Gas Powered Pressure Washers From the Socialist Republic of Vietnam: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, 59503-59505 [2023-18575]
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Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Notices
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For more information, contact Ms.
Springer via email.
[FR Doc. 2023–18628 Filed 8–28–23; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–008]
Gas Powered Pressure Washers From
the Socialist Republic of Vietnam:
Final Affirmative Determination of
Sales at Less Than Fair Value and
Final Affirmative Determination of
Critical Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) 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
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SUPPLEMENTARY INFORMATION:
Background
On June 15, 2023, Commerce
published in the Federal Register its
preliminary determination in the LTFV
investigation of pressure washers from
Vietnam.1 Commerce invited interested
parties to comment on the Preliminary
Determination.
For a complete description of the
events that followed the Preliminary
Determination, see the Issues and
Decision Memorandum.2 The Issues and
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 Issues and 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 gas powered pressure
washers from Vietnam. For a complete
description of the scope of this
investigation, see Appendix I.
Yvette Springer,
Committee Liaison Officer.
AGENCY:
(LTFV). The period of investigation
(POI) is April 1, 2022, through
September 30, 2022.
DATES: Applicable August 29, 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.
Analysis of Comments Received
All issues raised in case and rebuttal
briefs are discussed in the Issues and
Decision Memorandum. A list of the
issues raised in the Issues and Decision
Memorandum is attached to Appendix
II of this notice.
1 See 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, 88 FR 39221 (June 15, 2023)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination of Sales at Less Than Fair Value and
Final Affirmative Determination of Critical
Circumstance in the Investigation of Gas Powered
Pressure Washers from the Socialist Republic of
Vietnam,’’ dated concurrently with, and hereby
adopted by this notice (Issues and Decision
Memorandum).
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59503
Scope Comments
During the course of this investigation
and the concurrent LTFV and
countervailing duty investigations of
pressure washers from the People’s
Republic of China, Commerce received
scope comments from interested parties.
Commerce issued a Preliminary Scope
Memorandum to address these
comments and set aside a period of time
for parties to address scope issues in
scope-specific case and rebuttal briefs.3
We received comments from interested
parties on the Preliminary Scope
Memorandum, which we address in the
Final Scope Memorandum.4 We did not
make any changes to the scope of these
investigations from the scope published
in the Preliminary Determination, as
noted in Appendix I.
Final Affirmative Determination of
Critical Circumstances
In accordance with sections
735(a)(3)(B) and 776(a) and (b) of the
Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.206, as well as our
analysis of comments received regarding
our affirmative preliminary
determination of critical
circumstances,5 Commerce continues to
find that critical circumstances exist
with respect to imports of pressure
washers from Vietnam for the VietnamWide Entity. For a full description of the
methodology and results of Commerce’s
critical circumstances analysis, see the
Issues and Decision Memorandum.
Vietnam-Wide Entity and Use of
Adverse Facts Available (AFA)
In this final determination, consistent
with the Preliminary Determination,6
we relied solely on the application of
AFA for the Vietnam-wide entity,
pursuant to sections 776(a) and (b) of
the Act. Further, because we continue to
find that all exporters of pressure
washers from Vietnam are part of the
Vietnam-wide entity, no companies are
eligible for a separate rate. There is no
new information on the record that
would cause us to reconsider our
decision in the Preliminary
Determination. Thus, we made no
changes to our analysis or to the
Vietnam-wide entity’s dumping margin
for the final determination. For a full
description of the methodology
3 See Memorandum, ‘‘Preliminary Scope Decision
Memorandum,’’ dated June 8, 2023.
4 See Memorandum, ‘‘Final Scope Decision
Memorandum,’’ dated concurrently with this
notice.
5 See MWE Investments’ Letter, ‘‘Case Brief,’’
dated July 20, 2023 (MWE Investments’ Case Brief);
see also Petitioner’s Letter, ‘‘Rebuttal Brief,’’ dated
July 27, 2023 (Petitioner’s Rebuttal Brief).
