Gas Powered Pressure Washers From the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Preliminary Determination of Critical Circumstances, 39221-39223 [2023-12766]
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Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Notices
—Workforce Training, Skills Training
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political subdivision of a State.
Respondent’s Obligation: Mandatory.
Legal Authority: The Public Works
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Follow the instructions to view the
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[FR Doc. 2023–12768 Filed 6–14–23; 8:45 am]
BILLING CODE 3510–34–P
DEPARTMENT OF COMMERCE
International Trade Administration
lotter on DSK11XQN23PROD with NOTICES1
[A–552–008]
Gas Powered Pressure Washers From
the Socialist Republic of Vietnam:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value and
Preliminary Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
AGENCY:
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17:54 Jun 14, 2023
Jkt 259001
determines that certain gas powered
pressure washers (pressure washers)
from the Socialist Republic of Vietnam
(Vietnam) are being, or are likely to be,
sold in the United States at less than fair
value (LTFV). The period of
investigation is April 1, 2022, through
September 30, 2022. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable June 15, 2023.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita or Matthew Palmer, AD/
CVD Operations, Office III, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4243 or (202) 482–1678,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on January 19, 2023.1
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.2 A list of topics
included 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.
39221
Scope Comments
In accordance with the preamble to
Commerce’s regulations,3 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).4 Northern Tool +
Equipment, Inc. (NTE) commented on
the scope of the investigation,
requesting the addition of exclusion
language to the scope as it appeared in
the Initiation Notice.5 FNA Group, Inc.
(the petitioner) submitted rebuttal
comments, requesting the scope remain
unchanged.6 Commerce preliminarily
determines the scope language requires
no revisions. For further information,
see the Preliminary Scope Decision
Memorandum, dated concurrently with
this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Pursuant to sections
776(a) and (b) of the Act, Commerce
preliminarily has relied upon facts
otherwise available, with adverse
inferences, because no Vietnamese
producer or exporter of pressure
washers participated in this
investigation. For a full description of
the methodology underlying
Commerce’s preliminary determination,
see the Preliminary Decision
Memorandum.
Preliminary Affirmative Determination
of Critical Circumstances
In accordance with section 733(e) of
the Act and 19 CFR 351.206, Commerce
preliminarily determines that critical
circumstances exist with respect to
imports of pressure washers from
Vietnam for the Vietnam-wide entity.
For a full description of the
methodology and results of Commerce’s
critical circumstances analysis, see the
Preliminary Decision Memorandum.
Scope of the Investigation
The products covered by this
investigation are gas powered pressure
washers from Vietnam. For a complete
description of the scope of this
investigation, see Appendix I.
Combination Rates
In the Initiation Notice,7 Commerce
stated that it would calculate producer/
exporter combination rates for the
respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.8 In
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);
see also Gas Powered Pressure Washers from the
People’s Republic of China: Initiation of
Countervailing Duty Investigation, 88 FR 4812
(January 25, 2023) (Initiation Notice) (collectively,
Initiation Notices).
2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Gas Powered Pressure
Washers from the Socialist Republic of Vietnam,’’
dated concurrently with, and hereby adopted by
this notice (Preliminary Decision Memorandum).
3 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997).
4 See Initiation Notices.
5 See NTE’s Letter, ‘‘Scope Comments of Northern
Tool + Equipment Co.,’’ dated February 8, 2023.
6 See Petitioner’s Letter, ‘‘Response to Scope
Comments,’’ dated February 21, 2023.
7 See Initiation Notice, 88 FR at 4811.
8 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (Policy
PO 00000
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Continued
15JNN1
39222
Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Notices
this case, because no respondent
qualified for a separate rate, producer/
exporter combination rates were not
calculated.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist for the
period, April 1, 2022, through
September 30, 2022:
Producer/exporter
Estimated
weightedaverage
dumping
margin
(percent)
Vietnam-Wide Entity 9 ...........
