Gas Powered Pressure Washers From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less-Than-Fair-Value, Preliminary Affirmative Critical Circumstances Determination, in Part, Postponement of Final Determination, and Extension of Provisional Measures, 51279-51282 [2023-16594]
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Federal Register / Vol. 88, No. 148 / Thursday, August 3, 2023 / Notices
factual information being submitted.
Please review the Final Rule,8 available
at www.govinfo.gov/content/pkg/FR2013-07-17/pdf/2013-17045.pdf, prior to
submitting factual information in this
segment. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.9
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information
using the formats provided at the end of
the Final Rule.10 Commerce intends to
reject factual submissions in any
proceeding segments if the submitting
party does not comply with applicable
certification requirements.
ddrumheller on DSK120RN23PROD with NOTICES1
Extension of Time Limits Regulation
Parties may request an extension of
time limits before a time limit
established under Part 351 expires, or as
otherwise specified by Commerce.11 In
general, an extension request will be
considered untimely if it is filed after
the time limit established under Part
351 expires. For submissions which are
due from multiple parties
simultaneously, an extension request
will be considered untimely if it is filed
after 10:00 a.m. on the due date.
Examples include, but are not limited
to: (1) case and rebuttal briefs, filed
pursuant to 19 CFR 351.309; (2) factual
information to value factors under 19
CFR 351.408(c), or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2), filed pursuant to 19 CFR
351.301(c)(3) and rebuttal, clarification
and correction filed pursuant to 19 CFR
351.301(c)(3)(iv); (3) comments
concerning the selection of a surrogate
country and surrogate values and
rebuttal; (4) comments concerning CBP
data; and (5) Q&V questionnaires. Under
certain circumstances, Commerce may
elect to specify a different time limit by
which extension requests will be
considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case,
Commerce will inform parties in the
8 See Certification of Factual Information To
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also the frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
9 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
10 See section 782(b) of the Act; see also Final
Rule; and the frequently asked questions regarding
the Final Rule, available at https://
enforcement.trade.gov/tlei/notices/factual_info_
final_rule_FAQ_07172013.pdf.
11 See 19 CFR 351.302.
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letter or memorandum setting forth the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. This policy also
requires that an extension request must
be made in a separate, stand-alone
submission, and clarifies the
circumstances under which Commerce
will grant untimely-filed requests for the
extension of time limits. Please review
the Final Rule, available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/
html/2013-22853.htm, prior to
submitting factual information in these
segments.
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 U.S.C. 1675(a)) and 19 CFR
351.221(c)(1)(i).
Dated: July 28, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2023–16534 Filed 8–2–23; 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:
Preliminary Affirmative Determination
of Sales at Less-Than-Fair-Value,
Preliminary Affirmative Critical
Circumstances Determination, in Part,
Postponement of Final Determination,
and Extension of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that gas powered pressure
washers (pressure washers) from the
People’s Republic of China (China) are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation
(POI) is April 1, 2022, through
September 30, 2022. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable August 3, 2023.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla and Dusten Hom, 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) 482–3477, and (202) 482–5075,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
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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 25, 2023.1 On May 18, 2023,
Commerce postponed the preliminary
determination of this investigation to
July 28, 2023.2 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.3 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.
Scope of the Investigation
The products covered by this
investigation are 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 On
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)
(Initiation Notice).
2 See Gas Powered Pressure Washers from the
People’s Republic of China: Postponement of
Preliminary Determination in the Less-Than-Fair
Value Investigation, 88 FR 31677 (May 18, 2023).
3 See Memorandum, ‘‘Decision Memorandum for
Preliminary Determination of Sales in the LessThan-Fair-Value 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).
4 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
5 See Initiation Notice, 88 FR at 4812.
6 See Preliminary Decision Memorandum at ‘‘IV.
Scope Comments.’’
