Notice2023-01478
Gas Powered Pressure Washers From the People's Republic of China: Initiation of Countervailing Duty Investigation
Primary source
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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 4812-4816]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01478]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-149]
Gas Powered Pressure Washers From the People's Republic of China:
Initiation of Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable January 19, 2023
FOR FURTHER INFORMATION CONTACT: Brontee George, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4656.
SUPPLEMENTARY INFORMATION:
The Petition
On December 30, 2022, the U.S. Department of Commerce (Commerce)
received a countervailing duty (CVD) petition concerning imports of gas
powered pressure washers (pressure washers) from the People's Republic
of China (China) filed in proper form on behalf of FNA Group, Inc. (the
petitioner), a domestic producer of pressure washers.\1\ The CVD
petition was accompanied by antidumping duty (AD) petitions concerning
imports of pressure washers from China, and the Socialist Republic of
Vietnam.\2\
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\1\ 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 (Petition).
\2\ Id.
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On January 4, 2023, Commerce requested supplemental information
pertaining to certain aspects of the Petition.\3\ On January 10, 2023,
the
[[Page 4813]]
petitioner filed timely responses to these requests for additional
information.\4\ On January 11, 2023, Commerce held a teleconference
with the petitioner to address the General Issues Supplement and
additionally issue a second supplemental questionnaire.\5\ On January
12, 2023, the petitioner filed a timely response to the supplemental
questionnaire.\6\
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\3\ 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; and ``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); see also Memorandum, ``Phone
Call with Counsel to the Petitioner,'' dated January 11, 2023
(General Issues Memorandum).
\4\ See Petitioner's Letters, ``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: Supplemental Questionnaire Response--
China CVD,'' dated January 10, 2023.
\5\ See Commerce's Memo, ``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: Phone Call with Counsel to the
Petitioner,'' dated January 11, 2023.
\6\ See Petitioner's Letters, ``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 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 pressure washers in
China and that such imports are materially injuring, or threatening
material injury to, the domestic industry producing 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. Commerce also finds that the
petitioner demonstrated sufficient industry support with respect to the
initiation of the requested CVD investigation.\7\
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\7\ See ``Determination of Industry Support for the Petition''
section, infra.
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Period of Investigation
Because the Petition was filed on December 30, 2022, the period of
investigation (POI) is January 1, 2021, through December 31, 2021.\8\
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\8\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation
The product covered by this investigation is pressure washers from
China. For a full description of the scope of this investigation, see
the appendix to this notice.
Comments on the Scope of the Investigation
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.\9\ On January 10, 2023,
the petitioner revised the scope language.\10\ The description of
merchandise covered by this investigation, as described in the appendix
to this notice, reflects these clarifications.
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\9\ See General Issues Supplemental Questionnaire.
\10\ 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).\11\ Commerce will consider all 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.\12\ 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.\13\
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\11\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble).
\12\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\13\ 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 the parties
consider relevant to the scope of the investigation be submitted during
this time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party may contact Commerce and
request permission to submit the additional information. All scope
comments must also be filed on the record of the concurrent AD
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.\14\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\14\ 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 <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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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOC of the receipt of the Petition and provided it an
opportunity for consultations with respect to the Petition.\15\
However, the GOC did not request consultations.
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\15\ See Commerce's Letter, ``Invitation for Consultations to
Discuss the Countervailing Duty Petition,'' dated January 12, 2023.
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Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(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 702(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
[[Page 4814]]
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,\16\ 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.\17\
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\16\ See section 771(10) of the Act.
\17\ 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 investigation.\18\ 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.\19\
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\18\ See Petition 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.
\19\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Countervailing Duty Investigation Initiation Checklist: Gas Powered
Pressure Washers from the People's Republic of China (China CVD
Initiation Checklist) 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 (Attachment II). This checklist is
dated concurrently with this notice and on file electronically via
ACCESS.
