘‘Determination of Industry
Support for the Petitions.’’
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Comments on the Scope of the
Investigations
be filed on the records of the concurrent
AD and CVD investigations.
On January 4, 2023, Commerce
requested information from the
petitioner regarding the proposed scope
to ensure that the scope language in the
Petitions is an accurate reflection of the
products for which the domestic
industry is seeking relief.7 On January
10, 2023, the petitioner revised the
scope language.8 The description of
merchandise covered by these
investigations, as described in the
appendix to this notice, reflects these
clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(i.e., scope).9 Commerce will consider
all comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determinations. If scope comments
include factual information,10 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit such comments by 5:00
p.m. Eastern Time (ET) on February 8,
2023, which is 20 calendar days from
the signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on February 21, 2023,
which is ten calendar days from the
initial comment deadline.11
Commerce requests that any factual
information that parties consider
relevant to the scope of the
investigations be submitted during this
period. However, if a party subsequently
finds that additional factual information
pertaining to the scope of the
investigations may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All such submissions must
Filing Requirements
7 See
General Issues Supplemental Questionnaire.
First General Issues Supplement at 1–5 and
Exhibit Supp I–3.
9 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
10 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
11 The deadline for scope rebuttal comments falls
on Saturday, February 18, 2023, and the following
Monday is February 20, 2023, which is a Federal
holiday. Commerce’s practice dictates that where a
deadline falls on a weekend or Federal holiday, the
appropriate deadline is the next business day (in
this instance, Tuesday, February 21, 2023). See
Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005)
(Notice of Clarification).
8 See
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All submissions to Commerce must be
filed electronically via Enforcement and
Compliance’s Antidumping Duty and
Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.12 An
electronically filed document must be
received successfully in its entirety by
the time and date it is due.
Comments on Product Characteristics
Commerce is providing interested
parties an opportunity to comment on
the appropriate physical characteristics
of pressure washers to be reported in
response to Commerce’s AD
questionnaires. This information will be
used to identify the key physical
characteristics of the subject
merchandise in order to report the
relevant factors of production (FOP)
accurately, as well as to develop
appropriate product comparison
criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaires, all
product characteristics comments must
be filed by 5:00 p.m. ET on February 8,
2023, which is 20 calendar days from
the signature date of this notice.13 Any
rebuttal comments must be filed by 5:00
p.m. ET on February 21, 2023.14 All
comments and submissions to
Commerce must be filed electronically
using ACCESS, as explained above, on
the record of each of the AD
investigations.
12 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) (for
details of Commerce’s electronic filing
requirements, effective August 5, 2011. Information
on help using ACCESS can be found at https://
access.trade.gov/help.aspx and a handbook can be
found at https://access.trade.gov/help/Handbook_
on_Electronic_Filing_Procedures.pdf).
13 See 19 CFR 351.303(b)(1).
14 The deadline for product characteristics
rebuttal comments falls on Saturday, February 18,
2023, and the following Monday is February 20,
2023, which is a Federal holiday. Commerce’s
practice dictates that where a deadline falls on a
weekend or Federal holiday, the appropriate
deadline is the next business day (in this instance,
Tuesday, February 21, 2023). See Notice of
Clarification.
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Determination of Industry Support for
the Petitions
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) at least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The U.S. International
Trade Commission (ITC), which is
responsible for determining whether
‘‘the domestic industry’’ has been
injured, must also determine what
constitutes a domestic like product in
order to define the industry. While both
Commerce and the ITC must apply the
same statutory definition regarding the
domestic like product,15 they do so for
different purposes and pursuant to a
separate and distinct authority. In
addition, Commerce’s determination is
subject to limitations of time and
information. Although this may result in
different definitions of the like product,
such differences do not render the
decision of either agency contrary to
law.16
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
15 See
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
16 See
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(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioner does not offer a
definition of the domestic like product
distinct from the scope of the
investigations.17 Based on our analysis
of the information submitted on the
record, we have determined that
pressure washers, as defined in the
scope, constitute a single domestic like
product, and we have analyzed industry
support in terms of that domestic like
product.18
In determining whether the petitioner
has standing under section 732(c)(4)(A)
of the Act, we considered the industry
support data contained in the Petitions
with reference to the domestic like
product as defined in the ‘‘Scope of the
Investigations,’’ in the appendix to this
notice. To establish industry support,
the petitioner provided its own
production in 2021 and compared this
to the estimated 2021 production of the
domestic like product for the entire U.S.
pressure washers industry.19 The
petitioner estimated total production for
the industry by multiplying the
estimated U.S. shipments for the entire
domestic industry by the ratio of the
petitioner’s production to U.S.
shipments.20 We relied on data
provided by the petitioner for purposes
of measuring industry support.21
Our review of the data provided in the
Petitions, the First General Issues
17 See Petitions at Volume I (pages I–7 through I–
12, I–19, and Exhibits I–14 and I–16); see also First
General Issues Supplement at 9–16 and Exhibits
Supp I–8 through Supp I–11.
18 For a discussion of the domestic like product
analysis as applied to these cases and information
regarding industry support, see Checklist, ‘‘Gas
Powered Pressure Washers from the People’s
Republic of China,’’ dated concurrently with this
notice (China AD Checklist); and Checklist, ‘‘Gas
Powered Pressure Washers from the Socialist
Republic of Vietnam,’’ dated concurrently with this
notice (Vietnam AD Checklist) (collectively,
Country-Specific AD Initiation Checklists), at
Attachment II (Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions
Covering Gas Powered Pressure Washers from the
People’s Republic of China and the Socialist
Republic of Vietnam).
19 See Petitions at Volume I (pages I–3 through I–
4 and Exhibit I–2); see also First General Issues
Supplement at 5–9 and Exhibits Supp I–4 through
I–Supp I–7; and Second General Issues Supplement
at 1–2 and Exhibit S2 I–1.
