Gas Powered Pressure Washers From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination With Final Antidumping Duty Determination, 36531-36534 [2023-11875]
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Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Notices
We did not receive a substantive
response from any other interested party
in these proceedings, and no party
requested a hearing.
On March 23, 2023, Commerce
notified the U.S. International Trade
Commission that it did not receive an
adequate substantive response from
respondent interested parties.5 As a
result, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce
conducted expedited (120-day) sunset
reviews of these Orders.
36531
The U.S. Department of
Commerce (Commerce) preliminarily
Country
determines that countervailable
subsidies are being provided to
producers and exporters of gas-powered
India ............................................
42.39 pressure washers (pressure washers)
Indonesia ....................................
52.42 from the People’s Republic of China
Korea ..........................................
6.09 (China) during the period of
investigation, January 1, 2021, through
Administrative Protective Order
December 31, 2021. Interested parties
are invited to comment on this
This notice serves as the only
preliminary determination.
reminder to parties subject to an
administrative protective order (APO) of DATES: Applicable June 5, 2023.
their responsibility concerning the
FOR FURTHER INFORMATION CONTACT:
disposition of proprietary information
Theodore Pearson, AD/CVD Operations,
Scope of the Orders
disclosed under APO in accordance
with 19 CFR 351.305(a). Timely written Office I, Enforcement and Compliance,
The products covered by the Orders
International Trade Administration,
notification of the destruction of APO
are certain hot-rolled carbon-quality
U.S. Department of Commerce, 1401
materials or conversion to judicial
steel. For a complete description of the
Constitution Avenue NW, Washington,
protective order is hereby requested.
scope of these Orders, see the Issues and Failure to comply with the regulations
DC 20230; telephone: (202) 482–2631.
Decision Memorandum.6
and terms of an APO is a violation that
SUPPLEMENTARY INFORMATION:
is subject to sanction.
Analysis of Comments Received
Background
Notification to Interested Parties
All issues raised in these sunset
This preliminary determination is
We are issuing and publishing this
reviews are addressed in the Issues and
made in accordance with section 703(b)
notice
in
accordance
with
sections
7
Decision Memorandum. A list of topics
of the Tariff Act of 1930, as amended
751(c), 752(b), and 777(i)(1) of the Act.
discussed in the Issues and Decision
(the Act). On January 25, 2023,
Dated: May 26, 2023.
Memorandum is included as the
Commerce published in the Federal
Lisa W. Wang,
appendix to this notice. The Issues and
Register the notice of initiation of this
Decision Memorandum is a public
Assistant Secretary for Enforcement and
investigation.1 On March 14, 2023,
Compliance.
document and is on file electronically
Commerce postponed the preliminary
via Enforcement and Compliance’s
determination of this investigation until
Appendix—List of Topics Discussed in
Antidumping and Countervailing Duty
May 30, 2023.2
the Issues and Decision Memorandum
Centralized Electronic Service System
For a complete description of the
I. Summary
(ACCESS). ACCESS is available to
events that followed the initiation of
II. Background
registered users at https://
III. Scope of the Orders
this investigation, see the Preliminary
access.trade.gov. In addition, a complete IV. History of the Orders
Decision Memorandum.3 A list of topics
version of the Issues and Decision
V. Legal Framework
discussed in the Preliminary Decision
VI. Discussion of the Issues
Memorandum can be accessed directly
Memorandum is included as Appendix
1. Likelihood of Continuation or
at https://access.trade.gov/public/
II to this notice. The Preliminary
Recurrence
of
Dumping
FRNoticesListLayout.aspx./.
Decision Memorandum is a public
2. Magnitude of the Margins of Dumping
document and is on file electronically
Likely To Prevail
Final Results of Sunset Reviews
via Enforcement and Compliance’s
VII. Final Results of Sunset Reviews
Pursuant to sections 751(c)(1) and
VIII. Recommendation
Antidumping and Countervailing Duty
752(b) of the Act, Commerce determines [FR Doc. 2023–11841 Filed 6–2–23; 8:45 am]
Centralized Electronic Service System
that revocation of the Orders would be
(ACCESS). ACCESS is available to
BILLING CODE 3510–DS–P
registered users at https://
likely to lead to the continuation or
access.trade.gov. In addition, a complete
recurrence of dumping, and that the
version of the Preliminary Decision
DEPARTMENT OF COMMERCE
magnitude of the margins of dumping
Memorandum can be accessed directly
likely to prevail would be weightedInternational Trade Administration
at https://access.trade.gov/public/
average margins up to the following
FRNoticesListLayout.aspx.
percentages:
Weightedaverage
dumping
margin
(percent)
SUMMARY:
ddrumheller on DSK120RN23PROD with NOTICES1
[C–570–149]
Cut-to-Length Carbon-Quality Steel Plate from
India: Domestic Interested Parties’ Substantive
Response,’’ dated March 3, 2023.
