Notice2023-18575
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
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
August 29, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain gas-powered pressure washers (pressure washers) from the Socialist Republic of Vietnam (Vietnam) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2022, through September 30, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 166 (Tuesday, August 29, 2023)</title>
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[Federal Register Volume 88, Number 166 (Tuesday, August 29, 2023)]
[Notices]
[Pages 59503-59505]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18575]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-008]
Gas Powered Pressure Washers From the Socialist Republic of
Vietnam: Final Affirmative Determination of Sales at Less Than Fair
Value and Final Affirmative Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain gas-powered pressure washers (pressure washers) from the
Socialist Republic of Vietnam (Vietnam) are being, or are likely to be,
sold in the United States at less than fair value (LTFV). The period of
investigation (POI) is April 1, 2022, through September 30, 2022.
DATES: Applicable August 29, 2023.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Matthew Palmer, AD/
CVD Operations, Office III, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4243 or (202)
482-1678, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 15, 2023, Commerce published in the Federal Register its
preliminary determination in the LTFV investigation of pressure washers
from Vietnam.\1\ Commerce invited interested parties to comment on the
Preliminary Determination.
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\1\ See Gas Powered Pressure Washers from the Socialist Republic
of Vietnam: Preliminary Affirmative Determination of Sales at Less
Than Fair Value and Preliminary Determination of Critical
Circumstances, 88 FR 39221 (June 15, 2023) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
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For a complete description of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\2\
The Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of Sales at Less Than Fair Value and
Final Affirmative Determination of Critical Circumstance in the
Investigation of Gas Powered Pressure Washers from the Socialist
Republic of Vietnam,'' dated concurrently with, and hereby adopted
by this notice (Issues and Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are gas powered pressure
washers from Vietnam. For a complete description of the scope of this
investigation, see Appendix I.
Analysis of Comments Received
All issues raised in case and rebuttal briefs are discussed in the
Issues and Decision Memorandum. A list of the issues raised in the
Issues and Decision Memorandum is attached to Appendix II of this
notice.
Scope Comments
During the course of this investigation and the concurrent LTFV and
countervailing duty investigations of pressure washers from the
People's Republic of China, Commerce received scope comments from
interested parties. Commerce issued a Preliminary Scope Memorandum to
address these comments and set aside a period of time for parties to
address scope issues in scope-specific case and rebuttal briefs.\3\ We
received comments from interested parties on the Preliminary Scope
Memorandum, which we address in the Final Scope Memorandum.\4\ We did
not make any changes to the scope of these investigations from the
scope published in the Preliminary Determination, as noted in Appendix
I.
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\3\ See Memorandum, ``Preliminary Scope Decision Memorandum,''
dated June 8, 2023.
\4\ See Memorandum, ``Final Scope Decision Memorandum,'' dated
concurrently with this notice.
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Final Affirmative Determination of Critical Circumstances
In accordance with sections 735(a)(3)(B) and 776(a) and (b) of the
Tariff Act of 1930, as amended (the Act) and 19 CFR 351.206, as well as
our analysis of comments received regarding our affirmative preliminary
determination of critical circumstances,\5\ Commerce continues to find
that critical circumstances exist with respect to imports of pressure
washers from Vietnam for the Vietnam-Wide Entity. For a full
description of the methodology and results of Commerce's critical
circumstances analysis, see the Issues and Decision Memorandum.
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\5\ See MWE Investments' Letter, ``Case Brief,'' dated July 20,
2023 (MWE Investments' Case Brief); see also Petitioner's Letter,
``Rebuttal Brief,'' dated July 27, 2023 (Petitioner's Rebuttal
Brief).
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Vietnam-Wide Entity and Use of Adverse Facts Available (AFA)
In this final determination, consistent with the Preliminary
Determination,\6\ we relied solely on the application of AFA for the
Vietnam-wide entity, pursuant to sections 776(a) and (b) of the Act.
Further, because we continue to find that all exporters of pressure
washers from Vietnam are part of the Vietnam-wide entity, no companies
are eligible for a separate rate. There is no new information on the
record that would cause us to reconsider our decision in the
Preliminary Determination. Thus, we made no changes to our analysis or
to the Vietnam-wide entity's dumping margin for the final
determination. For a full description of the methodology
[[Page 59504]]
underlying Commerce's determination, see the Issues and Decision
Memorandum.
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\6\ See Preliminary Determination PDM at 4-9.
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Combination Rates
In the Initiation Notice,\7\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\8\ In this case, because no respondent
qualified for a separate rate, producer/exporter combination rates
continue to not be calculated for this final determination.
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\7\ See Initiation Notice, 88 FR at 4811.
\8\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
Commerce's website at <a href="https://access.trade.gov/Resources/policy/bull05-1.pdf">https://access.trade.gov/Resources/policy/bull05-1.pdf</a>.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margin exists for the period, April 1, 2022, through September
30, 2022:
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Estimated
weighted-
average
Producer/exporter dumping
margin
(percent)
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Vietnam-Wide Entity \9\.................................... 225.65
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Continuation of Suspension of Liquidation
In accordance with 735(c)(4) of the Act, because we continue to
find that critical circumstances exist, Commerce will instruct U.S.
