Gas Powered Pressure Washers From the Socialist Republic of Vietnam: Antidumping Duty Order, 73311-73313 [2023-23612]
Download as PDF
<![CDATA[
Federal Register / Vol. 88, No. 205 / Wednesday, October 25, 2023 / Notices
This Order, which constitutes the
final agency action in this matter, is
effective immediately.
Matthew S. Axelrod,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 2023–23571 Filed 10–24–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–008]
Gas Powered Pressure Washers From
the Socialist Republic of Vietnam:
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC),
Commerce is issuing an antidumping
duty order on gas powered pressure
washers (pressure washers) from the
Socialist Republic of Vietnam
(Vietnam).
AGENCY:
DATES:
Applicable October 25, 2023.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita or Matthew Palmer, AD/
CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4243 and (202) 482–1678,
respectively.
SUPPLEMENTARY INFORMATION:
Background
lotter on DSK11XQN23PROD with NOTICES1
On August 29, 2023, Commerce
published its affirmative final
determination in the less-than-fair-value
(LTFV) investigation of pressure
washers from Vietnam.1 On October 13,
2023, the ITC notified Commerce of its
final determination, pursuant to section
735(d) of the Tariff Act of 1930, as
amended (the Act), that an industry in
the United States is materially injured
within the meaning of section
735(b)(1)(A)(i) of the Act by reason of
LTFV imports of pressure washers from
Vietnam.2
1 See 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, 88 FR 59503 (August 29, 2023).
2 See ITC’s Letter, Notification Letter:
Investigation No. 731–TA–1598 (Final), dated
October 13, 2023.
VerDate Sep<11>2014
17:01 Oct 24, 2023
Jkt 262001
73311
Scope of the Order
The products covered by this order
are gas powered pressure washers from
Vietnam. For a complete description of
the scope of this order, see the appendix
to this notice.
the notice of the ITC’s final affirmative
injury determination, CBP will require,
at the same time as importers would
normally deposit estimated duties on
subject merchandise, a cash deposit
equal to the rate listed below.
Antidumping Duty Order
On October 13, 2023, in accordance
with section 735(d) of the Act, the ITC
notified Commerce of its final
determination in this investigation, in
which it found that an industry in the
United States is materially injured by
reason of imports of pressure washers
from Vietnam.3 Therefore, in
accordance with section 735(c)(2) of the
Act, Commerce is issuing this
antidumping duty order. Because the
ITC determined that imports of pressure
washers from Vietnam materially injure
a U.S. industry, unliquidated entries of
such merchandise from Vietnam,
entered or withdrawn from warehouse
for consumption, are subject to the
assessment of antidumping duties.
Therefore, in accordance with section
736(a)(1) of the Act, Commerce will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise, for all
relevant entries of pressure washers
from Vietnam. Antidumping duties will
be assessed on unliquidated entries of
pressure washers from Vietnam entered,
or withdrawn from warehouse, for
consumption, on or after June 15, 2023,
the date of publication of the
Preliminary Determination in the
Federal Register, except as noted in the
‘‘Provisional Measures’’ section below.4
Estimated Weighted-Average Dumping
Margin
The estimated weighted-average
dumping margin is as follows:
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, Commerce will
instruct CBP to continue to suspend
liquidation on all relevant entries of
pressure washers from Vietnam, except
as noted below. These instructions
suspending liquidation will remain in
effect until further notice.
Commerce will also instruct CBP to
require cash deposits equal to the
estimated weighted-average dumping
margin indicated in the table below.
Accordingly, effective on the date of
publication in the Federal Register of
3 Id.
4 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).
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
Exporter/producer
Vietnam-Wide Entity ...................
Estimated
weightedaverage
dumping
margin
(percent)
225.86
Critical Circumstances
With respect to the ITC’s negative
critical circumstances determination on
imports of pressure washers from
Vietnam, Commerce intends to instruct
CBP to lift suspension and to refund any
cash deposits made to secure the
payment of estimated antidumping
duties with respect to entries of the
subject merchandise from Vietnam
entered, or withdrawn from warehouse,
for consumption on or after March 17,
2023 (i.e., 90 days prior to the date of
the publication of the Preliminary
Determination), but before June 15, 2023
(i.e., the date of publication of the
Preliminary Determination).
