Gas Powered Pressure Washers From the People's Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation, 15672-15673 [2023-05195]

Download as PDF 15672 Federal Register / Vol. 88, No. 49 / Tuesday, March 14, 2023 / Notices the basis of the ratio of the total amount of antidumping duties calculated for each importer’s examined sales and the total entered value of the sales, in accordance with 19 CFR 351.212(b)(1).6 Cash Deposit Requirements The following cash deposit requirements will be effective for shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of review, as provided for by section 751(a)(2)(C) of the Act: (1) for the exporter listed in the table above, the cash deposit rate will be the rate established in the final results of review that is listed for the exporter in the table; (2) for previously investigated or reviewed China and non-China exporters not listed in the table above that have separate rates, the cash deposit rate will continue to be the existing exporter-specific rate published for the most recent period; (3) for all China exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the rate previously established for the China-wide entity, which is 264.64 percent; and (4) for all non-China exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the China exporter that supplied that non-China exporter. The cash deposit requirements, when imposed, shall remain in effect until further notice. ddrumheller on DSK120RN23PROD with NOTICES1 Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant POR entries. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of doubled antidumping duties, and/or an increase in the amount of antidumping duties by the amount of the countervailing duties. Administrative Protective Order This notice also serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under an APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business 6 Id. VerDate Sep<11>2014 21:09 Mar 13, 2023 Jkt 259001 proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties Background On January 25, 2023, the U.S. Department of Commerce (Commerce) initiated a countervailing duty (CVD) investigation of imports of gas powered pressure washers from the People’s Republic of China (China).1 Currently, the preliminary determination is due no later than March 27, 2023. Gas Powered Pressure Washers From the People’s Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation Postponement of Preliminary Determination Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in a CVD investigation within 65 days after the date on which Commerce initiated the investigation. However, if Commerce concludes that the parties concerned in the investigation are cooperating and determined the investigation is extraordinarily complicated, section 703(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 130 days after the date on which Commerce initiated the investigation. Commerce has determined that at least one respondent company involved in the proceeding is cooperating because it filed a request for an extension of time to respond to the Affiliated Companies portion of the Initial CVD Questionnaire,2 and that the investigation is extraordinarily complicated.3 Specifically, Commerce will require additional time to analyze the questionnaire responses and issue appropriate requests for clarification and additional information, particularly regarding questions of affiliation and cross-ownership and program use by the respondents (i.e., Chongqing Dajiang Power Equipment Co., Ltd. (CDPE) and Jiangsu Jianghuai Engine Co., Ltd. (JD Power)), as well as 703(c)(1)(B) of the Act, Commerce is postponing the due date for the preliminary determination of this investigation to 130 days after the date on which this investigation was initiated, i.e., May 30, 2023.4 Pursuant to section 705(a)(1) of the Act and 19 Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable March 14, 2023. FOR FURTHER INFORMATION CONTACT: Theodore Pearson or Konrad Ptaszynski, 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) 482–2631 or (202) 482–6187, respectively. SUPPLEMENTARY INFORMATION: 1 See Gas Powered Pressure Washers from the People’s Republic of China: Initiation of Countervailing Duty Investigation, 88 FR 4812 (January 25, 2023). 2 See JD Power’s Letter, ‘‘JD Power’s Affiliated Companies Questionnaire Response Extension Request,’’ dated March 6, 2023. 3 See section 703(b)(1) of the Act. 4 Postponing the preliminary determination to 130 days after initiation would place the deadline on Monday, May 29, 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. 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). We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5). Dated: March 8, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: Whether the Malaysian Surrogate Data Should Be Corrected Comment 2: Whether Romania Should Be Considered the Primary Surrogate Country Comment 3: Whether Turkey Should Be Considered the Primary Surrogate Country Comment 4: Whether Square/Rectangular Tubing Should Be Used as the Primary Input VI. Recommendation [FR Doc. 2023–05208 Filed 3–13–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–149] AGENCY: PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\14MRN1.SGM 14MRN1 Federal Register / Vol. 88, No. 49 / Tuesday, March 14, 2023 / Notices CFR 351.210(b)(1), the deadline for the final determination of this investigation will continue to be 75 days after the date of the preliminary determination. Notification to Interested Parties This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: March 8, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–05195 Filed 3–13–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–827] Certain Cased Pencils From the People’s Republic of China: Continuation of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the U.S. Department of Commerce (Commerce) and the International Trade Commission (ITC) in their five year (sunset) review that revocation of the antidumping duty (AD) order on certain cased pencils (pencils) from the People’s Republic of China (China) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD order on pencils from China. DATES: Applicable March 14, 2023. FOR FURTHER INFORMATION CONTACT: Katherine Johnson, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4929. SUPPLEMENTARY INFORMATION: ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: Background On December 28, 1994, Commerce published in the Federal Register the AD order on pencils from China.1 On August 1, 2022, the ITC instituted 2 and Commerce initiated 3 the fifth five-year 1 See Antidumping Duty Order: Certain Cased Pencils from the People’s Republic of China, 59 FR 66909 (December 28, 1994) (Order). 2 See Cased Pencils from China; Institution of a Five-Year Review, 87 FR 46998 (August 1, 2022). 3 See Initiation of Five-Year (Sunset) Reviews, 87 FR 46943 (August 1, 2022). VerDate Sep<11>2014 21:09 Mar 13, 2023 Jkt 259001 (sunset) review of the Order, pursuant to sections 751(c) and 752 of the Tariff Act of 1930, as amended (the Act). Commerce conducted an expedited (120-day) sunset review of the Order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of its review, Commerce determined that revocation of the Order would likely lead to a continuation or recurrence of dumping. Therefore, Commerce notified the ITC of the magnitude of the margin of dumping likely to prevail were the Order to be revoked.4 On March 8, 2023, the ITC published its determination, pursuant to sections 751(c) and 752(a) of the Act, that revocation of the Order would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.5 Scope of the Order The products covered by the sunset review of this Order are certain cased pencils of any shape or dimension (except as described below) which are writing and/or drawing instruments that feature cores of graphite or other materials, encased in wood and/or manmade materials, whether or not decorated and whether or not tipped (e.g., with erasers, etc.) in any fashion, and either sharpened or unsharpened. The pencils subject to this Order are currently classified under subheading 9609.10.00 of the Harmonized Tariff Schedules of the United States (HTSUS). Specifically excluded from the scope of this Order are mechanical pencils, cosmetic pencils, pens, noncased crayons (wax), pastels, charcoals, chalks, and pencils produced under U.S. patent number 6,217,242, from paper infused with scents by the means covered in the above-referenced patent, thereby having odors distinct from those that may emanate from pencils lacking the scent infusion. Also excluded from the scope of the Order are pencils with all of the following physical characteristics: (1) length: 13.5 or more inches; (2) sheath diameter: not less than one-and-one quarter inches at any point (before sharpening); and (3) core length: not more than 15 percent of the length of the pencil. In addition, pencils with all of the following physical characteristics are excluded from the scope of the order: novelty jumbo pencils that are octagonal in shape, approximately ten inches long, one inch in diameter before sharpening, and three-and-one eighth inches circumference, composed of turned wood encasing one-and-one half inches of sharpened lead on one end and a rubber eraser on the other end. Although the HTSUS subheading is provided for convenience and customs purposes; our written description of the scope of the Order is dispositive. Continuation of the Order As a result of the determinations by Commerce and the ITC that revocation of the Order would likely lead to a continuation or recurrence of dumping, and material injury to an industry in the United States, pursuant to sections 751(c) and 751(d)(2) of the Act, Commerce hereby orders the continuation of the Order. U.S. Customs and Border Protection will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the Order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate the next five-year review of this Order not later than 30 days prior to the fifth anniversary of the effective date of continuation. Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return/destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. This five-year (sunset) review and notice are in accordance with sections 751(c) and (d)(2), and 777(i)(1) the Act, and 19 CFR 351.218(f)(4). Dated: March 8, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–05169 Filed 3–13–23; 8:45 am] BILLING CODE 3510–DS–P 4 See Certain Cased Pencils from the People’s Republic of China: Final Results of the Expedited Fifth Sunset Review of the Antidumping Duty Order, 87 FR 71582 (November 23, 2022). 5 See Cased Pencils from China, 88 FR 14391 (March 8, 2023). PO 00000 Frm 00035 Fmt 4703 Sfmt 9990 15673 E:\FR\FM\14MRN1.SGM 14MRN1

