Notice2023-23612
Gas Powered Pressure Washers From the Socialist Republic of Vietnam: Antidumping Duty Order
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
October 25, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing an antidumping duty order on gas powered pressure washers (pressure washers) from the Socialist Republic of Vietnam (Vietnam).
Full Text
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<title>Federal Register, Volume 88 Issue 205 (Wednesday, October 25, 2023)</title>
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[Federal Register Volume 88, Number 205 (Wednesday, October 25, 2023)]
[Notices]
[Pages 73311-73313]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23612]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-008]
Gas Powered Pressure Washers From the Socialist Republic of
Vietnam: Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing an antidumping duty order on gas
powered pressure washers (pressure washers) from the Socialist Republic
of Vietnam (Vietnam).
DATES: Applicable October 25, 2023.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Matthew Palmer, AD/
CVD Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4243 and (202) 482-1678,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 29, 2023, Commerce published its affirmative final
determination in the less-than-fair-value (LTFV) investigation of
pressure washers from Vietnam.\1\ On October 13, 2023, the ITC notified
Commerce of its final determination, pursuant to section 735(d) of the
Tariff Act of 1930, as amended (the Act), that an industry in the
United States is materially injured within the meaning of section
735(b)(1)(A)(i) of the Act by reason of LTFV imports of pressure
washers from Vietnam.\2\
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\1\ See Gas Powered Pressure Washers from the Socialist Republic
of Vietnam: Final Affirmative Determination of Sales at Less Than
Fair Value and Final Affirmative Determination of Critical
Circumstances, 88 FR 59503 (August 29, 2023).
\2\ See ITC's Letter, Notification Letter: Investigation No.
731-TA-1598 (Final), dated October 13, 2023.
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Scope of the Order
The products covered by this order are gas powered pressure washers
from Vietnam. For a complete description of the scope of this order,
see the appendix to this notice.
Antidumping Duty Order
On October 13, 2023, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determination in this
investigation, in which it found that an industry in the United States
is materially injured by reason of imports of pressure washers from
Vietnam.\3\ Therefore, in accordance with section 735(c)(2) of the Act,
Commerce is issuing this antidumping duty order. Because the ITC
determined that imports of pressure washers from Vietnam materially
injure a U.S. industry, unliquidated entries of such merchandise from
Vietnam, entered or withdrawn from warehouse for consumption, are
subject to the assessment of antidumping duties.
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\3\ Id.
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Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of pressure washers from Vietnam. Antidumping duties
will be assessed on unliquidated entries of pressure washers from
Vietnam entered, or withdrawn from warehouse, for consumption, on or
after June 15, 2023, the date of publication of the Preliminary
Determination in the Federal Register, except as noted in the
``Provisional Measures'' section below.\4\
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\4\ See Gas Powered Pressure Washers from the Socialist Republic
of Vietnam: Preliminary Affirmative Determination of Sales at Less
Than Fair Value and Preliminary Determination of Critical
Circumstances, 88 FR 39221 (June 15, 2023) (Preliminary
Determination).
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct CBP to continue to suspend liquidation on all relevant entries
of pressure washers from Vietnam, except as noted below. These
instructions suspending liquidation will remain in effect until further
notice.
Commerce will also instruct CBP to require cash deposits equal to
the estimated weighted-average dumping margin indicated in the table
below. Accordingly, effective on the date of publication in the Federal
Register of the notice of the ITC's final affirmative injury
determination, CBP will require, at the same time as importers would
normally deposit estimated duties on subject merchandise, a cash
deposit equal to the rate listed below.
Estimated Weighted-Average Dumping Margin
The estimated weighted-average dumping margin is as follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Vietnam-Wide Entity......................................... 225.86
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Critical Circumstances
With respect to the ITC's negative critical circumstances
determination on imports of pressure washers from Vietnam, Commerce
intends to instruct CBP to lift suspension and to refund any cash
deposits made to secure the payment of estimated antidumping duties
with respect to entries of the subject merchandise from Vietnam
entered, or withdrawn from warehouse, for consumption on or after March
17, 2023 (i.e., 90 days prior to the date of the publication of the
Preliminary Determination), but before June 15, 2023 (i.e., the date of
publication of the Preliminary Determination).
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
None of the exporters of pressure washers requested Commerce to extend
the four-month period to six months in this investigation.
