[Federal Register Volume 88, Number 16 (Wednesday, January 25, 2023)]
[Notices]
[Pages 4807-4812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01477]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-148, A-552-008]


Gas Powered Pressure Washers From the People's Republic of China 
and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-
Value Investigations

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Applicable January 19, 2023.

FOR FURTHER INFORMATION CONTACT: Dusten Hom (the People's Republic of 
China (China)) or Matthew Palmer (the Socialist Republic of Vietnam 
(Vietnam), AD/CVD Operations, Offices I and III, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-5075 or (202) 482-1678, respectively.

SUPPLEMENTARY INFORMATION: 

The Petitions

    On December 30, 2022,\1\ the U.S. Department of Commerce (Commerce) 
received antidumping duty (AD) petitions concerning imports of gas 
powered pressure washers (pressure washers) from China and Vietnam, 
filed in proper form on behalf of FNA Group, Inc. (the petitioner), a 
domestic producer of pressure washers.\2\ These AD petitions were 
accompanied by a countervailing duty (CVD) petition concerning imports 
of pressure washers from China.\3\
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    \1\ See Memorandum, ``Decision Memorandum Concerning the Filing 
Date of the Petitions,'' dated December 30, 2022.
    \2\ 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 
(Petitions).
    \3\ Id.
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    On January 4 and 11, 2023, Commerce requested supplemental 
information pertaining to certain aspects of the Petitions in separate 
supplemental questionnaires.\4\ The petitioner filed

[[Page 4808]]

timely responses to the supplemental questionnaires on January 9, 10, 
and 12, 2023.\5\
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    \4\ 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 (General Issues Supplemental Questionnaire); 
``Petition for the Imposition of Antidumping Duties on Imports of 
Gas Powered Pressure Washers from the People's Republic of China: 
Supplemental Questions,'' dated January 4, 2023; and ``Petition for 
the Imposition of Antidumping Duties on Imports of Gas Powered 
Pressure Washers from Vietnam: Supplemental Questions,'' dated 
January 4, 2023; see also Memorandum, ``Phone Call with Counsel to 
the Petitioner,'' dated January 11, 2023 (General Issues 
Memorandum).
    \5\ See Petitioner's Letters, `` Gas Powered Pressure Washers 
from the People's Republic of China and the Socialist Republic of 
Vietnam: Supplemental Questionnaire Response--China,'' dated January 
9, 2023; ``Gas Powered Pressure Washers from the People's Republic 
of China and the Socialist Republic of Vietnam: Supplemental 
Questionnaire Response--Vietnam,'' dated January 9, 2023; ``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: 2nd 
Supplemental Questionnaire Response--General Issues,'' dated January 
12, 2023 (Second General Issues Supplement).
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of pressure 
washers from China and Vietnam are being, or are likely to be, sold in 
the United States at less than fair value (LTFV) within the meaning of 
section 731 of the Act, and that imports of such products are 
materially injuring, or threatening material injury to, the pressure 
washer industry in the United States. Consistent with section 732(b)(1) 
of the Act, the Petitions are accompanied by information reasonably 
available to the petitioner supporting its allegations.
    Commerce finds that the petitioner filed the Petitions 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 for the 
initiation of the requested AD investigations.\6\
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    \6\ See infra, section on ``Determination of Industry Support 
for the Petitions.''
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Periods of Investigation

    Because the Petitions were filed on December 30, 2022, and China 
and Vietnam are non-market economy (NME) countries, pursuant to 19 CFR 
351.204(b)(1), the period of investigation (POI) for the China and 
Vietnam AD investigations is April 1, 2022, through September 30, 2022.

Scope of the Investigations

    The products covered by these investigations are pressure washers 
from China and Vietnam. For a full description of the scope of these 
investigations, see the appendix to this notice.

