Gas Powered Pressure Washers from China and Vietnam; Inv. No. 701-TA-684 and 731-TA-1597-1598 (Final)

=== Determination – CVD – Preliminary - China === 36531Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Notices Cut-to-Length Carbon-Quality Steel Plate from India: Domestic Interested Parties’ Substantive Response,’’ dated March 3, 2023. 5 See Commerce’s Letter, ‘‘Sunset Reviews initiated on February 1, 2023,’’ dated March 23, 2023. 6 See Memorandum, ‘‘Decision Memorandum for the Final Results of Expedited Fourth Sunset Reviews of the Antidumping Duty Orders on Certain Cut-to-Length Carbon-Quality Steel Plate from India, Indonesia, and the Republic of Korea,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 7 Id. 1 Gas Powered Pressure Washers from the People’s Republic of China: Initiation of Countervailing Duty Investigation, 88 FR 4812 (January 25, 2023) (Initiation Notice). 2 See Gas Powered Pressure Washers from the People’s Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation, 88 FR 15672 (March 14, 2023). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Countervailing Duty Investigation of Gas Powered Pressure Washers from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). We did not receive a substantive response from any other interested party in these proceedings, and no party requested a hearing. On March 23, 2023, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties. 5 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted expedited (120-day) sunset reviews of these Orders. Scope of the Orders The products covered by the Orders are certain hot-rolled carbon-quality steel. For a complete description of the scope of these Orders, see the Issues and Decision Memorandum.6 Analysis of Comments Received All issues raised in these sunset reviews are addressed in the Issues and Decision Memorandum.7 A list of topics discussed in the Issues and Decision Memorandum is included as the appendix to this notice. 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./. Final Results of Sunset Reviews Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce determines that revocation of the Orders would be likely to lead to the continuation or recurrence of dumping, and that the magnitude of the margins of dumping likely to prevail would be weighted- average margins up to the following percentages: Country Weighted- average dumping margin (percent) India ............................................ 42.39 Indonesia .................................... 52.42 Korea .......................................... 6.09 Administrative Protective Order This notice serves as the only reminder to 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). Timely written notification of the 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 that is subject to sanction. Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act. Dated: May 26, 2023. Lisa W. Wang, 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 Orders IV. History of the Orders V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margins of Dumping Likely To Prevail VII. Final Results of Sunset Reviews VIII. Recommendation [FR Doc. 2023–11841 Filed 6–2–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–149] 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 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of gas-powered pressure washers (pressure washers) from the People’s Republic of China (China) during the period of investigation, January 1, 2021, through December 31, 2021. Interested parties are invited to comment on this preliminary determination. DATES : Applicable June 5, 2023. FOR FURTHER INFORMATION CONTACT : Theodore Pearson, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2631. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). On January 25, 2023, Commerce published in the Federal Register the notice of initiation of this investigation. 1 On March 14, 2023, Commerce postponed the preliminary determination of this investigation until May 30, 2023. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 3 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. VerDate Sep<11>2014 17:59 Jun 02, 2023 Jkt 259001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\05JNN1.SGM 05JNN1 ddrumheller on DSK120RN23PROD with NOTICES1 36532 Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Notices 4 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 88 FR 4812. 6 See Preliminary Decision Memorandum at ‘‘IV. Scope Comments.’’ 7 See Commerce’s Letter, ‘‘Quantity and Value Questionnaire,’’ dated January 20, 2023. 8 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 9 See sections 776(a) and (b) of the Act. 10 See Petitioner’s Letter, ‘‘Request to Align Countervailing Duty Investigation Final Determination with Antidumping Duty Investigation Final Determination,’’ dated April 24, 2023. 