Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Notices 88365 

1See 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) 

(Preliminary Determination), and accompanying 

Preliminary Decision Memorandum (PDM). 

2 Id. 

3See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Affirmative 

Determination of Sales at Less-Than-Fair-Value and 

Final Affirmative Critical Circumstances 

Determinations, in Part: Gas Powered Pressure 

Washers from the People’s Republic of China,’’ 

dated concurrently with, and hereby adopted by, 

this notice (Issues and Decision Memorandum). 

4See Memorandum, ‘‘Preliminary Scope Decision 

Memorandum,’’ dated June 8, 2023 (Preliminary 

Scope Memorandum). 

5See Memorandum, ‘‘Final Scope Decision 

Memorandum,’’ dated August 22, 2023. 

6See Preliminary Determination. 

7 Id. 

8See Pentaflouroethane (R–125) from the People’s 

Republic of China: Final Affirmative Determination 

of Sales at Less Than Fair Value and Final 

Affirmative Determination of Critical 

Circumstances, in Part, 87 FR 1117 (January 10, 

2022), and accompanying IDM at Comment 1. 

occurred and the subsequent assessment 

of double antidumping duties. 

Administrative Protective Order 

This notice also serves as a reminder 

to parties subject to an administrative 

protective order (APO) of their 

responsibility concerning the return or 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3), which 

continues to govern business 

proprietary information in this segment 

of the proceeding. 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 the terms of an APO is 

a sanctionable violation. 

Notification to Interested Parties 

These results are being issued and 

published in accordance with sections 

751(a)(1) and 777(i)(1) of the Act and 19 

CFR 351.213(h). 

Dated: December 14, 2023. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Discussion of the Issue 

Comment: Whether to Rely on Facts 

Available and Apply an Adverse 

Inference Regarding Nan Ya’s Cost 

Reporting 

V. Recommendation 

[FR Doc. 2023–28027 Filed 12–20–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–148] 

Gas Powered Pressure Washers From 

the People’s Republic of China: Final 

Affirmative Determination of Sales at 

Less-Than-Fair Value, and Final 

Affirmative Critical Circumstances 

Determinations, in Part 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) determines that 

gas powered pressure washers (pressure 

washers) from the People’s Republic of 

China (China) are being, or are likely to 

be, sold in the United States at lessthan-fair value (LTFV). The period of 

investigation is April 1, 2022, though 

September 30, 2022. 

DATES: Applicable December 21, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Hermes Pinilla, AD/CVD Operations, 

Office I, U.S. Department of Commerce, 

1401 Constitution Avenue NW, 

Washington, DC 20230; telephone: (202) 

482–3477. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 3, 2023, Commerce 

published in the Federal Register the 

Preliminary Determination in this LTFV 

investigation.1 Commerce invited 

parties to comment on the Preliminary 

Determination.2

For a complete description of the 

events that occurred since the 

Preliminary Determination, see the 

Issues and Decision Memorandum.3 The 

Issues and Decision Memorandum is a 

public document and is made available 

to the public 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. A complete version of 

the Issues and Decision Memorandum 

can be accessed directly at https://

access.trade.gov/public/FRNotices

ListLayout.aspx. 

Scope of the Investigation 

The products covered by this 

investigation are pressure washers from 

China. For a complete description of the 

scope of this investigation, see 

Appendix I. 

Scope Comments 

During this LTFV investigation, 

Commerce received scope comments 

from interested parties. Commerce 

issued a Preliminary Scope 

Memorandum to address the comments 

and set aside a period of time for parties 

to address scope issues in scope-specific 

case and rebuttal briefs.4 We received 

comments from interested parties on the 

Preliminary Scope Memorandum, 

which we addressed in the Final Scope 

Memorandum.5 We did not make any 

changes to the scope of the investigation 

from the scope published in the 

Preliminary Determination, as provided 

in Appendix I. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties in this 

investigation are addressed in the Issues 

and Decision Memorandum and are 

listed in Appendix II of this notice. 

Final Affirmative Determination of 

Critical Circumstances 

For the Preliminary Determination, in 

accordance with section 733(e)(1) of the 

Tariff Act of 1930, as amended (the Act), 

and 19 CFR 351.206(c)(1), Commerce 

preliminarily found that critical 

circumstances exist with respect to 

imports of pressure washers exported by 

Jiangu Jianghuai Engine Co., Ltd. (JD 

Power) and the China-wide entity.6

No parties submitted comments 

regarding this finding. Thus, our 

determination of critical circumstances 

is unchanged for the final 

determination. Accordingly, pursuant to 

section 735(a)(3)(B) of the Act and 19 

CFR 351.206, we continue to find that 

critical circumstances exist for JD Power 

and the China-wide entity. 

Regarding the companies receiving a 

separate rate, we preliminarily found 

that critical circumstances do not exist.7

For the final determination, we continue 

to find that the variance of shipments 

between the base and comparison 

period is explained by seasonal trends 

and, therefore, consistent with our 

practice,8 we continue to find that 

critical circumstances do not exist 

regarding the separate rate companies. 