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Federal Register / Vol. 88, No. 148 / Thursday, August 3, 2023 / Notices
June 8, 2023, we issued the preliminary
scope decision memorandum.7 For a
summary of the product coverage
comments and rebuttal responses
submitted to the record for this
investigation, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.8 As
discussed in the Preliminary Scope
Decision Memorandum, Commerce did
not modify the scope language as it
appeared in the Initiation Notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act. Because
China is a non-market economy, within
the meaning of section 771(18) of the
Act, Commerce has calculated normal
value in accordance with section 773(c)
of the Act.
In addition, pursuant to sections
776(a) and (b) of the Act because the
China-wide entity did not cooperate to
the best of its ability in responding to
Commerce’s request for data, Commerce
preliminarily has relied upon facts
otherwise available, with adverse
inferences, for the China-wide entity.
For a full description of the
methodology underlying Commerce’s
preliminary determination, see the
Preliminary Decision Memorandum.
In accordance with section 733(e)(1)
of the Act and 19 CFR 351.206(c),
Commerce preliminarily determines
that critical circumstances exist with
respect to imports of pressure washers
from China for Jiangsu Jianghuai Engine
Co., Ltd. (JD Power) and the China-wide
entity, but do not exist with respect to
the non-selected companies receiving a
separate rate. For a full description of
the methodology and results of
Commerce’s analysis, see the
Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,9 Commerce
stated that it would calculate producer/
exporter combination rates for the
respondents that are eligible for a
separate rate in this investigation.
Commerce’s Policy Bulletin 05.1
describes this practice.10
Separate Rates
In addition to JD Power, we have
preliminarily granted certain nonindividually examined respondents a
separate rate. Also, because Rato
requested a separate rate but did not
respond to Commerce’s questionnaire as
a mandatory respondent in this
investigation, we have preliminarily
denied a separate rate to Rato and are
treating it as part of the China-wide
entity.11 See the Preliminary Decision
Memorandum for details.
In calculating the rate for nonindividually examined separate rate
respondents in a non-market economy
AD investigation, Commerce normally
looks to section 735(c)(5)(A) of the Act,
which pertains to the calculation of the
all-others rate in a market economy AD
investigation, for guidance. Pursuant to
section 735(c)(5)(A) of the Act, normally
this rate shall be an amount equal to the
weighted average of the estimated AD
rate established for those companies
individually examined, excluding zero
and de minimis and any rates based
entirely under section 776 of the Act.
Commerce calculated an individual
estimated weighted-average dumping
margin for JD Power that is not zero, de
minimis, or based entirely on facts
otherwise available. Thus, the weightedaverage dumping margin calculated for
JD Power is the basis to determine the
weighted-average dumping margin for
the non-examined, separate rate
companies, using section 735(c)(5)(A) of
the Act for guidance, which provides for
the determination of the estimated
weighted-average dumping for all other
producers and exporters in a market
economy investigation. See the below
table in the ‘‘Preliminary Determination
of the Investigation’’ section of this
notice.
Preliminary Determination of the
Investigation
Commerce preliminarily determines
that the following weighted-average
dumping margins exist:
Estimated
weightedaverage
dumping
margin
(percent)
Exporter
Producer
Jiangsu Jianghuai Engine Co., Ltd ..............................
Sumec Hardware and Tools Co., Ltd ...........................
Zhejiang Danau Machine Co., Ltd ...............................
China-Wide Entity .........................................................
Jiangsu Jianghuai Engine Co., Ltd ..............................
Sumec Hardware and Tools Co., Ltd ...........................
Zhejiang Danau Machine Co., Ltd ...............................
274.37 ...........................................................................
Suspension of Liquidation
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Preliminary Affirmative Determination
of Critical Circumstances, in Part
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of subject
merchandise, as described in the scope
of the investigation section, entered, or
withdrawn from warehouse, for
consumption on or after the date of
7 See Memorandum, ‘‘Preliminary Scope Decision
Memorandum,’’ dated June 8, 2023.