Provisional Measures
Section 733(d) of the Act states that
suspension of liquidation pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except where exporters
representing a significant proportion of
exports of the subject merchandise
request that Commerce extend the fourmonth period to no more than six
months. None of the exporters of
pressure washers requested Commerce
to extend the four-month period to six
months in this investigation.
The provisional measures period,
beginning on the date of publication of
the Preliminary Determination, ended
on October 12, 2023. Therefore, in
accordance with section 733(d) of the
Act, Commerce will instruct CBP to
terminate the suspension of liquidation
and to liquidate, without regard to
antidumping duties, unliquidated
entries of pressure washers from
Vietnam entered, or withdrawn from
warehouse, for consumption after
October 12, 2023, the final day on
which the provisional measures were in
effect, until and through the day
preceding the date of publication of the
ITC’s final affirmative injury
E:\FR\FM\25OCN1.SGM
25OCN1
73312
Federal Register / Vol. 88, No. 205 / Wednesday, October 25, 2023 / Notices
determinations in the Federal Register.
Suspension of liquidation and the
collection of cash deposits will resume
on the date of publication of the ITC’s
final determination in the Federal
Register.
lotter on DSK11XQN23PROD with NOTICES1
Establishment of the Annual Inquiry
Service Lists
On September 20, 2021, Commerce
published the final rule titled
‘‘Regulations to Improve Administration
and Enforcement of Antidumping and
Countervailing Duty Laws’’ in the
Federal Register.5 On September 27,
2021, Commerce also published the
notice titled ‘‘Scope Ruling Application;
Annual Inquiry Service List; and
Informational Sessions’’ in the Federal
Register.6 The Final Rule and
Procedural Guidance provide that
Commerce will maintain an annual
inquiry service list for each order or
suspended investigation, and any
interested party submitting a scope
ruling application or request for
circumvention inquiry shall serve a
copy of the application or request on the
persons on the annual inquiry service
list for that order, as well as any
companion order covering the same
merchandise from the same country of
origin.7
In accordance with the Procedural
Guidance, for orders published in the
Federal Register after November 4,
2021, Commerce will create an annual
inquiry service list segment in
Commerce’s online e-filing and
document management system,
Antidumping and Countervailing Duty
Electronic Service System (ACCESS),
available at https://access.trade.gov,
within five business days of publication
of the notice of the order. Each annual
inquiry service list will be saved in
ACCESS, under each case number, and
under a specific segment type called
‘‘AISL-Annual Inquiry Service List.’’ 8
Interested parties who wish to be
added to the annual inquiry service list
5 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300 (September 20, 2021)
(Final Rule).
6 See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021) (Procedural Guidance).
7 Id.
8 This segment will be combined with the
ACCESS Segment Specific Information (SSI) field
which will display the month in which the notice
of the order or suspended investigation was
published in the Federal Register, also known as
the anniversary month. For example, for an order
under case number A–000–000 that was published
in the Federal Register in January, the relevant
segment and SSI combination will appear in
ACCESS as ‘‘AISL-January Anniversary.’’ Note that
there will be only one annual inquiry service list
segment per case number, and the anniversary
month will be pre-populated in ACCESS.
VerDate Sep<11>2014
17:01 Oct 24, 2023
Jkt 262001
for an order must submit an entry of
appearance to the annual inquiry
service list segment for the order in
ACCESS within 30 days after the date of
publication of the order. For ease of
administration, Commerce requests that
law firms with more than one attorney
representing interested parties in an
order designate a lead attorney to be
included on the annual inquiry service
list. Commerce will finalize the annual
inquiry service list within five business
days thereafter. As mentioned in the
Procedural Guidance,9 the new annual
inquiry service list will be in place until
the following year, when the
Opportunity Notice for the anniversary
month of the order is published.
Commerce may update an annual
inquiry service list at any time as
needed based on interested parties’
amendments to their entries of
appearance to remove or otherwise
modify their list of members and
representatives, or to update contact
information. Any changes or
announcements pertaining to these
procedures will be posted to the
ACCESS website at https://
access.trade.gov.
