Notice2023-01477
Gas Powered Pressure Washers From the People's Republic of China and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 25, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 88 Issue 16 (Wednesday, January 25, 2023)</title>
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[Federal Register Volume 88, Number 16 (Wednesday, January 25, 2023)]
[Notices]
[Pages 4807-4812]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01477]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-148, A-552-008]
Gas Powered Pressure Washers From the People's Republic of China
and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-
Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable January 19, 2023.
FOR FURTHER INFORMATION CONTACT: Dusten Hom (the People's Republic of
China (China)) or Matthew Palmer (the Socialist Republic of Vietnam
(Vietnam), AD/CVD Operations, Offices I and III, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-5075 or (202) 482-1678, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On December 30, 2022,\1\ the U.S. Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of gas
powered pressure washers (pressure washers) from China and Vietnam,
filed in proper form on behalf of FNA Group, Inc. (the petitioner), a
domestic producer of pressure washers.\2\ These AD petitions were
accompanied by a countervailing duty (CVD) petition concerning imports
of pressure washers from China.\3\
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\1\ See Memorandum, ``Decision Memorandum Concerning the Filing
Date of the Petitions,'' dated December 30, 2022.
\2\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Gas Powered
Pressure Washers from the People's Republic of China and the
Socialist Republic of Vietnam,'' dated December 30, 2022
(Petitions).
\3\ Id.
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On January 4 and 11, 2023, Commerce requested supplemental
information pertaining to certain aspects of the Petitions in separate
supplemental questionnaires.\4\ The petitioner filed
[[Page 4808]]
timely responses to the supplemental questionnaires on January 9, 10,
and 12, 2023.\5\
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\4\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Gas Powered
Pressure Washers from the People's Republic of China and the
Socialist Republic of Vietnam: Supplemental Questions,'' dated
January 4, 2023 (General Issues Supplemental Questionnaire);
``Petition for the Imposition of Antidumping Duties on Imports of
Gas Powered Pressure Washers from the People's Republic of China:
Supplemental Questions,'' dated January 4, 2023; and ``Petition for
the Imposition of Antidumping Duties on Imports of Gas Powered
Pressure Washers from Vietnam: Supplemental Questions,'' dated
January 4, 2023; see also Memorandum, ``Phone Call with Counsel to
the Petitioner,'' dated January 11, 2023 (General Issues
Memorandum).
\5\ See Petitioner's Letters, `` Gas Powered Pressure Washers
from the People's Republic of China and the Socialist Republic of
Vietnam: Supplemental Questionnaire Response--China,'' dated January
9, 2023; ``Gas Powered Pressure Washers from the People's Republic
of China and the Socialist Republic of Vietnam: Supplemental
Questionnaire Response--Vietnam,'' dated January 9, 2023; ``Gas
Powered Pressure Washers from the People's Republic of China and the
Socialist Republic of Vietnam: Supplemental Questionnaire Response--
General Issues,'' dated January 10, 2023 (First General Issues
Supplement); and ``Gas Powered Pressure Washers from the People's
Republic of China and the Socialist Republic of Vietnam: 2nd
Supplemental Questionnaire Response--General Issues,'' dated January
12, 2023 (Second General Issues Supplement).
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of pressure
washers from China and Vietnam are being, or are likely to be, sold in
the United States at less than fair value (LTFV) within the meaning of
section 731 of the Act, and that imports of such products are
materially injuring, or threatening material injury to, the pressure
washer industry in the United States. Consistent with section 732(b)(1)
of the Act, the Petitions are accompanied by information reasonably
available to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(C) of the Act. Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested AD investigations.\6\
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\6\ See infra, section on ``Determination of Industry Support
for the Petitions.''
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Periods of Investigation
Because the Petitions were filed on December 30, 2022, and China
and Vietnam are non-market economy (NME) countries, pursuant to 19 CFR
351.204(b)(1), the period of investigation (POI) for the China and
Vietnam AD investigations is April 1, 2022, through September 30, 2022.
Scope of the Investigations
The products covered by these investigations are pressure washers
from China and Vietnam. For a full description of the scope of these
investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On January 4, 2023, Commerce requested information from the
petitioner regarding the proposed scope to ensure that the scope
language in the Petitions is an accurate reflection of the products for
which the domestic industry is seeking relief.\7\ On January 10, 2023,
the petitioner revised the scope language.\8\ The description of
merchandise covered by these investigations, as described in the
appendix to this notice, reflects these clarifications.