Comments on the Scope of the Investigations

    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.\7\ On January 10, 2023, 
the petitioner revised the scope language.\8\ The description of 
merchandise covered by these investigations, as described in the 
appendix to this notice, reflects these clarifications.
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    \7\ See General Issues Supplemental Questionnaire.
    \8\ 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).\9\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determinations. If scope comments include factual information,\10\ all 
such factual information should be limited to public information. 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.\11\
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    \9\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \10\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \11\ 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 parties 
consider relevant to the scope of the investigations be submitted 
during this period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigations may be relevant, the party may contact Commerce and 
request permission to submit the additional information. All such 
submissions must be filed on the records of the concurrent AD and CVD 
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.\12\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
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    \12\ 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 help using 
ACCESS can be found at https://access.trade.gov/help.aspx and a 
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf).
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Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of pressure washers to be 
reported in response to Commerce's AD questionnaires. This information 
will be used to identify the key physical characteristics of the 
subject merchandise in order to report the relevant factors of 
production (FOP) accurately, as well as to develop appropriate product 
comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. In order to consider the suggestions of 
interested parties in developing and issuing the AD questionnaires, all 
product characteristics comments must be filed by 5:00 p.m. ET on 
February 8, 2023, which is 20 calendar days from the signature date of 
this notice.\13\ Any rebuttal comments must be filed by 5:00 p.m. ET on 
February 21, 2023.\14\ All comments and submissions to Commerce must be 
filed electronically using ACCESS, as explained above, on the record of 
each of the AD investigations.
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    \13\ See 19 CFR 351.303(b)(1).
    \14\ The deadline for product characteristics 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.

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[[Page 4809]]

Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(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 732(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 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,\15\ 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.\16\
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    \15\ See section 771(10) of the Act.
    \16\ 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 investigations.\17\ 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.\18\
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    \17\ See Petitions 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.
    \18\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Checklist, ``Gas Powered Pressure Washers from the People's 
Republic of China,'' dated concurrently with this notice (China AD 
Checklist); and Checklist, ``Gas Powered Pressure Washers from the 
Socialist Republic of Vietnam,'' dated concurrently with this notice 
(Vietnam AD Checklist) (collectively, Country-Specific AD Initiation 
Checklists), 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).
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    In determining whether the petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the appendix to 
this notice. To establish industry support, the petitioner provided its 
own production in 2021 and compared this to the estimated 2021 
production of the domestic like product for the entire U.S. pressure 
washers industry.\19\ 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.\20\ We relied on data provided by the petitioner for 
purposes of measuring industry support.\21\
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    \19\ See Petitions 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 I-Supp I-7; and Second General Issues 
Supplement at 1-2 and Exhibit S2 I-1.
    \20\ See Petitions at Volume I (pages I-3 through I-4 and 
Exhibit I-2); see also First General Issues Supplement at 5-9 and 
Exhibit Supp I-5; and Second General Issues Supplement at 1-2 and 
Exhibit S2 I-1.
    \21\ See Petitions 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 1-
2 and Exhibit S2 I-1. For further discussion, see Attachment II of 
the Country-Specific AD Initiation Checklists.
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    Our review of the data provided in the Petitions, 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 Petitions.\22\ First, the 
Petitions 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).\23\ Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 732(c)(4)(A)(i) 
of the Act because the domestic producers (or workers) who support the 
Petitions account for at least 25 percent of the total production of 
the domestic like product.\24\ Finally, the domestic producers (or 
workers) have met the statutory criteria for industry support under 
section 732(c)(4)(A)(ii) of the Act because the domestic producers (or 
workers) who support the Petitions 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 
Petitions.\25\ Accordingly, Commerce determines that the Petitions were 
filed on behalf of the domestic industry within the meaning of section 
732(b)(1) of the Act.\26\
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    \22\ See Petitions at Volume I (pages I-3 through I-4 and 
Exhibits I-1 through 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 1-2 and Exhibit S2 I-1. For further discussion, 
see Attachment II of the Country-Specific AD Initiation Checklists.
    \23\ See Attachment II of the Country-Specific AD Initiation 
Checklists; see also section 732(c)(4)(D) of the Act.
    \24\ See Attachment II of the Country-Specific AD Initiation 
Checklists.
    \25\ Id.
    \26\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioner alleges that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\27\
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    \27\ See Petitions at Volume I (pages I-19 through I-20 and 
Exhibit I-8); see also Second General Issues Supplement at 2 and 
Exhibit S2 I-2.
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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

