Gas Powered Pressure Washers From the People's Republic of China: Initiation of Countervailing Duty Investigation, 4812-4816 [2023-01478]
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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
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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).
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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).
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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
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petitioner filed timely responses to
these requests for additional
information.4 On January 11, 2023,
Commerce held a teleconference with
the petitioner to address the General
Issues Supplement and additionally
issue a second supplemental
questionnaire.5 On January 12, 2023, the
petitioner filed a timely response to the
supplemental questionnaire.6
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of China (GOC) is
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to producers of
pressure washers in China and that such
imports are materially injuring, or
threatening material injury to, the
domestic industry producing in the
United States. Consistent with section
702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs
on which we are initiating a CVD
investigation, the Petition is supported
by information reasonably available to
the petitioner.
Commerce finds that the petitioner
filed the Petition 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 with respect to the initiation of
the requested CVD investigation.7
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Period of Investigation
Because the Petition was filed on
December 30, 2022, the period of
investigation (POI) is January 1, 2021,
through December 31, 2021.8
China, and the Socialist Republic of Vietnam:
Supplemental Questions,’’ dated January 4, 2023
(General Issues Supplemental Questionnaire); see
also Memorandum, ‘‘Phone Call with Counsel to the
Petitioner,’’ dated January 11, 2023 (General Issues
Memorandum).
4 See Petitioner’s Letters, ‘‘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: Supplemental Questionnaire
Response—China CVD,’’ dated January 10, 2023.
5 See Commerce’s Memo, ‘‘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: Phone Call with
Counsel to the Petitioner,’’ dated January 11, 2023.
6 See Petitioner’s Letters, ‘‘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).
7 See ‘‘Determination of Industry Support for the
Petition’’ section, infra.
8 See 19 CFR 351.204(b)(2).
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Scope of the Investigation
The product covered by this
investigation is pressure washers from
China. For a full description of the
scope of this investigation, see the
appendix to this notice.
Comments on the Scope of the
Investigation
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.9 On January
10, 2023, the petitioner revised the
scope language.10 The description of
merchandise covered by this
investigation, 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).11 Commerce will consider
all comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determination. If scope comments
include factual information, all such
factual information should be limited to
public information.12 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.13
Commerce requests that any factual
information that the parties consider
relevant to the scope of the investigation
be submitted during this time period.
However, if a party subsequently finds
9 See
General Issues Supplemental Questionnaire.
First General Issues Supplement at 1–5 and
Exhibit Supp I–3.
11 See Antidumping Duties; Countervailing
Duties, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
12 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
13 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).
10 See
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4813
that additional factual information
pertaining to the scope of the
investigation may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All scope comments must
also be filed on the record of the
concurrent AD 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.14 An
electronically filed document must be
received successfully in its entirety by
the time and date it is due.
Consultations
Pursuant to sections 702(b)(4)(A)(i)
and (ii) of the Act, Commerce notified
the GOC of the receipt of the Petition
and provided it an opportunity for
consultations with respect to the
Petition.15 However, the GOC did not
request consultations.
Determination of Industry Support for
the Petition
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(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 702(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
14 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 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.
15 See Commerce’s Letter, ‘‘Invitation for
Consultations to Discuss the Countervailing Duty
Petition,’’ dated January 12, 2023.
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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,16 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.17
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
investigation.18 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.19
16 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)).
18 See Petition 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.
19 For a discussion of the domestic like product
analysis as applied to this case and information
regarding industry support, see Countervailing Duty
Investigation Initiation Checklist: Gas Powered
Pressure Washers from the People’s Republic of
China (China CVD Initiation Checklist) 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
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17 See
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In determining whether the petitioner
has standing under section 702(c)(4)(A)
of the Act, we considered the industry
support data contained in the Petition
with reference to the domestic like
product as defined in the ‘‘Scope of the
Investigation,’’ in the appendix to this
notice. To establish industry support,
the petitioner provided its own
production in 2021 and compared this
to the estimated total 2021 production
of the domestic like product for the
entire U.S. pressure washers industry.20
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.21 We
relied on data provided by the petitioner
for purposes of measuring industry
support.22
Our review of the data provided in the
Petition, 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 Petition.23 First,
the Petition 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).24 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petition
account for at least 25 percent of the
total production of the domestic like
Republic of Vietnam (Attachment II). This checklist
is dated concurrently with this notice and on file
electronically via ACCESS.