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\7\ See General Issues Supplemental Questionnaire.
\8\ See First General Issues Supplement at 1-5 and Exhibit Supp
I-3.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\9\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information,\10\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit such comments by 5:00 p.m. Eastern Time
(ET) on February 8, 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 February 21, 2023, which
is ten calendar days from the initial comment deadline.\11\
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\9\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\11\ The deadline for scope rebuttal comments falls on Saturday,
February 18, 2023, and the following Monday is February 20, 2023,
which is a Federal holiday. Commerce's practice dictates that where
a deadline falls on a weekend or Federal holiday, the appropriate
deadline is the next business day (in this instance, Tuesday,
February 21, 2023). See Notice of Clarification: Application of
``Next Business Day'' Rule for Administrative Determination
Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR
24533 (May 10, 2005) (Notice of Clarification).
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Commerce requests that any factual information that parties
consider relevant to the scope of the investigations be submitted
during this period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party may contact Commerce and
request permission to submit the additional information. All such
submissions must be filed on the records 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.\12\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\12\ 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 help using
ACCESS can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a
handbook can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>).
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of pressure washers to be
reported in response to Commerce's AD questionnaires. This information
will be used to identify the key physical characteristics of the
subject merchandise in order to report the relevant factors of
production (FOP) accurately, as well as to develop appropriate product
comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. In order to consider the suggestions of
interested parties in developing and issuing the AD questionnaires, all
product characteristics comments must be filed by 5:00 p.m. ET on
February 8, 2023, which is 20 calendar days from the signature date of
this notice.\13\ Any rebuttal comments must be filed by 5:00 p.m. ET on
February 21, 2023.\14\ All comments and submissions to Commerce must be
filed electronically using ACCESS, as explained above, on the record of
each of the AD investigations.
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\13\ See 19 CFR 351.303(b)(1).
\14\ The deadline for product characteristics rebuttal comments
falls on Saturday, February 18, 2023, and the following Monday is
February 20, 2023, which is a Federal holiday. Commerce's practice
dictates that where a deadline falls on a weekend or Federal
holiday, the appropriate deadline is the next business day (in this
instance, Tuesday, February 21, 2023). See Notice of Clarification.
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[[Page 4809]]
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\15\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\16\
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\15\ See section 771(10) of the Act.
\16\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\17\ Based on our analysis of the information
submitted on the record, we have determined that pressure washers, as
defined in the scope, constitute a single domestic like product, and we
have analyzed industry support in terms of that domestic like
product.\18\
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\17\ See Petitions at Volume I (pages I-7 through I-12, I-19,
and Exhibits I-14 and I-16); see also First General Issues
Supplement at 9-16 and Exhibits Supp I-8 through Supp I-11.
\18\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklist, ``Gas Powered Pressure Washers from the People's
Republic of China,'' dated concurrently with this notice (China AD
Checklist); and Checklist, ``Gas Powered Pressure Washers from the
Socialist Republic of Vietnam,'' dated concurrently with this notice
(Vietnam AD Checklist) (collectively, Country-Specific AD Initiation
Checklists), at Attachment II (Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions Covering Gas Powered
Pressure Washers from the People's Republic of China and the
Socialist Republic of Vietnam).
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In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
own production in 2021 and compared this to the estimated 2021
production of the domestic like product for the entire U.S. pressure
washers industry.\19\ The petitioner estimated total production for the
industry by multiplying the estimated U.S. shipments for the entire
domestic industry by the ratio of the petitioner's production to U.S.
shipments.\20\ We relied on data provided by the petitioner for
purposes of measuring industry support.\21\
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\19\ See Petitions at Volume I (pages I-3 through I-4 and
Exhibit I-2); see also First General Issues Supplement at 5-9 and
Exhibits Supp I-4 through I-Supp I-7; and Second General Issues
Supplement at 1-2 and Exhibit S2 I-1.
\20\ See Petitions at Volume I (pages I-3 through I-4 and
Exhibit I-2); see also First General Issues Supplement at 5-9 and
Exhibit Supp I-5; and Second General Issues Supplement at 1-2 and
Exhibit S2 I-1.