11 As discussed in the Preliminary Decision Memorandum, Commerce preliminarily finds the following company to be cross-owned with JD Power: Jiangsu Nonghua Intelligent Agriculture Technology Co., Ltd. Scope of the Investigation The products covered by this investigation are gas powered pressure washers from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 We received comments from several parties concerning the scope of the antidumping duty (AD) and countervailing duty (CVD) investigations of pressure washers as it appeared in the Initiation Notice.6 We are currently evaluating the scope comments filed by the interested parties and intend to issue our preliminary decision regarding the scope of the AD and CVD investigations shortly. We will incorporate the scope decisions from the AD investigations into the scope of the final CVD determination for this investigation, after considering any relevant comments submitted in scope case and rebuttal briefs. Preliminary Affirmative Determination of Critical Circumstances, in Part In accordance with section 703(e)(1) of the Act, Commerce preliminarily determines that critical circumstances exist with respect to imports of pressure washers from China for Jiangsu Jianghuai Engine Co., Ltd. (JD Power), Chongqing Dajiang Power Equipment Co., Ltd. (CDPE), and companies that were not responsive to Commerce’s quantity and value questionnaire,7 but do not exist with respect to all other producers or exporters not individually examined. For a full description of the methodology and results of Commerce’s analysis, see the Preliminary Decision Memorandum. Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found to be countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.8 Commerce notes that, in making these findings, it relied on facts available and, because Commerce finds that necessary information was missing from the record and because respondents did not act to the best of their ability to respond to Commerce’s requests for information, Commerce drew an adverse inference in selecting from among the facts otherwise available. 9 For further information, see the ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ section in the Preliminary Decision Memorandum. Alignment As noted in the Preliminary Decision Memorandum, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is aligning the final CVD determination in this investigation with the final determination in the companion AD investigation of pressure washers from China based on a request made by the FNA Group, Inc. (the petitioner).10 Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than October 11, 2023, unless postponed. All-Others Rate Sections 703(d) and 705(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. In this investigation, as discussed in the Preliminary Decision Memorandum, Commerce calculated an individual estimated countervailable subsidy rate for JD Power that is not zero, de minimis, or based entirely under section 776 of the Act. As further discussed in the Preliminary Decision Memorandum, the individual estimated countervailable subsidy rate for CDPE is based entirely upon section 776 of the Act. Therefore, Commerce is using the individual estimated subsidy rate calculated for JD Power as the all-others rate. Preliminary Determination Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: Company Subsidy rate (percent ad valorem) Jiangsu Jianghuai Engine Co., Ltd 11 .................................................................................................................................. 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 Developing Co., Ltd .................................................................................. 206.57 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., Ltd ........................................................................................................... 206.57 Zhejiang Xinchang Bigyao Power Tool Co., Ltd ................................................................................................................. 206.57 Zhejiang Zhinanche Cleaning Equipment Co., Ltd ............................................................................................................. 206.57 VerDate Sep<11>2014 17:59 Jun 02, 2023 Jkt 259001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\05JNN1.SGM 05JNN1 ddrumheller on DSK120RN23PROD with NOTICES1 36533Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Notices 12 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 13 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 14 See 19 CFR 351.310(d). Company Subsidy rate (percent ad valorem) All Others ............................................................................................................................................................................. 