20 See Petition 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
Supp I–7; and Second General Issues Supplement
at 1 and 2 and Exhibit S2 I–1.
21 See Petition 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
Supp I–7; and Second General Issues Supplement
at 1 and 2 and Exhibit S2 I–1.
22 See Petition 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 2 and
Exhibit S2 I–2. For further discussion, see
Attachment II of the China CVD Initiation Checklist.
23 See Petition at Volume I (pages I–3 through I–
4 and Exhibits I–1 through I–2); see also General
Issues Supplement at 5–9 and Exhibits Supp I–4
through Supp I–7; and Second General Issues
Supplement at 2 and Exhibit S2 I–2. For further
discussion, see Attachment II of the China CVD
Initiation Checklist.
24 See Attachment II of China CVD Initiation
Checklist; see also section 702(c)(4)(D) of the Act.
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product.25 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petition
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 Petition.26 Accordingly, Commerce
determines that the Petition was filed on
behalf of the domestic industry within
the meaning of section 702(b)(1) of the
Act.27
Injury Test
Because China is a ‘‘Subsidies
Agreement Country’’ within the
meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to
this investigation. Accordingly, the ITC
must determine whether imports of the
subject merchandise from China
materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that imports of
the subject merchandise are benefitting
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. In addition, the petitioner
alleges that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.28
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
industry’s production, capacity
utilization, U.S. shipments, and
employment variables; declining
operating income; and lost sales and
revenues.29 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.30
25 See Attachment II of the China CVD Initiation
Checklist.
26 Id.
27 Id.
28 See Petition at Volume I (pages I–19 through I–
20 and Exhibit I–8).
29 See Petition at Volume I (pages I–14, 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.
30 See China CVD Initiation Checklist at
Attachment III, Analysis of Allegations and
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Initiation of CVD Investigation
Based upon the examination of the
Petition and supplemental responses,
we find that they meet the requirements
of section 702 of the Act. Therefore, we
are initiating a CVD investigation to
determine whether imports of pressure
washers from China benefit from
countervailable subsidies conferred by
the GOC. Based on our review of the
Petition, we find that there is sufficient
information to initiate a CVD
investigation on 15 of the 17 alleged
programs. For a full discussion of the
basis for our decision to initiate on each
program, see the China CVD Initiation
Checklist. A public version of the
initiation checklist for this investigation
is available on ACCESS. In accordance
with section 703(b)(1) of the Act and 19
CFR 351.205(b)(1), unless postponed,
we will make our preliminary
determination no later than 65 days
after the date of this initiation.
cannot individually examine each
company based upon Commerce’s
resources, where appropriate,
Commerce intends to select mandatory
respondents based on the responses to
the Q&V questionnaire that it receives.
Respondent Selection
The petitioner named 27 companies
in China as producers and/or exporters
of pressure washers.31 Commerce
normally selects respondents in a CVD
investigation using U.S. Customs and
Border Protection (CBP) entry data.
However, for this investigation, the
Harmonized Tariff Schedule of the
United States (HTSUS) numbers for the
subject merchandise would enter under
are basket categories containing many
products unrelated to pressure washers,
and the HTSUS numbers allow for the
reporting of differing units of quantity.
Therefore, we cannot rely on CBP entry
data in selecting respondents. Instead,
for this investigation, Commerce will
request quantity and value (Q&V)
information from known exporters and
producers identified, with complete
contact information, in the Petition. In
addition, Commerce will post the Q&V
questionnaire along with filing
instructions on the Enforcement &
Compliance website at https://
www.trade.gov/enforcement/news.asp.