Special Instructions for Petitioners and
Foreign Governments
In the Final Rule, Commerce stated
that, ‘‘after an initial request and
placement on the annual inquiry service
list, both petitioners and foreign
governments will automatically be
placed on the annual inquiry service list
in the years that follow.’’ 10
Accordingly, as stated above, the
petitioner and Government of Vietnam
should submit their initial entries of
appearance after publication of this
notice in order to appear in the first
annual inquiry service lists for this
order. Pursuant to 19 CFR 351.225(n)(3),
the petitioner and the Government of
Vietnam will not need to resubmit their
entries of appearance each year to
continue to be included on the annual
inquiry service list. However, the
petitioner and the Government of
Vietnam are responsible for making
amendments to their entries of
appearance during the annual update to
the annual inquiry service list in
accordance with the procedures
described above.
Notification to Interested Parties
This notice constitutes the
antidumping duty order with respect to
pressure washers from Vietnam
pursuant to section 736(a) of the Act.
Interested parties can find a list of
9 See
Procedural Guidance.
Final Rule, 86 FR at 52335.
10 See
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
antidumping duty orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
This antidumping duty order is
published in accordance with sections
735(e) and 736(a) of the Act and 19 CFR
351.224(e) and 19 CFR 351.211(b).
Dated: October 19, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
Scope of the Order
The merchandise covered by this order 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 order 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
order 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 order, 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 order 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 order 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 order 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
E:\FR\FM\25OCN1.SGM
25OCN1
Federal Register / Vol. 88, No. 205 / Wednesday, October 25, 2023 / Notices
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 order 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.
[FR Doc. 2023–23612 Filed 10–24–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–157]
Aluminum Lithographic Printing Plates
From the People’s Republic of China:
Initiation of Countervailing Duty
Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable October 18, 2023.
FOR FURTHER INFORMATION CONTACT:
Terre Keaton Stefanova, AD/CVD
Operations, Office IX, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1280.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
lotter on DSK11XQN23PROD with NOTICES1
On September 28, 2023, the U.S.
Department of Commerce (Commerce)
received a countervailing duty (CVD)
petition concerning imports of
aluminum lithographic printing plates
(printing plates) from the People’s
Republic of China (China) filed in
proper form on behalf of Eastman Kodak
Company (the petitioner).1 The CVD
petition was accompanied by
antidumping duty (AD) petitions
concerning imports of printing plates
from China and Japan.2
On October 2 and 3, 2023, Commerce
requested supplemental information
pertaining to certain aspects of the
Petition.3 On October 5 and 6, 2023, the
1 See Petitioner’s Letter, ‘‘Aluminum Lithographic
Printing Plates from China and Japan—Petition for
the Imposition of Antidumping and Countervailing
Duties,’’ dated September 28, 2023 (Petition).
2 Id.
3 See Commerce’s Letters, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Aluminum Lithographic
Printing Plates from the People’s Republic of China
VerDate Sep<11>2014
17:01 Oct 24, 2023
Jkt 262001
petitioner filed timely responses to
these requests for additional
information.4
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of China (GOC) is
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to producers of
printing plates in China, and that such
imports are materially injuring, or
threatening material injury to, the
domestic industry producing printing
plates in the United States. Consistent
with section 702(b)(1) of the Act and 19
CFR 351.202(b), for those alleged
programs on which we are initiating a
CVD investigation, the Petition is
supported by information reasonably
available to the petitioner.
Commerce finds that the petitioner
filed the Petition on behalf of the
domestic industry because the
petitioner is an interested party, as
defined in section 771(9)(C) of the Act.5
Commerce also finds that the petitioner
demonstrated sufficient industry
support with respect to the initiation of
the requested CVD investigation.6
Period of Investigation
Because the Petition was filed on
September 28, 2023, pursuant to 19 CFR
351.204(b)(2), the period of
investigation (POI) is January 1, 2022,
through December 31, 2022.
Scope of the Investigation
The products covered by this
investigation are printing plates from
China. For a full description of the
scope of this investigation, see the
appendix to this notice.
Comments on Scope of the Investigation
On October 2, 2023, Commerce
requested information and clarification
from the petitioner regarding the
proposed scope to ensure that the scope
language in the Petition is an accurate
and Japan: Supplemental Questions,’’ dated October
2, 2023 (General Issues Questionnaire); and
‘‘Petition for the Imposition of Antidumping Duties
on Imports of Aluminum Lithographic Printing
Plates from the People’s Republic of China:
Supplemental Questions,’’ dated October 3, 2023.