8 Id.
9 See Initiation Notice, 88 FR at 4811.
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263.25
263.25
263.25
263.83
Cash
deposit
rate
(adjusted
for export
subsidy
offset(s)
(percent)
252.71
252.71
252.71
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
amount by which normal value exceeds
U.S. price, as indicated in the chart
above, as follows: (1) for the producer/
exporter combinations listed in the table
above, the cash deposit rate is equal to
the estimated weighted-average
dumping margin listed for that
combination in the table; (2) for all
combinations of Chinese producers/
exporters of subject merchandise that
have not established eligibility for their
own separate rates, the cash deposit rate
10 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.
11 See Rato’s Letter, ‘‘Notice of Intent Not to
Participate,’’ dated April 17, 2023 (Rato Declination
Letter).
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Federal Register / Vol. 88, No. 148 / Thursday, August 3, 2023 / Notices
will be equal to the estimated weightedaverage dumping margin established for
the China-wide entity; and (3) for all
third-county exporters of subject
merchandise not listed in the table
above, the cash deposit rate is the cash
deposit rate applicable to the Chinese
producer/exporter combination (or
China-wide entity) that supplied that
third-country exporter.
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 JD Power and
from the China-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 JD Power and the
China-wide entity 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.
To determine the cash deposit rate,
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of domestic
subsidy pass-through and export
subsidies determined in a companion
CVD proceeding when CVD provisional
measures are in effect. Accordingly,
where Commerce has made a
preliminary affirmative determination
for domestic subsidy pass-through or
export subsidies, Commerce offset the
calculated estimated weighted-average
dumping margin by the appropriate
rate(s). Any such adjusted rates may be
found in the Preliminary Determination
section’s chart of estimated weightedaverage dumping margins above.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation,
Commerce will direct CBP to begin
collecting cash deposits at a rate equal
to the estimated weighted-average
dumping margins calculated in this
preliminary determination unadjusted
for the passed-through domestic
subsidies or for export subsidies at the
time the CVD provisional measures
expire. These suspension of liquidation
instructions will remain in effect until
further notice.
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Disclosure
Commerce intends to disclose to
interested parties the calculations
performed in connection with this
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).
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify
information relied upon in making its
final determination.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the verification
report is issued in this investigation.
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 Note that Commerce
has modified certain of its requirements
for serving documents containing
business proprietary information until
further notice.13 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,
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 the date and time of the hearing
two days before the scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
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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51281
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the
petitioners. Pursuant to 19 CFR
351.210(e)(2), Commerce requires that
requests by respondents for
postponement of a final antidumping
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On July 10, 2023, pursuant to 19 CFR
351.210(e), JD Power timely requested
that Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months, if the preliminary
determination was affirmative.14 On
July 10, 2023, the petitioner timely
requested that Commerce fully extend
the deadline for the final determination
in the event of a negative preliminary
determination.15 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) the
preliminary determination is
affirmative; (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination, pursuant to section
735(a)(2) of the Act. Furthermore, as the
final CVD determination has been
aligned with the final AD
determination, Commerce will make its
final CVD determination no later than
135 days after the date of publication of
this preliminary determination.16
14 See JD Power’s Letter, ‘‘Request to Postpone
Final Determination,’’ dated July 10, 2023.
15 See Petitioner’s Letter, ‘‘Request to Postpone
Final Determination,’’ dated July 10, 2023.
16 See 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, 88 FR
36531 (June 5, 2023).
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Federal Register / Vol. 88, No. 148 / Thursday, August 3, 2023 / Notices
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 these imports of the subject
merchandise 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: July 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
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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
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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 99cc 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 Comments
V. Preliminary Affirmative Determination of
Critical Circumstances, in Part
VI. Discussion of the Methodology
VII. Adjustment Under Section 777A(f) of the
Act
VIII. Adjustment to Cash Deposit Rate for
Export Subsidies
IX. Currency Conversion
X. Recommendation
[FR Doc. 2023–16594 Filed 8–2–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–867]
Large Power Transformers From the
Republic of Korea: Rescission of
Antidumping Duty Administrative
Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is rescinding the
administrative review of the
antidumping duty order on large power
transformers (LPTs) from the Republic
of Korea (Korea), covering the period of
review (POR) August 1, 2021, through
July 31, 2022.