Agencies

[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Notices]
[Pages 15672-15673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05195]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-149]


Gas Powered Pressure Washers From the People's Republic of China: 
Postponement of Preliminary Determination in the Countervailing Duty 
Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Applicable March 14, 2023.

FOR FURTHER INFORMATION CONTACT: Theodore Pearson or Konrad Ptaszynski, 
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) 482-2631 or (202) 
482-6187, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On January 25, 2023, the U.S. Department of Commerce (Commerce) 
initiated a countervailing duty (CVD) investigation of imports of gas 
powered pressure washers from the People's Republic of China 
(China).\1\ Currently, the preliminary determination is due no later 
than March 27, 2023.
---------------------------------------------------------------------------

    \1\ See Gas Powered Pressure Washers from the People's Republic 
of China: Initiation of Countervailing Duty Investigation, 88 FR 
4812 (January 25, 2023).
---------------------------------------------------------------------------

Postponement of Preliminary Determination

    Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), 
requires Commerce to issue the preliminary determination in a CVD 
investigation within 65 days after the date on which Commerce initiated 
the investigation. However, if Commerce concludes that the parties 
concerned in the investigation are cooperating and determined the 
investigation is extraordinarily complicated, section 703(c)(1) of the 
Act permits Commerce to postpone the preliminary determination until no 
later than 130 days after the date on which Commerce initiated the 
investigation.
    Commerce has determined that at least one respondent company 
involved in the proceeding is cooperating because it filed a request 
for an extension of time to respond to the Affiliated Companies portion 
of the Initial CVD Questionnaire,\2\ and that the investigation is 
extraordinarily complicated.\3\ Specifically, Commerce will require 
additional time to analyze the questionnaire responses and issue 
appropriate requests for clarification and additional information, 
particularly regarding questions of affiliation and cross-ownership and 
program use by the respondents (i.e., Chongqing Dajiang Power Equipment 
Co., Ltd. (CDPE) and Jiangsu Jianghuai Engine Co., Ltd. (JD Power)), as 
well as 703(c)(1)(B) of the Act, Commerce is postponing the due date 
for the preliminary determination of this investigation to 130 days 
after the date on which this investigation was initiated, i.e., May 30, 
2023.\4\ Pursuant to section 705(a)(1) of the Act and 19

[[Page 15673]]

CFR 351.210(b)(1), the deadline for the final determination of this 
investigation will continue to be 75 days after the date of the 
preliminary determination.
---------------------------------------------------------------------------

    \2\ See JD Power's Letter, ``JD Power's Affiliated Companies 
Questionnaire Response Extension Request,'' dated March 6, 2023.
    \3\ See section 703(b)(1) of the Act.
    \4\ Postponing the preliminary determination to 130 days after 
initiation would place the deadline on Monday, May 29, 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. 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).
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice is issued and published pursuant to section 703(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: March 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-05195 Filed 3-13-23; 8:45 am]
BILLING CODE 3510-DS-P

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