Gas Powered Pressure Washers From the People's Republic of China: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation, 31677-31678 [2023-10579]

Download as PDF Federal Register / Vol. 88, No. 96 / Thursday, May 18, 2023 / Notices lotter on DSK11XQN23PROD with NOTICES1 shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. Pursuant to 19 CFR 351.212(b)(1), Electrolux reported the entered value of its U.S. sales such that we calculated importer-specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the examined sales to the total entered value of the sales for which entered value was reported. Where the respondent’s weighted-average dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. Commerce’s ‘‘automatic assessment’’ practice will apply to entries of subject merchandise during the POR produced by Electrolux for which the company did not know that the merchandise it sold to the intermediary (e.g., a reseller, trading company, or exporter) was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the allothers rate of 36.52 percent 7 if there is no rate for the intermediate company(ies) involved in the transaction.8 Commerce intends to issue liquidation instructions to CBP no earlier than 41 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the exporter listed above will be equal to the weightedaverage dumping margin established in the final results of this review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be 7 See Order. a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 8 For VerDate Sep<11>2014 19:05 May 17, 2023 Jkt 259001 31677 zero; (2) for companies not participating in this review, the cash deposit rate will continue to be the company-specific cash deposit rate published for the most recently completed segment; (3) if the exporter is not a firm covered in this review, or the original less-than-fairvalue (LTFV) investigation, but the producer is, then the cash deposit rate will be the cash deposit rate established for the most recently completed segment for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 36.52 percent, the all-others rate established in the LTFV investigation.9 These cash deposit requirements, when imposed, shall remain in effect until further notice. III. Changes Since the Preliminary Results IV. Discussion of the Issue Comment: Error in the Market Economy (ME) Macros Program V. Recommendation 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 duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. AGENCY: Administrative Protective Order This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: May 11, 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 9 See PO 00000 Order. Frm 00009 Fmt 4703 Sfmt 4703 [FR Doc. 2023–10578 Filed 5–17–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–148] Gas Powered Pressure Washers From the People’s Republic of China: Postponement of Preliminary Determination in the Less-Than-FairValue Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable May 18, 2023. FOR FURTHER INFORMATION CONTACT: Hermes Pinilla, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3477. SUPPLEMENTARY INFORMATION: Background On January 19, 2023, the U.S. Department of Commerce (Commerce) initiated the less-than-fair-value investigation (LTFV) of gas powered pressure washers from the People’s Republic of China.1 Currently, the preliminary determination is due no later than June 8, 2023. Postponement of Preliminary Determination Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act) requires Commerce to issue the preliminary determination in an LTFV investigation within 140 days of the date on which Commerce initiated the investigation. However, section 733(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 190 days after the date on which Commerce initiated the investigation if: (A) the petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a 1 See Gas Powered Pressure Washers from the People’s Republic of China and the Socialist Republic of Vietnam: Initiation of Less-Than-FairValue Investigations, 88 FR 4807 (January 25, 2023). E:\FR\FM\18MYN1.SGM 18MYN1 31678 Federal Register / Vol. 88, No. 96 / Thursday, May 18, 2023 / Notices request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request. On April 24, 2023, FNA Group, Inc. (the petitioner) submitted a timely request that Commerce postpone the preliminary determination in this LTFV investigation.2 The petitioner stated that it requests postponement due to concerns that Commerce will need more time to issue supplemental questionnaires to address deficiencies in the respondents’ initial questionnaire responses. Under the current timeline, the petitioner believes that Commerce will not have complete responses and sufficient information to prepare and issue the preliminary determination.3 For the reasons stated above, and because there are no compelling reasons to deny the request, Commerce, in accordance with section 733(c)(1)(A) of the Act and 19 CFR 351.205(e), is postponing the deadline for this preliminary determination by 50 days (i.e., 190 days after the date on which these investigations were initiated). As a result, Commerce will issue its preliminary determination no later than July 28, 2023. In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination in this investigation will continue to be 75 days after the date of the preliminary determination, unless postponed at a later date. Notification to Interested Parties This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: May 11, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–10579 Filed 5–17–23; 8:45 am] lotter on DSK11XQN23PROD with NOTICES1 BILLING CODE 3510–DS–P 2 See Petitioner’ Letter, ‘‘Gas Powered Pressure Washers from the People’s Republic of China: Request for Postponement of the Preliminary Determination,’’ dated April 24, 2023. 3 Id. VerDate Sep<11>2014 19:05 May 17, 2023 Jkt 259001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XC954] Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to SouthCoast Wind Energy, LLC’s Marine Site Characterization Surveys Off Massachusetts and Rhode Island National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of an incidental harassment authorization. AGENCY: In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to SouthCoast Wind Energy, LLC (SouthCoast Wind; formerly known as Mayflower Wind Energy, LLC) to incidentally harass marine mammals during marine site characterization surveys off Massachusetts and Rhode Island. SUMMARY: This Authorization is effective from May 12, 2023 through May 11, 2024. DATES: FOR FURTHER INFORMATION CONTACT: Kelsey Potlock, Office of Protected Resources, NMFS, (301) 427–8401. Electronic copies of the original application and supporting documents (including NMFS Federal Register notices of the original proposed and final authorizations, and the previous IHA), as well as a list of the references cited in this document, may be obtained online at: https:// www.fisheries.noaa.gov/permit/ incidental-take-authorizations-undermarine-mammal-protection-act. In case of problems accessing these documents, please call the contact listed above. SUPPLEMENTARY INFORMATION: Background The MMPA prohibits the ‘‘take’’ of marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 issued or, if the taking is limited to harassment, a notice of a proposed incidental take authorization may be provided to the public for review. Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses (where relevant). Further, NMFS must prescribe the permissible methods of taking and other ‘‘means of effecting the least practicable adverse impact’’ on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stocks for taking for certain subsistence uses (referred to in shorthand as ‘‘mitigation’’); and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. The definitions of all applicable MMPA statutory terms cited above are included in the relevant sections below. Summary of Request On October 23, 2020, NMFS received a request from SouthCoast Wind seeking authorization to take marine mammals incidental to high-resolution geophysical site characterization surveys (HRG) off Massachusetts and Rhode Island in the area of Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf Lease Area OCS–A–0521. Within this request, the applicant had requested authorization to harass (by Level B harassment only) up to 14 species of marine mammals (comprising 13 cetacean species and 1 collective pinniped guild). NMFS published notice of the proposed IHA in the Federal Register on March 1, 2021 (86 FR 11930). Following publication of the proposed IHA notice, SouthCoast Wind adjusted the proposed survey routes and submitted a modified IHA application to NMFS on April 19, 2021. Based on this modified application, an updated notice of proposed IHA was published in the Federal Register on May 20, 2021 (86 FR 27393). NMFS subsequently issued an IHA that was effective for a period of 1 year, from July 1, 2021 through June 30, 2022 (86 FR 38033, July 19, 2021). On November 16, 2022, SouthCoast Wind submitted an application for a renewal IHA in order to complete the remaining subset of the planned survey activity that could not be completed under the 2021 IHA. This request was for the take of small numbers of 15 E:\FR\FM\18MYN1.SGM 18MYN1