Producers/exporters of pressure
washers from China who do not receive
Q&V questionnaires by mail may still
submit a response to the Q&V
questionnaire and can obtain a copy
from the Enforcement & Compliance
website. All Q&V responses must be
filed electronically via ACCESS. In the
event that Commerce determines that
the number of companies is large and it
The ITC will preliminarily determine,
within 45 days after the date on which
the Petition was filed, whether there is
a reasonable indication that imports of
pressure washers from China are
materially injuring, or threatening
material injury to, a U.S. industry.32 A
negative ITC determination will result
in the investigation being terminated.33
Otherwise, this CVD investigation will
proceed according to statutory and
regulatory time limits.
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 (Attachment III).
31 See Petition at Volume I (Exhibit I–9).
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Distribution of Copies of the Petition
In accordance with section
702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petition has been provided to the
GOC via ACCESS. To the extent
practicable, we will attempt to provide
a copy of the public version of the CVD
Petition to each exporter named in the
CVD Petition, as provided under 19 CFR
351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its
initiation, as required by section 702(d)
of the Act.
Preliminary Determination by the ITC
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 34 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.35 Time limits for the
submission of factual information are
32 See
section 703(a)(1) of the Act.
33 Id.
34 See
35 See
PO 00000
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
Frm 00017
Fmt 4703
Sfmt 4703
4815
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 this
investigation.
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,
or as otherwise specified by
Commerce.36 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 untimely for submissions
which are due from multiple parties
simultaneously. In such a case,
Commerce 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, stand-alone
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 this
investigation.37
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.38
Parties must use the certification
formats provided in 19 CFR
351.303(g).39 Commerce intends to
reject factual submissions if the
submitting party does not comply with
36 See
19 CFR 351.302.
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.
38 See section 782(b) of the Act.
39 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
37 See
E:\FR\FM\25JAN1.SGM
25JAN1
4816
Federal Register / Vol. 88, No. 16 / Wednesday, January 25, 2023 / Notices
the applicable certification
requirements.
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 this
investigation should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letters of appearance). Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.40
This notice is issued and published
pursuant to sections 702 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.
lotter on DSK11XQN23PROD with NOTICES1
Appendix
Scope of the Investigation
The merchandise covered by this
investigation is gas powered pressure
washers (also commonly known as pressure
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 the investigation 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 the
investigation 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 this investigation, 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 gas powered pressure washer is
within the scope of this investigation
regardless of the origin of its engine. Subject
40 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
merchandise also includes finished and
unfinished 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 this
investigation 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 this investigation 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 this investigation 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. 2023–01478 Filed 1–24–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
National Advanced Spectrum and
Communications Test Network:
Citizens Broadband Radio Service
Sharing Ecosystem Assessment Test
Plan Community Outreach
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
The National Advanced
Spectrum and Communications Test
Network (NASCTN) is hosting a public
meeting on NASCTN’s test plan for
collecting emissions in the Citizen
Broadband Radio Service (CBRS) band
in ‘Always On’ Dynamic Protection
Areas (DPAs), on February 22, 2023,
from 10:00 a.m.–12:00 p.m. Mountain
Standard Time. The purpose of this
meeting is to brief federal, industry, and
academic stakeholders and interested
parties from the public on the details
and approach to collecting emissions in
the CBRS band for one of the three main
tasks of the NASCTN CBRS Sharing
Ecosystem Assessment (SEA) project.
DATES: The NASCTN meeting on the
CBRS SEA Project Aggregate Emissions
SUMMARY:
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
in Always-On DPA test plan will take
place February 22, 2023 from 10:00
a.m.–12:00 p.m. Mountain Standard
Time.
The meeting will be held
both in-person at the NIST campus at
325 Broadway Street, Boulder, CO
80305 and via web conference. For
instructions on how to participate in the
meeting, please see the SUPPLEMENTARY
INFORMATION section of this notice.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Keith Hartley at keith.hartley@nist.gov
or 719.572.8256.