AGENCY:
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DATES:
Applicable August 3, 2023.
John
Drury, AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0195.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
On August 2, 2022, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the
antidumping duty order on LPTs from
Korea, covering the POR.1 On August
29, 2022, respondent Hyosung Heavy
Industries Corporation (Hyosung) timely
requested that Commerce conduct an
administrative review of itself,2 and on
August 31, 2022, Hitachi Energy USA,
Inc. (the petitioner) timely requested
that Commerce conduct an
administrative review of several
exporters and/or producers.3 On
October 11, 2022, Commerce published
in the Federal Register a notice of
initiation of an administrative review in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the
Act).4
On October 26, 2022, Commerce
released U.S. Customs and Border
Protection (CBP) import data, with
respect to LPTs from Korea subject to
the antidumping duty order, during the
POR, and solicited comments from
parties.5 As a result of the query to CBP,
Commerce found no suspended entries
of LPTs from Korea during the POR.6
On November 1, 2022, Iljin Electric
Co., Ltd. (Iljin) submitted a letter to
Commerce certifying that Iljin had no
exports, sales, or entries to the United
States during the POR of subject LPTs.7
On November 2, 2022, Hyosung Heavy
Industries Corporation (Hyosung)
submitted a letter to Commerce
certifying that Hyosung had no exports,
sales, or entries of subject LPTs into the
United States during the POR, as well as
withdrawing Hyosung’s request for
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 47187 (August 2, 2022).
2 See Hyosung’s Letter, ‘‘Hyosung’s Request for
Administrative Review,’’ dated August 29, 2022.
3 See Petitioner’s Letter, ‘‘Request for 2021/2022
Administrative Review,’’ dated August 31, 2022.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
61278 (October 11, 2022) (Initiation Notice).
5 See Memorandum, ‘‘Release of U.S. Customs
and Border Protection Import Data,’’ dated October
26, 2022 (CBP Data Memorandum).
6 Id.
7 See Iljin’s Letter, ‘‘No Shipments Letter,’’ dated
November 1, 2022.
E:\FR\FM\03AUN1.SGM
03AUN1
]]>Agencies
[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Notices]
[Pages 51279-51282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16594]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-148]
Gas Powered Pressure Washers From the People's Republic of China:
Preliminary Affirmative Determination of Sales at Less-Than-Fair-Value,
Preliminary Affirmative Critical Circumstances Determination, in Part,
Postponement of Final Determination, and Extension of Provisional
Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that gas powered pressure washers (pressure washers) from
the People's Republic of China (China) are being, or are likely to be,
sold in the United States at less than fair value (LTFV). The period of
investigation (POI) is April 1, 2022, through September 30, 2022.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable August 3, 2023.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla and Dusten Hom, 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) 482-3477, and (202) 482-
5075, 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 25,
2023.\1\ On May 18, 2023, Commerce postponed the preliminary
determination of this investigation to July 28, 2023.\2\ For a complete
description of the events that followed the initiation of this
investigation, see the Preliminary Decision Memorandum.\3\ 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.
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\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)
(Initiation Notice).
\2\ See Gas Powered Pressure Washers from the People's Republic
of China: Postponement of Preliminary Determination in the Less-
Than-Fair Value Investigation, 88 FR 31677 (May 18, 2023).