11.19 Suspension of Liquidation In accordance with section 703(e)(2)(A) of the Act, because we find that critical circumstances exist for JD Power, CDPE, and the non-responsive companies, therefore, for these companies, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the scope of the investigation entered, or withdrawn from warehouse, for consumption on or after the date 90 days prior to the date of publication of this notice in the Federal Register. As noted above, we find that critical circumstances do not exist for all other producers or exporters not individually examined. Therefore, for all other producers or exporters not individually examined, Commerce will direct CBP to suspend liquidation of entries of subject merchandise as described in the scope of the investigation entered, or withdrawn from warehouse, for consumption on or after the date of the publication of this notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the rates indicated above. Disclosure Commerce intends to disclose its calculations and analysis performed in connection with this preliminary determination to interested parties 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 the Federal Register, in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Public Comment All interested parties will have the opportunity to submit scope case and rebuttal briefs on the preliminary decision regarding the scope of the AD and CVD investigations. The deadlines to submit scope case and rebuttal briefs will be provided in the preliminary scope decision memorandum. For all scope case and rebuttal briefs, parties must file identical documents simultaneously on the records of the ongoing AD and CVD pressure washers investigations. No new factual information or business proprietary information may be included in either scope case or rebuttal briefs. Case briefs or other written comments on non-scope issues may be submitted to the Assistant Secretary for Enforcement and Compliance. Commerce will notify interested parties of the deadline for the submission of case briefs. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.12 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Commerce has modified certain of its requirements for serving documents containing business proprietary information until further notice.13 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, and a list of the issues to be discussed. Oral presentations at the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing. 14 U.S. International Trade Commission Notification In accordance with section 703(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of pressure washers from China are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act, and 19 CFR 351.205(c). Dated: May 30, 2023. Lisa W. Wang, 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 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 VerDate Sep<11>2014 17:59 Jun 02, 2023 Jkt 259001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\05JNN1.SGM 05JNN1 ddrumheller on DSK120RN23PROD with NOTICES1 36534 Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Notices 1 See Certain Carbon and Alloy Steel Cut-To- Length Plate from Austria, Belgium, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative Antidumping Determinations for France, the Federal Republic of Germany, the Republic of Korea, and Taiwan, and Antidumping Duty Orders, 82 FR 24096, 24098 (May 25, 2017) (Order). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 42144 (July 14, 2022). 3 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of 2021–2022 Antidumping Duty Administrative Review,’’ dated January 3, 2023. 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the 2021–2022 Administrative Review of the Antidumping Duty Order on Certain Carbon and Alloy Steel Cut-to- Length Plate from Italy,’’ (Preliminary Decision Memorandum) dated concurrently with, and hereby adopted by, this notice. 5 See Order. 6 See Petitioners’ Letter, ‘‘Withdrawal of Request for Administrative Review,’’ dated October 12, 2022. 7 See 19 CFR 351.224(b). 8 See 19 CFR 351.309(c). 9 See 19 CFR 351.309(d). 10 See 19 CFR 351.309(c)(2) and (d)(2). 11 See 19 CFR 351.303. 12 See 19 CFR 351.303(f). 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 Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Scope Comments V. Injury Test VI. Diversification of China’s Economy VII. Preliminary Affirmative Determination of Critical Circumstances, in Part VIII. Use of Facts Otherwise Available and Adverse Inferences IX. Subsidies Valuation X. Interest Rate, Discount Rate, Hot-Rolled Steel, and Electricity Benchmarks XI. Analysis of Programs XII. Recommendation [FR Doc. 2023–11875 Filed 6–2–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–475–834] Certain Carbon and Alloy Steel Cut-to- Length Plate From Italy: Preliminary Results of Antidumping Duty Administrative Review and Rescission in Part; 2021–2022 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that sales of subject merchandise were made at less than normal value (NV) during the period of review (POR), May 1, 2021, through April 30, 2022. We are also rescinding this review with respect to Officine Tecnosider s.r.l. (OTS). We invite interested parties to comment on these preliminary results. DATES : Applicable June 5, 2023. FOR FURTHER INFORMATION CONTACT : Nathan Araya, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3401. SUPPLEMENTARY INFORMATION : Background On July 14, 2022, based on timely requests for review, in accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative review of the antidumping duty order 1 on certain carbon and alloy steel cut-to-length plate (CTL plate) from Italy with respect to two producers/exporters of the subject merchandise, NLMK Verona S.p.A (NVR) and OTS. 2 On January 3, 2023, Commerce extended the preliminary results of this review to no later than May 31, 2023.3 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.4 Scope of the Order 5 The merchandise subject to the Order is certain carbon and alloy steel cut-to- length plate from Italy. