Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Notices 59503 

1See 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). 

2See 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). 

3See Memorandum, ‘‘Preliminary Scope Decision 

Memorandum,’’ dated June 8, 2023. 

4See Memorandum, ‘‘Final Scope Decision 

Memorandum,’’ dated concurrently with this 

notice. 

5See 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). 

6See Preliminary Determination PDM at 4–9. 

prematurely. The closed session of the 

meeting will involve committee 

discussions and guidance regarding 

U.S. Government strategies and 

policies. 

The open session will be accessible 

via teleconference. To join the 

conference, submit inquiries to Ms. 

Yvette Springer at Yvette.Springer@

bis.doc.gov, no later than September 5, 

2023. A limited number of seats will be 

available for the public session. 

Reservations are not accepted. To the 

extent time permits, members of the 

public may present oral statements to 

the Committee. The public may submit 

written statements at any time before or 

after the meeting. However, to facilitate 

distribution of public presentation 

materials to Committee members, the 

Committee suggests that presenters 

forward the public presentation 

materials prior to the meeting to Ms. 

Springer. 

The Assistant Secretary for 

Administration, with the concurrence of 

the delegate of the General Counsel, 

formally determined on April 24, 2023, 

pursuant to 5 U.S.C. 1009(d) of the 

FACA, that the portion of the meeting 

dealing with pre-decisional changes to 

the Commerce Control List and the U.S. 

export control policies shall be exempt 

from the provisions relating to public 

meetings found in 5 U.S.C. 1009(a)(1) 

and 1009(a)(3). The remaining portions 

of the meeting will be open to the 

public. 

For more information, contact Ms. 

Springer via email. 

Yvette Springer, 

Committee Liaison Officer. 

[FR Doc. 2023–18628 Filed 8–28–23; 8:45 am] 

BILLING CODE 3510–JT–P 

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. 

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. 

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. 

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 VietnamWide Entity. For a full description of the 

methodology and results of Commerce’s 

critical circumstances analysis, see the 

Issues and Decision Memorandum. 

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 


ddrumheller on DSK120RN23PROD with NOTICES1
59504 Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Notices 

7See Initiation Notice, 88 FR at 4811. 

8See 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. 

9See Issues and Decision Memorandum at section 

VIII., ‘‘Application of Facts Available and Adverse 

Inferences.’’ 

underlying Commerce’s determination, 

see the Issues and 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 

this case, because no respondent 

qualified for a separate rate, producer/ 

exporter combination rates continue to 

not be calculated for this final 

determination. 

Final Determination 

Commerce determines that the 

following estimated weighted-average 

dumping margin exists for the period, 

April 1, 2022, through September 30, 

2022: 

Producer/exporter 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Vietnam-Wide Entity 9 ................. 225.65 

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. 

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 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Notices 59505 

1See Certain Uncoated Paper from Brazil: Final 

Results of Antidumping Duty Administrative 

Review; 2018–2019, 86 FR 7254 (January 27, 2021) 

(Final Results), and accompanying Issues and 

Decision Memorandum (IDM) at Comment 1. 

2 Id. 86 FR 7254. 

3 In the Final Results, we explained: ‘‘While it is 

Commerce’s practice to exclude only investmentrelated gains or losses from the calculation of cost 

of production, the capital management mechanisms 

practiced by Suzano by way of these derivative 

transactions are reasonably associated with the 

company’s cost of borrowing. . . . Moreover, we 

disagree with Suzano’s claim that these derivative 

expenses are extraordinary and stem from an 

isolated event. . . . Here, the auditors who issued 

an unqualified opinion on Suzano’s financial 

statements did not classify the derivative expenses 

as extraordinary.’’ See Final Results IDM at 5 

(internal citations omitted). 

4See Suzano S.A. v. United States, 589 F. Supp. 

3d 1225, 1233 (CIT 2022). 

5 Id. at 1237. 

6See Final Results of Redetermination Pursuant 

to Court Remand, Suzano S.A. v. United States, 

Court No. 21–00069, Slip-Op 22–95, dated 

November 14, 2022, available at https://

access.trade.gov/Resources/remands/22-95.pdf. 

7See Suzano S.A. v. United States, 633 F.Supp.3d 

1232, 1238 (CIT 2023). 

8 Id. at 1243. 

9See Final Results of Redetermination Pursuant 

to Court Remand, Suzano S.A. v. United States, 

Court No. 21–00069, Slip Op. 23–56, dated July 20, 

2023, at 5–11. 