20 See Petitions at Volume I (pages I–3 through I–
4 and Exhibit I–2); see also First General Issues
Supplement at 5–9 and Exhibit Supp I–5; and
Second General Issues Supplement at 1–2 and
Exhibit S2 I–1.
21 See Petitions at Volume I (pages I–3 through I–
4 and Exhibits I–1 and I–2); see also First General
Issues Supplement at 5–9 and Exhibit Supp I–5;
and Second General Issues Supplement at 1–2 and
Exhibit S2 I–1. For further discussion, see
Attachment II of the Country-Specific AD Initiation
Checklists.
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Supplement, the Second General Issues
Supplement, and other information
readily available to Commerce indicates
that the petitioner has established
industry support for the Petitions.22
First, the Petitions established support
from domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product and, as such, Commerce is not
required to take further action in order
to evaluate industry support (e.g.,
polling).23 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petitions
account for at least 25 percent of the
total production of the domestic like
product.24 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petitions
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petitions.25 Accordingly, Commerce
determines that the Petitions were filed
on behalf of the domestic industry
within the meaning of section 732(b)(1)
of the Act.26
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at LTFV. In addition,
the petitioner alleges that subject
imports exceed the negligibility
threshold provided for under section
771(24)(A) of the Act.27
The petitioner contends that the
industry’s injured condition is
illustrated by a significant volume of
subject imports; declining market share;
underselling and price depression and/
or suppression; decline in the domestic
22 See Petitions at Volume I (pages I–3 through I–
4 and Exhibits I–1 through I–2); see also First
General Issues Supplement at 5–9 and Exhibits
Supp I–4 through Supp I–7; and Second General
Issues Supplement at 1–2 and Exhibit S2 I–1. For
further discussion, see Attachment II of the
Country-Specific AD Initiation Checklists.
23 See Attachment II of the Country-Specific AD
Initiation Checklists; see also section 732(c)(4)(D) of
the Act.
24 See Attachment II of the Country-Specific AD
Initiation Checklists.
25 Id.
26 Id.
27 See Petitions at Volume I (pages I–19 through
I–20 and Exhibit I–8); see also Second General
Issues Supplement at 2 and Exhibit S2 I–2.
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industry’s production, capacity
utilization, U.S. shipments, and
employment variables; declining
operating income; and lost sales and
revenues.28 We assessed the allegations
and supporting evidence regarding
material injury, threat of material injury,
causation, as well as negligibility, and
we have determined that these
allegations are properly supported by
adequate evidence, and meet the
statutory requirements for initiation.29
Allegations of Sales at LTFV
The following is a description of the
allegations of sales at LTFV upon which
Commerce based its decision to initiate
AD investigations of imports of pressure
washers from China and Vietnam. The
sources of data for the deductions and
adjustments relating to U.S. price and
normal value (NV) are discussed in
greater detail in the Country-Specific
AD Initiation Checklists.
U.S. Price
For China and Vietnam, the petitioner
based export price (EP) on pricing
information for sales of, or offers for sale
of, pressure washers produced in and
exported from each country. The
petitioner made certain adjustments to
U.S. price to calculate a net ex-factory
U.S. price, where applicable.30
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Normal Value
Commerce considers China and
Vietnam to be NME countries.31 In
accordance with section 771(18)(C)(i) of
the Act, any determination that a foreign
country is an NME country shall remain
in effect until revoked by Commerce.
Therefore, we continue to treat China
and Vietnam as NME countries for
28 See Petitions at Volume I (pages I–14 and I–16
through I–37 and Exhibits I–6 through I–8, I–10
through I–13, and I–15); see also First General
Issues Supplement at 16 through 19 and Exhibit
Supp I–12; and Second General Issues Supplement
at 2 and Exhibit S2 I–2.
29 See Country-Specific AD Initiation Checklists
at Attachment III (Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions
Covering Gas Powered Pressure Washers from the
People’s Republic of China and the Socialist
Republic of Vietnam).
30 See Country-Specific AD Initiation Checklists.
31 See Antidumping Duty Investigation of Certain
Aluminum Foil from the People’s Republic of
China: Affirmative Preliminary Determination of
Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861
(November 2, 2017), and accompanying China NME
Status Decision Memorandum, unchanged in
Certain Aluminum Foil from the People’s Republic
of China: Final Determination of Sales at Less Than
Fair Value, 83 FR 9282 (March 5, 2018); see also
Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Final Results, and Final
Results of No Shipments of the Antidumping Duty
Administrative Review; 2016–2017, 84 FR 18007
(April 29, 2019).
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purposes of the initiation of these
investigations. Accordingly, NV in
China and Vietnam is appropriately
based on FOPs valued in surrogate
market economy countries, in
accordance with section 773(c) of the
Act.
The petitioner claims that Turkey is
an appropriate surrogate country for
China because Turkey is a market
economy (ME) country that is at a level
of economic development comparable to
that of China and is a significant
producer of comparable merchandise.32
The petitioner provided publicly
available information from Turkey to
value all FOPs.33 Based on the
information provided by the petitioner,
we determine that it is appropriate to
use Turkey as a surrogate country for
initiation purposes.
The petitioner claims that Indonesia
is an appropriate surrogate country for
Vietnam because Indonesia is a ME
country that is at a level of economic
development comparable to that of
Vietnam and is a significant producer of
comparable merchandise.34 The
petitioner provided publicly available
information from Indonesia to value all
FOPs.35 Based on the information
provided by the petitioner, we
determine that it is appropriate to use
Indonesia as a surrogate country for
initiation purposes.
Interested parties will have the
opportunity to submit comments
regarding surrogate country selection
and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an
opportunity to submit publicly available
information to value FOPs within 30
days before the scheduled date of the
preliminary determinations.
Factors of Production
Because information regarding the
volume of inputs consumed by Chinese
and Vietnamese producers/exporters
was not reasonably available, the
petitioner used its own product-specific
consumption rates as a surrogate to
value the FOPs of Chinese and
Vietnamese manufacturers.36
Additionally, the petitioner calculated
factory overhead; selling, general and
administrative expenses; and profit
based on the experience of a Turkish
and Indonesian producer of comparable
merchandise for China and Vietnam,
respectively.37
32 See
China AD Checklist.