The
NASCTN CBRS SEA project seeks to
provide data-driven insight into the
CBRS sharing ecosystem’s effectiveness
between CBRS and DoD systems, and to
track changes in the spectrum
environment over time via three
primary tasks: (1) Measure Aggregate
Emissions in the CBRS Band in Coastal
DPAs, (2) Measure Aggregate Emissions
in Always-On DPA, and (3) Evaluate
Environmental Sensing Capacity (ESC)
performance in the Field.
NASCTN is hosting a public meeting
on the CBRS SEA project’s Measure
Aggregate Emissions in Always-On DPA
test plan on February 22, 2023 from
10:00 a.m.–12:00 p.m. Mountain
Standard Time. The purpose of this
meeting is to brief federal, industry, and
academic stakeholders and interested
parties from the public on the details
and approach to collecting emissions in
the CBRS band for task 2 of the three
main tasks of the NASCTN CBRS SEA
project.
Approximately 30 minutes will be
allocated for public comments and
questions with speaking times assigned
on a first-come, first-served basis. Public
comments can be provided via inperson attendance, web conference
attendance, or via email. The amount of
time per speaker will be determined by
the number of requests received.
Speakers who wish to expand upon
their questions or statements, those who
wish to speak but cannot be
accommodated during the meeting, and
those who are unable to attend are
invited to submit written statements by
email to keith.hartley@nist.gov. Please
note that all submitted comments will
be treated as public documents.
Anyone wishing to attend this
meeting in-person or via web conference
must register by 5:00 p.m. Mountain
Standard Time, February 15, 2023.
Please submit your full name, email
address, and phone number to Keith
Hartley at keith.hartley@nist.gov.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\25JAN1.SGM
25JAN1
]]>Agencies
[Federal Register Volume 88, Number 16 (Wednesday, January 25, 2023)]
[Notices]
[Pages 4812-4816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01478]
-----------------------------------------------------------------------
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
AGENCY: 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:
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
On January 4, 2023, Commerce requested supplemental information
pertaining to certain aspects of the Petition.\3\ On January 10, 2023,
the
[[Page 4813]]
petitioner filed timely responses to these requests for additional
information.\4\ On January 11, 2023, Commerce held a teleconference
with the petitioner to address the General Issues Supplement and
additionally issue a second supplemental questionnaire.\5\ On January
12, 2023, the petitioner filed a timely response to the supplemental
questionnaire.\6\
---------------------------------------------------------------------------
\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 China, and the Socialist Republic of
Vietnam: Supplemental Questions,'' dated January 4, 2023 (General
Issues Supplemental Questionnaire); see also Memorandum, ``Phone
Call with Counsel to the Petitioner,'' dated January 11, 2023
(General Issues Memorandum).
\4\ See Petitioner's Letters, ``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: Supplemental Questionnaire Response--
China CVD,'' dated January 10, 2023.
\5\ See Commerce's Memo, ``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: Phone Call with Counsel to the
Petitioner,'' dated January 11, 2023.
\6\ See Petitioner's Letters, ``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 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of China
(GOC) is providing countervailable subsidies, within the meaning of
sections 701 and 771(5) of the Act, to producers of pressure washers in
China and that such imports are materially injuring, or threatening
material injury to, the domestic industry producing in the United
States. Consistent with section 702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs on which we are initiating a CVD
investigation, the Petition is supported by information reasonably
available to the petitioner.
Commerce finds that the petitioner filed the Petition 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 with respect to the
initiation of the requested CVD investigation.\7\
---------------------------------------------------------------------------
\7\ See ``Determination of Industry Support for the Petition''
section, infra.
---------------------------------------------------------------------------
Period of Investigation
Because the Petition was filed on December 30, 2022, the period of
investigation (POI) is January 1, 2021, through December 31, 2021.\8\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is pressure washers from
China. For a full description of the scope of this investigation, see
the appendix to this notice.