10 Id. at 10. 

11 Id. at 24–25. 

12See Suzano S.A. v. United States, Court No. 

21–00069, Slip Op. 23–117 (CIT August 18, 2023). 

13See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

14See Diamond Sawblades Manufacturers 

Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 

2010) (Diamond Sawblades). 

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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–351–842] 

Certain Uncoated Paper From Brazil: 

Notice of Court Decision Not in 

Harmony With the Results of 

Antidumping Duty Administrative 

Review; Notice of Amended Final 

Results 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On August 18, 2023, the U.S. 

Court of International Trade (CIT) 

issued its final judgment in Suzano S.A. 

v. United States, Court No. 21–00069, 

sustaining the U.S. Department of 

Commerce (Commerce)’s second 

remand results pertaining to the review 

of the antidumping duty (AD) order on 

certain uncoated paper (paper) from 

Brazil covering the period March 1, 

2018, through February 28, 2019. 

Commerce is notifying the public that 

the CIT’s final judgment is not in 

harmony with Commerce’s final results 

of the administrative review, and that 

Commerce is amending the final results 

with respect to the dumping margin 

assigned to Suzano S.A. (Suzano). 

DATES: Applicable August 28, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Jennings, AD/CVD Operations, 

Office V, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–1110. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 27, 2021, Commerce 

published its final results in the 2018– 

2019 AD administrative review of paper 

from Brazil. Commerce declined to rely 

on Suzano’s proposed financial expense 

ratio calculation that excluded the 

derivative losses associated with its 

acquisition of Fibria Celulose S.A. 

(Fibria), a pulp producer in Brazil, for 

calculating Suzano’s cost of production 

(COP).1 In the Final Results, Commerce 

calculated a weighted-average dumping 

margin of 32.31.2

Suzano appealed Commerce’s Final 

Results. On August 16, 2022, the CIT 

remanded the Final Results to 

Commerce, holding that Commerce’s 

rationale 3 for declining to rely on 

Suzano’s proposed financial expense 

ratio calculation was unsupported by 

substantial evidence.4 Accordingly, the 

CIT instructed Commerce to provide 

further explanation, and, if appropriate, 

to reconsider the agency’s cost analysis 

pursuant to section 773(f)(1)(A) of the 

Tariff Act of 1930, as amended (the 

Act).5

In its first remand redetermination, 

issued in November 2022, Commerce 

made no changes to the Final Results, 

but provided additional explanation 

regarding its decision not to modify 

Suzano’s COP to exclude the derivative 

losses from the financial expense ratio.6

The CIT remanded for a second time, 

holding that, while Commerce’s 

determination that Suzano’s derivative 

losses were not investment-related costs 

was supported by substantial evidence 

and in accordance with the CIT’s 

remand instructions, the determination 

that Suzano’s derivative losses were not 

extraordinary was not supported by 

substantial evidence.7 Therefore, the 

CIT remanded to Commerce for further 

explanation, and if appropriate, 

reconsideration, of the determination 

that Suzano’s derivative expenses were 

not extraordinary for purposes for the 

COP calculation.8

In its final remand redetermination, 

issued in July 2023, Commerce further 

explained why it considers Suzano’s 

derivative losses to be a result of an 

expansion of the company’s normal 

operations, and, therefore, not 

extraordinary.9 However, upon further 

review of the facts at issue, Commerce 

determined that it was appropriate to 

revise Suzano’s financial expense ratio 

to include Fibria’s financial expenses 

and cost of sales.10 Therefore, 

Commerce calculated a weightedaverage dumping margin of 8.63 

percent.11 The CIT sustained 

Commerce’s final redetermination.12

Timken Notice 

In its decision in Timken,13 as 

clarified by Diamond Sawblades,14 the 

U.S. Court of Appeals for the Federal 

Circuit held that, pursuant to sections 

516A(c) and (e) of the Act, Commerce 

must publish a notice of court decision 

that is not ‘‘in harmony’’ with a 

Commerce determination and must 

suspend liquidation of entries pending 

a ‘‘conclusive’’ court decision. The CIT’s 

August 18, 2023, judgment constitutes a 

final decision of the CIT that is not in 

harmony with Commerce’s Final 

Results. Thus, this notice is published 

in fulfillment of the publication 

requirements of Timken. 

Amended Final Results 

Because there is now a final court 

judgment, Commerce is amending its 

Final Results with respect to Suzano as 

follows: 


ddrumheller on DSK120RN23PROD with NOTICES1