[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)
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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.
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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