6 See Preliminary Determination PDM at 4–9.
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Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Notices
underlying Commerce’s determination,
see the Issues and 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
this case, because no respondent
qualified for a separate rate, producer/
exporter combination rates continue to
not be calculated for this final
determination.
Final Determination
Commerce determines that the
following estimated weighted-average
dumping margin exists for the period,
April 1, 2022, through September 30,
2022:
Producer/exporter
Estimated
weightedaverage
dumping
margin
(percent)
Vietnam-Wide Entity 9 .................
225.65
Continuation of Suspension of
Liquidation
In accordance with 735(c)(4) of the
Act, because we continue to find that
critical circumstances exist, Commerce
will instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all entries of subject
merchandise, as described in Appendix
I of this notice, which were entered, or
withdrawn from warehouse, for
consumption on or after March 17,
2023, which is 90 days before the date
of publication of the Preliminary
Determination in the Federal Register.
These suspension of liquidation
instructions will remain in effect until
further notice.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), upon
the publication of this notice, we will
instruct CBP to require a cash deposit
for estimated antidumping duties for all
entries from Vietnam at the rate
indicated above.
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7 See
Initiation Notice, 88 FR at 4811.
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://access.trade.gov/Resources/policy/bull051.pdf.
9 See Issues and Decision Memorandum at section
VIII., ‘‘Application of Facts Available and Adverse
Inferences.’’
8 See
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Disclosure
Normally, Commerce discloses to
interested parties the calculations
performed in connection with a final
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 AFA rate is based
solely on the petition, there are no
calculations to disclose.
U.S. International Trade Commission
Notification
In accordance with section 735(d) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its final affirmative determination of
sales at LTFV. Because the final
determination in this investigation is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
is materially injured or threatened with
material injury by reason of imports of
pressure washers from Vietnam no later
than 45 days after our final
determination. If the ITC determines
that such injury does not exist, this
proceeding will be terminated, and all
cash deposits posted will be refunded.
If the ITC determines that such injury
does exist, Commerce will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
Commerce, antidumping duties on all
imports of the subject merchandise
entered or withdrawn from warehouse
for consumption on or after the effective
date of the suspension of liquidation, as
discussed in the ‘‘Continuation of
Suspension of Liquidation’’ section.
Administrative Protective Order
This notice serves as a final reminder
to the parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation subject to sanction.
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).
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Dated: August 22, 2023.
Abdelali Elouaradia,
Deputy 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
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
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Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Notices
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 Issues and
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
VI. Affirmative Determination of Critical
Circumstances
VII. Use of Facts Otherwise Available and
Adverse Inferences
VIII. Discussion of the Issues
Comment 1: Commerce Unlawfully
Applied AFA in its Preliminary
Determination of Critical Circumstances
Based on an Unrelated Adverse Inference
Comment 2: Commerce Unlawfully
Applied AFA by Ignoring Record Data
Demonstrating That No Massive Imports
Exist
IX. Recommendation
[FR Doc. 2023–18575 Filed 8–28–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–842]
Certain Uncoated Paper From Brazil:
Notice of Court Decision Not in
Harmony With the Results of
Antidumping Duty Administrative
Review; Notice of Amended Final
Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 18, 2023, the U.S.
Court of International Trade (CIT)
issued its final judgment in Suzano S.A.
v. United States, Court No. 21–00069,
sustaining the U.S. Department of
Commerce (Commerce)’s second
remand results pertaining to the review
of the antidumping duty (AD) order on
certain uncoated paper (paper) from
Brazil covering the period March 1,
2018, through February 28, 2019.
Commerce is notifying the public that
the CIT’s final judgment is not in
harmony with Commerce’s final results
of the administrative review, and that
Commerce is amending the final results
with respect to the dumping margin
assigned to Suzano S.A. (Suzano).
