[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Notices]
[Pages 40865-40867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13312]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-684 and 731-TA-1597-1598 (Final)]


Gas Powered Pressure Washers From China and Vietnam; Scheduling 
of the Final Phase of Countervailing Duty and Antidumping Duty 
Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-684 and 731-TA-1597-1598 (Final) pursuant to the Tariff Act of 
1930 (``the Act'') to determine whether an industry in the United 
States is materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports of gas powered pressure washers from 
China and Vietnam, provided for in statistical reporting numbers at 
8424.30.9000 and 8424.90.9040 of the Harmonized Tariff Schedule of the 
United States, for which the Department of Commerce (``Commerce'') has 
preliminarily determined that imports of gas powered pressure washers 
from China are subsidized by the Government of China, and that imports 
of gas powered pressure washers from Vietnam are sold at less than fair 
value.

DATES: June 8, 2023.

FOR FURTHER INFORMATION CONTACT: Nitin Joshi ((202) 708-1669), Office 
of Investigations, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Scope.--For purposes of these investigations, Commerce has defined 
the subject merchandise as 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 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 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.
    Background.--The final phase of these investigations is being 
scheduled

[[Page 40866]]

pursuant to sections 705(b) and 731(b) of the Tariff Act of 1930 (19 
U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative preliminary 
determinations by Commerce that certain benefits which constitute 
subsidies within the meaning of section 703 of the Act (19 U.S.C. 
1671b) are being provided to manufacturers, producers, or exporters in 
China of gas powered pressure washers (88 FR 36531), and that imports 
of gas powered pressure washers from Vietnam are being sold in the 
United States at less than fair value within the meaning of section 733 
of the Act (19 U.S.C. 1673b). Commerce's preliminary determination with 
respect to imports of gas powered pressure washers from China that are 
alleged to be sold in the United States at less than fair value is 
pending. The investigations were requested in petitions filed on 
December 30, 2022, by FNA Group, Inc., Pleasant Prairie, WI.
    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec.  201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Please note the Secretary's Office will accept only electronic 
filings during this time. Filings must be made through the Commission's 
Electronic Document Information System (EDIS, https://edis.usitc.gov). 
No in-person paper-based filings or paper copies of any electronic 
filings will be accepted until further notice.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec.  207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on August 
11, 2023, and a public version will be issued thereafter, pursuant to 
Sec.  207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on Thursday, 
August 24, 2023. Requests to appear at the hearing should be filed in 
writing with the Secretary to the Commission on or before Friday, 
August 18, 2023. Any requests to appear as a witness via 
videoconference must be included with your request to appear. Requests 
to appear via videoconference must include a statement explaining why 
the witness cannot appear in person; the Chairman, or other person 
designated to conduct the investigation, may in their discretion for 
good cause shown, grant such a request. Requests to appear as remote 
witness due to illness or a positive COVID-19 test result may be 
submitted by 3pm the business day prior to the hearing. Further 
information about participation in the hearing will be posted on the 
Commission's website at https://www.usitc.gov/calendarpad/calendar.html.
    A nonparty who has testimony that may aid the Commission's 
deliberations may request permission to present a short statement at 
the hearing. All parties and nonparties desiring to appear at the 
hearing and make oral presentations should attend a prehearing 
conference, if deemed necessary, to be held at 9:30 a.m. on Tuesday, 
August 22, 2023. Parties shall file and serve written testimony and 
presentation slides in connection with their presentation at the 
hearing by no later than 4:00 p.m. on August 23, 2023. Oral testimony 
and written materials to be submitted at the public hearing are 
governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the 
Commission's rules. Parties must submit any request to present a 
portion of their hearing testimony in camera no later than 7 business 
days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of Sec.  207.23 of the Commission's rules; 
the deadline for filing is August 18, 2023. Parties shall also file 
written testimony in connection with their presentation at the hearing, 
and posthearing briefs, which must conform with the provisions of Sec.  
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is August 31, 2023. In addition, any person who has not entered 
an appearance as a party to the investigations may submit a written 
statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before August 31, 2023. On September 18, 2023, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before September 20, 2023, but such 
final comments must not contain new factual information and must 
otherwise comply with Sec.  207.30 of the Commission's rules. All 
written submissions must conform with the provisions of Sec.  201.8 of 
the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of Sec. Sec.  201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's Handbook on Filing Procedures, 
available on the Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the 
Commission's procedures with respect to filings.
    Additional written submissions to the Commission, including 
requests pursuant to Sec.  201.12 of the Commission's rules, shall not 
be accepted unless good cause is shown for accepting such submissions, 
or unless the submission is pursuant to a specific request by a 
Commissioner or Commission staff.
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the 
investigations must be served on all other parties to the 
investigations (as identified by either the public or BPI service 
list), and a certificate of service must be timely filed. The Secretary 
will not accept a document for filing without a certificate of service.
    Authority: These investigations are being conducted under authority 
of title VII of the Tariff Act of 1930; this notice

[[Page 40867]]

is published pursuant to Sec.  207.21 of the Commission's rules.

    By order of the Commission.

    Issued: June 16, 2023.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2023-13312 Filed 6-21-23; 8:45 am]
BILLING CODE 7020-02-P