Comments on the Scope of the Investigation
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.\9\ On January 10, 2023,
the petitioner revised the scope language.\10\ The description of
merchandise covered by this investigation, as described in the appendix
to this notice, reflects these clarifications.
---------------------------------------------------------------------------
\9\ See General Issues Supplemental Questionnaire.
\10\ 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).\11\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determination. If scope comments include factual information, all such
factual information should be limited to public information.\12\ 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.\13\
---------------------------------------------------------------------------
\11\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble).
\12\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\13\ 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 the parties
consider relevant to the scope of the investigation be submitted during
this time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party may contact Commerce and
request permission to submit the additional information. All scope
comments must also be filed on the record of the concurrent AD
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.\14\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\14\ 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 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.
---------------------------------------------------------------------------
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOC of the receipt of the Petition and provided it an
opportunity for consultations with respect to the Petition.\15\
However, the GOC did not request consultations.
---------------------------------------------------------------------------
\15\ See Commerce's Letter, ``Invitation for Consultations to
Discuss the Countervailing Duty Petition,'' dated January 12, 2023.
---------------------------------------------------------------------------
Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(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 702(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
[[Page 4814]]
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,\16\ 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.\17\
---------------------------------------------------------------------------
\16\ See section 771(10) of the Act.
\17\ 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)).
---------------------------------------------------------------------------
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 investigation.\18\ 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.\19\
---------------------------------------------------------------------------
\18\ See Petition 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.
\19\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Countervailing Duty Investigation Initiation Checklist: Gas Powered
Pressure Washers from the People's Republic of China (China CVD
Initiation Checklist) 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 (Attachment II). This checklist is
dated concurrently with this notice and on file electronically via
ACCESS.
---------------------------------------------------------------------------
In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
own production in 2021 and compared this to the estimated total 2021
production of the domestic like product for the entire U.S. pressure
washers industry.\20\ 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.\21\ We relied on data provided by the petitioner for
purposes of measuring industry support.\22\
---------------------------------------------------------------------------
\20\ See Petition 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 Supp I-7; and Second General Issues Supplement at 1
and 2 and Exhibit S2 I-1.
\21\ See Petition 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 Supp I-7; and Second General Issues Supplement at 1
and 2 and Exhibit S2 I-1.
\22\ See Petition 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 2
and Exhibit S2 I-2. For further discussion, see Attachment II of the
China CVD Initiation Checklist.
---------------------------------------------------------------------------
Our review of the data provided in the Petition, 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 Petition.\23\ First, the
Petition 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).\24\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 702(c)(4)(A)(i)
of the Act because the domestic producers (or workers) who support the
Petition account for at least 25 percent of the total production of the
domestic like product.\25\ Finally, the domestic producers (or workers)
have met the statutory criteria for industry support under section
702(c)(4)(A)(ii) of the Act because the domestic producers (or workers)
who support the Petition 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 Petition.\26\
Accordingly, Commerce determines that the Petition was filed on behalf
of the domestic industry within the meaning of section 702(b)(1) of the
Act.\27\
---------------------------------------------------------------------------
\23\ See Petition at Volume I (pages I-3 through I-4 and
Exhibits I-1 through I-2); see also General Issues Supplement at 5-9
and Exhibits Supp I-4 through Supp I-7; and Second General Issues
Supplement at 2 and Exhibit S2 I-2. For further discussion, see
Attachment II of the China CVD Initiation Checklist.
\24\ See Attachment II of China CVD Initiation Checklist; see
also section 702(c)(4)(D) of the Act.
\25\ See Attachment II of the China CVD Initiation Checklist.
\26\ Id.
\27\ Id.
---------------------------------------------------------------------------
Injury Test
Because China is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from China materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\28\
---------------------------------------------------------------------------
\28\ See Petition at Volume I (pages I-19 through I-20 and
Exhibit I-8).