DATES: Applicable August 28, 2023.
FOR FURTHER INFORMATION CONTACT:
Rachel Jennings, AD/CVD Operations,
Office V, Enforcement and Compliance,
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AGENCY:
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International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1110.
SUPPLEMENTARY INFORMATION:
Background
On January 27, 2021, Commerce
published its final results in the 2018–
2019 AD administrative review of paper
from Brazil. Commerce declined to rely
on Suzano’s proposed financial expense
ratio calculation that excluded the
derivative losses associated with its
acquisition of Fibria Celulose S.A.
(Fibria), a pulp producer in Brazil, for
calculating Suzano’s cost of production
(COP).1 In the Final Results, Commerce
calculated a weighted-average dumping
margin of 32.31.2
Suzano appealed Commerce’s Final
Results. On August 16, 2022, the CIT
remanded the Final Results to
Commerce, holding that Commerce’s
rationale 3 for declining to rely on
Suzano’s proposed financial expense
ratio calculation was unsupported by
substantial evidence.4 Accordingly, the
CIT instructed Commerce to provide
further explanation, and, if appropriate,
to reconsider the agency’s cost analysis
pursuant to section 773(f)(1)(A) of the
Tariff Act of 1930, as amended (the
Act).5
In its first remand redetermination,
issued in November 2022, Commerce
made no changes to the Final Results,
but provided additional explanation
regarding its decision not to modify
Suzano’s COP to exclude the derivative
losses from the financial expense ratio.6
The CIT remanded for a second time,
holding that, while Commerce’s
determination that Suzano’s derivative
losses were not investment-related costs
1 See Certain Uncoated Paper from Brazil: Final
Results of Antidumping Duty Administrative
Review; 2018–2019, 86 FR 7254 (January 27, 2021)
(Final Results), and accompanying Issues and
Decision Memorandum (IDM) at Comment 1.
2 Id. 86 FR 7254.
3 In the Final Results, we explained: ‘‘While it is
Commerce’s practice to exclude only investmentrelated gains or losses from the calculation of cost
of production, the capital management mechanisms
practiced by Suzano by way of these derivative
transactions are reasonably associated with the
company’s cost of borrowing. . . . Moreover, we
disagree with Suzano’s claim that these derivative
expenses are extraordinary and stem from an
isolated event. . . . Here, the auditors who issued
an unqualified opinion on Suzano’s financial
statements did not classify the derivative expenses
as extraordinary.’’ See Final Results IDM at 5
(internal citations omitted).
4 See Suzano S.A. v. United States, 589 F. Supp.
3d 1225, 1233 (CIT 2022).
5 Id. at 1237.
6 See Final Results of Redetermination Pursuant
to Court Remand, Suzano S.A. v. United States,
Court No. 21–00069, Slip-Op 22–95, dated
November 14, 2022, available at https://
access.trade.gov/Resources/remands/22-95.pdf.
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59505
was supported by substantial evidence
and in accordance with the CIT’s
remand instructions, the determination
that Suzano’s derivative losses were not
extraordinary was not supported by
substantial evidence.7 Therefore, the
CIT remanded to Commerce for further
explanation, and if appropriate,
reconsideration, of the determination
that Suzano’s derivative expenses were
not extraordinary for purposes for the
COP calculation.8
In its final remand redetermination,
issued in July 2023, Commerce further
explained why it considers Suzano’s
derivative losses to be a result of an
expansion of the company’s normal
operations, and, therefore, not
extraordinary.9 However, upon further
review of the facts at issue, Commerce
determined that it was appropriate to
revise Suzano’s financial expense ratio
to include Fibria’s financial expenses
and cost of sales.10 Therefore,
Commerce calculated a weightedaverage dumping margin of 8.63
percent.11 The CIT sustained
Commerce’s final redetermination.12
Timken Notice
In its decision in Timken,13 as
clarified by Diamond Sawblades,14 the
U.S. Court of Appeals for the Federal
Circuit held that, pursuant to sections
516A(c) and (e) of the Act, Commerce
must publish a notice of court decision
that is not ‘‘in harmony’’ with a
Commerce determination and must
suspend liquidation of entries pending
a ‘‘conclusive’’ court decision. The CIT’s
August 18, 2023, judgment constitutes a
final decision of the CIT that is not in
harmony with Commerce’s Final
Results. Thus, this notice is published
in fulfillment of the publication
requirements of Timken.