5 See Commerce’s Letter, ‘‘Sunset Reviews
initiated on February 1, 2023,’’ dated March 23,
2023.
6 See Memorandum, ‘‘Decision Memorandum for
the Final Results of Expedited Fourth Sunset
Reviews of the Antidumping Duty Orders on
Certain Cut-to-Length Carbon-Quality Steel Plate
from India, Indonesia, and the Republic of Korea,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
7 Id.
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Gas Powered Pressure Washers From
the People’s Republic of China:
Preliminary Affirmative Countervailing
Duty Determination, Preliminary
Affirmative Critical Circumstances
Determination, in Part, and Alignment
of Final Determination With Final
Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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1 Gas Powered Pressure Washers from the
People’s Republic of China: Initiation of
Countervailing Duty Investigation, 88 FR 4812
(January 25, 2023) (Initiation Notice).
2 See Gas Powered Pressure Washers from the
People’s Republic of China: Postponement of
Preliminary Determination in the Countervailing
Duty Investigation, 88 FR 15672 (March 14, 2023).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the
Countervailing Duty Investigation of Gas Powered
Pressure Washers from the People’s Republic of
China,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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36532
Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Notices
Scope of the Investigation
The products covered by this
investigation are gas powered pressure
washers from China. For a complete
description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 We received
comments from several parties
concerning the scope of the
antidumping duty (AD) and
countervailing duty (CVD)
investigations of pressure washers as it
appeared in the Initiation Notice.6 We
are currently evaluating the scope
comments filed by the interested parties
and intend to issue our preliminary
decision regarding the scope of the AD
and CVD investigations shortly. We will
incorporate the scope decisions from the
AD investigations into the scope of the
final CVD determination for this
investigation, after considering any
relevant comments submitted in scope
case and rebuttal briefs.
Preliminary Affirmative Determination
of Critical Circumstances, in Part
In accordance with section 703(e)(1)
of the Act, Commerce preliminarily
determines that critical circumstances
exist with respect to imports of pressure
washers from China for Jiangsu
Jianghuai Engine Co., Ltd. (JD Power),
Chongqing Dajiang Power Equipment
Co., Ltd. (CDPE), and companies that
were not responsive to Commerce’s
quantity and value questionnaire,7 but
do not exist with respect to all other
producers or exporters not individually
examined. For a full description of the
methodology and results of Commerce’s
analysis, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found to be countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.8
Commerce notes that, in making these
findings, it relied on facts available and,
because Commerce finds that necessary
information was missing from the
record and because respondents did not
act to the best of their ability to respond
to Commerce’s requests for information,
Commerce drew an adverse inference in
selecting from among the facts
otherwise available.9 For further
information, see the ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ section in the Preliminary
Decision Memorandum.
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the
final CVD determination in this
investigation with the final
determination in the companion AD
investigation of pressure washers from
China based on a request made by the
FNA Group, Inc. (the petitioner).10
Consequently, the final CVD
determination will be issued on the
same date as the final AD
determination, which is currently
scheduled to be issued no later than
October 11, 2023, unless postponed.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act.
In this investigation, as discussed in
the Preliminary Decision Memorandum,
Commerce calculated an individual
estimated countervailable subsidy rate
for JD Power that is not zero, de
minimis, or based entirely under section
776 of the Act. As further discussed in
the Preliminary Decision Memorandum,
the individual estimated countervailable
subsidy rate for CDPE is based entirely
upon section 776 of the Act. Therefore,
Commerce is using the individual
estimated subsidy rate calculated for JD
Power as the all-others rate.
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
Subsidy rate
(percent ad valorem)
ddrumheller on DSK120RN23PROD with NOTICES1
Company
Jiangsu Jianghuai Engine Co., Ltd 11 ..................................................................................................................................
Chongqing Dajiang Power Equipment Co., Ltd ..................................................................................................................
China GTL Tools Group, Ltd ...............................................................................................................................................