Fair Value Comparisons
Based on the data provided by the
petitioner, there is reason to believe that
imports of pressure washers from China
and Vietnam are being, or are likely to
be, sold in the United States at LTFV.
Based on comparisons of EP to NV in
accordance with sections 772 and 773 of
the Act, the estimated dumping margins
for pressure washers for each of the
countries covered by this initiation are
as follows: (1) China—136.70 and
242.34 percent; and (2) Vietnam—
110.23 and 225.65 percent.38
Initiation of LTFV Investigations
Based upon the examination of the
Petitions and supplemental responses,
we find that they meet the requirements
of section 732 of the Act. Therefore, we
are initiating AD investigations to
determine whether imports of pressure
washers from China and Vietnam are
being, or are likely to be, sold in the
United States at LTFV. In accordance
with section 733(b)(1)(A) of the Act and
19 CFR 351.205(b)(1), unless postponed,
we will make our preliminary
determinations no later than 140 days
after the date of this initiation.
Respondent Selection
In the Petitions, the petitioner named
27 companies in China and 14
companies in Vietnam as producers
and/or exporters of pressure washers.39
In accordance with our standard
practice for respondent selection in AD
investigations involving NME countries,
Commerce selects respondents based on
quantity and value (Q&V)
questionnaires in cases where it has
determined that the number of
companies is large and it cannot
individually examine each company
based upon its resources. Therefore,
considering the number of producers
and/or exporters identified in the
Petition, Commerce will solicit Q&V
information that can serve as a basis for
selecting exporters for individual
examination in the event that Commerce
decides to limit the number of
respondents individually examined
pursuant to section 777A(c)(2) of the
Act. Because there are 27 Chinese and
14 Vietnamese producers and/or
exporters identified in the Petitions,
Commerce has determined that it will
issue Q&V questionnaires to each
potential respondent for which the
petitioner has provided a complete
address.
33 Id.
34 See
Vietnam AD Checklist.
38 Id.
35 Id.
36 See
Country-Specific AD Checklists.
37 Id.
PO 00000
for details of the calculations.
Petitions at Volume I (page 13 and Exhibits
I–6 and I–7); see also First General Issues
Supplement at 1 and Exhibit Supp I–1.
39 See
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In addition, Commerce will post the
Q&V questionnaires along with filing
instructions on Commerce’s website at
https://enforcement.trade.gov/
questionnaires/questionnaires-ad.html.
Producers/exporters of pressure washers
from China and Vietnam that do not
receive Q&V questionnaires may still
submit a response to the Q&V
questionnaire and can obtain a copy of
the Q&V questionnaire from
Commerce’s website. In accordance
with the standard practice for
respondent selection in AD cases
involving NME countries, in the event
Commerce decides to limit the number
of respondents individually
investigated, Commerce intends to base
respondent selection on the responses to
the Q&V questionnaire that it receives.
Responses to the Q&V questionnaire
must be submitted by the relevant
Chinese and Vietnamese producers/
exporters no later than 5:00 p.m. ET on
February 2, 2023, which is two weeks
from the signature date of this notice.
All Q&V questionnaire responses must
be filed electronically via ACCESS. An
electronically filed document must be
received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on
the deadline noted above.
Interested parties must submit
applications for disclosure under
administrative protective order (APO) in
accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on Commerce’s website at
https://enforcement.trade.gov/apo.
Commerce intends to make its decisions
regarding respondent selection within
20 days of publication of this notice.
Separate Rates
In order to obtain separate rate status
in an NME investigation, exporters and
producers must submit a separate rate
application.40 The specific requirements
for submitting a separate rate
application in an NME investigation are
outlined in detail in the application
itself, which is available on Commerce’s
website at https://
enforcement.trade.gov/nme/nme-seprate.html. The separate rate application
will be due 30 days after publication of
this initiation notice.41 Exporters and
producers who submit a separate rate
lotter on DSK11XQN23PROD with NOTICES1
40 See
Enforcement and Compliance’s Policy
Bulletin 05.1, regarding, ‘‘Separate-Rates Practice
and Application of Combination Rates in
Antidumping Investigation involving NME
Countries,’’ (April 5, 2005) (Policy Bulletin 05.1),
available at https://enforcement.trade.gov/policy/
bull05-1.pdf.
41 Although in past investigations this deadline
was 60 days, consistent with 19 CFR 351.301(a),
which states that ‘‘the Secretary may request any
person to submit factual information at any time
during a proceeding,’’ this deadline is now 30 days.
VerDate Sep<11>2014
16:55 Jan 24, 2023
Jkt 259001
application and have been selected as
mandatory respondents will be eligible
for consideration for separate rate status
only if they respond to all parts of
Commerce’s AD questionnaire as
mandatory respondents. Commerce
requires that companies from China and
Vietnam submit a response both to the
Q&V questionnaire and to the separate
rate application by the respective
deadlines in order to receive
consideration for separate rate status.
Companies not filing a timely Q&V
questionnaire response will not receive
separate rate consideration.
Use of Combination Rates
Commerce will calculate combination
rates for certain respondents that are
eligible for a separate rate in an NME
investigation. The Separate Rates and
Combination Rates Bulletin states:
{w}hile continuing the practice of
assigning separate rates only to exporters, all
separate rates that {Commerce} will now
assign in its NME Investigation will be
specific to those producers that supplied the
exporter during the period of investigation.