\21\ See Petitions at Volume I (pages I-3 through I-4 and
Exhibits I-1 and I-2); see also First General Issues Supplement at
5-9 and Exhibit Supp I-5; and Second General Issues Supplement at 1-
2 and Exhibit S2 I-1. For further discussion, see Attachment II of
the Country-Specific AD Initiation Checklists.
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Our review of the data provided in the Petitions, the First General
Issues Supplement, the Second General Issues Supplement, and other
information readily available to Commerce indicates that the petitioner
has established industry support for the Petitions.\22\ First, the
Petitions established support from domestic producers (or workers)
accounting for more than 50 percent of the total production of the
domestic like product and, as such, Commerce is not required to take
further action in order to evaluate industry support (e.g.,
polling).\23\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 732(c)(4)(A)(i)
of the Act because the domestic producers (or workers) who support the
Petitions account for at least 25 percent of the total production of
the domestic like product.\24\ Finally, the domestic producers (or
workers) have met the statutory criteria for industry support under
section 732(c)(4)(A)(ii) of the Act because the domestic producers (or
workers) who support the Petitions account for more than 50 percent of
the production of the domestic like product produced by that portion of
the industry expressing support for, or opposition to, the
Petitions.\25\ Accordingly, Commerce determines that the Petitions were
filed on behalf of the domestic industry within the meaning of section
732(b)(1) of the Act.\26\
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\22\ See Petitions at Volume I (pages I-3 through I-4 and
Exhibits I-1 through I-2); see also First General Issues Supplement
at 5-9 and Exhibits Supp I-4 through Supp I-7; and Second General
Issues Supplement at 1-2 and Exhibit S2 I-1. For further discussion,
see Attachment II of the Country-Specific AD Initiation Checklists.
\23\ See Attachment II of the Country-Specific AD Initiation
Checklists; see also section 732(c)(4)(D) of the Act.
\24\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\25\ Id.
\26\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\27\
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\27\ See Petitions at Volume I (pages I-19 through I-20 and
Exhibit I-8); see also Second General Issues Supplement at 2 and
Exhibit S2 I-2.
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The petitioner contends that the industry's injured condition is
illustrated by a significant volume of subject imports; declining
market share; underselling and price depression and/or suppression;
decline in the domestic
[[Page 4810]]
industry's production, capacity utilization, U.S. shipments, and
employment variables; declining operating income; and lost sales and
revenues.\28\ We assessed the allegations and supporting evidence
regarding material injury, threat of material injury, causation, as
well as negligibility, and we have determined that these allegations
are properly supported by adequate evidence, and meet the statutory
requirements for initiation.\29\
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\28\ See Petitions at Volume I (pages I-14 and I-16 through I-37
and Exhibits I-6 through I-8, I-10 through I-13, and I-15); see also
First General Issues Supplement at 16 through 19 and Exhibit Supp I-
12; and Second General Issues Supplement at 2 and Exhibit S2 I-2.
\29\ See Country-Specific AD Initiation Checklists at Attachment
III (Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Gas Powered Pressure Washers from the People's Republic of
China and the Socialist Republic of Vietnam).
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate AD investigations of
imports of pressure washers from China and Vietnam. The sources of data
for the deductions and adjustments relating to U.S. price and normal
value (NV) are discussed in greater detail in the Country-Specific AD
Initiation Checklists.
U.S. Price
For China and Vietnam, the petitioner based export price (EP) on
pricing information for sales of, or offers for sale of, pressure
washers produced in and exported from each country. The petitioner made
certain adjustments to U.S. price to calculate a net ex-factory U.S.
price, where applicable.\30\
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\30\ See Country-Specific AD Initiation Checklists.
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Normal Value
Commerce considers China and Vietnam to be NME countries.\31\ In
accordance with section 771(18)(C)(i) of the Act, any determination
that a foreign country is an NME country shall remain in effect until
revoked by Commerce. Therefore, we continue to treat China and Vietnam
as NME countries for purposes of the initiation of these
investigations. Accordingly, NV in China and Vietnam is appropriately
based on FOPs valued in surrogate market economy countries, in
accordance with section 773(c) of the Act.