[[Page 4810]]

industry's production, capacity utilization, U.S. shipments, and 
employment variables; declining operating income; and lost sales and 
revenues.\28\ 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.\29\
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    \28\ See Petitions at Volume I (pages I-14 and 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; and Second General Issues Supplement at 2 and Exhibit S2 I-2.
    \29\ See Country-Specific AD Initiation Checklists 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).
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Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate AD investigations of 
imports of pressure washers from China and Vietnam. The sources of data 
for the deductions and adjustments relating to U.S. price and normal 
value (NV) are discussed in greater detail in the Country-Specific AD 
Initiation Checklists.

U.S. Price

    For China and Vietnam, the petitioner based export price (EP) on 
pricing information for sales of, or offers for sale of, pressure 
washers produced in and exported from each country. The petitioner made 
certain adjustments to U.S. price to calculate a net ex-factory U.S. 
price, where applicable.\30\
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    \30\ See Country-Specific AD Initiation Checklists.
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Normal Value

    Commerce considers China and Vietnam to be NME countries.\31\ In 
accordance with section 771(18)(C)(i) of the Act, any determination 
that a foreign country is an NME country shall remain in effect until 
revoked by Commerce. Therefore, we continue to treat China and Vietnam 
as NME countries for purposes of the initiation of these 
investigations. Accordingly, NV in China and Vietnam is appropriately 
based on FOPs valued in surrogate market economy countries, in 
accordance with section 773(c) of the Act.
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    \31\ See Antidumping Duty Investigation of Certain Aluminum Foil 
from the People's Republic of China: Affirmative Preliminary 
Determination of Sales at Less-Than-Fair Value and Postponement of 
Final Determination, 82 FR 50858, 50861 (November 2, 2017), and 
accompanying China NME Status Decision Memorandum, unchanged in 
Certain Aluminum Foil from the People's Republic of China: Final 
Determination of Sales at Less Than Fair Value, 83 FR 9282 (March 5, 
2018); see also Certain Frozen Fish Fillets from the Socialist 
Republic of Vietnam: Final Results, and Final Results of No 
Shipments of the Antidumping Duty Administrative Review; 2016-2017, 
84 FR 18007 (April 29, 2019).
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    The petitioner claims that Turkey is an appropriate surrogate 
country for China because Turkey is a market economy (ME) country that 
is at a level of economic development comparable to that of China and 
is a significant producer of comparable merchandise.\32\ The petitioner 
provided publicly available information from Turkey to value all 
FOPs.\33\ Based on the information provided by the petitioner, we 
determine that it is appropriate to use Turkey as a surrogate country 
for initiation purposes.
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    \32\ See China AD Checklist.
    \33\ Id.
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    The petitioner claims that Indonesia is an appropriate surrogate 
country for Vietnam because Indonesia is a ME country that is at a 
level of economic development comparable to that of Vietnam and is a 
significant producer of comparable merchandise.\34\ The petitioner 
provided publicly available information from Indonesia to value all 
FOPs.\35\ Based on the information provided by the petitioner, we 
determine that it is appropriate to use Indonesia as a surrogate 
country for initiation purposes.
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    \34\ See Vietnam AD Checklist.
    \35\ Id.
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    Interested parties will have the opportunity to submit comments 
regarding surrogate country selection and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs within 30 days before the scheduled 
date of the preliminary determinations.