Verification 

Commerce was unable to conduct an 

on-site verification of the information 

relied upon in making its final 

determination. However, from August 

20 through 22, 2023, we took additional 

steps, in lieu of an on-site verification 

to verify the information relied upon in 


khammond on DSKJM1Z7X2PROD with NOTICES
88366 Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Notices 

9See Memorandum, ‘‘Verification of Jiangu 

Jianghuai Engine Co., Ltd,’’ dated September 13, 

2023. 

10See section 735(c)(5)(B) of the Act. 

11See Petitioner’s Letter, ‘‘Petition for the 

Imposition of Antidumping and Countervailing 

Duties,’’ dated December 29, 2022 (the Petition); see 

also Initiation Checklist, ‘‘Gas Powered Pressure 

Washers from the People’s Republic of China,’’ 

dated January 19, 2023, at 8. 

12See Polyester Textured Yarn from the People’s 

Republic of China: Preliminary Affirmative 

Determination of Sales at Less Than Fair Value, 

Postponement of Final Determination and 

Extension of Provisional Measures, 84 FR 31297 

(July 1, 2019), and accompanying PDM at 12, 

unchanged in Polyester Textured Yarn from the 

People’s Republic of China: Final Determination of 

Sales at Less Than Fair Value, and Final 

Affirmative Determination of Critical 

Circumstances, 84 FR 63850 (November 19, 2019). 

13See Gas Powered Pressure Washers from the 

People’s Republic of China and the Socialist 

Republic of Vietnam: Initiation of Less-Than-FairValue Investigations, 88 FR 4807, 4811 (January 25, 

2023) (Initiation Notice). 

14See Preliminary Determination PDM at 18. 

15See, e.g., Notice of Preliminary Determination 

of Sales at Less Than Fair Value and Postponement 

of Final Determination: Purified Carboxymethyl 

Cellulose from Finland, 69 FR 77216 (December 27, 

2004), unchanged in Notice of Final Determination 

of Sales at Less Than Fair Value: Purified 

Carboxymethyl Cellulose from Finland, 70 FR 

28279 (May 17, 2005). 

16See Preliminary Determination PDM at 18–19. 

making this final determination, in 

accordance with section 782(i) of the 

Act,9 by conducting virtual verification 

of JP Power. 

Separate Rates 

For the final determination, we 

continue to find that JD Power, Sumec 

Hardware and Tools Co., Ltd., and 

Zhejiang Danau Machine Co., Ltd., are 

eligible for separate rates. Generally, 

Commerce looks to section 735(c)(5)(A) 

of the Act, which provides instructions 

for calculating the all-others rate in an 

investigation, for guidance when 

calculating the rate for separate rate 

respondents which we did not 

individually examine. The statute 

further provides that, where all margins 

are zero, de minimis, or based entirely 

on facts available under section 776 of 

the Act, Commerce may use ‘‘any 

reasonable method’’ for assigning the 

rate to non-selected respondents.10 As 

explained further below, for the final 

determination, we based JD Power’s 

dumping margin on total adverse facts 

available (AFA). Because there is only 

one dumping margin, and it is based 

entirely on facts available, Commerce 

has assigned, as any reasonable method, 

an average of the range of dumping 

margins in the Petition to the separate 

rate companies for this final 

determination.11 This approach is 

consistent with our practice.12

Combination Rates 

In the Initiation Notice,13 Commerce 

stated that it would calculate producer/ 

exporter combination rates for the 

respondents that are eligible for a 

separate rate in this investigation. For 

the list of respondents that established 

eligibility for separate rates and the 

exporter/producer combination rates 

applicable to these respondents, see the 

Final Determination section. 

China-Wide Entity and Use of AFA 

For the purposes of this final 

determination, consistent with the 

Preliminary Determination,14 we relied 

solely on the application of AFA for the 

China-wide entity, pursuant to sections 

776(a) and (b) of the Act. In selecting the 

AFA rate for the China-wide entity, 

Commerce’s practice is to select a rate 

that is sufficiently adverse to ensure that 

the uncooperative party does not obtain 

a more favorable result by failing to 

cooperate than if it had fully 

cooperated.15 A detailed discussion of 

our application of AFA is provided in 

the Preliminary Determination.16

As discussed in the Issues and 

Decision Memorandum, we determined 

that total AFA is warranted regarding JD 

Power, and thus, for purposes of this 

final determination, we have applied a 

dumping margin rate of 274.37, which 

represents the highest individual 

dumping margin calculated for a 

mandatory respondent in this 

investigation and is the same rate 

applied to the China-wide entity. 

Because this constitutes primary 

information from the normal course of 

the investigation, the statutory 

corroboration requirement in section 

776(c) of the Act does not apply. 