Loncin Motor Co., Ltd ..........................................................................................................................................................
Maxworld Home Co., Ltd .....................................................................................................................................................
Ningbo Jugang Machinery Manufacturing Co., Ltd .............................................................................................................
Powerful Machinery & Electronics Technology Developing Co., Ltd ..................................................................................
Pinghu Biyi Cleaning Equipment Co., Ltd ...........................................................................................................................
Senci Electric Machinery Co., Ltd .......................................................................................................................................
Taizhou Bison Machinery Co., Ltd ......................................................................................................................................
Taizhou Longfa Machinery Co., Ltd ....................................................................................................................................
Taizhou Newland Machinery Co., Ltd .................................................................................................................................
Zhejiang Anlu Cleaning Machinery Co., Ltd ........................................................................................................................
Zhejiang Constant Power Machinery Co., Ltd ....................................................................................................................
Zhejiang Lingben Machinery & Electronics Co., Ltd ...........................................................................................................
Zhejiang Xinchang Bigyao Power Tool Co., Ltd .................................................................................................................
Zhejiang Zhinanche Cleaning Equipment Co., Ltd .............................................................................................................
4 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice, 88 FR 4812.
6 See Preliminary Decision Memorandum at ‘‘IV.
Scope Comments.’’
7 See Commerce’s Letter, ‘‘Quantity and Value
Questionnaire,’’ dated January 20, 2023.
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Jkt 259001
8 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
9 See sections 776(a) and (b) of the Act.
10 See Petitioner’s Letter, ‘‘Request to Align
Countervailing Duty Investigation Final
Determination with Antidumping Duty
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11.19
206.57
206.57
206.57
206.57
206.57
206.57
206.57
206.57
206.57
206.57
206.57
206.57
206.57
206.57
206.57
206.57
Investigation Final Determination,’’ dated April 24,
2023.
11 As discussed in the Preliminary Decision
Memorandum, Commerce preliminarily finds the
following company to be cross-owned with JD
Power: Jiangsu Nonghua Intelligent Agriculture
Technology Co., Ltd.
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Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Notices
36533
Subsidy rate
(percent ad valorem)
Company
All Others .............................................................................................................................................................................
Suspension of Liquidation
In accordance with section
703(e)(2)(A) of the Act, because we find
that critical circumstances exist for JD
Power, CDPE, and the non-responsive
companies, therefore, for these
companies, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of entries of subject
merchandise as described in the scope
of the investigation entered, or
withdrawn from warehouse, for
consumption on or after the date 90
days prior to the date of publication of
this notice in the Federal Register. As
noted above, we find that critical
circumstances do not exist for all other
producers or exporters not individually
examined. Therefore, for all other
producers or exporters not individually
examined, Commerce will direct CBP to
suspend liquidation of entries of subject
merchandise as described in the scope
of the investigation entered, or
withdrawn from warehouse, for
consumption on or after the date of the
publication of this notice in the Federal
Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
rates indicated above.
Disclosure
Commerce intends to disclose its
calculations and analysis performed in
connection with this preliminary
determination to interested parties
within five days of its public
announcement, or if there is no public
announcement, within five days of the
date of publication of this notice in the
Federal Register, in accordance with 19
CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
ddrumheller on DSK120RN23PROD with NOTICES1
Public Comment
All interested parties will have the
opportunity to submit scope case and
rebuttal briefs on the preliminary
decision regarding the scope of the AD
and CVD investigations. The deadlines
to submit scope case and rebuttal briefs
will be provided in the preliminary
scope decision memorandum. For all
scope case and rebuttal briefs, parties
must file identical documents
simultaneously on the records of the
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17:59 Jun 02, 2023
Jkt 259001
ongoing AD and CVD pressure washers
investigations. No new factual
information or business proprietary
information may be included in either
scope case or rebuttal briefs.
Case briefs or other written comments
on non-scope issues may be submitted
to the Assistant Secretary for
Enforcement and Compliance.
Commerce will notify interested parties
of the deadline for the submission of
case briefs. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than seven days after
the deadline date for case briefs.12
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) a statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities. Commerce
has modified certain of its requirements
for serving documents containing
business proprietary information until
further notice.13
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, and a list of the
issues to be discussed. Oral
presentations at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made, parties
will be notified of the time and date for
the hearing.14
U.S. International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its determination. If the final
determination is affirmative, the ITC
will determine before the later of 120
days after the date of this preliminary
determination or 45 days after the final
determination whether imports of
pressure washers from China are
12 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
13 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
14 See 19 CFR 351.310(d).
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11.19
materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act, and 19 CFR
351.205(c).