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In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
own production in 2021 and compared this to the estimated total 2021
production of the domestic like product for the entire U.S. pressure
washers industry.\20\ 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.\21\ We relied on data provided by the petitioner for
purposes of measuring industry support.\22\
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\20\ See Petition 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 Supp I-7; and Second General Issues Supplement at 1
and 2 and Exhibit S2 I-1.
\21\ See Petition 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 Supp I-7; and Second General Issues Supplement at 1
and 2 and Exhibit S2 I-1.
\22\ See Petition 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 2
and Exhibit S2 I-2. For further discussion, see Attachment II of the
China CVD Initiation Checklist.
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Our review of the data provided in the Petition, 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 Petition.\23\ First, the
Petition 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).\24\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 702(c)(4)(A)(i)
of the Act because the domestic producers (or workers) who support the
Petition account for at least 25 percent of the total production of the
domestic like product.\25\ Finally, the domestic producers (or workers)
have met the statutory criteria for industry support under section
702(c)(4)(A)(ii) of the Act because the domestic producers (or workers)
who support the Petition 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 Petition.\26\
Accordingly, Commerce determines that the Petition was filed on behalf
of the domestic industry within the meaning of section 702(b)(1) of the
Act.\27\
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\23\ See Petition at Volume I (pages I-3 through I-4 and
Exhibits I-1 through I-2); see also General Issues Supplement at 5-9
and Exhibits Supp I-4 through Supp I-7; and Second General Issues
Supplement at 2 and Exhibit S2 I-2. For further discussion, see
Attachment II of the China CVD Initiation Checklist.
\24\ See Attachment II of China CVD Initiation Checklist; see
also section 702(c)(4)(D) of the Act.
\25\ See Attachment II of the China CVD Initiation Checklist.
\26\ Id.
\27\ Id.
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Injury Test
Because China is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from China materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\28\
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\28\ See Petition at Volume I (pages I-19 through I-20 and
Exhibit I-8).
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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 industry's production, capacity utilization,
U.S. shipments, and employment variables; declining operating income;
and lost sales and revenues.\29\ 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.\30\
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\29\ See Petition at Volume I (pages I-14, 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.
\30\ See China CVD Initiation Checklist 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 (Attachment III).
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[[Page 4815]]
Initiation of CVD Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating a CVD investigation to determine
whether imports of pressure washers from China benefit from
countervailable subsidies conferred by the GOC. Based on our review of
the Petition, we find that there is sufficient information to initiate
a CVD investigation on 15 of the 17 alleged programs. For a full
discussion of the basis for our decision to initiate on each program,
see the China CVD Initiation Checklist. A public version of the
initiation checklist for this investigation is available on ACCESS. In
accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1),
unless postponed, we will make our preliminary determination no later
than 65 days after the date of this initiation.
Respondent Selection
The petitioner named 27 companies in China as producers and/or
exporters of pressure washers.\31\ Commerce normally selects
respondents in a CVD investigation using U.S. Customs and Border
Protection (CBP) entry data. However, for this investigation, the
Harmonized Tariff Schedule of the United States (HTSUS) numbers for the
subject merchandise would enter under are basket categories containing
many products unrelated to pressure washers, and the HTSUS numbers
allow for the reporting of differing units of quantity. Therefore, we
cannot rely on CBP entry data in selecting respondents. Instead, for
this investigation, Commerce will request quantity and value (Q&V)
information from known exporters and producers identified, with
complete contact information, in the Petition. In addition, Commerce
will post the Q&V questionnaire along with filing instructions on the
Enforcement & Compliance website at <a href="http://www.trade.gov/enforcement/news.asp">http://www.trade.gov/enforcement/news.asp</a>.
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\31\ See Petition at Volume I (Exhibit I-9).
