[Federal Register Volume 89, Number 29 (Monday, February 12, 2024)]
[Notices]
[Pages 9834-9838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02902]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-148, C-570-149]


Gas Powered Pressure Washers From the People's Republic of China: 
Antidumping Duty and Countervailing Duty Orders

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

SUMMARY: Based on affirmative final determinations by the U.S. 
Department of Commerce (Commerce) and the U.S. International Trade 
Commission (ITC), Commerce is issuing antidumping duty (AD) and 
countervailing duty (CVD) orders on gas powered pressure washers 
(pressure washers) from People's Republic of China (China).

DATES: Applicable February 12, 2024.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla (AD) or Ted Pearson 
(CVD), AD/CVD Operations, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-3477 or (202) 
482-2631, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 705(d) and 735(d) of the Tariff Act of 
1930, as

[[Page 9835]]

amended (the Act), on December 21, 2023, Commerce published its 
affirmative final determination in the less-than-fair-value (LTFV) 
investigation of pressure washers from China \1\ and, on December 22, 
2023, its affirmative final determination in the CVD investigation of 
pressure washers from China.\2\
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    \1\ See Gas Powered Pressure Washers from the People's Republic 
of China: Final Affirmative Determination of Sales at Less Than Fair 
Value and Final Affirmative Determination of Critical Circumstances, 
88 FR 88365 (December 21, 2023).
    \2\ See Gas Powered Pressure Washers from the People's Republic 
of China: Final Affirmative Countervailing Duty Determination and 
Final Affirmative Critical Circumstances Determination, in Part, 88 
FR 88578 (December 22, 2023).
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    On February 5, 2024, pursuant to sections 705(d) and 735(d) of the 
Act, the ITC notified Commerce of its final determinations that an 
industry in the United States is materially injured by reason of LTFV 
imports of pressure washers from China and subsidized imports of 
pressure washers from China, within the meaning of sections 
705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act.\3\
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    \3\ See ITC's Letter, ``Notification Letter: Investigation Nos. 
701-TA-684 and 731-TA-1597 (Final),'' dated February 5, 2024 (ITC 
Notification Letter).
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Scope of the Orders

    The products covered by these orders are gas powered pressure 
washers from China. For a complete description of the scope of these 
orders, see the appendix to this notice.

AD Order

    As stated above, on February 5, 2024, in accordance with section 
735(d) of the Act, the ITC notified Commerce of its final determination 
in this investigation in which it found that an industry in the United 
States is materially injured within the meaning of section 
735(b)(1)(A)(i) of the Act by reason of imports of pressure washers 
from China that are sold at LTFV.\4\ Therefore, in accordance with 
section 735(c)(2) and 736 of the Act, Commerce is issuing this AD 
order. Because the ITC determined that imports of pressure washers from 
China are materially injuring a U.S. industry, unliquidated entries of 
such merchandise from China, entered or withdrawn from warehouse for 
consumption, are subject to the assessment of antidumping duties.
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    \4\ Id.
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    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by Commerce, antidumping duties equal 
to the amount by which the normal value of the merchandise exceeds the 
export price (or constructed export price) of the merchandise, for all 
relevant entries of pressure washers from China. Antidumping duties 
will be assessed on unliquidated entries of pressure washers from China 
entered, or withdrawn from warehouse, for consumption, on or after 
August 3, 2023, the date of publication of the AD Preliminary 
Determination in the Federal Register, but will not include entries 
occurring after the expiration of the provisional measures period and 
before publication of the ITC's final injury determination, as further 
described in the ``Provisional Measures--AD'' section below.\5\
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    \5\ See Gas Powered Pressure Washers from the People's Republic 
of China: Preliminary Affirmative Determination of Sales at Less 
Than Fair Value, Preliminary Affirmative Critical Circumstances 
Determination, in Part, Postponement of Final Determination, and 
Extension of Provisional Measures, 88 FR 51279 (August 3, 2023) (AD 
Preliminary Determination), and accompanying Preliminary Decision 
Memorandum.
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Continuation of Suspension of Liquidation--AD

    Except as noted in the ``Provisional Measures--AD'' section of this 
notice, in accordance with section 735(c)(1)(B) of the Act, Commerce 
will instruct CBP to continue to suspend liquidation on all relevant 
entries of pressure washers from China. These instructions suspending 
liquidation will remain in effect until further notice.
    Commerce will also instruct CBP to require cash deposits equal to 
the estimated weighted-average dumping margin indicated in the table 
below. Accordingly, effective on the date of publication in the Federal 
Register of the notice of the ITC's final affirmative injury 
determination, CBP will require, at the same time as importers would 
normally deposit estimated duties on subject merchandise, a cash 
deposit equal to the rate listed below.

