Notice2023-28137
Gas Powered Pressure Washers From the People's Republic of China: Final Affirmative Determination of Sales at Less-Than-Fair Value, and Final Affirmative Critical Circumstances Determinations, in Part
Primary source
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Published
December 21, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that gas powered pressure washers (pressure washers) from the People's Republic of China (China) are being, or are likely to be, sold in the United States at less-than-fair value (LTFV). The period of investigation is April 1, 2022, though September 30, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 244 (Thursday, December 21, 2023)</title>
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[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Notices]
[Pages 88365-88367]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28137]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-148]
Gas Powered Pressure Washers From the People's Republic of China:
Final Affirmative Determination of Sales at Less-Than-Fair Value, and
Final Affirmative Critical Circumstances Determinations, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that gas
powered pressure washers (pressure washers) from the People's Republic
of China (China) are being, or are likely to be, sold in the United
States at less-than-fair value (LTFV). The period of investigation is
April 1, 2022, though September 30, 2022.
DATES: Applicable December 21, 2023.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla, AD/CVD Operations,
Office I, U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-3477.
SUPPLEMENTARY INFORMATION:
Background
On August 3, 2023, Commerce published in the Federal Register the
Preliminary Determination in this LTFV investigation.\1\ Commerce
invited parties to comment on the Preliminary Determination.\2\
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\1\ See Gas Powered Pressure Washers from the People's Republic
of China: Preliminary Affirmative Determination of Sales at Less
Than Fair Value, Preliminary Affirmative Critical Circumstances
Determination, in Part, Postponement of Final Determination, and
Extension of Provisional Measures, 88 FR 51279 (August 3, 2023)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ Id.
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For a complete description of the events that occurred since the
Preliminary Determination, see the Issues and Decision Memorandum.\3\
The Issues and Decision Memorandum is a public document and is made
available to the public 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>. 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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\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of Sales at Less-Than-Fair-Value and
Final Affirmative Critical Circumstances Determinations, in Part:
Gas Powered Pressure Washers from the People's Republic of China,''
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 pressure washers
from China. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
During this LTFV investigation, Commerce received scope comments
from interested parties. Commerce issued a Preliminary Scope Memorandum
to address the comments and set aside a period of time for parties to
address scope issues in scope-specific case and rebuttal briefs.\4\ We
received comments from interested parties on the Preliminary Scope
Memorandum, which we addressed in the Final Scope Memorandum.\5\ We did
not make any changes to the scope of the investigation from the scope
published in the Preliminary Determination, as provided in Appendix I.
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\4\ See Memorandum, ``Preliminary Scope Decision Memorandum,''
dated June 8, 2023 (Preliminary Scope Memorandum).
\5\ See Memorandum, ``Final Scope Decision Memorandum,'' dated
August 22, 2023.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision Memorandum
and are listed in Appendix II of this notice.
Final Affirmative Determination of Critical Circumstances
For the Preliminary Determination, in accordance with section
733(e)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR
351.206(c)(1), Commerce preliminarily found that critical circumstances
exist with respect to imports of pressure washers exported by Jiangu
Jianghuai Engine Co., Ltd. (JD Power) and the China-wide entity.\6\
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\6\ See Preliminary Determination.
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No parties submitted comments regarding this finding. Thus, our
determination of critical circumstances is unchanged for the final
determination. Accordingly, pursuant to section 735(a)(3)(B) of the Act
and 19 CFR 351.206, we continue to find that critical circumstances
exist for JD Power and the China-wide entity.
Regarding the companies receiving a separate rate, we preliminarily
found that critical circumstances do not exist.\7\ For the final
determination, we continue to find that the variance of shipments
between the base and comparison period is explained by seasonal trends
and, therefore, consistent with our practice,\8\ we continue to find
that critical circumstances do not exist regarding the separate rate
companies.
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\7\ Id.
\8\ See Pentaflouroethane (R-125) from the People's Republic of
China: Final Affirmative Determination of Sales at Less Than Fair
Value and Final Affirmative Determination of Critical Circumstances,
in Part, 87 FR 1117 (January 10, 2022), and accompanying IDM at
Comment 1.