Note, however, that one rate is calculated for
the exporter and all of the producers which
supplied subject merchandise to it during the
period of investigation. This practice applies
both to mandatory respondents receiving an
individually calculated separate rate as well
as the pool of non-investigated firms
receiving the {weighted average} of the
individually calculated rates. This practice is
referred to as the application of ‘‘combination
rates’’ because such rates apply to specific
combinations of exporters and one or more
producers. The cash-deposit rate assigned to
an exporter will apply only to merchandise
both exported by the firm in question and
produced by a firm that supplied the exporter
during the period of investigation.42
Distribution of Copies of the AD
Petitions
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version
of the AD Petitions have been provided
to the governments of China and
Vietnam via ACCESS. To the extent
practicable, we will attempt to provide
a copy of the public version of the AD
Petitions to each exporter named in the
AD Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its
initiation, as required by section 732(d)
of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the AD Petitions were filed, whether
there is a reasonable indication that
imports of pressure washers from China
and/or Vietnam are materially injuring,
or threatening material injury to, a U.S.
industry.43 A negative ITC
determination for any country will
result in the investigation being
terminated with respect to that
country.44 Otherwise, these AD
investigations will proceed according to
statutory and regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 45 and, if
the information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.46 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Interested parties should
review the regulations prior to
submitting factual information in these
investigations.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by
Commerce. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR
351.301.47 For submissions that are due
from multiple parties simultaneously,
an extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, we may elect to specify
a different time limit by which
extension requests will be considered
43 See
section 733(a) of the Act.
44 Id.
45 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
47 See 19 CFR 351.302.
46 See
42 See
PO 00000
Policy Bulletin 05.1 at 6 (emphasis added).
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4811
E:\FR\FM\25JAN1.SGM
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Federal Register / Vol. 88, No. 16 / Wednesday, January 25, 2023 / Notices
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, we will inform parties in a
letter or memorandum of the deadline
(including a specified time) by which
extension requests must be filed to be
considered timely. An extension request
must be made in a separate, standalone
submission; under limited
circumstances we will grant untimely
filed requests for the extension of time
limits. Parties should review
Commerce’s regulations concerning the
extension of time limits and the Time
Limits Final Rule prior to submitting
factual information in these
investigations.48
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.49
Parties must use the certification
formats provided in 19 CFR
351.303(g).50 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
lotter on DSK11XQN23PROD with NOTICES1
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Parties wishing to participate in these
investigations should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letter of appearance). Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.51
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
48 See 19 CFR 351.301; see also Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20,
2013) (Time Limits Final Rule), available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/201322853.htm.
49 See section 782(b) of the Act.
50 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
51 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
VerDate Sep<11>2014
16:55 Jan 24, 2023
Jkt 259001
Dated: January 19, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Scope of the Investigations
The merchandise covered by these
investigations is cold water gas powered
pressure washers (also commonly known as
power washers), which are machines that
clean surfaces using water pressure that are
powered by an internal combustion engine,
air-cooled with a power take-off shaft, in
combination with a positive displacement
pump. This combination of components (i.e.,
the internal combustion engine, the power
take-off shaft, and the positive displacement
pump) is defined as the ‘‘power unit.’’ The
scope of these investigations covers cold
water gas powered pressure washers,
whether finished or unfinished, whether
assembled or unassembled, and whether or
not containing any additional parts or
accessories to assist in the function of the
‘‘power unit,’’ including, but not limited to,
spray guns, hoses, lances, and nozzles. The
scope of these investigations covers cold
water gas powered pressure washers,
whether or not assembled or packaged with
a frame, cart, or trolley, with or without
wheels attached.
For purposes of these investigations, an
unfinished and/or unassembled cold water
gas powered pressure washer consists of, at
a minimum, the power unit or components
of the power unit, packaged or imported
together. Importation of the power unit
whether or not accompanied by, or attached
to, additional components including, but not
limited to a frame, spray guns, hoses, lances,
and nozzles constitutes an unfinished cold
water gas powered pressure washer for
purposes of this scope. The inclusion in a
third country of any components other than
the power unit does not remove the cold
water gas powered pressure washer from the
scope. A cold water gas powered pressure
washer is within the scope of these
investigations regardless of the origin of its
engine. Subject merchandise also includes
finished and unfinished cold water gas
powered pressure washers that are further
processed in a third country or in the United
States, including, but not limited to,
assembly or any other processing that would
not otherwise remove the merchandise from
the scope of these investigations if performed
in the country of manufacture of the in-scope
cold water gas powered pressure washers.
The scope excludes hot water gas powered
pressure washers, which are pressure
washers that include a heating element used
to heat the water sprayed from the machine.
Also specifically excluded from the scope
of these investigations is merchandise
covered by the scope of the antidumping and
countervailing duty orders on certain vertical
shaft engines between 99cc and Up to 225cc,
and parts thereof from the People’s Republic
of China. See Certain Vertical Shaft Engines
Between 99 cc and Up to 225cc, and Parts
Thereof from the People’s Republic of China:
Antidumping and Countervailing Duty
Orders, 86 FR 023675 (May 4, 2021).
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
The cold water gas powered pressure
washers subject to these investigations are
classified in the Harmonized Tariff Schedule
of the United States (HTSUS) at subheadings
8424.30.9000 and 8424.90.9040. Although
the HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope is
dispositive.
[FR Doc. 2023–01477 Filed 1–24–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–149]
Gas Powered Pressure Washers From
the People’s Republic of China:
Initiation of Countervailing Duty
Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable January 19, 2023
FOR FURTHER INFORMATION CONTACT:
Brontee George, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4656.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
On December 30, 2022, the U.S.
Department of Commerce (Commerce)
received a countervailing duty (CVD)
petition concerning imports of gas
powered pressure washers (pressure
washers) from the People’s Republic of
China (China) filed in proper form on
behalf of FNA Group, Inc. (the
petitioner), a domestic producer of
pressure washers.1 The CVD petition
was accompanied by antidumping duty
(AD) petitions concerning imports of
pressure washers from China, and the
Socialist Republic of Vietnam.2
On January 4, 2023, Commerce
requested supplemental information
pertaining to certain aspects of the
Petition.3 On January 10, 2023, the
1 See Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Gas Powered Pressure Washers
from the People’s Republic of China and the
Socialist Republic of Vietnam,’’ dated December 30,
2022 (Petition).