Amended Final Results
Because there is now a final court
judgment, Commerce is amending its
Final Results with respect to Suzano as
follows:
7 See Suzano S.A. v. United States, 633 F.Supp.3d
1232, 1238 (CIT 2023).
8 Id. at 1243.
9 See Final Results of Redetermination Pursuant
to Court Remand, Suzano S.A. v. United States,
Court No. 21–00069, Slip Op. 23–56, dated July 20,
2023, at 5–11.
10 Id. at 10.
11 Id. at 24–25.
12 See Suzano S.A. v. United States, Court No.
21–00069, Slip Op. 23–117 (CIT August 18, 2023).
13 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
14 See Diamond Sawblades Manufacturers
Coalition v. United States, 626 F.3d 1374 (Fed. Cir.
2010) (Diamond Sawblades).
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]]>Agencies
[Federal Register Volume 88, Number 166 (Tuesday, August 29, 2023)]
[Notices]
[Pages 59503-59505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18575]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-008]
Gas Powered Pressure Washers From the Socialist Republic of
Vietnam: Final Affirmative Determination of Sales at Less Than Fair
Value and Final Affirmative Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) 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 (POI) is April 1, 2022, through September 30, 2022.
DATES: Applicable August 29, 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
On June 15, 2023, Commerce published in the Federal Register its
preliminary determination in the LTFV investigation of pressure washers
from Vietnam.\1\ Commerce invited interested parties to comment on the
Preliminary Determination.
---------------------------------------------------------------------------
\1\ See 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, 88 FR 39221 (June 15, 2023) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
---------------------------------------------------------------------------
For a complete description of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\2\
The Issues and 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 Issues and Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of Sales at Less Than Fair Value and
Final Affirmative Determination of Critical Circumstance in the
Investigation of Gas Powered Pressure Washers from the Socialist
Republic of Vietnam,'' dated concurrently with, and hereby adopted
by this notice (Issues and 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.
Analysis of Comments Received
All issues raised in case and rebuttal briefs are discussed in the
Issues and Decision Memorandum. A list of the issues raised in the
Issues and Decision Memorandum is attached to Appendix II of this
notice.
Scope Comments
During the course of this investigation and the concurrent LTFV and
countervailing duty investigations of pressure washers from the
People's Republic of China, Commerce received scope comments from
interested parties. Commerce issued a Preliminary Scope Memorandum to
address these comments and set aside a period of time for parties to
address scope issues in scope-specific case and rebuttal briefs.\3\ We
received comments from interested parties on the Preliminary Scope
Memorandum, which we address in the Final Scope Memorandum.\4\ We did
not make any changes to the scope of these investigations from the
scope published in the Preliminary Determination, as noted in Appendix
I.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Preliminary Scope Decision Memorandum,''
dated June 8, 2023.
\4\ See Memorandum, ``Final Scope Decision Memorandum,'' dated
concurrently with this notice.
---------------------------------------------------------------------------
Final Affirmative Determination of Critical Circumstances
In accordance with sections 735(a)(3)(B) and 776(a) and (b) of the
Tariff Act of 1930, as amended (the Act) and 19 CFR 351.206, as well as
our analysis of comments received regarding our affirmative preliminary
determination of critical circumstances,\5\ Commerce continues to find
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 Issues and Decision Memorandum.