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\31\ See Antidumping Duty Investigation of Certain Aluminum Foil
from the People's Republic of China: Affirmative Preliminary
Determination of Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861 (November 2, 2017), and
accompanying China NME Status Decision Memorandum, unchanged in
Certain Aluminum Foil from the People's Republic of China: Final
Determination of Sales at Less Than Fair Value, 83 FR 9282 (March 5,
2018); see also Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Final Results, and Final Results of No
Shipments of the Antidumping Duty Administrative Review; 2016-2017,
84 FR 18007 (April 29, 2019).
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The petitioner claims that Turkey is an appropriate surrogate
country for China because Turkey is a market economy (ME) country that
is at a level of economic development comparable to that of China and
is a significant producer of comparable merchandise.\32\ The petitioner
provided publicly available information from Turkey to value all
FOPs.\33\ Based on the information provided by the petitioner, we
determine that it is appropriate to use Turkey as a surrogate country
for initiation purposes.
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\32\ See China AD Checklist.
\33\ Id.
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The petitioner claims that Indonesia is an appropriate surrogate
country for Vietnam because Indonesia is a ME country that is at a
level of economic development comparable to that of Vietnam and is a
significant producer of comparable merchandise.\34\ The petitioner
provided publicly available information from Indonesia to value all
FOPs.\35\ Based on the information provided by the petitioner, we
determine that it is appropriate to use Indonesia as a surrogate
country for initiation purposes.
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\34\ See Vietnam AD Checklist.
\35\ Id.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determinations.
Factors of Production
Because information regarding the volume of inputs consumed by
Chinese and Vietnamese producers/exporters was not reasonably
available, the petitioner used its own product-specific consumption
rates as a surrogate to value the FOPs of Chinese and Vietnamese
manufacturers.\36\ Additionally, the petitioner calculated factory
overhead; selling, general and administrative expenses; and profit
based on the experience of a Turkish and Indonesian producer of
comparable merchandise for China and Vietnam, respectively.\37\
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\36\ See Country-Specific AD Checklists.
\37\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of pressure washers from China and Vietnam are
being, or are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to NV in accordance with sections 772 and 773 of the
Act, the estimated dumping margins for pressure washers for each of the
countries covered by this initiation are as follows: (1) China--136.70
and 242.34 percent; and (2) Vietnam--110.23 and 225.65 percent.\38\
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\38\ Id. for details of the calculations.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating AD investigations to determine
whether imports of pressure washers from China and Vietnam are being,
or are likely to be, sold in the United States at LTFV. In accordance
with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determinations no later than
140 days after the date of this initiation.
Respondent Selection
In the Petitions, the petitioner named 27 companies in China and 14
companies in Vietnam as producers and/or exporters of pressure
washers.\39\ In accordance with our standard practice for respondent
selection in AD investigations involving NME countries, Commerce
selects respondents based on quantity and value (Q&V) questionnaires in
cases where it has determined that the number of companies is large and
it cannot individually examine each company based upon its resources.
Therefore, considering the number of producers and/or exporters
identified in the Petition, Commerce will solicit Q&V information that
can serve as a basis for selecting exporters for individual examination
in the event that Commerce decides to limit the number of respondents
individually examined pursuant to section 777A(c)(2) of the Act.
Because there are 27 Chinese and 14 Vietnamese producers and/or
exporters identified in the Petitions, Commerce has determined that it
will issue Q&V questionnaires to each potential respondent for which
the petitioner has provided a complete address.
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\39\ See Petitions at Volume I (page 13 and Exhibits I-6 and I-
7); see also First General Issues Supplement at 1 and Exhibit Supp
I-1.
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[[Page 4811]]
In addition, Commerce will post the Q&V questionnaires along with
filing instructions on Commerce's website at <a href="https://enforcement.trade.gov/questionnaires/questionnaires-ad.html">https://enforcement.trade.gov/questionnaires/questionnaires-ad.html</a>. Producers/
exporters of pressure washers from China and Vietnam that do not
receive Q&V questionnaires may still submit a response to the Q&V
questionnaire and can obtain a copy of the Q&V questionnaire from
Commerce's website. In accordance with the standard practice for
respondent selection in AD cases involving NME countries, in the event
Commerce decides to limit the number of respondents individually
investigated, Commerce intends to base respondent selection on the
responses to the Q&V questionnaire that it receives.