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. Methodology Commerce is conducting this review in accordance with sections 751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). Constructed export price is calculated in accordance with section 772 of the Act. NV is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Partial Rescission of Administrative Review Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of the notice of initiation. Commerce received a timely-filed withdrawal request from Cleveland-Cliffs Steel LLC, Nucor Corporation, and SSAB Enterprises, LLC (collectively, the petitioners) on October 12, 2022, withdrawing its request for a review of OTS.6 Because the withdrawal request was timely filed, and no other party requested a review of this company, in accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this review of the Order with respect to OTS. Preliminary Results of the Review We preliminarily determine that the following weighted-average dumping margin exists for the period May 1, 2021, through April 30, 2022: Producer or exporter Weighted- average dumping margin (percent) NLMK Verona S.p.A ................... 15.88 Disclosure and Public Comment Commerce intends to disclose the calculations performed in connection with these preliminary results to interested parties within five days after the date of publication of this notice.7 Interested parties may submit case briefs to Commerce no later than 30 days after the date of publication of this notice.8 Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than seven days after the deadline for filing case briefs.9 Parties who submit case or rebuttal briefs are requested to submit with each argument: (1) a statement of the issue; (2) a brief summary of the arguments; and (3) a table of authorities.10 Case and rebuttal briefs should be filed using ACCESS 11 and must be served on interested parties. 12 Executive summaries should be limited to five pages total, including footnotes. Note that Commerce has temporarily modified certain aspects of VerDate Sep<11>2014 17:59 Jun 02, 2023 Jkt 259001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\05JNN1.SGM 05JNN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Final - Vietnam === 59503Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Notices 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). 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). 3 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated June 8, 2023. 4 See Memorandum, ‘‘Final Scope Decision Memorandum,’’ dated concurrently with this notice. 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). 6 See 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 Vietnam- Wide 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 VerDate Sep<11>2014 17:03 Aug 28, 2023 Jkt 259001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\29AUN1.SGM 29AUN1 ddrumheller on DSK120RN23PROD with NOTICES1 59504 Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Notices 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. 9 See 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 weighted- average 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 VerDate Sep<11>2014 17:03 Aug 28, 2023 Jkt 259001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\29AUN1.SGM 29AUN1 ddrumheller on DSK120RN23PROD with NOTICES1 59505Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Notices 1 See 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 investment- related 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). 4 See Suzano S.A. v. United States, 589 F. Supp. 3d 1225, 1233 (CIT 2022). 5 Id. at 1237. 6 See 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. 7 See Suzano S.A. v. United States, 633 F.Supp.3d 1232, 1238 (CIT 2023). 8 Id. at 1243. 9 See 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. 12 See Suzano S.A. v. United States, Court No. 21–00069, Slip Op. 23–117 (CIT August 18, 2023). 13 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 14 See 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 weighted- average 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: VerDate Sep<11>2014 17:03 Aug 28, 2023 Jkt 259001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\29AUN1.SGM 29AUN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === USITC Scheduling (1) === 40865Federal Register / Vol. 88, No. 119 / Thursday, June 22, 2023 / Notices (Pub. L. 111–11). For more information, please see https://www.usbr.gov/bil/. California–Great Basin—Interior Region 10: Bureau of Reclamation, 2800 Cottage Way, Sacramento, California 95825–1898, telephone 916–978–5250. New contract action: 38. Klamath County Drainage Services District, Klamath Project, Oregon: Agreement for interim O&M of the 1–C Canal. Modified contract actions: 11. City of Santa Barbara, Cachuma Project, California: Execution of a temporary contract an execution of a long-term Warren Act contract with the City for conveyance of non-project water in Cachuma Project facilities. 