225.65
lotter on DSK11XQN23PROD with NOTICES1
Suspension of Liquidation
These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Normally, Commerce discloses to
interested parties the calculations
performed in connection with a
preliminary determination 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 accordance
with 19 CFR 351.224(b). However,
because Commerce relied entirely on
facts available with adverse inferences
for the Vietnam-wide entity in
accordance with section 776 of the Act,
and the applied adverse facts available
rate is based solely on the petition, there
are no calculations to disclose.
Verification
Because Commerce preliminarily
determines in accordance with section
776(b) of the Act that the Vietnam-wide
entity has been uncooperative,
Commerce will not conduct a
verification.
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of entries of subject
merchandise, as described in Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register, as discussed
below. Further, pursuant to section
733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
weighted-average dumping margin as
indicated in the chart above.
Section 733(e)(2) of the Act provides
that, given an affirmative determination
of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of merchandise
entered, or withdrawn from warehouse,
for consumption on or after the later of
(a) the date which is 90 days before the
date on which the suspension of
liquidation was first ordered, or (b) the
date on which notice of initiation of the
investigation was published. Commerce
preliminarily finds that critical
circumstances exist for imports of
subject merchandise from the Vietnamwide entity. In accordance with section
733(e)(2)(A) of the Act, the suspension
of liquidation shall apply to all
unliquidated entries of merchandise
from all producers and/or exporters of
pressure washers from Vietnam that
were entered, or withdrawn from
warehouse, for consumption on or after
the date which is 90 days before the
publication of this notice in the Federal
Register.
Public Comment
Case briefs or other written comments
on non-scope issues may be submitted
to the Assistant Secretary for
Enforcement and Compliance no later
than 30 days after the date of
publication of the preliminary
determination unless the Secretary
alters the time limit. Rebuttal briefs,
limited to issues raised in these case
briefs, may be submitted no later than
seven days after the deadline date for
case briefs.10 Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.11
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.
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,
Bulletin 05.1), available on Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
9 See Preliminary Decision Memorandum at
section VI., ‘‘Application of Facts Available and
Adverse Inferences.’’
10 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
11 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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17:54 Jun 14, 2023
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Sfmt 4703
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its preliminary determination of sales at
LTFV. 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 Vietnam are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: June 8, 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 this 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 this
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
E:\FR\FM\15JNN1.SGM
15JNN1
Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Notices
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
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. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
VI. Discussion of the Methodology
VII. Preliminary Determination of Critical
Circumstances
VIII. Recommendation
[FR Doc. 2023–12766 Filed 6–14–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
lotter on DSK11XQN23PROD with NOTICES1
[A–357–820, C–357–821, A–560–830, C–560–
831]
Biodiesel From Argentina and
Indonesia: Continuation of
Antidumping Duty Orders and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
VerDate Sep<11>2014
17:54 Jun 14, 2023
Jkt 259001
As a result of the
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC)
that revocation of the antidumping duty
(AD) orders and countervailing duty
(CVD) orders on biodiesel from
Argentina and Indonesia would likely
lead to the continuation or recurrence of
dumping, and countervailable subsidies,
and material injury to an industry in the
United States, Commerce is publishing
a notice of continuation of these AD and
CVD orders.
DATES: Applicable June 8, 2023.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3148.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On January 4, and April 26, 2018,
Commerce published in the Federal
Register the AD and CVD orders on
biodiesel from Argentina and India,
respectively.1 On December 1, 2022, the
ITC instituted,2 and Commerce
initiated,3 the first sunset review of the
Orders, pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the Act).
As a result of its reviews, Commerce
determined that revocation of the
Orders would likely lead to the
continuation or recurrence of dumping
and countervailable subsidies, and
therefore, notified the ITC of the
magnitude of the margins of dumping
and subsidy rates likely to prevail
should the Orders be revoked.4
On June 8, 2023, the ITC published its
determination, pursuant to sections
751(c) and 752(a) of the Act, that
revocation of the Orders would likely
1 See Biodiesel from the Republic of Argentina
and the Republic of Indonesia: Countervailing Duty
Orders, 83 FR 522 (January 4, 2018), and Biodiesel
from the Republic of Argentina and the Republic of
Indonesia: Antidumping Duty Orders, 83 FR 18278
(April 26, 2018) (collectively, Orders); see also
Biodiesel from the Republic of Argentina and the
Republic of Indonesia: Countervailing Duty Orders,
83 FR 3114 (January 23, 2018) (correction to the
CVD order).