The provisional measures period, beginning on the date of
publication of the Preliminary Determination, ended on October 12,
2023. Therefore, in accordance with section 733(d) of the Act, Commerce
will instruct CBP to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, unliquidated entries
of pressure washers from Vietnam entered, or withdrawn from warehouse,
for consumption after October 12, 2023, the final day on which the
provisional measures were in effect, until and through the day
preceding the date of publication of the ITC's final affirmative injury
[[Page 73312]]
determinations in the Federal Register. Suspension of liquidation and
the collection of cash deposits will resume on the date of publication
of the ITC's final determination in the Federal Register.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\5\ On September
27, 2021, Commerce also published the notice titled ``Scope Ruling
Application; Annual Inquiry Service List; and Informational Sessions''
in the Federal Register.\6\ The Final Rule and Procedural Guidance
provide that Commerce will maintain an annual inquiry service list for
each order or suspended investigation, and any interested party
submitting a scope ruling application or request for circumvention
inquiry shall serve a copy of the application or request on the persons
on the annual inquiry service list for that order, as well as any
companion order covering the same merchandise from the same country of
origin.\7\
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\5\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\6\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\7\ Id.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \8\
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\8\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance,\9\ the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
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\9\ See Procedural Guidance.
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Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at <a href="https://access.trade.gov">https://access.trade.gov</a>.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \10\ Accordingly, as stated
above, the petitioner and Government of Vietnam should submit their
initial entries of appearance after publication of this notice in order
to appear in the first annual inquiry service lists for this order.
Pursuant to 19 CFR 351.225(n)(3), the petitioner and the Government of
Vietnam will not need to resubmit their entries of appearance each year
to continue to be included on the annual inquiry service list. However,
the petitioner and the Government of Vietnam are responsible for making
amendments to their entries of appearance during the annual update to
the annual inquiry service list in accordance with the procedures
described above.
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\10\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the antidumping duty order with respect to
pressure washers from Vietnam pursuant to section 736(a) of the Act.
Interested parties can find a list of antidumping duty orders currently
in effect at <a href="https://enforcement.trade.gov/stats/iastats1.html">https://enforcement.trade.gov/stats/iastats1.html</a>.
This antidumping duty order is published in accordance with
sections 735(e) and 736(a) of the Act and 19 CFR 351.224(e) and 19 CFR
351.211(b).
Dated: October 19, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The merchandise covered by this order is cold water gas powered
pressure washers (also commonly known as power washers), which are
machines that clean surfaces using water pressure that are powered
by an internal combustion engine, air-cooled with a power take-off
shaft, in combination with a positive displacement pump. This
combination of components (i.e., the internal combustion engine, the
power take-off shaft, and the positive displacement pump) is defined
as the ``power unit.'' The scope of this order covers cold water gas
powered pressure washers, whether finished or unfinished, whether
assembled or unassembled, and whether or not containing any
additional parts or accessories to assist in the function of the
``power unit,'' including, but not limited to, spray guns, hoses,
lances, and nozzles. The scope of this order covers cold water gas
powered pressure washers, whether or not assembled or packaged with
a frame, cart, or trolley, with or without wheels attached.
For purposes of this order, an unfinished and/or unassembled
cold water gas powered pressure washer consists of, at a minimum,
the power unit or components of the power unit, packaged or imported
together. Importation of the power unit whether or not accompanied
by, or attached to, additional components including, but not limited
to a frame, spray guns, hoses, lances, and nozzles constitutes an
unfinished cold water gas powered pressure washer for purposes of
this scope. The inclusion in a third country of any components other
than the power unit does not remove the cold water gas powered
pressure washer from the scope. A cold water gas powered pressure
washer is within the scope of this order regardless of the origin of
its engine. Subject merchandise also includes finished and
unfinished cold water gas powered pressure washers that are further
processed in a third country or in the United States, including, but
not limited to, assembly or any other processing that would not
otherwise remove the merchandise from the scope of this order if
performed in the country of manufacture of the in-scope cold water
gas powered pressure washers.
The scope excludes hot water gas powered pressure washers, which
are pressure washers that include a heating element used to heat the
water sprayed from the machine.
Also specifically excluded from the scope of this order is
merchandise covered by the scope of the antidumping and
countervailing duty orders on certain vertical shaft engines between
99cc and up to 225cc, and parts
[[Page 73313]]
thereof from the People's Republic of China. See Certain Vertical
Shaft Engines Between 99 cc and Up to 225cc, and Parts Thereof from
the People's Republic of China: Antidumping and Countervailing Duty
Orders, 86 FR 023675 (May 4, 2021).
The cold water gas powered pressure washers subject to this
order are classified in the Harmonized Tariff Schedule of the United
States (HTSUS) at subheadings 8424.30.9000 and 8424.90.9040.
Although the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the scope is
dispositive.
[FR Doc. 2023-23612 Filed 10-24-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 25, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.