2 Id.
3 See Commerce’s Letters, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Gas Powered Pressure Washers
from the People’s Republic of China and the
Socialist Republic of Vietnam: Supplemental
Questions,’’ dated January 4, 2023; and ‘‘Petitions
for the Imposition of Antidumping and
Countervailing Duties on Imports of Gas Powered
Pressure Washers from the People’s Republic of
E:\FR\FM\25JAN1.SGM
25JAN1
]]>Agencies
[Federal Register Volume 88, Number 16 (Wednesday, January 25, 2023)]
[Notices]
[Pages 4807-4812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01477]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-148, A-552-008]
Gas Powered Pressure Washers From the People's Republic of China
and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-
Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable January 19, 2023.
FOR FURTHER INFORMATION CONTACT: Dusten Hom (the People's Republic of
China (China)) or Matthew Palmer (the Socialist Republic of Vietnam
(Vietnam), AD/CVD Operations, Offices I and III, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-5075 or (202) 482-1678, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On December 30, 2022,\1\ the U.S. Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of gas
powered pressure washers (pressure washers) from China and Vietnam,
filed in proper form on behalf of FNA Group, Inc. (the petitioner), a
domestic producer of pressure washers.\2\ These AD petitions were
accompanied by a countervailing duty (CVD) petition concerning imports
of pressure washers from China.\3\
---------------------------------------------------------------------------
\1\ See Memorandum, ``Decision Memorandum Concerning the Filing
Date of the Petitions,'' dated December 30, 2022.
\2\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Gas Powered
Pressure Washers from the People's Republic of China and the
Socialist Republic of Vietnam,'' dated December 30, 2022
(Petitions).
\3\ Id.
---------------------------------------------------------------------------
On January 4 and 11, 2023, Commerce requested supplemental
information pertaining to certain aspects of the Petitions in separate
supplemental questionnaires.\4\ The petitioner filed
[[Page 4808]]
timely responses to the supplemental questionnaires on January 9, 10,
and 12, 2023.\5\
---------------------------------------------------------------------------
\4\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Gas Powered
Pressure Washers from the People's Republic of China and the
Socialist Republic of Vietnam: Supplemental Questions,'' dated
January 4, 2023 (General Issues Supplemental Questionnaire);
``Petition for the Imposition of Antidumping Duties on Imports of
Gas Powered Pressure Washers from the People's Republic of China:
Supplemental Questions,'' dated January 4, 2023; and ``Petition for
the Imposition of Antidumping Duties on Imports of Gas Powered
Pressure Washers from Vietnam: Supplemental Questions,'' dated
January 4, 2023; see also Memorandum, ``Phone Call with Counsel to
the Petitioner,'' dated January 11, 2023 (General Issues
Memorandum).
\5\ See Petitioner's Letters, `` Gas Powered Pressure Washers
from the People's Republic of China and the Socialist Republic of
Vietnam: Supplemental Questionnaire Response--China,'' dated January
9, 2023; ``Gas Powered Pressure Washers from the People's Republic
of China and the Socialist Republic of Vietnam: Supplemental
Questionnaire Response--Vietnam,'' dated January 9, 2023; ``Gas
Powered Pressure Washers from the People's Republic of China and the
Socialist Republic of Vietnam: Supplemental Questionnaire Response--
General Issues,'' dated January 10, 2023 (First General Issues
Supplement); and ``Gas Powered Pressure Washers from the People's
Republic of China and the Socialist Republic of Vietnam: 2nd
Supplemental Questionnaire Response--General Issues,'' dated January
12, 2023 (Second General Issues Supplement).
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of pressure
washers from China and Vietnam are being, or are likely to be, sold in
the United States at less than fair value (LTFV) within the meaning of
section 731 of the Act, and that imports of such products are
materially injuring, or threatening material injury to, the pressure
washer industry in the United States. Consistent with section 732(b)(1)
of the Act, the Petitions are accompanied by information reasonably
available to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(C) of the Act. Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested AD investigations.\6\
---------------------------------------------------------------------------
\6\ See infra, section on ``Determination of Industry Support
for the Petitions.''
---------------------------------------------------------------------------
Periods of Investigation
Because the Petitions were filed on December 30, 2022, and China
and Vietnam are non-market economy (NME) countries, pursuant to 19 CFR
351.204(b)(1), the period of investigation (POI) for the China and
Vietnam AD investigations is April 1, 2022, through September 30, 2022.
Scope of the Investigations
The products covered by these investigations are pressure washers
from China and Vietnam. For a full description of the scope of these
investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On January 4, 2023, Commerce requested information from the
petitioner regarding the proposed scope to ensure that the scope
language in the Petitions is an accurate reflection of the products for
which the domestic industry is seeking relief.\7\ On January 10, 2023,
the petitioner revised the scope language.\8\ The description of
merchandise covered by these investigations, as described in the
appendix to this notice, reflects these clarifications.
---------------------------------------------------------------------------
\7\ See General Issues Supplemental Questionnaire.
\8\ See First General Issues Supplement at 1-5 and Exhibit Supp
I-3.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\9\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information,\10\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit such comments by 5:00 p.m. Eastern Time
(ET) on February 8, 2023, which is 20 calendar days from the signature
date of this notice. Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on February 21, 2023, which
is ten calendar days from the initial comment deadline.\11\
---------------------------------------------------------------------------
\9\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\11\ The deadline for scope rebuttal comments falls on Saturday,
February 18, 2023, and the following Monday is February 20, 2023,
which is a Federal holiday. Commerce's practice dictates that where
a deadline falls on a weekend or Federal holiday, the appropriate
deadline is the next business day (in this instance, Tuesday,
February 21, 2023). See Notice of Clarification: Application of
``Next Business Day'' Rule for Administrative Determination
Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR
24533 (May 10, 2005) (Notice of Clarification).
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of the investigations be submitted
during this period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party may contact Commerce and
request permission to submit the additional information. All such
submissions must be filed on the records of the concurrent AD and CVD
investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\12\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\12\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) (for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/help.aspx and a
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf).