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Verification
Commerce was unable to conduct an on-site verification of the
information relied upon in making its final determination. However,
from August 20 through 22, 2023, we took additional steps, in lieu of
an on-site verification to verify the information relied upon in
[[Page 88366]]
making this final determination, in accordance with section 782(i) of
the Act,\9\ by conducting virtual verification of JP Power.
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\9\ See Memorandum, ``Verification of Jiangu Jianghuai Engine
Co., Ltd,'' dated September 13, 2023.
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Separate Rates
For the final determination, we continue to find that JD Power,
Sumec Hardware and Tools Co., Ltd., and Zhejiang Danau Machine Co.,
Ltd., are eligible for separate rates. Generally, Commerce looks to
section 735(c)(5)(A) of the Act, which provides instructions for
calculating the all-others rate in an investigation, for guidance when
calculating the rate for separate rate respondents which we did not
individually examine. The statute further provides that, where all
margins are zero, de minimis, or based entirely on facts available
under section 776 of the Act, Commerce may use ``any reasonable
method'' for assigning the rate to non-selected respondents.\10\ As
explained further below, for the final determination, we based JD
Power's dumping margin on total adverse facts available (AFA). Because
there is only one dumping margin, and it is based entirely on facts
available, Commerce has assigned, as any reasonable method, an average
of the range of dumping margins in the Petition to the separate rate
companies for this final determination.\11\ This approach is consistent
with our practice.\12\
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\10\ See section 735(c)(5)(B) of the Act.
\11\ See Petitioner's Letter, ``Petition for the Imposition of
Antidumping and Countervailing Duties,'' dated December 29, 2022
(the Petition); see also Initiation Checklist, ``Gas Powered
Pressure Washers from the People's Republic of China,'' dated
January 19, 2023, at 8.
\12\ See Polyester Textured Yarn from the People's Republic of
China: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination and Extension of
Provisional Measures, 84 FR 31297 (July 1, 2019), and accompanying
PDM at 12, unchanged in Polyester Textured Yarn from the People's
Republic of China: Final Determination of Sales at Less Than Fair
Value, and Final Affirmative Determination of Critical
Circumstances, 84 FR 63850 (November 19, 2019).
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Combination Rates
In the Initiation Notice,\13\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. For the list of
respondents that established eligibility for separate rates and the
exporter/producer combination rates applicable to these respondents,
see the Final Determination section.
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\13\ See Gas Powered Pressure Washers from the People's Republic
of China and the Socialist Republic of Vietnam: Initiation of Less-
Than-Fair-Value Investigations, 88 FR 4807, 4811 (January 25, 2023)
(Initiation Notice).
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China-Wide Entity and Use of AFA
For the purposes of this final determination, consistent with the
Preliminary Determination,\14\ we relied solely on the application of
AFA for the China-wide entity, pursuant to sections 776(a) and (b) of
the Act. In selecting the AFA rate for the China-wide entity,
Commerce's practice is to select a rate that is sufficiently adverse to
ensure that the uncooperative party does not obtain a more favorable
result by failing to cooperate than if it had fully cooperated.\15\ A
detailed discussion of our application of AFA is provided in the
Preliminary Determination.\16\
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\14\ See Preliminary Determination PDM at 18.
\15\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination:
Purified Carboxymethyl Cellulose from Finland, 69 FR 77216 (December
27, 2004), unchanged in Notice of Final Determination of Sales at
Less Than Fair Value: Purified Carboxymethyl Cellulose from Finland,
70 FR 28279 (May 17, 2005).
\16\ See Preliminary Determination PDM at 18-19.
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As discussed in the Issues and Decision Memorandum, we determined
that total AFA is warranted regarding JD Power, and thus, for purposes
of this final determination, we have applied a dumping margin rate of
274.37, which represents the highest individual dumping margin
calculated for a mandatory respondent in this investigation and is the
same rate applied to the China-wide entity. Because this constitutes
primary information from the normal course of the investigation, the
statutory corroboration requirement in section 776(c) of the Act does
not apply.
Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist for the period April 1, 2022, through September
30, 2022:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter Producer dumping
>margin
(percent)
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Jiangsu Jianghuai Engine Co., Jiangsu Jianghuai 274.37
Ltd. Engine Co., Ltd.
Sumec Hardware and Tools Co., Sumec Hardware and 189.52
Ltd. Tools Co., Ltd.
Zhejiang Danau Machine Co., Ltd Zhejiang Danau Machine 189.52
Co., Ltd.
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China-Wide Entity.............. ....................... 274.37
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Disclosure
Normally, Commerce will disclose to the parties in a proceeding the
calculations performed in connection with a final determination within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of the notice
of final determination in the Federal Register, in accordance with 19
CFR 351.224(b). Because we applied total AFA to JD Power and the China-
wide entity in accordance with 776 of the Act, which was based on our
antidumping duty calculation from the Preliminary Determination, there
are no calculations to disclose for this final determination. However,
we intend to disclose to interested parties the calculations and
analysis performed in this final determination for critical
circumstances within five days of any public announcement or, if there
is no public announcement, within five days of the date of the
publication of this notice in the Federal Register.
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination and in accordance with
section 735(c)(1)(B) of the Act, for JD Power and the China-wide
entity, Commerce will instruct U.S. Customs and Border Protection (CBP)
to continue to suspend liquidation of subject merchandise, as described
in Appendix I, entered, or withdrawn from warehouse, for consumption,
on or after May 5, 2023, which is 90 days prior to the date of the date
of publication of the
[[Page 88367]]
affirmative Preliminary Determination in the Federal Register, at the
cash deposit rate indicated above.
For the separate rate companies, we will instruct CBP to continue
to suspend liquidation of subject merchandise, entered, or withdrawn
from warehouse, for consumption, on or after August 3, 2023, which is
the date of publication of the affirmative Preliminary Determination in
the Federal Register, at the cash deposit rate indicated in the above
table.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit for such
entries of merchandise equal to the amount by which the normal value
exceeds the U.S. price as follows: (1) the cash deposit rate for the
exporter/producer combination listed in the table above will be the
rate identified in the table; (2) for all combinations of Chinese
producers/exporters of subject merchandise that have not established
eligibility for their own separate rates, the cash deposit rate will be
the rate established for the China-wide entity; and (3) for all third
country exporters of subject merchandise, the cash deposit rate will be
the cash deposit rate applicable to the Chinese producer/exporter that
supplied that third country exporter.
U.S. International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of our affirmative determination of sales at LTFV. We will allow
the ITC access to all privileged and business proprietary information
in our files, provided the ITC confirms that it will not disclose such
information, either publicly or under an administrative protective
order (APO), without consent of the Assistant Secretary for Enforcement
and Compliance.
Because the final determination in this proceeding is affirmative,
in accordance with section 735(b) 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 gas pressure washers from China no later than 45
days after our final determination. If the ITC determines that material
injury or threat of material injury does not exist, the proceeding will
be terminated, and all cash deposits will be refunded or canceled, as
Commerce determines to be appropriate.
If the ITC determines that such injury does exist, Commerce intends
to issue an antidumping duty order, in accordance with section 736(a)
of the Act, directing CBP to assess, upon further instruction by
Commerce, antidumping duties on all imports of the subject merchandise
that are entered, or withdrawn from warehouse, for consumption on or
after the effective date of suspension of liquidation, as discussed
above in the ``Continuation of Suspension of Liquidation'' section.
Notification Regarding APO
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an APO of their responsibility concerning the disposition of
proprietary disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return/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 which is subject to sanctions.
Notification to Interested Parties
This determination is issued and published in pursuant with
sections 735(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: December 18, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
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 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 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 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. Affirmative Determination of Critical Circumstances
IV. Changes Since the Preliminary Determination
V. Application of Facts Available and Adverse Inferences
VI. Discussion of the Issues
Comment 1: Whether Commerce Incorrectly Ended Its Verification
of JD Power
Comment 2: Arguments Regarding Calculations
VII. Recommendation
[FR Doc. 2023-28137 Filed 12-20-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 21, 2023.
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