Factors of Production

    Because information regarding the volume of inputs consumed by 
Chinese and Vietnamese producers/exporters was not reasonably 
available, the petitioner used its own product-specific consumption 
rates as a surrogate to value the FOPs of Chinese and Vietnamese 
manufacturers.\36\ Additionally, the petitioner calculated factory 
overhead; selling, general and administrative expenses; and profit 
based on the experience of a Turkish and Indonesian producer of 
comparable merchandise for China and Vietnam, respectively.\37\
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    \36\ See Country-Specific AD Checklists.
    \37\ Id.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of pressure washers from China and Vietnam are 
being, or are likely to be, sold in the United States at LTFV. Based on 
comparisons of EP to NV in accordance with sections 772 and 773 of the 
Act, the estimated dumping margins for pressure washers for each of the 
countries covered by this initiation are as follows: (1) China--136.70 
and 242.34 percent; and (2) Vietnam--110.23 and 225.65 percent.\38\
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    \38\ Id. for details of the calculations.
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Initiation of LTFV Investigations

    Based upon the examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 732 of 
the Act. Therefore, we are initiating AD investigations to determine 
whether imports of pressure washers from China and Vietnam are being, 
or are likely to be, sold in the United States at LTFV. In accordance 
with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless 
postponed, we will make our preliminary determinations no later than 
140 days after the date of this initiation.

Respondent Selection

    In the Petitions, the petitioner named 27 companies in China and 14 
companies in Vietnam as producers and/or exporters of pressure 
washers.\39\ In accordance with our standard practice for respondent 
selection in AD investigations involving NME countries, Commerce 
selects respondents based on quantity and value (Q&V) questionnaires in 
cases where it has determined that the number of companies is large and 
it cannot individually examine each company based upon its resources. 
Therefore, considering the number of producers and/or exporters 
identified in the Petition, Commerce will solicit Q&V information that 
can serve as a basis for selecting exporters for individual examination 
in the event that Commerce decides to limit the number of respondents 
individually examined pursuant to section 777A(c)(2) of the Act. 
Because there are 27 Chinese and 14 Vietnamese producers and/or 
exporters identified in the Petitions, Commerce has determined that it 
will issue Q&V questionnaires to each potential respondent for which 
the petitioner has provided a complete address.
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    \39\ See Petitions at Volume I (page 13 and Exhibits I-6 and I-
7); see also First General Issues Supplement at 1 and Exhibit Supp 
I-1.

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[[Page 4811]]

    In addition, Commerce will post the Q&V questionnaires along with 
filing instructions on Commerce's website at https://enforcement.trade.gov/questionnaires/questionnaires-ad.html. Producers/
exporters of pressure washers from China and Vietnam that do not 
receive Q&V questionnaires may still submit a response to the Q&V 
questionnaire and can obtain a copy of the Q&V questionnaire from 
Commerce's website. In accordance with the standard practice for 
respondent selection in AD cases involving NME countries, in the event 
Commerce decides to limit the number of respondents individually 
investigated, Commerce intends to base respondent selection on the 
responses to the Q&V questionnaire that it receives.
    Responses to the Q&V questionnaire must be submitted by the 
relevant Chinese and Vietnamese producers/exporters no later than 5:00 
p.m. ET on February 2, 2023, which is two weeks from the signature date 
of this notice. All Q&V questionnaire responses must be filed 
electronically via ACCESS. An electronically filed document must be 
received successfully, in its entirety, by ACCESS no later than 5:00 
p.m. ET on the deadline noted above.
    Interested parties must submit applications for disclosure under 
administrative protective order (APO) in accordance with 19 CFR 
351.305(b). Instructions for filing such applications may be found on 
Commerce's website at https://enforcement.trade.gov/apo. Commerce 
intends to make its decisions regarding respondent selection within 20 
days of publication of this notice.

