[Federal Register Volume 88, Number 16 (Wednesday, January 25, 2023)]
[Notices]
[Pages 4812-4816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01478]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-149]


Gas Powered Pressure Washers From the People's Republic of China: 
Initiation of Countervailing Duty Investigation

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

DATES: Applicable January 19, 2023

FOR FURTHER INFORMATION CONTACT: Brontee George, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4656.

SUPPLEMENTARY INFORMATION: 

The Petition

    On December 30, 2022, the U.S. Department of Commerce (Commerce) 
received a countervailing duty (CVD) petition concerning imports of gas 
powered pressure washers (pressure washers) from the People's Republic 
of China (China) filed in proper form on behalf of FNA Group, Inc. (the 
petitioner), a domestic producer of pressure washers.\1\ The CVD 
petition was accompanied by antidumping duty (AD) petitions concerning 
imports of pressure washers from China, and the Socialist Republic of 
Vietnam.\2\
---------------------------------------------------------------------------

    \1\ 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 (Petition).
    \2\ Id.
---------------------------------------------------------------------------

    On January 4, 2023, Commerce requested supplemental information 
pertaining to certain aspects of the Petition.\3\ On January 10, 2023, 
the

[[Page 4813]]

petitioner filed timely responses to these requests for additional 
information.\4\ On January 11, 2023, Commerce held a teleconference 
with the petitioner to address the General Issues Supplement and 
additionally issue a second supplemental questionnaire.\5\ On January 
12, 2023, the petitioner filed a timely response to the supplemental 
questionnaire.\6\
---------------------------------------------------------------------------

    \3\ 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; and ``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); see also Memorandum, ``Phone 
Call with Counsel to the Petitioner,'' dated January 11, 2023 
(General Issues Memorandum).
    \4\ See Petitioner's Letters, ``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: Supplemental Questionnaire Response--
China CVD,'' dated January 10, 2023.
    \5\ See Commerce's Memo, ``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: Phone Call with Counsel to the 
Petitioner,'' dated January 11, 2023.
    \6\ See Petitioner's Letters, ``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).
---------------------------------------------------------------------------

    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of China 
(GOC) is providing countervailable subsidies, within the meaning of 
sections 701 and 771(5) of the Act, to producers of pressure washers in 
China and that such imports are materially injuring, or threatening 
material injury to, the domestic industry producing in the United 
States. Consistent with section 702(b)(1) of the Act and 19 CFR 
351.202(b), for those alleged programs on which we are initiating a CVD 
investigation, the Petition is supported by information reasonably 
available to the petitioner.
    Commerce finds that the petitioner filed the Petition 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 with respect to the 
initiation of the requested CVD investigation.\7\
---------------------------------------------------------------------------

    \7\ See ``Determination of Industry Support for the Petition'' 
section, infra.
---------------------------------------------------------------------------

Period of Investigation

    Because the Petition was filed on December 30, 2022, the period of 
investigation (POI) is January 1, 2021, through December 31, 2021.\8\
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is pressure washers from 
China. For a full description of the scope of this investigation, see 
the appendix to this notice.

Comments on the Scope of the Investigation

    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.\9\ On January 10, 2023, 
the petitioner revised the scope language.\10\ The description of 
merchandise covered by this investigation, as described in the appendix 
to this notice, reflects these clarifications.
---------------------------------------------------------------------------

    \9\ See General Issues Supplemental Questionnaire.
    \10\ See First General Issues Supplement at 1-5 and Exhibit Supp 
I-3.
---------------------------------------------------------------------------

    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).\11\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information, all such 
factual information should be limited to public information.\12\ 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.\13\
---------------------------------------------------------------------------

    \11\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble).
    \12\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \13\ 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).
---------------------------------------------------------------------------

    Commerce requests that any factual information that the parties 
consider relevant to the scope of the investigation be submitted during 
this time period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigation may be relevant, the party may contact Commerce and 
request permission to submit the additional information. All scope 
comments must also be filed on the record of the concurrent AD 
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.\14\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------