---------------------------------------------------------------------------
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of pressure washers to be
reported in response to Commerce's AD questionnaires. This information
will be used to identify the key physical characteristics of the
subject merchandise in order to report the relevant factors of
production (FOP) accurately, as well as to develop appropriate product
comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. In order to consider the suggestions of
interested parties in developing and issuing the AD questionnaires, all
product characteristics comments must be filed by 5:00 p.m. ET on
February 8, 2023, which is 20 calendar days from the signature date of
this notice.\13\ Any rebuttal comments must be filed by 5:00 p.m. ET on
February 21, 2023.\14\ All comments and submissions to Commerce must be
filed electronically using ACCESS, as explained above, on the record of
each of the AD investigations.
---------------------------------------------------------------------------
\13\ See 19 CFR 351.303(b)(1).
\14\ The deadline for product characteristics rebuttal comments
falls on Saturday, February 18, 2023, and the following Monday is
February 20, 2023, which is a Federal holiday. Commerce's practice
dictates that where a deadline falls on a weekend or Federal
holiday, the appropriate deadline is the next business day (in this
instance, Tuesday, February 21, 2023). See Notice of Clarification.
---------------------------------------------------------------------------
[[Page 4809]]
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\15\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\16\
---------------------------------------------------------------------------
\15\ See section 771(10) of the Act.
\16\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\17\ Based on our analysis of the information
submitted on the record, we have determined that pressure washers, as
defined in the scope, constitute a single domestic like product, and we
have analyzed industry support in terms of that domestic like
product.\18\
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\17\ See Petitions at Volume I (pages I-7 through I-12, I-19,
and Exhibits I-14 and I-16); see also First General Issues
Supplement at 9-16 and Exhibits Supp I-8 through Supp I-11.
\18\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklist, ``Gas Powered Pressure Washers from the People's
Republic of China,'' dated concurrently with this notice (China AD
Checklist); and Checklist, ``Gas Powered Pressure Washers from the
Socialist Republic of Vietnam,'' dated concurrently with this notice
(Vietnam AD Checklist) (collectively, Country-Specific AD Initiation
Checklists), at Attachment II (Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions Covering Gas Powered
Pressure Washers from the People's Republic of China and the
Socialist Republic of Vietnam).
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In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
own production in 2021 and compared this to the estimated 2021
production of the domestic like product for the entire U.S. pressure
washers industry.\19\ The petitioner estimated total production for the
industry by multiplying the estimated U.S. shipments for the entire
domestic industry by the ratio of the petitioner's production to U.S.
shipments.\20\ We relied on data provided by the petitioner for
purposes of measuring industry support.\21\
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\19\ See Petitions at Volume I (pages I-3 through I-4 and
Exhibit I-2); see also First General Issues Supplement at 5-9 and
Exhibits Supp I-4 through I-Supp I-7; and Second General Issues
Supplement at 1-2 and Exhibit S2 I-1.
\20\ See Petitions at Volume I (pages I-3 through I-4 and
Exhibit I-2); see also First General Issues Supplement at 5-9 and
Exhibit Supp I-5; and Second General Issues Supplement at 1-2 and
Exhibit S2 I-1.
\21\ See Petitions at Volume I (pages I-3 through I-4 and
Exhibits I-1 and I-2); see also First General Issues Supplement at
5-9 and Exhibit Supp I-5; and Second General Issues Supplement at 1-
2 and Exhibit S2 I-1. For further discussion, see Attachment II of
the Country-Specific AD Initiation Checklists.
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Our review of the data provided in the Petitions, the First General
Issues Supplement, the Second General Issues Supplement, and other
information readily available to Commerce indicates that the petitioner
has established industry support for the Petitions.\22\ First, the
Petitions established support from domestic producers (or workers)
accounting for more than 50 percent of the total production of the
domestic like product and, as such, Commerce is not required to take
further action in order to evaluate industry support (e.g.,
polling).\23\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 732(c)(4)(A)(i)
of the Act because the domestic producers (or workers) who support the
Petitions account for at least 25 percent of the total production of
the domestic like product.\24\ Finally, the domestic producers (or
workers) have met the statutory criteria for industry support under
section 732(c)(4)(A)(ii) of the Act because the domestic producers (or
workers) who support the Petitions account for more than 50 percent of
the production of the domestic like product produced by that portion of
the industry expressing support for, or opposition to, the
Petitions.\25\ Accordingly, Commerce determines that the Petitions were
filed on behalf of the domestic industry within the meaning of section
732(b)(1) of the Act.\26\
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\22\ See Petitions at Volume I (pages I-3 through I-4 and
Exhibits I-1 through I-2); see also First General Issues Supplement
at 5-9 and Exhibits Supp I-4 through Supp I-7; and Second General
Issues Supplement at 1-2 and Exhibit S2 I-1. For further discussion,
see Attachment II of the Country-Specific AD Initiation Checklists.
\23\ See Attachment II of the Country-Specific AD Initiation
Checklists; see also section 732(c)(4)(D) of the Act.
\24\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\25\ Id.
\26\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\27\
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\27\ See Petitions at Volume I (pages I-19 through I-20 and
Exhibit I-8); see also Second General Issues Supplement at 2 and
Exhibit S2 I-2.
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The petitioner contends that the industry's injured condition is
illustrated by a significant volume of subject imports; declining
market share; underselling and price depression and/or suppression;
decline in the domestic
[[Page 4810]]
industry's production, capacity utilization, U.S. shipments, and
employment variables; declining operating income; and lost sales and
revenues.\28\ We assessed the allegations and supporting evidence
regarding material injury, threat of material injury, causation, as
well as negligibility, and we have determined that these allegations
are properly supported by adequate evidence, and meet the statutory
requirements for initiation.\29\
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\28\ See Petitions at Volume I (pages I-14 and I-16 through I-37
and Exhibits I-6 through I-8, I-10 through I-13, and I-15); see also
First General Issues Supplement at 16 through 19 and Exhibit Supp I-
12; and Second General Issues Supplement at 2 and Exhibit S2 I-2.