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:

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                                                                                Estimated         Cash deposit
                                                                             weighted-average  rate adjusted for
                  Exporter                              Producer              dumping margin    export offset(s)
                                                                                (percent)           (percent)
----------------------------------------------------------------------------------------------------------------
Jiangsu Jianghuai Engine Co., Ltd..........  Jiangsu Jianghuai Engine Co.,             274.37             263.83
                                              Ltd.
Sumec Hardware and Tools Co., Ltd..........  Sumec Hardware and Tools Co.,             179.88             169.34
                                              Ltd.
Zhejiang Danau Machine Co., Ltd............  Zhejiang Danau Machine Co.,               179.88             169.34
                                              Ltd.
China-Wide Entity..........................  .............................             274.37             263.83
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Critical Circumstances--AD

    With respect to the ITC's negative critical circumstances 
determination on imports of pressure washers from China, Commerce 
intends to instruct CBP to lift suspension and to refund any cash 
deposits made to secure the payment of estimated antidumping duties 
with respect to entries of the subject merchandise from China entered, 
or withdrawn from warehouse, for consumption on or after May 5, 2023 
(i.e., 90 days prior to the date of the publication of the AD 
Preliminary Determination), but before August 3, 2023 (i.e., the date 
of publication of the AD Preliminary Determination).

Provisional Measures--AD

    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
that Commerce extend the four-month period to no more than six months. 
At the request of exporters that account for a significant proportion 
of pressure washers from China, Commerce extended the four-month period 
to six-months.\6\ In the underlying investigation, Commerce published 
the preliminary determination on August 3, 2023. Therefore, the 
extended period, beginning on the date of publication of the AD 
Preliminary Determination, ended on January 29, 2024. Furthermore, 
section 737(b) of the Act states that definitive duties are to begin on 
the date of publication of the ITC's final injury determination.
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    \6\ See AD Preliminary Determination.

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[[Page 9836]]

    The provisional measures period, beginning on the date of 
publication of the AD Preliminary Determination, ended on January 29, 
2024. Therefore, in accordance with section 733(d) of the Act, Commerce 
will instruct CBP to terminate the suspension of liquidation and to 
liquidate, without regard to antidumping duties, unliquidated entries 
of pressure washers from China entered, or withdrawn from warehouse, 
for consumption after January 29, 2024, the final day on which the 
provisional measures were in effect, until and through the day 
preceding the date of publication of the ITC's final affirmative injury 
determinations in the Federal Register. Suspension of liquidation and 
the collection of cash deposits will resume on the date of publication 
of the ITC's final determination in the Federal Register.

CVD Order

    As stated above, based on the above-referenced affirmative final 
determination by the ITC that an industry in the United States is 
materially injured within the meaning of section 705(b)(1)(A)(i) of the 
Act by reason of subsidized imports of pressure washers from China, in 
accordance with section 705(c)(2) of the Act, Commerce is issuing this 
CVD order.\7\
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    \7\ See ITC Notification Letter.
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    Therefore, in accordance with section 706(a) of the Act, Commerce 
intends to direct CBP to assess, upon further instruction by Commerce, 
countervailing duties on all relevant entries of pressure washers from 
China entered, or withdrawn from warehouse, for consumption on or after 
June 5, 2023, the date of publication of the CVD Preliminary 
Determination,\8\ but will not include entries occurring after the 
expiration of the provisional measures period and before the 
publication of the ITC's final injury determination under section 
705(b) of the Act, as further described in the ``Provisional Measures--
CVD'' section of this notice.
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    \8\ See Gas Powered Pressure Washers from the People's Republic 
of China: Preliminary Affirmative Countervailing Duty Determination, 
Preliminary Affirmative Critical Circumstances Determination, in 
Part, and Alignment of Final Determination with Final Antidumping 
Duty Determination, 88 FR 36531 (June 5, 2023) (CVD Preliminary 
Determination).
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Suspension of Liquidation and Cash Deposits--CVD