\3\ See Memorandum, ``Decision Memorandum for Preliminary
Determination of Sales in the Less-Than-Fair-Value 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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Scope of the Investigation
The products covered by this investigation are 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\ On
[[Page 51280]]
June 8, 2023, we issued the preliminary scope decision memorandum.\7\
For a summary of the product coverage comments and rebuttal responses
submitted to the record for this investigation, and accompanying
discussion and analysis of all comments timely received, see the
Preliminary Scope Decision Memorandum.\8\ As discussed in the
Preliminary Scope Decision Memorandum, Commerce did not modify the
scope language as it appeared in the Initiation Notice.
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\4\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble).
\5\ See Initiation Notice, 88 FR at 4812.
\6\ See Preliminary Decision Memorandum at ``IV. Scope
Comments.''
\7\ See Memorandum, ``Preliminary Scope Decision Memorandum,''
dated June 8, 2023.
\8\ Id.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Because China is a non-
market economy, within the meaning of section 771(18) of the Act,
Commerce has calculated normal value in accordance with section 773(c)
of the Act.
In addition, pursuant to sections 776(a) and (b) of the Act because
the China-wide entity did not cooperate to the best of its ability in
responding to Commerce's request for data, Commerce preliminarily has
relied upon facts otherwise available, with adverse inferences, for the
China-wide entity. For a full description of the methodology underlying
Commerce's preliminary determination, see the Preliminary Decision
Memorandum.
Preliminary Affirmative Determination of Critical Circumstances, in
Part
In accordance with section 733(e)(1) of the Act and 19 CFR
351.206(c), Commerce preliminarily determines that critical
circumstances exist with respect to imports of pressure washers from
China for Jiangsu Jianghuai Engine Co., Ltd. (JD Power) and the China-
wide entity, but do not exist with respect to the non-selected
companies receiving a separate rate. For a full description of the
methodology and results of Commerce's analysis, see the Preliminary
Decision Memorandum.
Combination Rates
In the Initiation Notice,\9\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Commerce's
Policy Bulletin 05.1 describes this practice.\10\
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\9\ See Initiation Notice, 88 FR at 4811.
\10\ 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.
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Separate Rates
In addition to JD Power, we have preliminarily granted certain non-
individually examined respondents a separate rate. Also, because Rato
requested a separate rate but did not respond to Commerce's
questionnaire as a mandatory respondent in this investigation, we have
preliminarily denied a separate rate to Rato and are treating it as
part of the China-wide entity.\11\ See the Preliminary Decision
Memorandum for details.
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\11\ See Rato's Letter, ``Notice of Intent Not to Participate,''
dated April 17, 2023 (Rato Declination Letter).
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In calculating the rate for non-individually examined separate rate
respondents in a non-market economy AD investigation, Commerce normally
looks to section 735(c)(5)(A) of the Act, which pertains to the
calculation of the all-others rate in a market economy AD
investigation, for guidance. Pursuant to section 735(c)(5)(A) of the
Act, normally this rate shall be an amount equal to the weighted
average of the estimated AD rate established for those companies
individually examined, excluding zero and de minimis and any rates
based entirely under section 776 of the Act. Commerce calculated an
individual estimated weighted-average dumping margin for JD Power that
is not zero, de minimis, or based entirely on facts otherwise
available. Thus, the weighted-average dumping margin calculated for JD
Power is the basis to determine the weighted-average dumping margin for
the non-examined, separate rate companies, using section 735(c)(5)(A)
of the Act for guidance, which provides for the determination of the
estimated weighted-average dumping for all other producers and
exporters in a market economy investigation. See the below table in the
``Preliminary Determination of the Investigation'' section of this
notice.
Preliminary Determination of the Investigation
Commerce preliminarily determines that the following weighted-
average dumping margins exist:
----------------------------------------------------------------------------------------------------------------
Cash deposit
Estimated rate
weighted- (adjusted for
Exporter Producer average export
dumping subsidy
margin offset(s)
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Jiangsu Jianghuai Engine Co., Ltd............. Jiangsu Jianghuai Engine Co., 263.25 252.71
Ltd.
Sumec Hardware and Tools Co., Ltd............. Sumec Hardware and Tools Co., 263.25 252.71
Ltd.