\29\ See Country-Specific AD Initiation Checklists at Attachment
III (Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Gas Powered Pressure Washers from the People's Republic of
China and the Socialist Republic of Vietnam).
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate AD investigations of
imports of pressure washers from China and Vietnam. The sources of data
for the deductions and adjustments relating to U.S. price and normal
value (NV) are discussed in greater detail in the Country-Specific AD
Initiation Checklists.
U.S. Price
For China and Vietnam, the petitioner based export price (EP) on
pricing information for sales of, or offers for sale of, pressure
washers produced in and exported from each country. The petitioner made
certain adjustments to U.S. price to calculate a net ex-factory U.S.
price, where applicable.\30\
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\30\ See Country-Specific AD Initiation Checklists.
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Normal Value
Commerce considers China and Vietnam to be NME countries.\31\ In
accordance with section 771(18)(C)(i) of the Act, any determination
that a foreign country is an NME country shall remain in effect until
revoked by Commerce. Therefore, we continue to treat China and Vietnam
as NME countries for purposes of the initiation of these
investigations. Accordingly, NV in China and Vietnam is appropriately
based on FOPs valued in surrogate market economy countries, in
accordance with section 773(c) of the Act.
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\31\ See Antidumping Duty Investigation of Certain Aluminum Foil
from the People's Republic of China: Affirmative Preliminary
Determination of Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861 (November 2, 2017), and
accompanying China NME Status Decision Memorandum, unchanged in
Certain Aluminum Foil from the People's Republic of China: Final
Determination of Sales at Less Than Fair Value, 83 FR 9282 (March 5,
2018); see also Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Final Results, and Final Results of No
Shipments of the Antidumping Duty Administrative Review; 2016-2017,
84 FR 18007 (April 29, 2019).
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The petitioner claims that Turkey is an appropriate surrogate
country for China because Turkey is a market economy (ME) country that
is at a level of economic development comparable to that of China and
is a significant producer of comparable merchandise.\32\ The petitioner
provided publicly available information from Turkey to value all
FOPs.\33\ Based on the information provided by the petitioner, we
determine that it is appropriate to use Turkey as a surrogate country
for initiation purposes.
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\32\ See China AD Checklist.
\33\ Id.
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The petitioner claims that Indonesia is an appropriate surrogate
country for Vietnam because Indonesia is a ME country that is at a
level of economic development comparable to that of Vietnam and is a
significant producer of comparable merchandise.\34\ The petitioner
provided publicly available information from Indonesia to value all
FOPs.\35\ Based on the information provided by the petitioner, we
determine that it is appropriate to use Indonesia as a surrogate
country for initiation purposes.
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\34\ See Vietnam AD Checklist.
\35\ Id.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determinations.
Factors of Production
Because information regarding the volume of inputs consumed by
Chinese and Vietnamese producers/exporters was not reasonably
available, the petitioner used its own product-specific consumption
rates as a surrogate to value the FOPs of Chinese and Vietnamese
manufacturers.\36\ Additionally, the petitioner calculated factory
overhead; selling, general and administrative expenses; and profit
based on the experience of a Turkish and Indonesian producer of
comparable merchandise for China and Vietnam, respectively.\37\
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\36\ See Country-Specific AD Checklists.
\37\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of pressure washers from China and Vietnam are
being, or are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to NV in accordance with sections 772 and 773 of the
Act, the estimated dumping margins for pressure washers for each of the
countries covered by this initiation are as follows: (1) China--136.70
and 242.34 percent; and (2) Vietnam--110.23 and 225.65 percent.\38\
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\38\ Id. for details of the calculations.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating AD investigations to determine
whether imports of pressure washers from China and Vietnam are being,
or are likely to be, sold in the United States at LTFV. In accordance
with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determinations no later than
140 days after the date of this initiation.
Respondent Selection
In the Petitions, the petitioner named 27 companies in China and 14
companies in Vietnam as producers and/or exporters of pressure
washers.\39\ In accordance with our standard practice for respondent
selection in AD investigations involving NME countries, Commerce
selects respondents based on quantity and value (Q&V) questionnaires in
cases where it has determined that the number of companies is large and
it cannot individually examine each company based upon its resources.
Therefore, considering the number of producers and/or exporters
identified in the Petition, Commerce will solicit Q&V information that
can serve as a basis for selecting exporters for individual examination
in the event that Commerce decides to limit the number of respondents
individually examined pursuant to section 777A(c)(2) of the Act.
Because there are 27 Chinese and 14 Vietnamese producers and/or
exporters identified in the Petitions, Commerce has determined that it
will issue Q&V questionnaires to each potential respondent for which
the petitioner has provided a complete address.
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\39\ See Petitions at Volume I (page 13 and Exhibits I-6 and I-
7); see also First General Issues Supplement at 1 and Exhibit Supp
I-1.
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[[Page 4811]]
In addition, Commerce will post the Q&V questionnaires along with
filing instructions on Commerce's website at https://enforcement.trade.gov/questionnaires/questionnaires-ad.html. Producers/
exporters of pressure washers from China and Vietnam that do not
receive Q&V questionnaires may still submit a response to the Q&V
questionnaire and can obtain a copy of the Q&V questionnaire from
Commerce's website. In accordance with the standard practice for
respondent selection in AD cases involving NME countries, in the event
Commerce decides to limit the number of respondents individually
investigated, Commerce intends to base respondent selection on the
responses to the Q&V questionnaire that it receives.
Responses to the Q&V questionnaire must be submitted by the
relevant Chinese and Vietnamese producers/exporters no later than 5:00
p.m. ET on February 2, 2023, which is two weeks from the signature date
of this notice. All Q&V questionnaire responses must be filed
electronically via ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the deadline noted above.
Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305(b). Instructions for filing such applications may be found on
Commerce's website at https://enforcement.trade.gov/apo. Commerce
intends to make its decisions regarding respondent selection within 20
days of publication of this notice.