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Producers/exporters of pressure washers from China who do not
receive Q&V questionnaires by mail may still submit a response to the
Q&V questionnaire and can obtain a copy from the Enforcement &
Compliance website. All Q&V responses must be filed electronically via
ACCESS. In the event that Commerce determines that the number of
companies is large and it cannot individually examine each company
based upon Commerce's resources, where appropriate, Commerce intends to
select mandatory respondents based on the responses to the Q&V
questionnaire that it receives.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the GOC via ACCESS. To the extent practicable, we will
attempt to provide a copy of the public version of the CVD Petition to
each exporter named in the CVD Petition, as provided under 19 CFR
351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of pressure washers from China are materially
injuring, or threatening material injury to, a U.S. industry.\32\ A
negative ITC determination will result in the investigation being
terminated.\33\ Otherwise, this CVD investigation will proceed
according to statutory and regulatory time limits.
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\32\ See section 703(a)(1) of the Act.
\33\ 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 \34\ 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.\35\ 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 this investigation.
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\34\ See 19 CFR 351.301(b).
\35\ 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, or as otherwise specified by
Commerce.\36\ 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 untimely for submissions which
are due from multiple parties simultaneously. In such a case, Commerce
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, stand-alone 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 this investigation.\37\
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\36\ See 19 CFR 351.302.
\37\ 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.\38\
Parties must use the certification formats provided in 19 CFR
351.303(g).\39\ Commerce intends to reject factual submissions if the
submitting party does not comply with
[[Page 4816]]
the applicable certification requirements.
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\38\ See section 782(b) of the Act.
\39\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, 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 this investigation should ensure that they meet the requirements of
19 CFR 351.103(d) (e.g., by filing the required letters of appearance).
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information,
until further notice.\40\
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\40\ 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 702 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 Investigation
The merchandise covered by this investigation is gas powered
pressure washers (also commonly known as pressure washers), which
are machines that clean surfaces using water pressure that are
powered by an internal combustion engine, air-cooled with a power
take-off shaft, in combination with a positive displacement pump.
This combination of components (i.e., the internal combustion
engine, the power take-off shaft, and the positive displacement
pump) is defined as the ``power unit.'' The scope of the
investigation covers cold water gas powered pressure washers,
whether finished or unfinished, whether assembled or unassembled,
and whether or not containing any additional parts or accessories to
assist in the function of the ``power unit,'' including, but not
limited to, spray guns, hoses, lances, and nozzles. The scope of the
investigation covers cold water gas powered pressure washers,
whether or not assembled or packaged with a frame, cart, or trolley,
with or without wheels attached.
For purposes of this investigation, an unfinished and/or
unassembled cold water gas powered pressure washer consists of, at a
minimum, the power unit or components of the power unit, packaged or
imported together. Importation of the power unit whether or not
accompanied by, or attached to, additional components including, but
not limited to a frame, spray guns, hoses, lances, and nozzles
constitutes an unfinished cold water gas powered pressure washer for
purposes of this scope. The inclusion in a third country of any
components other than the power unit does not remove the cold water
gas powered pressure washer from the scope. A 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 gas powered pressure washers that are further processed
in a third country or in the United States, including, but not
limited to, assembly or any other processing that would not
otherwise remove the merchandise from the scope of this
investigation if performed in the country of manufacture of the in-
scope cold water gas powered pressure washers.
The scope excludes hot water gas powered pressure washers, which
are pressure washers that include a heating element used to heat the
water sprayed from the machine.
Also specifically excluded from the scope of this investigation
is merchandise covered by the scope of the antidumping and
countervailing duty orders on certain vertical shaft engines between
99cc and Up to 225cc, and parts thereof from the People's Republic
of China. See Certain Vertical Shaft Engines Between 99 cc and Up to
225cc, and Parts Thereof from the People's Republic of China:
Antidumping and Countervailing Duty Orders, 86 FR 023675 (May 4,
2021).
The cold water gas powered pressure washers subject to this
investigation are classified in the Harmonized Tariff Schedule of
the United States (HTSUS) at subheadings 8424.30.9000 and
8424.90.9040. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
scope is dispositive.
[FR Doc. 2023-01478 Filed 1-24-23; 8:45 am]
BILLING CODE 3510-DS-P
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