[Federal Register Volume 88, Number 166 (Tuesday, August 29, 2023)]
[Notices]
[Pages 59503-59505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18575]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-008]


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

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

SUMMARY: The U.S. Department of Commerce (Commerce) 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 (POI) is April 1, 2022, through September 30, 2022.

DATES: Applicable August 29, 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

    On June 15, 2023, Commerce published in the Federal Register its 
preliminary determination in the LTFV investigation of pressure washers 
from Vietnam.\1\ Commerce invited interested parties to comment on the 
Preliminary Determination.
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    \1\ See 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, 88 FR 39221 (June 15, 2023) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum 
(PDM).
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    For a complete description of the events that followed the 
Preliminary Determination, see the Issues and Decision Memorandum.\2\ 
The Issues and 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 Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination of Sales at Less Than Fair Value and 
Final Affirmative Determination of Critical Circumstance in the 
Investigation of Gas Powered Pressure Washers from the Socialist 
Republic of Vietnam,'' dated concurrently with, and hereby adopted 
by this notice (Issues and 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.

Analysis of Comments Received

    All issues raised in case and rebuttal briefs are discussed in the 
Issues and Decision Memorandum. A list of the issues raised in the 
Issues and Decision Memorandum is attached to Appendix II of this 
notice.

Scope Comments

    During the course of this investigation and the concurrent LTFV and 
countervailing duty investigations of pressure washers from the 
People's Republic of China, Commerce received scope comments from 
interested parties. Commerce issued a Preliminary Scope Memorandum to 
address these comments and set aside a period of time for parties to 
address scope issues in scope-specific case and rebuttal briefs.\3\ We 
received comments from interested parties on the Preliminary Scope 
Memorandum, which we address in the Final Scope Memorandum.\4\ We did 
not make any changes to the scope of these investigations from the 
scope published in the Preliminary Determination, as noted in Appendix 
I.
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    \3\ See Memorandum, ``Preliminary Scope Decision Memorandum,'' 
dated June 8, 2023.
    \4\ See Memorandum, ``Final Scope Decision Memorandum,'' dated 
concurrently with this notice.
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Final Affirmative Determination of Critical Circumstances

    In accordance with sections 735(a)(3)(B) and 776(a) and (b) of the 
Tariff Act of 1930, as amended (the Act) and 19 CFR 351.206, as well as 
our analysis of comments received regarding our affirmative preliminary 
determination of critical circumstances,\5\ Commerce continues to find 
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 Issues and Decision Memorandum.
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    \5\ See MWE Investments' Letter, ``Case Brief,'' dated July 20, 
2023 (MWE Investments' Case Brief); see also Petitioner's Letter, 
``Rebuttal Brief,'' dated July 27, 2023 (Petitioner's Rebuttal 
Brief).
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Vietnam-Wide Entity and Use of Adverse Facts Available (AFA)

    In this final determination, consistent with the Preliminary 
Determination,\6\ we relied solely on the application of AFA for the 
Vietnam-wide entity, pursuant to sections 776(a) and (b) of the Act. 
Further, because we continue to find that all exporters of pressure 
washers from Vietnam are part of the Vietnam-wide entity, no companies 
are eligible for a separate rate. There is no new information on the 
record that would cause us to reconsider our decision in the 
Preliminary Determination. Thus, we made no changes to our analysis or 
to the Vietnam-wide entity's dumping margin for the final 
determination. For a full description of the methodology

[[Page 59504]]

underlying Commerce's determination, see the Issues and Decision 
Memorandum.
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    \6\ See Preliminary Determination PDM at 4-9.
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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 this case, because no respondent 
qualified for a separate rate, producer/exporter combination rates 
continue to not be calculated for this final determination.
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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://access.trade.gov/Resources/policy/bull05-1.pdf.
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Final Determination

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

------------------------------------------------------------------------
                                                              Estimated
                                                              weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
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Vietnam-Wide Entity \9\....................................      225.65
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Continuation of Suspension of Liquidation

    In accordance with 735(c)(4) of the Act, because we continue to 
find that critical circumstances exist, Commerce will instruct U.S. 
Customs and Border Protection (CBP) to continue to suspend liquidation 
of all entries of subject merchandise, as described in Appendix I of 
this notice, which were entered, or withdrawn from warehouse, for 
consumption on or after March 17, 2023, which is 90 days before the 
date of publication of the Preliminary Determination in the Federal 
Register. These suspension of liquidation instructions will remain in 
effect until further notice.
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    \9\ See Issues and Decision Memorandum at section VIII., 
``Application of Facts Available and Adverse Inferences.''
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    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), upon the publication of this notice, we will instruct CBP 
to require a cash deposit for estimated antidumping duties for all 
entries from Vietnam at the rate indicated above.

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a final 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 AFA rate is 
based solely on the petition, there are no calculations to disclose.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its final affirmative 
determination of sales at LTFV. Because the final determination in this 
investigation is affirmative, in accordance with section 735(b)(2) of 
the Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured or 
threatened with material injury by reason of imports of pressure 
washers from Vietnam no later than 45 days after our final 
determination. If the ITC determines that such injury does not exist, 
this proceeding will be terminated, and all cash deposits posted will 
be refunded. If the ITC determines that such injury does exist, 
Commerce will issue an antidumping duty order directing CBP to assess, 
upon further instruction by Commerce, antidumping duties on all imports 
of the subject merchandise entered or withdrawn from warehouse for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed in the ``Continuation of Suspension of 
Liquidation'' section.

Administrative Protective Order

    This notice serves as a final reminder to the parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation subject 
to sanction.

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: August 22, 2023.
Abdelali Elouaradia,
Deputy 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 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

[[Page 59505]]

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 Issues and Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
VI. Affirmative Determination of Critical Circumstances
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Discussion of the Issues
    Comment 1: Commerce Unlawfully Applied AFA in its Preliminary 
Determination of Critical Circumstances Based on an Unrelated 
Adverse Inference
    Comment 2: Commerce Unlawfully Applied AFA by Ignoring Record 
Data Demonstrating That No Massive Imports Exist
IX. Recommendation

[FR Doc. 2023-18575 Filed 8-28-23; 8:45 am]
BILLING CODE 3510-DS-P