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application.\40\
The specific requirements for submitting a separate rate application in
an NME investigation are outlined in detail in the application itself,
which is available on Commerce's website at https://enforcement.trade.gov/nme/nme-sep-rate.html. The separate rate
application will be due 30 days after publication of this initiation
notice.\41\ Exporters and producers who submit a separate rate
application and have been selected as mandatory respondents will be
eligible for consideration for separate rate status only if they
respond to all parts of Commerce's AD questionnaire as mandatory
respondents. Commerce requires that companies from China and Vietnam
submit a response both to the Q&V questionnaire and to the separate
rate application by the respective deadlines in order to receive
consideration for separate rate status. Companies not filing a timely
Q&V questionnaire response will not receive separate rate
consideration.
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\40\ See Enforcement and Compliance's Policy Bulletin 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005) (Policy Bulletin 05.1), available at https://enforcement.trade.gov/policy/bull05-1.pdf.
\41\ Although in past investigations this deadline was 60 days,
consistent with 19 CFR 351.301(a), which states that ``the Secretary
may request any person to submit factual information at any time
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate
rates only to exporters, all separate rates that {Commerce{time}
will now assign in its NME Investigation will be specific to those
producers that supplied the exporter during the period of
investigation. Note, however, that one rate is calculated for the
exporter and all of the producers which supplied subject merchandise
to it during the period of investigation. This practice applies both
to mandatory respondents receiving an individually calculated
separate rate as well as the pool of non-investigated firms
receiving the {weighted average{time} of the individually
calculated rates. This practice is referred to as the application of
``combination rates'' because such rates apply to specific
combinations of exporters and one or more producers. The cash-
deposit rate assigned to an exporter will apply only to merchandise
both exported by the firm in question and produced by a firm that
supplied the exporter during the period of investigation.\42\
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\42\ See Policy Bulletin 05.1 at 6 (emphasis added).
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Distribution of Copies of the AD Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the AD Petitions have been
provided to the governments of China and Vietnam via ACCESS. To the
extent practicable, we will attempt to provide a copy of the public
version of the AD Petitions to each exporter named in the AD Petitions,
as provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the AD Petitions were filed, whether there is a reasonable
indication that imports of pressure washers from China and/or Vietnam
are materially injuring, or threatening material injury to, a U.S.
industry.\43\ A negative ITC determination for any country will result
in the investigation being terminated with respect to that country.\44\
Otherwise, these AD investigations will proceed according to statutory
and regulatory time limits.
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\43\ See section 733(a) of the Act.
\44\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \45\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\46\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
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\45\ See 19 CFR 351.301(b).
\46\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301.\47\ For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered
[[Page 4812]]
untimely for submissions which are due from multiple parties
simultaneously. In such a case, we will inform parties in a letter or
memorandum of the deadline (including a specified time) by which
extension requests must be filed to be considered timely. An extension
request must be made in a separate, standalone submission; under
limited circumstances we will grant untimely filed requests for the
extension of time limits. Parties should review Commerce's regulations
concerning the extension of time limits and the Time Limits Final Rule
prior to submitting factual information in these investigations.\48\
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\47\ See 19 CFR 351.302.
\48\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\49\
Parties must use the certification formats provided in 19 CFR
351.303(g).\50\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\49\ See section 782(b) of the Act.
\50\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letter of
appearance). Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\51\
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\51\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: January 19, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The merchandise covered by these investigations is cold water
gas powered pressure washers (also commonly known as power washers),
which are machines that clean surfaces using water pressure that are
powered by an internal combustion engine, air-cooled with a power
take-off shaft, in combination with a positive displacement pump.
This combination of components (i.e., the internal combustion
engine, the power take-off shaft, and the positive displacement
pump) is defined as the ``power unit.'' The scope of these
investigations covers cold water gas powered pressure washers,
whether finished or unfinished, whether assembled or unassembled,
and whether or not containing any additional parts or accessories to
assist in the function of the ``power unit,'' including, but not
limited to, spray guns, hoses, lances, and nozzles. The scope of
these investigations covers cold water gas powered pressure washers,
whether or not assembled or packaged with a frame, cart, or trolley,
with or without wheels attached.
For purposes of these investigations, an unfinished and/or
unassembled cold water gas powered pressure washer consists of, at a
minimum, the power unit or components of the power unit, packaged or
imported together. Importation of the power unit whether or not
accompanied by, or attached to, additional components including, but
not limited to a frame, spray guns, hoses, lances, and nozzles
constitutes an unfinished cold water gas powered pressure washer for
purposes of this scope. The inclusion in a third country of any
components other than the power unit does not remove the cold water
gas powered pressure washer from the scope. A cold water gas powered
pressure washer is within the scope of these investigations
regardless of the origin of its engine. Subject merchandise also
includes finished and unfinished cold water gas powered pressure
washers that are further processed in a third country or in the
United States, including, but not limited to, assembly or any other
processing that would not otherwise remove the merchandise from the
scope of these investigations if performed in the country of
manufacture of the in-scope cold water gas powered pressure washers.
The scope excludes hot water gas powered pressure washers, which
are pressure washers that include a heating element used to heat the
water sprayed from the machine.
Also specifically excluded from the scope of these
investigations is merchandise covered by the scope of the
antidumping and countervailing duty orders on certain vertical shaft
engines between 99cc and Up to 225cc, and parts thereof from the
People's Republic of China. See Certain Vertical Shaft Engines
Between 99 cc and Up to 225cc, and Parts Thereof from the People's
Republic of China: Antidumping and Countervailing Duty Orders, 86 FR
023675 (May 4, 2021).
The cold water gas powered pressure washers subject to these
investigations are classified in the Harmonized Tariff Schedule of
the United States (HTSUS) at subheadings 8424.30.9000 and
8424.90.9040. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
scope is dispositive.
[FR Doc. 2023-01477 Filed 1-24-23; 8:45 am]
BILLING CODE 3510-DS-P