Final Determination 

Commerce determines that the 

following estimated weighted-average 

dumping margins exist for the period 

April 1, 2022, through September 30, 

2022: 

Exporter Producer 

Estimated 

weightedaverage 

dumping 

≤margin 

(percent) 

Jiangsu Jianghuai Engine Co., Ltd ............................................. Jiangsu Jianghuai Engine Co., Ltd ............................................ 274.37 

Sumec Hardware and Tools Co., Ltd ......................................... Sumec Hardware and Tools Co., Ltd ........................................ 189.52 

Zhejiang Danau Machine Co., Ltd .............................................. Zhejiang Danau Machine Co., Ltd ............................................. 189.52 

China-Wide Entity ....................................................................... .................................................................................................... 274.37 

Disclosure 

Normally, Commerce will disclose to 

the parties in a proceeding the 

calculations performed in connection 

with a final determination within five 

days of any public announcement or, if 

there is no public announcement, 

within five days of the date of 

publication of the notice of final 

determination in the Federal Register, 

in accordance with 19 CFR 351.224(b). 

Because we applied total AFA to JD 

Power and the China-wide entity in 

accordance with 776 of the Act, which 

was based on our antidumping duty 

calculation from the Preliminary 

Determination, there are no calculations 

to disclose for this final determination. 

However, we intend to disclose to 

interested parties the calculations and 

analysis performed in this final 

determination for critical circumstances 

within five days of any public 

announcement or, if there is no public 

announcement, within five days of the 

date of the publication of this notice in 

the Federal Register. 

Continuation of Suspension of 

Liquidation 

As a result of our Preliminary 

Determination and in accordance with 

section 735(c)(1)(B) of the Act, for JD 

Power and the China-wide entity, 

Commerce will instruct U.S. Customs 

and Border Protection (CBP) to continue 

to suspend liquidation of subject 

merchandise, as described in Appendix 

I, entered, or withdrawn from 

warehouse, for consumption, on or after 

May 5, 2023, which is 90 days prior to 

the date of the date of publication of the 


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Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Notices 88367 

affirmative Preliminary Determination 

in the Federal Register, at the cash 

deposit rate indicated above. 

For the separate rate companies, we 

will instruct CBP to continue to suspend 

liquidation of subject merchandise, 

entered, or withdrawn from warehouse, 

for consumption, on or after August 3, 

2023, which is the date of publication 

of the affirmative Preliminary 

Determination in the Federal Register, 

at the cash deposit rate indicated in the 

above table. 

Pursuant to section 735(c)(1)(B)(ii) of 

the Act and 19 CFR 351.210(d), we will 

instruct CBP to require a cash deposit 

for such entries of merchandise equal to 

the amount by which the normal value 

exceeds the U.S. price as follows: (1) the 

cash deposit rate for the exporter/ 

producer combination listed in the table 

above will be the rate identified in the 

table; (2) for all combinations of Chinese 

producers/exporters of subject 

merchandise that have not established 

eligibility for their own separate rates, 

the cash deposit rate will be the rate 

established for the China-wide entity; 

and (3) for all third country exporters of 

subject merchandise, the cash deposit 

rate will be the cash deposit rate 

applicable to the Chinese producer/ 

exporter that supplied that third country 

exporter. 

U.S. International Trade Commission 

(ITC) Notification 

In accordance with section 735(d) of 

the Act, we will notify the ITC of our 

affirmative determination of sales at 

LTFV. We will allow the ITC access to 

all privileged and business proprietary 

information in our files, provided the 

ITC confirms that it will not disclose 

such information, either publicly or 

under an administrative protective order 

(APO), without consent of the Assistant 

Secretary for Enforcement and 

Compliance. 

Because the final determination in 

this proceeding is affirmative, in 

accordance with section 735(b) 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 

gas pressure washers from China no 

later than 45 days after our final 

determination. If the ITC determines 

that material injury or threat of material 

injury does not exist, the proceeding 

will be terminated, and all cash deposits 

will be refunded or canceled, as 

Commerce determines to be appropriate. 

If the ITC determines that such injury 

does exist, Commerce intends to issue 

an antidumping duty order, in 

accordance with section 736(a) of the 

Act, directing CBP to assess, upon 

further instruction by Commerce, 

antidumping duties on all imports of the 

subject merchandise that are entered, or 

withdrawn from warehouse, for 

consumption on or after the effective 

date of suspension of liquidation, as 

discussed above in the ‘‘Continuation of 

Suspension of Liquidation’’ section. 

Notification Regarding APO 

In the event that the ITC issues a final 

negative injury determination, this 

notice will serve as the only reminder 

to parties subject to an APO of their 

responsibility concerning the 

disposition of proprietary disclosed 

under APO in accordance with 19 CFR 

351.305(a)(3). Timely written 

notification of the return/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 

which is subject to sanctions. 

Notification to Interested Parties 

This determination is issued and 

published in pursuant with sections 

735(d) and 777(i) of the Act, and 19 CFR 

351.210(c). 

Dated: December 18, 2023. 

James Maeder, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

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 the 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 the 

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 

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. Affirmative Determination of Critical 

Circumstances 

IV. Changes Since the Preliminary 

Determination 

V. Application of Facts Available and 

Adverse Inferences 

VI. Discussion of the Issues 

Comment 1: Whether Commerce 

Incorrectly Ended Its Verification of JD 

Power 

Comment 2: Arguments Regarding 

Calculations 

VII. Recommendation 

[FR Doc. 2023–28137 Filed 12–20–23; 8:45 am] 

BILLING CODE 3510–DS–P 


khammond on DSKJM1Z7X2PROD with NOTICES