Agencies

[Federal Register Volume 88, Number 96 (Thursday, May 18, 2023)]
[Notices]
[Pages 31677-31678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10579]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-148]


Gas Powered Pressure Washers From the People's Republic of China: 
Postponement of Preliminary Determination in the Less-Than-Fair-Value 
Investigation

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

DATES: Applicable May 18, 2023.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla, AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-3477.

SUPPLEMENTARY INFORMATION:

Background

    On January 19, 2023, the U.S. Department of Commerce (Commerce) 
initiated the less-than-fair-value investigation (LTFV) of gas powered 
pressure washers from the People's Republic of China.\1\ Currently, the 
preliminary determination is due no later than June 8, 2023.
---------------------------------------------------------------------------

    \1\ See Gas Powered Pressure Washers from the People's Republic 
of China and the Socialist Republic of Vietnam: Initiation of Less-
Than-Fair-Value Investigations, 88 FR 4807 (January 25, 2023).
---------------------------------------------------------------------------

Postponement of Preliminary Determination

    Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the 
Act) requires Commerce to issue the preliminary determination in an 
LTFV investigation within 140 days of the date on which Commerce 
initiated the investigation. However, section 733(c)(1) of the Act 
permits Commerce to postpone the preliminary determination until no 
later than 190 days after the date on which Commerce initiated the 
investigation if: (A) the petitioner makes a timely request for a 
postponement; or (B) Commerce concludes that the parties concerned are 
cooperating, that the investigation is extraordinarily complicated, and 
that additional time is necessary to make a preliminary determination. 
Under 19 CFR 351.205(e), the petitioner must submit a

[[Page 31678]]

request for postponement 25 days or more before the scheduled date of 
the preliminary determination and must state the reasons for the 
request. Commerce will grant the request unless it finds compelling 
reasons to deny the request.
    On April 24, 2023, FNA Group, Inc. (the petitioner) submitted a 
timely request that Commerce postpone the preliminary determination in 
this LTFV investigation.\2\ The petitioner stated that it requests 
postponement due to concerns that Commerce will need more time to issue 
supplemental questionnaires to address deficiencies in the respondents' 
initial questionnaire responses. Under the current timeline, the 
petitioner believes that Commerce will not have complete responses and 
sufficient information to prepare and issue the preliminary 
determination.\3\
---------------------------------------------------------------------------

    \2\ See Petitioner' Letter, ``Gas Powered Pressure Washers from 
the People's Republic of China: Request for Postponement of the 
Preliminary Determination,'' dated April 24, 2023.
    \3\ Id.
---------------------------------------------------------------------------

    For the reasons stated above, and because there are no compelling 
reasons to deny the request, Commerce, in accordance with section 
733(c)(1)(A) of the Act and 19 CFR 351.205(e), is postponing the 
deadline for this preliminary determination by 50 days (i.e., 190 days 
after the date on which these investigations were initiated). As a 
result, Commerce will issue its preliminary determination no later than 
July 28, 2023. In accordance with section 735(a)(1) of the Act and 19 
CFR 351.210(b)(1), the deadline for the final determination in this 
investigation will continue to be 75 days after the date of the 
preliminary determination, unless postponed at a later date.

Notification to Interested Parties

    This notice is issued and published pursuant to section 733(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: May 11, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-10579 Filed 5-17-23; 8:45 am]
BILLING CODE 3510-DS-P

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