4 See Petitioner’s Letters, ‘‘Aluminum
Lithographic Printing Plates from China and
Japan—Petitioner’s Supplement to Volume I
Relating to Request for the Imposition of
Antidumping and Countervailing Duties on Imports
from China and Japan,’’ dated October 5, 2023
(General Issues Supplement); and ‘‘Aluminum
Lithographic Printing Plates from the People’s
Republic of China—Petitioner’s Supplemental
Questionnaire Response and Amendment to
Volume IV Relating to Countervailing Duties,’’
dated October 6, 2023.
5 See Petition at Volume I (page 2).
6 See, infra, section on ‘‘Determination of Industry
Support for the Petition.’’
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
73313
reflection of the products for which the
domestic industry is seeking relief.7 On
October 5, 2023, the petitioner revised
the scope.8 The description of
merchandise covered by this
investigation, as described in the
appendix to this notice, reflects these
clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for parties to raise issues
regarding product coverage (i.e., scope).9
Commerce will consider all scope
comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determination. If scope comments
include factual information, all such
factual information should be limited to
public information.10 To facilitate
preparation of its questionnaires,
Commerce requests that scope
comments be submitted by 5:00 p.m.
Eastern Time (ET) on November 7, 2023,
which is 20 calendar days from the
signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on November 17, 2023,
which is ten calendar days from the
initial comment deadline.
Commerce requests that any factual
information that the parties consider
relevant to the scope of the investigation
be submitted during that period.
However, if a party subsequently finds
that additional factual information
pertaining to the scope of the
investigation may be relevant, the party
must contact Commerce and request
permission to submit the additional
information. All such submissions must
be filed on the record of each of the
concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance’s Antidumping Duty and
Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.11 An
7 See
General Issues Questionnaire.
General Issues Supplement at 2–7 and
Attachments 1–3.
9 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see
also 19 CFR 351.312.
10 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
11 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014), for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on using
ACCESS can be found at: https://access.trade.gov/
8 See
E:\FR\FM\25OCN1.SGM
Continued
25OCN1
]]>Agencies
[Federal Register Volume 88, Number 205 (Wednesday, October 25, 2023)]
[Notices]
[Pages 73311-73313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23612]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-008]
Gas Powered Pressure Washers From the Socialist Republic of
Vietnam: Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing an antidumping duty order on gas
powered pressure washers (pressure washers) from the Socialist Republic
of Vietnam (Vietnam).
DATES: Applicable October 25, 2023.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Matthew Palmer, AD/
CVD Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4243 and (202) 482-1678,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 29, 2023, Commerce published its affirmative final
determination in the less-than-fair-value (LTFV) investigation of
pressure washers from Vietnam.\1\ On October 13, 2023, the ITC notified
Commerce of its final determination, pursuant to section 735(d) of the
Tariff Act of 1930, as amended (the Act), that an industry in the
United States is materially injured within the meaning of section
735(b)(1)(A)(i) of the Act by reason of LTFV imports of pressure
washers from Vietnam.\2\
---------------------------------------------------------------------------
\1\ See 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, 88 FR 59503 (August 29, 2023).
\2\ See ITC's Letter, Notification Letter: Investigation No.
731-TA-1598 (Final), dated October 13, 2023.
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order are gas powered pressure washers
from Vietnam. For a complete description of the scope of this order,
see the appendix to this notice.
Antidumping Duty Order
On October 13, 2023, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determination in this
investigation, in which it found that an industry in the United States
is materially injured by reason of imports of pressure washers from
Vietnam.\3\ Therefore, in accordance with section 735(c)(2) of the Act,
Commerce is issuing this antidumping duty order. Because the ITC
determined that imports of pressure washers from Vietnam materially
injure a U.S. industry, unliquidated entries of such merchandise from
Vietnam, entered or withdrawn from warehouse for consumption, are
subject to the assessment of antidumping duties.
---------------------------------------------------------------------------
\3\ Id.
---------------------------------------------------------------------------
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of pressure washers from Vietnam. Antidumping duties
will be assessed on unliquidated entries of pressure washers from
Vietnam entered, or withdrawn from warehouse, for consumption, on or
after June 15, 2023, the date of publication of the Preliminary
Determination in the Federal Register, except as noted in the
``Provisional Measures'' section below.\4\
---------------------------------------------------------------------------
\4\ 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).