Dated: May 30, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Scope of the Investigation
The merchandise covered by this
investigation 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 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 cold water 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 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 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
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Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Notices
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.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Injury Test
VI. Diversification of China’s Economy
VII. Preliminary Affirmative Determination of
Critical Circumstances, in Part
VIII. Use of Facts Otherwise Available and
Adverse Inferences
IX. Subsidies Valuation
X. Interest Rate, Discount Rate, Hot-Rolled
Steel, and Electricity Benchmarks
XI. Analysis of Programs
XII. Recommendation
[FR Doc. 2023–11875 Filed 6–2–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–834]
Certain Carbon and Alloy Steel Cut-toLength Plate From Italy: Preliminary
Results of Antidumping Duty
Administrative Review and Rescission
in Part; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that sales of subject
merchandise were made at less than
normal value (NV) during the period of
review (POR), May 1, 2021, through
April 30, 2022. We are also rescinding
this review with respect to Officine
Tecnosider s.r.l. (OTS). We invite
interested parties to comment on these
preliminary results.
DATES: Applicable June 5, 2023.
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
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FOR FURTHER INFORMATION CONTACT:
Nathan Araya, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3401.
SUPPLEMENTARY INFORMATION:
Background
On July 14, 2022, based on timely
requests for review, in accordance with
19 CFR 351.221(c)(1)(i), we initiated an
administrative review of the
antidumping duty order 1 on certain
carbon and alloy steel cut-to-length
plate (CTL plate) from Italy with respect
to two producers/exporters of the
subject merchandise, NLMK Verona
S.p.A (NVR) and OTS.2
On January 3, 2023, Commerce
extended the preliminary results of this
review to no later than May 31, 2023.3
For a complete description of the events
that followed the initiation of this
review, see the Preliminary Decision
Memorandum.4
Scope of the Order 5
The merchandise subject to the Order
is certain carbon and alloy steel cut-tolength plate from Italy. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(1)(B)
and (2) of the Tariff Act of 1930, as
amended (the Act). Constructed export
price is calculated in accordance with
section 772 of the Act. NV is calculated
in accordance with section 773 of the
Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
1 See Certain Carbon and Alloy Steel Cut-ToLength Plate from Austria, Belgium, France, the
Federal Republic of Germany, Italy, Japan, the
Republic of Korea, and Taiwan: Amended Final
Affirmative Antidumping Determinations for
France, the Federal Republic of Germany, the
Republic of Korea, and Taiwan, and Antidumping
Duty Orders, 82 FR 24096, 24098 (May 25, 2017)
(Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
42144 (July 14, 2022).
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of 2021–2022 Antidumping
Duty Administrative Review,’’ dated January 3,
2023.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2021–2022
Administrative Review of the Antidumping Duty
Order on Certain Carbon and Alloy Steel Cut-toLength Plate from Italy,’’ (Preliminary Decision
Memorandum) dated concurrently with, and hereby
adopted by, this notice.
5 See Order.
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Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation. Commerce received
a timely-filed withdrawal request from
Cleveland-Cliffs Steel LLC, Nucor
Corporation, and SSAB Enterprises, LLC
(collectively, the petitioners) on October
12, 2022, withdrawing its request for a
review of OTS.6 Because the withdrawal
request was timely filed, and no other
party requested a review of this
company, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding
this review of the Order with respect to
OTS.
Preliminary Results of the Review
We preliminarily determine that the
following weighted-average dumping
margin exists for the period May 1,
2021, through April 30, 2022:
Producer or exporter
NLMK Verona S.p.A ...................
Weightedaverage
dumping
margin
(percent)
15.88
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice.7
Interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of this notice.8
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than seven days after the deadline for
filing case briefs.9 Parties who submit
case or rebuttal briefs are requested to
submit with each argument: (1) a
statement of the issue; (2) a brief
summary of the arguments; and (3) a
table of authorities.10 Case and rebuttal
briefs should be filed using ACCESS 11
and must be served on interested
parties.12 Executive summaries should
be limited to five pages total, including
footnotes. Note that Commerce has
temporarily modified certain aspects of
6 See Petitioners’ Letter, ‘‘Withdrawal of Request
for Administrative Review,’’ dated October 12,
2022.