Responses to the Q&V questionnaire must be submitted by the
relevant Chinese and Vietnamese producers/exporters no later than 5:00
p.m. ET on February 2, 2023, which is two weeks from the signature date
of this notice. All Q&V questionnaire responses must be filed
electronically via ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the deadline noted above.
Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305(b). Instructions for filing such applications may be found on
Commerce's website at <a href="https://enforcement.trade.gov/apo">https://enforcement.trade.gov/apo</a>. Commerce
intends to make its decisions regarding respondent selection within 20
days of publication of this notice.
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application.\40\
The specific requirements for submitting a separate rate application in
an NME investigation are outlined in detail in the application itself,
which is available on Commerce's website at <a href="https://enforcement.trade.gov/nme/nme-sep-rate.html">https://enforcement.trade.gov/nme/nme-sep-rate.html</a>. The separate rate
application will be due 30 days after publication of this initiation
notice.\41\ Exporters and producers who submit a separate rate
application and have been selected as mandatory respondents will be
eligible for consideration for separate rate status only if they
respond to all parts of Commerce's AD questionnaire as mandatory
respondents. Commerce requires that companies from China and Vietnam
submit a response both to the Q&V questionnaire and to the separate
rate application by the respective deadlines in order to receive
consideration for separate rate status. Companies not filing a timely
Q&V questionnaire response will not receive separate rate
consideration.
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\40\ See Enforcement and Compliance's Policy Bulletin 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005) (Policy Bulletin 05.1), available at <a href="https://enforcement.trade.gov/policy/bull05-1.pdf">https://enforcement.trade.gov/policy/bull05-1.pdf</a>.
\41\ Although in past investigations this deadline was 60 days,
consistent with 19 CFR 351.301(a), which states that ``the Secretary
may request any person to submit factual information at any time
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate
rates only to exporters, all separate rates that {Commerce{time}
will now assign in its NME Investigation will be specific to those
producers that supplied the exporter during the period of
investigation. Note, however, that one rate is calculated for the
exporter and all of the producers which supplied subject merchandise
to it during the period of investigation. This practice applies both
to mandatory respondents receiving an individually calculated
separate rate as well as the pool of non-investigated firms
receiving the {weighted average{time} of the individually
calculated rates. This practice is referred to as the application of
``combination rates'' because such rates apply to specific
combinations of exporters and one or more producers. The cash-
deposit rate assigned to an exporter will apply only to merchandise
both exported by the firm in question and produced by a firm that
supplied the exporter during the period of investigation.\42\
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\42\ See Policy Bulletin 05.1 at 6 (emphasis added).
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Distribution of Copies of the AD Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the AD Petitions have been
provided to the governments of China and Vietnam via ACCESS. To the
extent practicable, we will attempt to provide a copy of the public
version of the AD Petitions to each exporter named in the AD Petitions,
as provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the AD Petitions were filed, whether there is a reasonable
indication that imports of pressure washers from China and/or Vietnam
are materially injuring, or threatening material injury to, a U.S.
industry.\43\ A negative ITC determination for any country will result
in the investigation being terminated with respect to that country.\44\
Otherwise, these AD investigations will proceed according to statutory
and regulatory time limits.
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\43\ See section 733(a) of the Act.
\44\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \45\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\46\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
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\45\ See 19 CFR 351.301(b).
\46\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301.\47\ For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered
[[Page 4812]]
untimely for submissions which are due from multiple parties
simultaneously. In such a case, we will inform parties in a letter or
memorandum of the deadline (including a specified time) by which
extension requests must be filed to be considered timely. An extension
request must be made in a separate, standalone submission; under
limited circumstances we will grant untimely filed requests for the
extension of time limits. Parties should review Commerce's regulations
concerning the extension of time limits and the Time Limits Final Rule
prior to submitting factual information in these investigations.\48\
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\47\ See 19 CFR 351.302.
\48\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\49\
Parties must use the certification formats provided in 19 CFR
351.303(g).\50\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\49\ See section 782(b) of the Act.
\50\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
<a href="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letter of
appearance). Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\51\
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\51\ 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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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: January 19, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The merchandise covered by these investigations 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 these
investigations 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
these investigations 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 these investigations, 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 these investigations
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 these investigations 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 these
investigations 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 these
investigations 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. 2023-01477 Filed 1-24-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 25, 2023.
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