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct CBP to continue to suspend liquidation on all relevant entries
of pressure washers from Vietnam, except as noted below. These
instructions suspending liquidation will remain in effect until further
notice.
Commerce will also instruct CBP to require cash deposits equal to
the estimated weighted-average dumping margin indicated in the table
below. Accordingly, effective on the date of publication in the Federal
Register of the notice of the ITC's final affirmative injury
determination, CBP will require, at the same time as importers would
normally deposit estimated duties on subject merchandise, a cash
deposit equal to the rate listed below.
Estimated Weighted-Average Dumping Margin
The estimated weighted-average dumping margin is as follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Vietnam-Wide Entity......................................... 225.86
------------------------------------------------------------------------
Critical Circumstances
With respect to the ITC's negative critical circumstances
determination on imports of pressure washers from Vietnam, Commerce
intends to instruct CBP to lift suspension and to refund any cash
deposits made to secure the payment of estimated antidumping duties
with respect to entries of the subject merchandise from Vietnam
entered, or withdrawn from warehouse, for consumption on or after March
17, 2023 (i.e., 90 days prior to the date of the publication of the
Preliminary Determination), but before June 15, 2023 (i.e., the date of
publication of the Preliminary Determination).
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
None of the exporters of pressure washers requested Commerce to extend
the four-month period to six months in this investigation.
The provisional measures period, beginning on the date of
publication of the Preliminary Determination, ended on October 12,
2023. Therefore, in accordance with section 733(d) of the Act, Commerce
will instruct CBP to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, unliquidated entries
of pressure washers from Vietnam entered, or withdrawn from warehouse,
for consumption after October 12, 2023, the final day on which the
provisional measures were in effect, until and through the day
preceding the date of publication of the ITC's final affirmative injury
[[Page 73312]]
determinations in the Federal Register. Suspension of liquidation and
the collection of cash deposits will resume on the date of publication
of the ITC's final determination in the Federal Register.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\5\ On September
27, 2021, Commerce also published the notice titled ``Scope Ruling
Application; Annual Inquiry Service List; and Informational Sessions''
in the Federal Register.\6\ The Final Rule and Procedural Guidance
provide that Commerce will maintain an annual inquiry service list for
each order or suspended investigation, and any interested party
submitting a scope ruling application or request for circumvention
inquiry shall serve a copy of the application or request on the persons
on the annual inquiry service list for that order, as well as any
companion order covering the same merchandise from the same country of
origin.\7\
---------------------------------------------------------------------------
\5\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\6\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\7\ Id.
---------------------------------------------------------------------------
In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \8\
---------------------------------------------------------------------------
\8\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
---------------------------------------------------------------------------
Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance,\9\ the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
---------------------------------------------------------------------------
\9\ See Procedural Guidance.
---------------------------------------------------------------------------
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at https://access.trade.gov.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \10\ Accordingly, as stated
above, the petitioner and Government of Vietnam should submit their
initial entries of appearance after publication of this notice in order
to appear in the first annual inquiry service lists for this order.
Pursuant to 19 CFR 351.225(n)(3), the petitioner and the Government of
Vietnam will not need to resubmit their entries of appearance each year
to continue to be included on the annual inquiry service list. However,
the petitioner and the Government of Vietnam are responsible for making
amendments to their entries of appearance during the annual update to
the annual inquiry service list in accordance with the procedures
described above.
---------------------------------------------------------------------------
\10\ See Final Rule, 86 FR at 52335.
---------------------------------------------------------------------------
Notification to Interested Parties
This notice constitutes the antidumping duty order with respect to
pressure washers from Vietnam pursuant to section 736(a) of the Act.
Interested parties can find a list of antidumping duty orders currently
in effect at https://enforcement.trade.gov/stats/iastats1.html.
This antidumping duty order is published in accordance with
sections 735(e) and 736(a) of the Act and 19 CFR 351.224(e) and 19 CFR
351.211(b).
Dated: October 19, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The merchandise covered by this order 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 order 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 order 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 order, 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 order 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 order 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 order 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
[[Page 73313]]
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
order 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.
[FR Doc. 2023-23612 Filed 10-24-23; 8:45 am]
BILLING CODE 3510-DS-P