33. Water user entities responsible for payment of reimbursable costs for Reclamation projects in California, Nevada, and Oregon: Contracts to be executed pursuant to title IX of the Infrastructure Investment and Jobs Act of November 15, 2021 (Pub. L. 117–58), and/or contracts for XM pursuant to title IX, subtitle G of Omnibus Public Land Management Act of March 30, 2009 (Pub. L. 111–11). For more information, please see https://www.usbr.gov/bil/. Discontinued contract action: 13. Cachuma Operation and Maintenance Board, Cachuma Project, California: Amendment to SOD contract No. 01–WC–20–2030 to provide for increased SOD costs associated with Bradbury Dam. Completed contract action: 31. Sacramento River Settlement Contractors, CVP, California: Temporary agreements for the purchase of conserved water for fish and wildlife purposes. Agreements executed on October 14, 2022. Scott Swanson, Acting Director, Policy and Programs. [FR Doc. 2023–13228 Filed 6–21–23; 8:45 am] BILLING CODE 4332–90–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–684 and 731– TA–1597–1598 (Final)] Gas Powered Pressure Washers From China and Vietnam; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations AGENCY : United States International Trade Commission. ACTION : Notice. SUMMARY : The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701–TA–684 and 731–TA–1597–1598 (Final) pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of gas powered pressure washers from China and Vietnam, provided for in statistical reporting numbers at 8424.30.9000 and 8424.90.9040 of the Harmonized Tariff Schedule of the United States, for which the Department of Commerce (‘‘Commerce’’) has preliminarily determined that imports of gas powered pressure washers from China are subsidized by the Government of China, and that imports of gas powered pressure washers from Vietnam are sold at less than fair value. DATES : June 8, 2023. FOR FURTHER INFORMATION CONTACT : Nitin Joshi ((202) 708–1669), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing- impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Scope.—For purposes of these investigations, Commerce has defined the subject merchandise as 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 investigations 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 these investigations 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 these investigations, 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 these investigations 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 these investigations 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. Background.—The final phase of these investigations is being scheduled VerDate Sep<11>2014 18:01 Jun 21, 2023 Jkt 259001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\22JNN1.SGM 22JNN1 ddrumheller on DSK120RN23PROD with NOTICES1 40866 Federal Register / Vol. 88, No. 119 / Thursday, June 22, 2023 / Notices pursuant to sections 705(b) and 731(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative preliminary determinations by Commerce that certain benefits which constitute subsidies within the meaning of section 703 of the Act (19 U.S.C. 1671b) are being provided to manufacturers, producers, or exporters in China of gas powered pressure washers (88 FR 36531), and that imports of gas powered pressure washers from Vietnam are being sold in the United States at less than fair value within the meaning of section 733 of the Act (19 U.S.C. 1673b). Commerce’s preliminary determination with respect to imports of gas powered pressure washers from China that are alleged to be sold in the United States at less than fair value is pending. The investigations were requested in petitions filed on December 30, 2022, by FNA Group, Inc., Pleasant Prairie, WI. For further information concerning the conduct of this phase of the investigations, hearing procedures, and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Participation in the investigations and public service list.—Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of these investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in § 201.11 of the Commission’s rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigations need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov). No in-person paper- based filings or paper copies of any electronic filings will be accepted until further notice. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to § 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in the final phase of these investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.—The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on August 11, 2023, and a public version will be issued thereafter, pursuant to § 207.22 of the Commission’s rules. Hearing.—The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on Thursday, August 24, 2023. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before Friday, August 18, 2023. Any requests to appear as a witness via videoconference must be included with your request to appear. Requests to appear via videoconference must include a statement explaining why the witness cannot appear in person; the Chairman, or other person designated to conduct the investigation, may in their discretion for good cause shown, grant such a request. Requests to appear as remote witness due to illness or a positive COVID–19 test result may be submitted by 3pm the business day prior to the hearing. Further information about participation in the hearing will be posted on the Commission’s website at https://www.usitc.gov/calendarpad/ calendar.html. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference, if deemed necessary, to be held at 9:30 a.m. on Tuesday, August 22, 2023. Parties shall file and serve written testimony and presentation slides in connection with their presentation at the hearing by no later than 4:00 p.m. on August 23, 2023. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. Written submissions.—Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of § 207.23 of the Commission’s rules; the deadline for filing is August 18, 2023. Parties shall also file written testimony in connection with their presentation at the hearing, and posthearing briefs, which must conform with the provisions of § 207.25 of the Commission’s rules. The deadline for filing posthearing briefs is August 31, 2023. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before August 31, 2023. On September 18, 2023, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before September 20, 2023, but such final comments must not contain new factual information and must otherwise comply with § 207.30 of the Commission’s rules. All written submissions must conform with the provisions of § 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. Additional written submissions to the Commission, including requests pursuant to § 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with §§ 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice VerDate Sep<11>2014 18:01 Jun 21, 2023 Jkt 259001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\22JNN1.SGM 22JNN1 ddrumheller on DSK120RN23PROD with NOTICES1 40867Federal Register / Vol. 88, No. 119 / Thursday, June 22, 2023 / Notices is published pursuant to § 207.21 of the Commission’s rules. By order of the Commission. Issued: June 16, 2023. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2023–13312 Filed 6–21–23; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE [OMB Number 1140–0056] Agency Information Collection Activities; Proposed eCollection eComments Requested; Special Agent Medical Preplacement—ATF Form 2300.10 AGENCY : Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice. ACTION : 30-Day notice. SUMMARY : The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection was previously published in the Federal Register on April 17, 2023, allowing a 60-day comment period. DATES : Comments are encouraged and will be accepted for 30 days until July 24, 2023. FOR FURTHER INFORMATION CONTACT : If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact: Dawn Cheeks, by phone at 202– 412–1770 or email at dawn.cheeks@ atf.gov. SUPPLEMENTARY INFORMATION : Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Enhance the quality, utility, and clarity of the information to be collected; and/or —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Written comments and recommendations for this information collection should be submitted within 30 days of the publication of this notice on the following website www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function and entering either the title of the information collection or the OMB Control Number: 1140–0056. This information collection request may be viewed at www.reginfo.gov. Follow the instructions to view Department of Justice, information collections currently under review by OMB. DOJ seeks PRA authorization for this information collection for three (3) years. OMB authorization for an ICR cannot be for more than three (3) years without renewal. The DOJ notes that information collection requirements submitted to the OMB for existing ICRs receive a month-to-month extension while they undergo review. Overview of This Information Collection 1. Type of Information Collection: Extension of a previously approved collection. 2. Title of the Form/Collection: Special Agent Medical Preplacement. 3. Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: ATF Form 2300.10. Component: Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice. 4. Affected public who will be asked or required to respond, as well as a brief abstract: Affected Public: Individuals or households, Federal Government. Abstract: ATF E-Form 2300.10, Special Agent Medical Preplacement form collects specific identifiable data, these elements are name, address, telephone, social security number and certain medical data. The medical data on the form must be collected in order to determine whether or not a candidate is qualified medically for the position. The information will be initially used to make recommendation on either hiring or not hiring a candidate for the criminal investigator (special agent) position. 5. Obligation to Respond: Mandatory under Code of Federal Regulations, Part 339.301. 6. Total Estimated Number of Respondents: 380 respondents. 7. Estimated Time per Respondent: 45 minutes. 8. Frequency: On occasion. 9. Total Estimated Annual Time Burden: 285 hours. 