7 See 19 CFR 351.224(b).
8 See 19 CFR 351.309(c).
9 See 19 CFR 351.309(d).
10 See 19 CFR 351.309(c)(2) and (d)(2).
11 See 19 CFR 351.303.
12 See 19 CFR 351.303(f).
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]]>Agencies
[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Notices]
[Pages 36531-36534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11875]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-149]
Gas Powered Pressure Washers From the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination, Preliminary
Affirmative Critical Circumstances Determination, in Part, and
Alignment of Final Determination With Final Antidumping Duty
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of gas-powered pressure washers (pressure
washers) from the People's Republic of China (China) during the period
of investigation, January 1, 2021, through December 31, 2021.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable June 5, 2023.
FOR FURTHER INFORMATION CONTACT: Theodore Pearson, 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.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). On January 25,
2023, Commerce published in the Federal Register the notice of
initiation of this investigation.\1\ On March 14, 2023, Commerce
postponed the preliminary determination of this investigation until May
30, 2023.\2\
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\1\ Gas Powered Pressure Washers from the People's Republic of
China: Initiation of Countervailing Duty Investigation, 88 FR 4812
(January 25, 2023) (Initiation Notice).
\2\ See Gas Powered Pressure Washers from the People's Republic
of China: Postponement of Preliminary Determination in the
Countervailing Duty Investigation, 88 FR 15672 (March 14, 2023).
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Countervailing Duty Investigation of Gas
Powered Pressure Washers from the People's Republic of China,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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[[Page 36532]]
Scope of the Investigation
The products covered by this investigation are gas powered pressure
washers from China. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ We received
comments from several parties concerning the scope of the antidumping
duty (AD) and countervailing duty (CVD) investigations of pressure
washers as it appeared in the Initiation Notice.\6\ We are currently
evaluating the scope comments filed by the interested parties and
intend to issue our preliminary decision regarding the scope of the AD
and CVD investigations shortly. We will incorporate the scope decisions
from the AD investigations into the scope of the final CVD
determination for this investigation, after considering any relevant
comments submitted in scope case and rebuttal briefs.
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\4\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997).
\5\ See Initiation Notice, 88 FR 4812.
\6\ See Preliminary Decision Memorandum at ``IV. Scope
Comments.''
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Preliminary Affirmative Determination of Critical Circumstances, in
Part
In accordance with section 703(e)(1) of the Act, Commerce
preliminarily determines that critical circumstances exist with respect
to imports of pressure washers from China for Jiangsu Jianghuai Engine
Co., Ltd. (JD Power), Chongqing Dajiang Power Equipment Co., Ltd.
(CDPE), and companies that were not responsive to Commerce's quantity
and value questionnaire,\7\ but do not exist with respect to all other
producers or exporters not individually examined. For a full
description of the methodology and results of Commerce's analysis, see
the Preliminary Decision Memorandum.
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\7\ See Commerce's Letter, ``Quantity and Value Questionnaire,''
dated January 20, 2023.
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Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found to be
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\8\
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\8\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Commerce notes that, in making these findings, it relied on facts
available and, because Commerce finds that necessary information was
missing from the record and because respondents did not act to the best
of their ability to respond to Commerce's requests for information,
Commerce drew an adverse inference in selecting from among the facts
otherwise available.\9\ For further information, see the ``Use of Facts
Otherwise Available and Adverse Inferences'' section in the Preliminary
Decision Memorandum.
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\9\ See sections 776(a) and (b) of the Act.
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Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final CVD determination in this investigation with the
final determination in the companion AD investigation of pressure
washers from China based on a request made by the FNA Group, Inc. (the
petitioner).\10\ Consequently, the final CVD determination will be
issued on the same date as the final AD determination, which is
currently scheduled to be issued no later than October 11, 2023, unless
postponed.
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\10\ See Petitioner's Letter, ``Request to Align Countervailing
Duty Investigation Final Determination with Antidumping Duty
Investigation Final Determination,'' dated April 24, 2023.
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All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act.