2 See Biodiesel from Argentina and Indonesia;
Institution of Five-Year Reviews, 87 FR 73781
(December 1, 2022).
3 See Initiation of Five-Year (Sunset) Reviews, 87
FR 73757 (December 1, 2022).
4 See Biodiesel from Argentina and Indonesia:
Final Results of Expedited Sunset Reviews of the
Antidumping Duty Orders, 88 FR 19920 (April 4,
2023), and accompanying Issues and Decision
Memorandum (IDM) and Biodiesel from Argentina
and Indonesia: Final Results of Expedited First
Sunset Reviews of the Countervailing Duty Orders,
88 FR 20130 (April 5, 2023), and accompanying
IDM.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
39223
lead to continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time.5
Scope of the Orders
The product covered by the Orders is
biodiesel, which is a fuel comprised of
mono-alkyl esters of long chain fatty
acids derived from vegetable oils or
animal fats, including biologically-based
waste oils or greases, and other
biologically-based oil or fat sources. The
Orders cover biodiesel in pure form
(B100) as well as fuel mixtures
containing at least 99 percent biodiesel
by volume (B99). For fuel mixtures
containing less than 99 percent
biodiesel by volume, only the biodiesel
component of the mixture is covered by
the scope of the Orders. Biodiesel is
generally produced to American Society
for Testing and Materials International
(ASTM) D6751 specifications, but it can
also be made to other specifications.
Biodiesel commonly has one of the
following Chemical Abstracts Service
(CAS) numbers, generally depending
upon the feedstock used: 67784–80–9
(soybean oil methyl esters); 91051–34–
2 (palm oil methyl esters); 91051–32–0
(palm kernel oil methyl esters); 73891–
99–3 (rapeseed oil methyl esters);
61788–61–2 (tallow methyl esters);
68990–52–3 (vegetable oil methyl
esters); 129828–16–6 (canola oil methyl
esters); 67762–26–9 (unsaturated
alkylcarboxylic acid methyl ester); or
68937–84–8 (fatty acids, C12–C18,
methyl ester). The B100 product subject
to the Orders is currently classifiable
under subheading 3826.00.1000 of the
Harmonized Tariff Schedule of the
United States (HTSUS), while the B99
product is currently classifiable under
HTSUS subheading 3826.00.3000.
Although the HTSUS subheadings,
ASTM specifications, and CAS numbers
are provided for convenience and
customs purposes, the written
description of the scope is dispositive.
Continuation of the Order
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to
continuation or recurrence of dumping,
countervailable subsidies, and material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act, Commerce hereby orders the
continuation of the Orders. U.S.
Customs and Border Protection will
continue to collect AD and CVD cash
deposits at the rates in effect at the time
5 See Biodiesel from Argentina and Indonesia, 88
FR 37579 (June 8, 2023) (ITC Final Determination).
E:\FR\FM\15JNN1.SGM
15JNN1
]]>Agencies
[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Notices]
[Pages 39221-39223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12766]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-008]
Gas Powered Pressure Washers From the Socialist Republic of
Vietnam: Preliminary Affirmative Determination of Sales at Less Than
Fair Value and Preliminary Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain gas powered pressure washers (pressure washers)
from the Socialist Republic of Vietnam (Vietnam) are being, or are
likely to be, sold in the United States at less than fair value (LTFV).
The period of investigation is April 1, 2022, through September 30,
2022. Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable June 15, 2023.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Matthew Palmer, AD/
CVD Operations, Office III, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4243 or (202)
482-1678, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on January 19,
2023.\1\
---------------------------------------------------------------------------
\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); see
also Gas Powered Pressure Washers from the People's Republic of
China: Initiation of Countervailing Duty Investigation, 88 FR 4812
(January 25, 2023) (Initiation Notice) (collectively, Initiation
Notices).
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\2\ A list of topics included 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.