Zhejiang Danau Machine Co., Ltd............... Zhejiang Danau Machine Co., Ltd. 263.25 252.71
China-Wide Entity............................. 274.37.......................... 263.83
----------------------------------------------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of subject merchandise, as described in the scope of the investigation
section, 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 amount by which normal value
exceeds U.S. price, as indicated in the chart above, as follows: (1)
for the producer/exporter combinations listed in the table above, the
cash deposit rate is equal to the estimated weighted-average dumping
margin listed for that combination in the table; (2) for all
combinations of Chinese producers/exporters of subject merchandise that
have not established eligibility for their own separate rates, the cash
deposit rate
[[Page 51281]]
will be equal to the estimated weighted-average dumping margin
established for the China-wide entity; and (3) for all third-county
exporters of subject merchandise not listed in the table above, the
cash deposit rate is the cash deposit rate applicable to the Chinese
producer/exporter combination (or China-wide entity) that supplied that
third-country exporter.
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 JD Power and from the China-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 JD Power
and the China-wide entity 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.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion CVD
proceeding when CVD provisional measures are in effect. Accordingly,
where Commerce has made a preliminary affirmative determination for
domestic subsidy pass-through or export subsidies, Commerce offset the
calculated estimated weighted-average dumping margin by the appropriate
rate(s). Any such adjusted rates may be found in the Preliminary
Determination section's chart of estimated weighted-average dumping
margins above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting cash
deposits at a rate equal to the estimated weighted-average dumping
margins calculated in this preliminary determination unadjusted for the
passed-through domestic subsidies or for export subsidies at the time
the CVD provisional measures expire. These suspension of liquidation
instructions will remain in effect until further notice.
Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with this 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).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the verification report is issued in this
investigation. 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\ Note that Commerce has modified certain of
its requirements for serving documents containing business proprietary
information until further notice.\13\ 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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\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, 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 the date and time of the hearing two
days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioners. Pursuant to 19 CFR 351.210(e)(2), Commerce requires
that requests by respondents for postponement of a final antidumping
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On July 10, 2023, pursuant to 19 CFR 351.210(e), JD Power timely
requested that Commerce postpone the final determination and that
provisional measures be extended to a period not to exceed six months,
if the preliminary determination was affirmative.\14\ On July 10, 2023,
the petitioner timely requested that Commerce fully extend the deadline
for the final determination in the event of a negative preliminary
determination.\15\ In accordance with section 735(a)(2)(A) of the Act
and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary
determination is affirmative; (2) the requesting exporter accounts for
a significant proportion of exports of the subject merchandise; and (3)
no compelling reasons for denial exist, Commerce is postponing the
final determination and extending the provisional measures from a four-
month period to a period not greater than six months. Accordingly,
Commerce will make its final determination no later than 135 days after
the date of publication of this preliminary determination, pursuant to
section 735(a)(2) of the Act. Furthermore, as the final CVD
determination has been aligned with the final AD determination,
Commerce will make its final CVD determination no later than 135 days
after the date of publication of this preliminary determination.\16\
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\14\ See JD Power's Letter, ``Request to Postpone Final
Determination,'' dated July 10, 2023.
\15\ See Petitioner's Letter, ``Request to Postpone Final
Determination,'' dated July 10, 2023.
\16\ See 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, 88 FR 36531 (June 5, 2023).
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[[Page 51282]]
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 these imports of the subject merchandise 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: July 28, 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 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 99cc 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 Comments
V. Preliminary Affirmative Determination of Critical Circumstances,
in Part
VI. Discussion of the Methodology
VII. Adjustment Under Section 777A(f) of the Act
VIII. Adjustment to Cash Deposit Rate for Export Subsidies
IX. Currency Conversion
X. Recommendation
[FR Doc. 2023-16594 Filed 8-2-23; 8:45 am]
BILLING CODE 3510-DS-P
