[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Notices]
[Pages 39221-39223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12766]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-008]


Gas Powered Pressure Washers From the Socialist Republic of 
Vietnam: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value and Preliminary Determination of Critical Circumstances

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain gas powered pressure washers (pressure washers) 
from the Socialist Republic of Vietnam (Vietnam) are being, or are 
likely to be, sold in the United States at less than fair value (LTFV). 
The period of investigation is April 1, 2022, through September 30, 
2022. Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable June 15, 2023.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Matthew Palmer, AD/
CVD Operations, Office III, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4243 or (202) 
482-1678, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on January 19, 
2023.\1\
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    \1\ 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 (January 25, 2023); see 
also Gas Powered Pressure Washers from the People's Republic of 
China: Initiation of Countervailing Duty Investigation, 88 FR 4812 
(January 25, 2023) (Initiation Notice) (collectively, Initiation 
Notices).
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\2\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Gas 
Powered Pressure Washers from the Socialist Republic of Vietnam,'' 
dated concurrently with, and hereby adopted by this notice 
(Preliminary Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are gas powered pressure 
washers from Vietnam. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\3\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\4\ Northern Tool + 
Equipment, Inc. (NTE) commented on the scope of the investigation, 
requesting the addition of exclusion language to the scope as it 
appeared in the Initiation Notice.\5\ FNA Group, Inc. (the petitioner) 
submitted rebuttal comments, requesting the scope remain unchanged.\6\ 
Commerce preliminarily determines the scope language requires no 
revisions. For further information, see the Preliminary Scope Decision 
Memorandum, dated concurrently with this notice.
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    \3\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997).
    \4\ See Initiation Notices.
    \5\ See NTE's Letter, ``Scope Comments of Northern Tool + 
Equipment Co.,'' dated February 8, 2023.
    \6\ See Petitioner's Letter, ``Response to Scope Comments,'' 
dated February 21, 2023.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Pursuant to sections 776(a) and (b) of the Act, 
Commerce preliminarily has relied upon facts otherwise available, with 
adverse inferences, because no Vietnamese producer or exporter of 
pressure washers participated in this investigation. For a full 
description of the methodology underlying Commerce's preliminary 
determination, see the Preliminary Decision Memorandum.

Preliminary Affirmative Determination of Critical Circumstances

    In accordance with section 733(e) of the Act and 19 CFR 351.206, 
Commerce preliminarily determines that critical circumstances exist 
with respect to imports of pressure washers from Vietnam for the 
Vietnam-wide entity. For a full description of the methodology and 
results of Commerce's critical circumstances analysis, see the 
Preliminary Decision Memorandum.

Combination Rates

    In the Initiation Notice,\7\ Commerce stated that it would 
calculate producer/exporter combination rates for the respondents that 
are eligible for a separate rate in this investigation. Policy Bulletin 
05.1 describes this practice.\8\ In

[[Page 39222]]

this case, because no respondent qualified for a separate rate, 
producer/exporter combination rates were not calculated.
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    \7\ See Initiation Notice, 88 FR at 4811.
    \8\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist for the period, April 1, 2022, 
through September 30, 2022:

------------------------------------------------------------------------
                                                            Estimated
                                                            weighted-
                   Producer/exporter                     average dumping
                                                              margin
                                                            (percent)
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Vietnam-Wide Entity \9\................................          225.65
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Suspension of Liquidation
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    \9\ See Preliminary Decision Memorandum at section VI., 
``Application of Facts Available and Adverse Inferences.''
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    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register, as discussed below. 
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 
351.205(d), Commerce will instruct CBP to require a cash deposit equal 
to the weighted-average dumping margin as indicated in the chart above.
    Section 733(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstances, any suspension of liquidation 
shall apply to unliquidated entries of merchandise entered, or 
withdrawn from warehouse, for consumption on or after the later of (a) 
the date which is 90 days before the date on which the suspension of 
liquidation was first ordered, or (b) the date on which notice of 
initiation of the investigation was published. Commerce preliminarily 
finds that critical circumstances exist for imports of subject 
merchandise from the Vietnam-wide entity. In accordance with section 
733(e)(2)(A) of the Act, the suspension of liquidation shall apply to 
all unliquidated entries of merchandise from all producers and/or 
exporters of pressure washers from Vietnam that were entered, or 
withdrawn from warehouse, for consumption on or after the date which is 
90 days before the publication of this notice in the Federal Register.
    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a preliminary determination within five 
days of its public announcement or, if there is no public announcement, 
within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b). However, because Commerce relied 
entirely on facts available with adverse inferences for the Vietnam-
wide entity in accordance with section 776 of the Act, and the applied 
adverse facts available rate is based solely on the petition, there are 
no calculations to disclose.

Verification

    Because Commerce preliminarily determines in accordance with 
section 776(b) of the Act that the Vietnam-wide entity has been 
uncooperative, Commerce will not conduct a verification.

Public Comment

    Case briefs or other written comments on non-scope issues may be 
submitted to the Assistant Secretary for Enforcement and Compliance no 
later than 30 days after the date of publication of the preliminary 
determination unless the Secretary alters the time limit. Rebuttal 
briefs, limited to issues raised in these case briefs, may be submitted 
no later than seven days after the deadline date for case briefs.\10\ 
Note that Commerce has temporarily modified certain of its requirements 
for serving documents containing business proprietary information, 
until further notice.\11\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
are encouraged to submit with each argument: (1) a statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
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    \10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \11\ 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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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

U.S. International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its preliminary 
determination of sales at LTFV. If the final determination is 
affirmative, the ITC will determine before the later of 120 days after 
the date of this preliminary determination or 45 days after the final 
determination whether imports of pressure washers from Vietnam are 
materially injuring, or threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: June 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is cold water gas 
powered pressure washers (also commonly known as power washers), 
which are machines that clean surfaces using water pressure that are 
powered by an internal combustion engine, air-cooled with a power 
take-off shaft, in combination with a positive displacement pump. 
This combination of components (i.e., the internal combustion 
engine, the power take-off shaft, and the positive displacement 
pump) is defined as the ``power unit.'' The scope of this 
investigation covers cold water gas powered pressure washers, 
whether finished or unfinished, whether assembled or unassembled, 
and whether or not containing any additional parts or accessories to 
assist in the function of the ``power unit,'' including, but not 
limited to, spray guns, hoses, lances, and nozzles. The scope of 
this investigation covers cold water gas powered pressure washers, 
whether or not assembled or packaged with a frame, cart, or trolley, 
with or without wheels attached.
    For purposes of this investigation, an unfinished and/or 
unassembled cold water gas powered pressure washer consists of, at a 
minimum, the power unit or components of the power unit, packaged or 
imported together. Importation of the power unit whether or not 
accompanied by, or attached to, additional components including, but 
not

[[Page 39223]]

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 Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
VI. Discussion of the Methodology
VII. Preliminary Determination of Critical Circumstances
VIII. Recommendation

[FR Doc. 2023-12766 Filed 6-14-23; 8:45 am]
BILLING CODE 3510-DS-P