---------------------------------------------------------------------------
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Gas
Powered Pressure Washers from the Socialist Republic of Vietnam,''
dated concurrently with, and hereby adopted by this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are gas powered pressure
washers from Vietnam. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\3\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\4\ Northern Tool +
Equipment, Inc. (NTE) commented on the scope of the investigation,
requesting the addition of exclusion language to the scope as it
appeared in the Initiation Notice.\5\ FNA Group, Inc. (the petitioner)
submitted rebuttal comments, requesting the scope remain unchanged.\6\
Commerce preliminarily determines the scope language requires no
revisions. For further information, see the Preliminary Scope Decision
Memorandum, dated concurrently with this notice.
---------------------------------------------------------------------------
\3\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997).
\4\ See Initiation Notices.
\5\ See NTE's Letter, ``Scope Comments of Northern Tool +
Equipment Co.,'' dated February 8, 2023.
\6\ See Petitioner's Letter, ``Response to Scope Comments,''
dated February 21, 2023.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Pursuant to sections 776(a) and (b) of the Act,
Commerce preliminarily has relied upon facts otherwise available, with
adverse inferences, because no Vietnamese producer or exporter of
pressure washers participated in this investigation. For a full
description of the methodology underlying Commerce's preliminary
determination, see the Preliminary Decision Memorandum.
Preliminary Affirmative Determination of Critical Circumstances
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily determines that critical circumstances exist
with respect to imports of pressure washers from Vietnam for the
Vietnam-wide entity. For a full description of the methodology and
results of Commerce's critical circumstances analysis, see the
Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,\7\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\8\ In
[[Page 39222]]
this case, because no respondent qualified for a separate rate,
producer/exporter combination rates were not calculated.
---------------------------------------------------------------------------
\7\ See Initiation Notice, 88 FR at 4811.
\8\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist for the period, April 1, 2022,
through September 30, 2022:
------------------------------------------------------------------------
Estimated
weighted-
Producer/exporter average dumping
margin
(percent)
------------------------------------------------------------------------
Vietnam-Wide Entity \9\................................ 225.65
------------------------------------------------------------------------
Suspension of Liquidation
---------------------------------------------------------------------------
\9\ See Preliminary Decision Memorandum at section VI.,
``Application of Facts Available and Adverse Inferences.''
---------------------------------------------------------------------------
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register, as discussed below.
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit equal
to the weighted-average dumping margin as indicated in the chart above.
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered, or (b) the date on which notice of
initiation of the investigation was published. Commerce preliminarily
finds that critical circumstances exist for imports of subject
merchandise from the Vietnam-wide entity. In accordance with section
733(e)(2)(A) of the Act, the suspension of liquidation shall apply to
all unliquidated entries of merchandise from all producers and/or
exporters of pressure washers from Vietnam that were entered, or
withdrawn from warehouse, for consumption on or after the date which is
90 days before the publication of this notice in the Federal Register.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary determination 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
accordance with 19 CFR 351.224(b). However, because Commerce relied
entirely on facts available with adverse inferences for the Vietnam-
wide entity in accordance with section 776 of the Act, and the applied
adverse facts available rate is based solely on the petition, there are
no calculations to disclose.
Verification
Because Commerce preliminarily determines in accordance with
section 776(b) of the Act that the Vietnam-wide entity has been
uncooperative, Commerce will not conduct a verification.
Public Comment
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance no
later than 30 days after the date of publication of the preliminary
determination unless the Secretary alters the time limit. Rebuttal
briefs, limited to issues raised in these case briefs, may be submitted
no later than seven days after the deadline date for case briefs.\10\
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information,
until further notice.\11\ 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.
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\10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\11\ 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, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
determination of sales at LTFV. 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 Vietnam are
materially injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: June 8, 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 this
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
this 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
[[Page 39223]]
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 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. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
VI. Discussion of the Methodology
VII. Preliminary Determination of Critical Circumstances
VIII. Recommendation
[FR Doc. 2023-12766 Filed 6-14-23; 8:45 am]
BILLING CODE 3510-DS-P