    \14\ 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 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.
---------------------------------------------------------------------------

Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the GOC of the receipt of the Petition and provided it an 
opportunity for consultations with respect to the Petition.\15\ 
However, the GOC did not request consultations.
---------------------------------------------------------------------------

    \15\ See Commerce's Letter, ``Invitation for Consultations to 
Discuss the Countervailing Duty Petition,'' dated January 12, 2023.
---------------------------------------------------------------------------

Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(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 702(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

[[Page 4814]]

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,\16\ 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.\17\
---------------------------------------------------------------------------

    \16\ See section 771(10) of the Act.
    \17\ 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)).
---------------------------------------------------------------------------

    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 investigation.\18\ 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.\19\
---------------------------------------------------------------------------

    \18\ See Petition 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.
    \19\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Countervailing Duty Investigation Initiation Checklist: Gas Powered 
Pressure Washers from the People's Republic of China (China CVD 
Initiation Checklist) 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 (Attachment II). This checklist is 
dated concurrently with this notice and on file electronically via 
ACCESS.
---------------------------------------------------------------------------

    In determining whether the petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the appendix to 
this notice. To establish industry support, the petitioner provided its 
own production in 2021 and compared this to the estimated total 2021 
production of the domestic like product for the entire U.S. pressure 
washers industry.\20\ 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.\21\ We relied on data provided by the petitioner for 
purposes of measuring industry support.\22\
---------------------------------------------------------------------------

    \20\ See Petition 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 Supp I-7; and Second General Issues Supplement at 1 
and 2 and Exhibit S2 I-1.
    \21\ See Petition 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 Supp I-7; and Second General Issues Supplement at 1 
and 2 and Exhibit S2 I-1.
    \22\ See Petition 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 2 
and Exhibit S2 I-2. For further discussion, see Attachment II of the 
China CVD Initiation Checklist.
---------------------------------------------------------------------------

    Our review of the data provided in the Petition, 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 Petition.\23\ First, the 
Petition 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).\24\ Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 702(c)(4)(A)(i) 
of the Act because the domestic producers (or workers) who support the 
Petition account for at least 25 percent of the total production of the 
domestic like product.\25\ Finally, the domestic producers (or workers) 
have met the statutory criteria for industry support under section 
702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) 
who support the Petition 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 Petition.\26\ 
Accordingly, Commerce determines that the Petition was filed on behalf 
of the domestic industry within the meaning of section 702(b)(1) of the 
Act.\27\
---------------------------------------------------------------------------

    \23\ See Petition at Volume I (pages I-3 through I-4 and 
Exhibits I-1 through I-2); see also General Issues Supplement at 5-9 
and Exhibits Supp I-4 through Supp I-7; and Second General Issues 
Supplement at 2 and Exhibit S2 I-2. For further discussion, see 
Attachment II of the China CVD Initiation Checklist.
    \24\ See Attachment II of China CVD Initiation Checklist; see 
also section 702(c)(4)(D) of the Act.
    \25\ See Attachment II of the China CVD Initiation Checklist.
    \26\ Id.
    \27\ Id.
---------------------------------------------------------------------------

Injury Test

    Because China is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from China materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports exceed the negligibility threshold 
provided for under section 771(24)(A) of the Act.\28\
---------------------------------------------------------------------------

    \28\ See Petition at Volume I (pages I-19 through I-20 and 
Exhibit I-8).
---------------------------------------------------------------------------

    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 industry's production, capacity utilization, 
U.S. shipments, and employment variables; declining operating income; 
and lost sales and revenues.\29\ 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.\30\
---------------------------------------------------------------------------

    \29\ See Petition at Volume I (pages I-14, 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.
    \30\ See China CVD Initiation Checklist 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 (Attachment III).