Separate Rates

    In order to obtain separate rate status in an NME investigation, 
exporters and producers must submit a separate rate application.\40\ 
The specific requirements for submitting a separate rate application in 
an NME investigation are outlined in detail in the application itself, 
which is available on Commerce's website at https://enforcement.trade.gov/nme/nme-sep-rate.html. The separate rate 
application will be due 30 days after publication of this initiation 
notice.\41\ Exporters and producers who submit a separate rate 
application and have been selected as mandatory respondents will be 
eligible for consideration for separate rate status only if they 
respond to all parts of Commerce's AD questionnaire as mandatory 
respondents. Commerce requires that companies from China and Vietnam 
submit a response both to the Q&V questionnaire and to the separate 
rate application by the respective deadlines in order to receive 
consideration for separate rate status. Companies not filing a timely 
Q&V questionnaire response will not receive separate rate 
consideration.
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    \40\ See Enforcement and Compliance's Policy Bulletin 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigation involving NME Countries,'' (April 
5, 2005) (Policy Bulletin 05.1), available at https://enforcement.trade.gov/policy/bull05-1.pdf.
    \41\ Although in past investigations this deadline was 60 days, 
consistent with 19 CFR 351.301(a), which states that ``the Secretary 
may request any person to submit factual information at any time 
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates

    Commerce will calculate combination rates for certain respondents 
that are eligible for a separate rate in an NME investigation. The 
Separate Rates and Combination Rates Bulletin states:

    {w{time} hile continuing the practice of assigning separate 
rates only to exporters, all separate rates that {Commerce{time}  
will now assign in its NME Investigation will be specific to those 
producers that supplied the exporter during the period of 
investigation. Note, however, that one rate is calculated for the 
exporter and all of the producers which supplied subject merchandise 
to it during the period of investigation. This practice applies both 
to mandatory respondents receiving an individually calculated 
separate rate as well as the pool of non-investigated firms 
receiving the {weighted average{time}  of the individually 
calculated rates. This practice is referred to as the application of 
``combination rates'' because such rates apply to specific 
combinations of exporters and one or more producers. The cash-
deposit rate assigned to an exporter will apply only to merchandise 
both exported by the firm in question and produced by a firm that 
supplied the exporter during the period of investigation.\42\
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    \42\ See Policy Bulletin 05.1 at 6 (emphasis added).
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Distribution of Copies of the AD Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the AD Petitions have been 
provided to the governments of China and Vietnam via ACCESS. To the 
extent practicable, we will attempt to provide a copy of the public 
version of the AD Petitions to each exporter named in the AD Petitions, 
as provided under 19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of its initiation, as required by 
section 732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the AD Petitions were filed, whether there is a reasonable 
indication that imports of pressure washers from China and/or Vietnam 
are materially injuring, or threatening material injury to, a U.S. 
industry.\43\ A negative ITC determination for any country will result 
in the investigation being terminated with respect to that country.\44\ 
Otherwise, these AD investigations will proceed according to statutory 
and regulatory time limits.
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    \43\ See section 733(a) of the Act.
    \44\ 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 \45\ 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.\46\ 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 these investigations.
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    \45\ See 19 CFR 351.301(b).
    \46\ 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.\47\ 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

[[Page 4812]]

untimely for submissions which are due from multiple parties 
simultaneously. In such a case, we 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, standalone 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 these investigations.\48\
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    \47\ See 19 CFR 351.302.
    \48\ 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 https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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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.\49\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\50\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \49\ See section 782(b) of the Act.
    \50\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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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 these investigations should ensure that they meet the requirements 
of 19 CFR 351.103(d) (e.g., by filing the required letter of 
appearance). Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\51\
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    \51\ 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 732(c)(2) 
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 Investigations

    The merchandise covered by these investigations 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 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 these investigations 
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 these investigations 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.
[FR Doc. 2023-01477 Filed 1-24-23; 8:45 am]
BILLING CODE 3510-DS-P