10. Total Estimated Annual Other Costs Burden: $0. If additional information is required, contact: Darwin Arceo, Department Clearance Officer, Policy and Planning Staff, Justice Management Division, United States Department of Justice, Two Constitution Square, 145 N Street NE, 4W–218 Washington, DC 20530. Dated: June 16, 2023. Darwin Arceo, Department Clearance Officer for PRA, U.S. Department of Justice. [FR Doc. 2023–13273 Filed 6–21–23; 8:45 am] BILLING CODE 4410–FY–P DEPARTMENT OF JUSTICE [OMB Number 1140–0015] Agency Information Collection Activities; Proposed eCollection eComments Requested; Application for Tax Exempt Transfer and Registration of Firearm—ATF Form 5 (5320.5) AGENCY : Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice. ACTION : 30-Day notice. SUMMARY : The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection was previously published in the Federal Register on April 17, 2023, allowing a 60-day comment period. DATES : Comments are encouraged and will be accepted for 30 days until July 24, 2023. FOR FURTHER INFORMATION CONTACT : If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please VerDate Sep<11>2014 18:01 Jun 21, 2023 Jkt 259001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\22JNN1.SGM 22JNN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – CVD – Final - China === 88578 Federal Register / Vol. 88, No. 245 / Friday, December 22, 2023 / Notices 1 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) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 Id. 3 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the Countervailing Duty Investigation of Gas Powered Pressure Washers from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 See Memorandum, ‘‘Preliminary Scope Decision,’’ dated June 8, 2023 (Preliminary Scope Memorandum). 5 See Memorandum, ‘‘Final Scope Decision,’’ dated August 22, 2023 (Final Scope Memorandum). 15. Dongguan Sunworth Solar Energy Co., Ltd. 16. Eoplly New Energy Technology Co., Ltd. 17. ERA Solar Co., Ltd. 18. ET Solar Energy Limited 19. Fuzhou Sunmodo New Energy Equipment Co., Ltd. 20. GCL System Integration Technology Co., Ltd. 21. Hainan Yingli New Energy Resources Co., Ltd. 22. Haining Chint Solar Energy Technology Co., Ltd.; 23. Hangzhou Sunny Energy Science and Technology Co., Ltd. 24. Hengdian Group DMEGC Magnetics Co., Ltd. 25. Hengshui Yingli New Energy Resources Co., Ltd. 26. Hongkong Hello Tech Energy Co., Ltd. 27. JA Solar, Co., Ltd. 28. JA Technology Yangzhou Co., Ltd. 29. Jiangsu Jinko Tiansheng Solar Co., Ltd. 30. Jinko Solar International Limited 31. Light Way Green Energy Co., Ltd. 32. Lixian Yingli New Energy Resources Co., Ltd. 33. Longi (HK) Trading Ltd. 34. Luoyang Suntech Power Co., Ltd. 35. New East Solar Energy Cambodia Co., Ltd. 36. Nice Sun PV Co., Ltd. 37. Ningbo ETDZ Holdings, Ltd. 38. ReneSola Jiangsu Ltd. 39. Renesola Zhejiang Ltd. 40. Changzhou Jintan Ningsheng Electricity Power Co., Ltd.; Changzhou Sveck New Material Technology Co., Ltd.; Changzhou Sveck Photovoltaic New Material Co., Ltd. (including Changzhou Sveck Photovoltaic New Material Co., Ltd. Jintan Danfeng Road Branch); Jiangsu Sveck New Material Co., Ltd.; JiuJiang Shengchao Xinye Technology Co., Ltd. (including JiuJang Shengshao Xinye Technology Co., Ltd. Ruichang Branch); Jiujiang Shengchao Xinye Trade Co., Ltd.; Ninghai Risen Energy Power Development Co., Ltd.; Risen (Changzhou) Import and Export Co., Ltd.; Risen (Luoyang) New Energy Co., Ltd.; Risen (Ningbo) Electric Power Development Co., Ltd.; Risen (Wuhai) New Energy Co., Ltd.; Risen Energy (Changzhou) Co., Ltd.; Risen Energy (HongKong) Co., Ltd.; Risen Energy (Ningbo) Co., Ltd.; Risen Energy (Yiwu) Co., Ltd.; Risen Energy Co., Ltd.; Zhejiang Boxin Investment Co., Ltd.; Zhejiang Twinsel Electronic Technology Co., Ltd. 41. Shenzhen Glory Industries Co., Ltd. 42. Shenzhen Topray Solar Co., Ltd. 43. Shenzhen Yingli New Energy Resources Co., Ltd. 44. Sumec Hardware & Tools Co., Ltd. 45. Sunpreme Solar Technology (Jiaxing) Co., Ltd. 46. Suntech Power Co., Ltd. 47. Suntimes Technology Co., Limited 48. Systemes Versilis, Inc. 49. Taimax Technologies Inc. 50. Taizhou BD Trade Co., Ltd. 51. Talesun Energy 52. Talesun Solar 53. tenKsolar (Shanghai) Co., Ltd. 54. Tianjin Yingli New Energy Resources Co., Ltd. 55. Trina (Hefei) Science and Technology Co., Ltd. 56. Trina Solar (Hefei) Science and Technology Co., Ltd. 57. Trina Solar (Singapore) Science and Technology Pte. Ltd. 58. Vina Cell Technology Company Limited 59. Vina Solar Technology Company Limited 60. Wuxi Tianran Photovoltaic Co., Ltd. 61. Yingli Green Energy International Trading Company Limited 62. Yuhuan Jinko Solar Co., Ltd. 63. Zhejiang ERA Solar Technology Co., Ltd. 64. Zhejiang Jinko Solar Co., Ltd. 65. Zhejiang Sunflower Light Energy Science & Technology Limited Liability Company [FR Doc. 2023–28162 Filed 12–21–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–149] Gas Powered Pressure Washers From the People’s Republic of China: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances Determination, in Part AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of gas powered pressure washers (pressure washers) from the People’s Republic of China (China). The period of investigation is January 1, 2021, through December 31, 2021. DATES : Applicable December 22, 2023. FOR FURTHER INFORMATION