---------------------------------------------------------------------------
\5\ See MWE Investments' Letter, ``Case Brief,'' dated July 20,
2023 (MWE Investments' Case Brief); see also Petitioner's Letter,
``Rebuttal Brief,'' dated July 27, 2023 (Petitioner's Rebuttal
Brief).
---------------------------------------------------------------------------
Vietnam-Wide Entity and Use of Adverse Facts Available (AFA)
In this final determination, consistent with the Preliminary
Determination,\6\ we relied solely on the application of AFA for the
Vietnam-wide entity, pursuant to sections 776(a) and (b) of the Act.
Further, because we continue to find that all exporters of pressure
washers from Vietnam are part of the Vietnam-wide entity, no companies
are eligible for a separate rate. There is no new information on the
record that would cause us to reconsider our decision in the
Preliminary Determination. Thus, we made no changes to our analysis or
to the Vietnam-wide entity's dumping margin for the final
determination. For a full description of the methodology
[[Page 59504]]
underlying Commerce's determination, see the Issues and Decision
Memorandum.
---------------------------------------------------------------------------
\6\ See Preliminary Determination PDM at 4-9.
---------------------------------------------------------------------------
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 this case, because no respondent
qualified for a separate rate, producer/exporter combination rates
continue to not be calculated for this final determination.
---------------------------------------------------------------------------
\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://access.trade.gov/Resources/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Final Determination
Commerce determines that the following estimated weighted-average
dumping margin exists for the period, April 1, 2022, through September
30, 2022:
------------------------------------------------------------------------
Estimated
weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Vietnam-Wide Entity \9\.................................... 225.65
------------------------------------------------------------------------
Continuation of Suspension of Liquidation
In accordance with 735(c)(4) of the Act, because we continue to
find that critical circumstances exist, Commerce will instruct U.S.
Customs and Border Protection (CBP) to continue to suspend liquidation
of all entries of subject merchandise, as described in Appendix I of
this notice, which were entered, or withdrawn from warehouse, for
consumption on or after March 17, 2023, which is 90 days before the
date of publication of the Preliminary Determination in the Federal
Register. These suspension of liquidation instructions will remain in
effect until further notice.
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\9\ See Issues and Decision Memorandum at section VIII.,
``Application of Facts Available and Adverse Inferences.''
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Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon the publication of this notice, we will instruct CBP
to require a cash deposit for estimated antidumping duties for all
entries from Vietnam at the rate indicated above.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a final 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 AFA rate is
based solely on the petition, there are no calculations to disclose.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its final affirmative
determination of sales at LTFV. Because the final determination in this
investigation is affirmative, in accordance with section 735(b)(2) of
the Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured or
threatened with material injury by reason of imports of pressure
washers from Vietnam no later than 45 days after our final
determination. If the ITC determines that such injury does not exist,
this proceeding will be terminated, and all cash deposits posted will
be refunded. If the ITC determines that such injury does exist,
Commerce will issue an antidumping duty order directing CBP to assess,
upon further instruction by Commerce, antidumping duties on all imports
of the subject merchandise entered or withdrawn from warehouse for
consumption on or after the effective date of the suspension of
liquidation, as discussed in the ``Continuation of Suspension of
Liquidation'' section.
Administrative Protective Order
This notice serves as a final reminder to the parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation subject
to sanction.
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: August 22, 2023.
Abdelali Elouaradia,
Deputy 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 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
[[Page 59505]]
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
VI. Affirmative Determination of Critical Circumstances
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Discussion of the Issues
Comment 1: Commerce Unlawfully Applied AFA in its Preliminary
Determination of Critical Circumstances Based on an Unrelated
Adverse Inference
Comment 2: Commerce Unlawfully Applied AFA by Ignoring Record
Data Demonstrating That No Massive Imports Exist
IX. Recommendation
[FR Doc. 2023-18575 Filed 8-28-23; 8:45 am]
BILLING CODE 3510-DS-P