---------------------------------------------------------------------------
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 industry's production, capacity utilization,
U.S. shipments, and employment variables; declining operating income;
and lost sales and revenues.\29\ 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.\30\
---------------------------------------------------------------------------
\29\ See Petition at Volume I (pages I-14, 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.
\30\ See China CVD Initiation Checklist 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 (Attachment III).
---------------------------------------------------------------------------
[[Page 4815]]
Initiation of CVD Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating a CVD investigation to determine
whether imports of pressure washers from China benefit from
countervailable subsidies conferred by the GOC. Based on our review of
the Petition, we find that there is sufficient information to initiate
a CVD investigation on 15 of the 17 alleged programs. For a full
discussion of the basis for our decision to initiate on each program,
see the China CVD Initiation Checklist. A public version of the
initiation checklist for this investigation is available on ACCESS. In
accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1),
unless postponed, we will make our preliminary determination no later
than 65 days after the date of this initiation.
Respondent Selection
The petitioner named 27 companies in China as producers and/or
exporters of pressure washers.\31\ Commerce normally selects
respondents in a CVD investigation using U.S. Customs and Border
Protection (CBP) entry data. However, for this investigation, the
Harmonized Tariff Schedule of the United States (HTSUS) numbers for the
subject merchandise would enter under are basket categories containing
many products unrelated to pressure washers, and the HTSUS numbers
allow for the reporting of differing units of quantity. Therefore, we
cannot rely on CBP entry data in selecting respondents. Instead, for
this investigation, Commerce will request quantity and value (Q&V)
information from known exporters and producers identified, with
complete contact information, in the Petition. In addition, Commerce
will post the Q&V questionnaire along with filing instructions on the
Enforcement & Compliance website at https://www.trade.gov/enforcement/news.asp.
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\31\ See Petition at Volume I (Exhibit I-9).
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Producers/exporters of pressure washers from China who do not
receive Q&V questionnaires by mail may still submit a response to the
Q&V questionnaire and can obtain a copy from the Enforcement &
Compliance website. All Q&V responses must be filed electronically via
ACCESS. In the event that Commerce determines that the number of
companies is large and it cannot individually examine each company
based upon Commerce's resources, where appropriate, Commerce intends to
select mandatory respondents based on the responses to the Q&V
questionnaire that it receives.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the GOC via ACCESS. To the extent practicable, we will
attempt to provide a copy of the public version of the CVD Petition to
each exporter named in the CVD Petition, as provided under 19 CFR
351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of pressure washers from China are materially
injuring, or threatening material injury to, a U.S. industry.\32\ A
negative ITC determination will result in the investigation being
terminated.\33\ Otherwise, this CVD investigation will proceed
according to statutory and regulatory time limits.
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\32\ See section 703(a)(1) of the Act.
\33\ 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 \34\ 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.\35\ 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 this investigation.
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\34\ See 19 CFR 351.301(b).
\35\ 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, or as otherwise specified by
Commerce.\36\ 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 untimely for submissions which
are due from multiple parties simultaneously. In such a case, Commerce
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, stand-alone 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 this investigation.\37\
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\36\ See 19 CFR 351.302.
\37\ 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.\38\
Parties must use the certification formats provided in 19 CFR
351.303(g).\39\ Commerce intends to reject factual submissions if the
submitting party does not comply with
[[Page 4816]]
the applicable certification requirements.
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\38\ See section 782(b) of the Act.
\39\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, 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 this investigation should ensure that they meet the requirements of
19 CFR 351.103(d) (e.g., by filing the required letters of appearance).
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information,
until further notice.\40\
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\40\ 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 702 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 Investigation
The merchandise covered by this investigation is gas powered
pressure washers (also commonly known as pressure 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 the
investigation 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 the
investigation 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 this investigation, 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 gas powered pressure
washer is within the scope of this investigation regardless of the
origin of its engine. Subject merchandise also includes finished and
unfinished 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 this
investigation 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 this investigation
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 this
investigation 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. 2023-01478 Filed 1-24-23; 8:45 am]
BILLING CODE 3510-DS-P