---------------------------------------------------------------------------

[[Page 4815]]

Initiation of CVD Investigation

    Based upon the examination of the Petition and supplemental 
responses, we find that they meet the requirements of section 702 of 
the Act. Therefore, we are initiating a CVD investigation to determine 
whether imports of pressure washers from China benefit from 
countervailable subsidies conferred by the GOC. Based on our review of 
the Petition, we find that there is sufficient information to initiate 
a CVD investigation on 15 of the 17 alleged programs. For a full 
discussion of the basis for our decision to initiate on each program, 
see the China CVD Initiation Checklist. A public version of the 
initiation checklist for this investigation is available on ACCESS. In 
accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), 
unless postponed, we will make our preliminary determination no later 
than 65 days after the date of this initiation.

Respondent Selection

    The petitioner named 27 companies in China as producers and/or 
exporters of pressure washers.\31\ Commerce normally selects 
respondents in a CVD investigation using U.S. Customs and Border 
Protection (CBP) entry data. However, for this investigation, the 
Harmonized Tariff Schedule of the United States (HTSUS) numbers for the 
subject merchandise would enter under are basket categories containing 
many products unrelated to pressure washers, and the HTSUS numbers 
allow for the reporting of differing units of quantity. Therefore, we 
cannot rely on CBP entry data in selecting respondents. Instead, for 
this investigation, Commerce will request quantity and value (Q&V) 
information from known exporters and producers identified, with 
complete contact information, in the Petition. In addition, Commerce 
will post the Q&V questionnaire along with filing instructions on the 
Enforcement & Compliance website at http://www.trade.gov/enforcement/news.asp.
---------------------------------------------------------------------------

    \31\ See Petition at Volume I (Exhibit I-9).
---------------------------------------------------------------------------

    Producers/exporters of pressure washers from China who do not 
receive Q&V questionnaires by mail may still submit a response to the 
Q&V questionnaire and can obtain a copy from the Enforcement & 
Compliance website. All Q&V responses must be filed electronically via 
ACCESS. In the event that Commerce determines that the number of 
companies is large and it cannot individually examine each company 
based upon Commerce's resources, where appropriate, Commerce intends to 
select mandatory respondents based on the responses to the Q&V 
questionnaire that it receives.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the GOC via ACCESS. To the extent practicable, we will 
attempt to provide a copy of the public version of the CVD Petition to 
each exporter named in the CVD Petition, as provided under 19 CFR 
351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of its initiation, as required by 
section 702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of pressure washers from China are materially 
injuring, or threatening material injury to, a U.S. industry.\32\ A 
negative ITC determination will result in the investigation being 
terminated.\33\ Otherwise, this CVD investigation will proceed 
according to statutory and regulatory time limits.
---------------------------------------------------------------------------

    \32\ See section 703(a)(1) of the Act.
    \33\ Id.
---------------------------------------------------------------------------

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 \34\ 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.\35\ 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 this investigation.
---------------------------------------------------------------------------

    \34\ See 19 CFR 351.301(b).
    \35\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

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, or as otherwise specified by 
Commerce.\36\ 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 untimely for submissions which 
are due from multiple parties simultaneously. In such a case, Commerce 
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, stand-alone 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 this investigation.\37\
---------------------------------------------------------------------------

    \36\ See 19 CFR 351.302.
    \37\ 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.
---------------------------------------------------------------------------

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\38\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\39\ Commerce intends to reject factual submissions if the 
submitting party does not comply with

[[Page 4816]]

the applicable certification requirements.
---------------------------------------------------------------------------

    \38\ See section 782(b) of the Act.
    \39\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

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 this investigation should ensure that they meet the requirements of 
19 CFR 351.103(d) (e.g., by filing the required letters of appearance). 
Note that Commerce has temporarily modified certain of its requirements 
for serving documents containing business proprietary information, 
until further notice.\40\
---------------------------------------------------------------------------

    \40\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    This notice is issued and published pursuant to sections 702 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 Investigation

    The merchandise covered by this investigation is gas powered 
pressure washers (also commonly known as pressure 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 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 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.

[FR Doc. 2023-01478 Filed 1-24-23; 8:45 am]
BILLING CODE 3510-DS-P