    In accordance with section 706 of the Act, Commerce will instruct 
CBP to reinstitute the suspension of liquidation of pressure washers 
from China, effective on the date of publication of the ITC's final 
affirmative injury determination in the Federal Register. These 
instructions suspending liquidation will remain in effect until further 
notice.
    Commerce also intends, pursuant to section 706(a)(1) of the Act, to 
instruct CBP to require cash deposits equal to the amounts as indicated 
below. Accordingly, effective on the date of publication of the ITC's 
final affirmative injury determination in the Federal Register, CBP 
will require, at the same time as importers would deposit estimated 
normal customs duties on the subject merchandise, a cash deposit for 
each entry of subject merchandise equal to the subsidy rates listed 
below.\9\ The all-others rate applies to all producers or exporters not 
specifically listed below, as appropriate.
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    \9\ See section 706(a)(3) of the Act.
    \10\ Commerce finds the following company to be cross-owned with 
JD Power: Jiangsu Nonghua Intelligent Agriculture Technology Co., 
Ltd.

------------------------------------------------------------------------
                                                  Subsidy rate  (percent
                    Company                            ad valorem)
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Jiangsu Jianghuai Engine Co., Ltd.\10\.........                    11.19
Chongqing Dajiang Power Equipment Co., Ltd.....                   206.57
China GTL Tools Group, Ltd.....................                   206.57
Loncin Motor Co., Ltd..........................                   206.57
Maxworld Home Co., Ltd.........................                   206.57
Ningbo Jugang Machinery Manufacturing Co., Ltd.                   206.57
Powerful Machinery & Electronics Technology                       206.57
 Developing Co., Ltd...........................
Pinghu Biyi Cleaning Equipment Co., Ltd........                   206.57
Senci Electric Machinery Co., Ltd..............                   206.57
Taizhou Bison Machinery Co., Ltd...............                   206.57
Taizhou Longfa Machinery Co., Ltd..............                   206.57
Taizhou Newland Machinery Co., Ltd.............                   206.57
Zhejiang Anlu Cleaning Machinery Co., Ltd......                   206.57
Zhejiang Constant Power Machinery Co., Ltd.....                   206.57
Zhejiang Lingben Machinery & Electronics Co.,                     206.57
 Ltd...........................................
Zhejiang Xinchang Bigyao Power Tool Co., Ltd...                   206.57
Zhejiang Zhinanche Cleaning Equipment Co., Ltd.                   206.57
All Others.....................................                    11.19
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Provisional Measures--CVD

    Section 703(d) of the Act states that the suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months. Commerce published the CVD 
Preliminary Determination on June 5, 2023. As such, the four-month 
period beginning on the date of publication of the CVD Preliminary 
Determination ended on October 2, 2023. Pursuant to section 707(b) of 
the Act, the collection of cash deposits at the rates listed above will 
begin on the date of publication of the ITC's final affirmative injury 
determination.
    Therefore, in accordance with section 703(d) of the Act, we 
instructed CBP to terminate the suspension of liquidation and to 
liquidate, without regard to countervailing duties, unliquidated 
entries of pressure washers from China entered, or withdrawn from 
warehouse, for consumption, on or after October 2, 2023, the date on 
which the provisional measures expired, until and through the day 
preceding the date of publication of the ITC's final injury 
determination in the Federal Register. Suspension of liquidation and 
the collection of cash deposits will resume on the date of publication 
of the ITC's final determination in the Federal Register.

Critical Circumstances--CVD

    With regard to the ITC's negative critical circumstances 
determination on imports of pressure washers from China,

[[Page 9837]]

we intend to instruct CBP to lift suspension and to refund any cash 
deposits made to secure the payment of estimated countervailing duties 
with respect to entries of the subject merchandise entered, or 
withdrawn, for consumption on or after March 7, 2023 (i.e., 90 days 
prior to the date of the publication of the CVD Preliminary 
Determination), but before June 5, 2023 (i.e., the date of publication 
of the CVD Preliminary Determination).