In this investigation, as discussed in the Preliminary Decision
Memorandum, Commerce calculated an individual estimated countervailable
subsidy rate for JD Power that is not zero, de minimis, or based
entirely under section 776 of the Act. As further discussed in the
Preliminary Decision Memorandum, the individual estimated
countervailable subsidy rate for CDPE is based entirely upon section
776 of the Act. Therefore, Commerce is using the individual estimated
subsidy rate calculated for JD Power as the all-others rate.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
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\11\ As discussed in the Preliminary Decision Memorandum,
Commerce preliminarily finds the following company to be cross-owned
with JD Power: Jiangsu Nonghua Intelligent Agriculture Technology
Co., Ltd.
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Subsidy rate (percent
Company ad valorem)
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Jiangsu Jianghuai Engine Co., Ltd 11........... 11.19
Chongqing Dajiang Power Equipment Co., Ltd..... 206.57
China GTL Tools Group, Ltd..................... 206.57
Loncin Motor Co., Ltd.......................... 206.57
Maxworld Home Co., Ltd......................... 206.57
Ningbo Jugang Machinery Manufacturing Co., Ltd. 206.57
Powerful Machinery & Electronics Technology 206.57
Developing Co., Ltd...........................
Pinghu Biyi Cleaning Equipment Co., Ltd........ 206.57
Senci Electric Machinery Co., Ltd.............. 206.57
Taizhou Bison Machinery Co., Ltd............... 206.57
Taizhou Longfa Machinery Co., Ltd.............. 206.57
Taizhou Newland Machinery Co., Ltd............. 206.57
Zhejiang Anlu Cleaning Machinery Co., Ltd...... 206.57
Zhejiang Constant Power Machinery Co., Ltd..... 206.57
Zhejiang Lingben Machinery & Electronics Co., 206.57
Ltd...........................................
Zhejiang Xinchang Bigyao Power Tool Co., Ltd... 206.57
Zhejiang Zhinanche Cleaning Equipment Co., Ltd. 206.57
[[Page 36533]]
All Others..................................... 11.19
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Suspension of Liquidation
In accordance with section 703(e)(2)(A) of the Act, because we find
that critical circumstances exist for JD Power, CDPE, and the non-
responsive companies, therefore, for these companies, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise as described in the scope of the
investigation entered, or withdrawn from warehouse, for consumption on
or after the date 90 days prior to the date of publication of this
notice in the Federal Register. As noted above, we find that critical
circumstances do not exist for all other producers or exporters not
individually examined. Therefore, for all other producers or exporters
not individually examined, Commerce will direct CBP to suspend
liquidation of entries of subject merchandise as described in the scope
of the investigation entered, or withdrawn from warehouse, for
consumption on or after the date of the publication of this notice in
the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce
will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed in connection with this preliminary determination to
interested parties within five days of its public announcement, or if
there is no public announcement, within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
All interested parties will have the opportunity to submit scope
case and rebuttal briefs on the preliminary decision regarding the
scope of the AD and CVD investigations. The deadlines to submit scope
case and rebuttal briefs will be provided in the preliminary scope
decision memorandum. For all scope case and rebuttal briefs, parties
must file identical documents simultaneously on the records of the
ongoing AD and CVD pressure washers investigations. No new factual
information or business proprietary information may be included in
either scope case or rebuttal briefs.
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance.
Commerce will notify interested parties of the deadline for the
submission of case briefs. Rebuttal briefs, limited to issues raised in
case briefs, may be submitted no later than seven days after the
deadline date for case briefs.\12\ Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or rebuttal briefs in this
investigation are encouraged to submit with each argument: (1) a
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities. Commerce has modified certain of its requirements
for serving documents containing business proprietary information until
further notice.\13\
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\12\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\13\ 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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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, parties will be notified of
the time and date for the hearing.\14\
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\14\ See 19 CFR 351.310(d).
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U.S. International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its determination. If
the final determination is affirmative, the ITC will determine before
the later of 120 days after the date of this preliminary determination
or 45 days after the final determination whether imports of pressure
washers from China are materially injuring, or threaten material injury
to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act, and 19 CFR 351.205(c).
Dated: May 30, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The merchandise covered by this investigation 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 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 cold water 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 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 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
[[Page 36534]]
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.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Injury Test
VI. Diversification of China's Economy
VII. Preliminary Affirmative Determination of Critical
Circumstances, in Part
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Subsidies Valuation
X. Interest Rate, Discount Rate, Hot-Rolled Steel, and Electricity
Benchmarks
XI. Analysis of Programs
XII. Recommendation
[FR Doc. 2023-11875 Filed 6-2-23; 8:45 am]
BILLING CODE 3510-DS-P
