Notice2023-13312
Gas Powered Pressure Washers From China and Vietnam; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
Primary source
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Published
June 22, 2023
Issuing agencies
International Trade Commission
Abstract
The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-684 and 731-TA-1597-1598 (Final) pursuant to the Tariff Act of 1930 ("the Act") to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of gas powered pressure washers from China and Vietnam, provided for in statistical reporting numbers at 8424.30.9000 and 8424.90.9040 of the Harmonized Tariff Schedule of the United States, for which the Department of Commerce ("Commerce") has preliminarily determined that imports of gas powered pressure washers from China are subsidized by the Government of China, and that imports of gas powered pressure washers from Vietnam are sold at less than fair value.
Full Text
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<title>Federal Register, Volume 88 Issue 119 (Thursday, June 22, 2023)</title>
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[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Notices]
[Pages 40865-40867]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13312]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-684 and 731-TA-1597-1598 (Final)]
Gas Powered Pressure Washers From China and Vietnam; Scheduling
of the Final Phase of Countervailing Duty and Antidumping Duty
Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-684 and 731-TA-1597-1598 (Final) pursuant to the Tariff Act of
1930 (``the Act'') to determine whether an industry in the United
States is materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of gas powered pressure washers from
China and Vietnam, provided for in statistical reporting numbers at
8424.30.9000 and 8424.90.9040 of the Harmonized Tariff Schedule of the
United States, for which the Department of Commerce (``Commerce'') has
preliminarily determined that imports of gas powered pressure washers
from China are subsidized by the Government of China, and that imports
of gas powered pressure washers from Vietnam are sold at less than fair
value.
DATES: June 8, 2023.
FOR FURTHER INFORMATION CONTACT: Nitin Joshi ((202) 708-1669), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as 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 this investigation regardless of
the origin of its engine. Subject merchandise also includes finished
and unfinished cold water gas powered pressure washers that are further
processed in a third country or in the United States, including, but
not limited to, assembly or any other processing that would not
otherwise remove the merchandise from the scope of this investigation
if performed in the country of manufacture of the in-scope cold water
gas powered pressure washers.
The scope excludes hot water gas powered pressure washers, which
are pressure washers that include a heating element used to heat the
water sprayed from the machine.
Also specifically excluded from the scope of 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.
Background.--The final phase of these investigations is being
scheduled
[[Page 40866]]
pursuant to sections 705(b) and 731(b) of the Tariff Act of 1930 (19
U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative preliminary
determinations by Commerce that certain benefits which constitute
subsidies within the meaning of section 703 of the Act (19 U.S.C.
1671b) are being provided to manufacturers, producers, or exporters in
China of gas powered pressure washers (88 FR 36531), and that imports
of gas powered pressure washers from Vietnam are being sold in the
United States at less than fair value within the meaning of section 733
of the Act (19 U.S.C. 1673b). Commerce's preliminary determination with
respect to imports of gas powered pressure washers from China that are
alleged to be sold in the United States at less than fair value is
pending. The investigations were requested in petitions filed on
December 30, 2022, by FNA Group, Inc., Pleasant Prairie, WI.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>).
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on August
11, 2023, and a public version will be issued thereafter, pursuant to
Sec. 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Thursday,
August 24, 2023. Requests to appear at the hearing should be filed in
writing with the Secretary to the Commission on or before Friday,
August 18, 2023. Any requests to appear as a witness via
videoconference must be included with your request to appear. Requests
to appear via videoconference must include a statement explaining why
the witness cannot appear in person; the Chairman, or other person
designated to conduct the investigation, may in their discretion for
good cause shown, grant such a request. Requests to appear as remote
witness due to illness or a positive COVID-19 test result may be
submitted by 3pm the business day prior to the hearing. Further
information about participation in the hearing will be posted on the
Commission's website at <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>.
A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the hearing. All parties and nonparties desiring to appear at the
hearing and make oral presentations should attend a prehearing
conference, if deemed necessary, to be held at 9:30 a.m. on Tuesday,
August 22, 2023. Parties shall file and serve written testimony and
presentation slides in connection with their presentation at the
hearing by no later than 4:00 p.m. on August 23, 2023. Oral testimony
and written materials to be submitted at the public hearing are
governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the
Commission's rules. Parties must submit any request to present a
portion of their hearing testimony in camera no later than 7 business
days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is August 18, 2023. Parties shall also file
written testimony in connection with their presentation at the hearing,
and posthearing briefs, which must conform with the provisions of Sec.
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is August 31, 2023. In addition, any person who has not entered
an appearance as a party to the investigations may submit a written
statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before August 31, 2023. On September 18, 2023, the
Commission will make available to parties all information on which they
have not had an opportunity to comment. Parties may submit final
comments on this information on or before September 20, 2023, but such
final comments must not contain new factual information and must
otherwise comply with Sec. 207.30 of the Commission's rules. All
written submissions must conform with the provisions of Sec. 201.8 of
the Commission's rules; any submissions that contain BPI must also
conform with the requirements of Sec. Sec. 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's Handbook on Filing Procedures,
available on the Commission's website at <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>, elaborates upon the
Commission's procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
investigations must be served on all other parties to the
investigations (as identified by either the public or BPI service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice
[[Page 40867]]
is published pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: June 16, 2023.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2023-13312 Filed 6-21-23; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on June 22, 2023.
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