Establishment of the Annual Inquiry Service Lists

    On September 20, 2021, Commerce published the Final Rule in the 
Federal Register.\11\ On September 27, 2021, Commerce also published 
the Procedural Guidance in the Federal Register.\12\ The Final Rule and 
Procedural Guidance provide that Commerce will maintain an annual 
inquiry service list for each order or suspended investigation, and any 
interested party submitting a scope ruling application or request for 
circumvention inquiry shall serve a copy of the application or request 
on the persons on the annual inquiry service list for that order, as 
well as any companion order covering the same merchandise from the same 
country of origin.\13\
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    \11\ See Regulations to Improve Administration and Enforcement 
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 
20, 2021) (Final Rule).
    \12\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
    \13\ Id.
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    In accordance with the Procedural Guidance, for orders published in 
the Federal Register after November 4, 2021, Commerce will create an 
annual inquiry service list segment in Commerce's online e-filing and 
document management system, Antidumping and Countervailing Duty 
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the 
notice of the order. Each annual inquiry service list will be saved in 
ACCESS, under each case number, and under a specific segment type 
called ``AISL-Annual Inquiry Service List.'' \14\
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    \14\ This segment will be combined with the ACCESS Segment 
Specific Information (SSI) field which will display the month in 
which the notice of the order or suspended investigation was 
published in the Federal Register, also known as the anniversary 
month. For example, for an order under case number A-000-000 that 
was published in the Federal Register in January, the relevant 
segment and SSI combination will appear in ACCESS as ``AISL-January 
Anniversary.'' Note that there will be only one annual inquiry 
service list segment per case number, and the anniversary month will 
be pre-populated in ACCESS.
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    Interested parties who wish to be added to the annual inquiry 
service list for an order must submit an entry of appearance to the 
annual inquiry service list segment for the order in ACCESS within 30 
days after the date of publication of the order. For ease of 
administration, Commerce requests that law firms with more than one 
attorney representing interested parties in an order designate a lead 
attorney to be included on the annual inquiry service list. Commerce 
will finalize the annual inquiry service list within five business days 
thereafter. As mentioned in the Procedural Guidance,\15\ the new annual 
inquiry service list will be in place until the following year, when 
the Opportunity Notice for the anniversary month of the order is 
published.
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    \15\ See Procedural Guidance.
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    Commerce may update an annual inquiry service list at any time as 
needed based on interested parties' amendments to their entries of 
appearance to remove or otherwise modify their list of members and 
representatives, or to update contact information. Any changes or 
announcements pertaining to these procedures will be posted to the 
ACCESS website at https://access.trade.gov.

Special Instructions for Petitioners and Foreign Governments

    In the Final Rule, Commerce stated that, ``after an initial request 
and placement on the annual inquiry service list, both petitioners and 
foreign governments will automatically be placed on the annual inquiry 
service list in the years that follow.'' \16\ Accordingly, as stated 
above, the petitioner and Government of China should submit their 
initial entries of appearance after publication of this notice in order 
to appear in the first annual inquiry service lists for this order. 
Pursuant to 19 CFR 351.225(n)(3), the petitioner and the Government of 
China will not need to resubmit their entries of appearance each year 
to continue to be included on the annual inquiry service list. However, 
the petitioner and the Government of China are responsible for making 
amendments to their entries of appearance during the annual update to 
the annual inquiry service list in accordance with the procedures 
described above.
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    \16\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties

    This notice constitutes the AD and CVD orders with respect to 
pressure washers from China, pursuant to sections 736(a) and 706(a) of 
the Act. Interested parties can find a list of AD/CVD orders currently 
in effect at https://enforcement.trade.gov/stats/iastats1.html.
    These AD and CVD orders are published in accordance with sections 
706(a) and 736(a) of the Act, and 19 CFR 351.211(b).

    Dated: February 6, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

Scope of the Orders

    The merchandise covered by these orders are 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 orders 
cover 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 orders cover cold 
water gas powered pressure washers, whether or not assembled or 
packaged with a frame, cart, or trolley, with or without wheels 
attached.
    The power washers subject to these orders have 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 
orders 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 orders 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 orders is 
merchandise covered by the

[[Page 9838]]

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 merchandise covered by these orders 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. 2024-02902 Filed 2-9-24; 8:45 am]
BILLING CODE 3510-DS-P