Customs and Border Protection (CBP) to continue to suspend liquidation
of all entries of subject merchandise, as described in Appendix I of
this notice, which were entered, or withdrawn from warehouse, for
consumption on or after March 17, 2023, which is 90 days before the
date of publication of the Preliminary Determination in the Federal
Register. These suspension of liquidation instructions will remain in
effect until further notice.
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\9\ See Issues and Decision Memorandum at section VIII.,
``Application of Facts Available and Adverse Inferences.''
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Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon the publication of this notice, we will instruct CBP
to require a cash deposit for estimated antidumping duties for all
entries from Vietnam at the rate indicated above.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a final determination within five days of
its public announcement or, if there is no public announcement, within
five days of the date of publication of this notice in accordance with
19 CFR 351.224(b). However, because Commerce relied entirely on facts
available with adverse inferences for the Vietnam-Wide Entity in
accordance with section 776 of the Act, and the applied AFA rate is
based solely on the petition, there are no calculations to disclose.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its final affirmative
determination of sales at LTFV. Because the final determination in this
investigation is affirmative, in accordance with section 735(b)(2) of
the Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured or
threatened with material injury by reason of imports of pressure
washers from Vietnam no later than 45 days after our final
determination. If the ITC determines that such injury does not exist,
this proceeding will be terminated, and all cash deposits posted will
be refunded. If the ITC determines that such injury does exist,
Commerce will issue an antidumping duty order directing CBP to assess,
upon further instruction by Commerce, antidumping duties on all imports
of the subject merchandise entered or withdrawn from warehouse for
consumption on or after the effective date of the suspension of
liquidation, as discussed in the ``Continuation of Suspension of
Liquidation'' section.
Administrative Protective Order
This notice serves as a final reminder to the parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation subject
to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: August 22, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation is cold water gas
powered pressure washers (also commonly known as power washers),
which are machines that clean surfaces using water pressure that are
powered by an internal combustion engine, air-cooled with a power
take-off shaft, in combination with a positive displacement pump.
This combination of components (i.e., the internal combustion
engine, the power take-off shaft, and the positive displacement
pump) is defined as the ``power unit.'' The scope of this
investigation covers cold water gas powered pressure washers,
whether finished or unfinished, whether assembled or unassembled,
and whether or not containing any additional parts or accessories to
assist in the function of the ``power unit,'' including, but not
limited to, spray guns, hoses, lances, and nozzles. The scope of
this investigation covers cold water gas powered pressure washers,
whether or not assembled or packaged with a frame, cart, or trolley,
with or without wheels attached.
For purposes of this investigation, an unfinished and/or
unassembled cold water gas powered pressure washer consists of, at a
minimum, the power unit or components of the power unit, packaged or
imported together. Importation of the power unit whether or not
accompanied by, or attached to, additional components including, but
not limited to a frame, spray guns, hoses, lances, and nozzles
constitutes an unfinished cold water gas powered pressure washer for
purposes of this scope. The inclusion in a third country of any
components other than the power unit does not remove the cold water
gas powered pressure washer from the scope. A cold water gas powered
pressure washer is within the scope of this investigation regardless
of the origin of its engine. Subject merchandise also includes
finished and unfinished cold water gas powered pressure washers that
are further processed in a third country or in the United States,
including, but not limited to, assembly or any other processing that
would not otherwise remove the merchandise from the scope of this
investigation if performed in the country of manufacture of the in-
scope cold water gas powered pressure washers.
The scope excludes hot water gas powered pressure washers, which
are pressure washers that include a heating element used to heat the
water sprayed from the machine.
Also specifically excluded from the scope of this investigation
is merchandise covered by the scope of the antidumping and
countervailing duty orders on certain vertical shaft engines between
99cc and up to 225cc, and parts thereof from the People's Republic
of China. See Certain Vertical Shaft Engines Between 99 cc and Up to
225cc, and Parts Thereof from the People's Republic of China:
Antidumping and Countervailing Duty Orders, 86 FR 023675 (May 4,
2021).
The cold water gas powered pressure washers subject to this
investigation are
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classified in the Harmonized Tariff Schedule of the United States
(HTSUS) at subheadings 8424.30.9000 and 8424.90.9040. Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the scope is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
VI. Affirmative Determination of Critical Circumstances
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Discussion of the Issues
Comment 1: Commerce Unlawfully Applied AFA in its Preliminary
Determination of Critical Circumstances Based on an Unrelated
Adverse Inference
Comment 2: Commerce Unlawfully Applied AFA by Ignoring Record
Data Demonstrating That No Massive Imports Exist
IX. Recommendation
[FR Doc. 2023-18575 Filed 8-28-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 29, 2023.
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