CONTACT : Theodore Pearson, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2631. SUPPLEMENTARY INFORMATION : Background On June 5, 2023, Commerce published its Preliminary Determination 1 in the Federal Register. Commerce invited parties to comment on the Preliminary Determination.2 For a complete description of the events that followed 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 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 pressure washers from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments During the investigation, 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.4 We received comments from interested parties on the Preliminary Scope Memorandum, which we address in the Final Scope Memorandum.5 We did not make any changes to the scope of this investigation from the scope published in the Preliminary Determination, as noted in Appendix I. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation, and the issues raised in the case and rebuttal briefs that were submitted by parties in this investigation, are discussed in the Issues and Decision Memorandum. For a list of the issues raised by interested parties and addressed in the Issues and Decision Memorandum, see Appendix II to this notice. VerDate Sep<11>2014 18:10 Dec 21, 2023 Jkt 262001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\22DEN1.SGM 22DEN1 ddrumheller on DSK120RN23PROD with NOTICES1 88579Federal Register / Vol. 88, No. 245 / Friday, December 22, 2023 / Notices 6 See sections 771(5)(B) and (D) of the Act regarding financial contribution; see also section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 7 See Preliminary Determination PDM at 7–30; see also Issues and Decision Memorandum at the section entitled ‘‘Use of Facts Otherwise Available and Adverse Inferences.’’ 8 See Issues and Decision Memorandum at Comment 5. 9 Commerce finds the following company to be cross-owned with JD Power: Jiangsu Nonghua Intelligent Agriculture Technology Co., Ltd. 10 JD Power submitted certain minor corrections during verification that do not affect the ad valorem subsidy rates calculated for individual programs or the total ad valorem subsidy rate. See Memorandum, ‘‘Final Determination Calculations for Jiangsu Jianghuai Engine Co., Ltd.,’’ dated concurrently with this memorandum. Methodology Commerce conducted this investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found to be countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.6 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum. In making this final determination, Commerce relied, in part, on facts otherwise available, including with an adverse inference, pursuant to sections 776(a) and (b) of the Act. For a full discussion of our application of adverse facts available (AFA), see the Preliminary Determination and the section ‘‘Use of Facts Otherwise Available and Application of Adverse Inferences’’ in the accompanying Issues and Decision Memorandum. 7 Verification Commerce was unable to conduct on- site verification of the information relied on in making its final determination in this investigation. However, in July 2023, we took additional steps in lieu of on-site verifications to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Act by conducting virtual verification of Jiangsu Jianghuai Engine Co., Ltd. (JD Power). Final Affirmative Determination of Critical Circumstances, in Part In accordance with sections 703(e)(1) and 776(a) and (b) of the Act and 19 CFR 351.206, as well as our analysis of comments received regarding our affirmative preliminary determination of critical circumstances,8 Commerce continues to find that critical circumstances exist with respect to imports of pressure washers from China for JD Power and the non-responsive companies. In addition, we continue to find that critical circumstances do not exist with respect to imports of pressure washers from companies not individually examined. For a full description of the methodology and results of Commerce’s critical circumstances analysis, see the Issues and Decision Memorandum. Changes Since the Preliminary Determination Based on our review and analysis of the information at verification and comments received from interested parties, we made no changes to the subsidy rate calculations for JD Power. For a discussion of the comments received, see the Issues and Decision Memorandum. All-Others Rate Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will determine an all-others rate equal to the weighted- average countervailable subsidy rates established for exporters and/or producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under section 776 of the Act. In this investigation, Commerce calculated a total subsidy rate for Chongqing Dajiang Power Equipment Co., Ltd. determined entirely under section 776 of the Act. Therefore, the only rate that is not zero, de minimis, or based entirely on facts otherwise available is the rate calculated for JD Power. Consequently, the rate calculated for JD Power is also assigned as the rate for all other producers and exporters. Final Determination Commerce determines that the following estimated countervailable subsidy rates exist: Company Subsidy rate (percent ad valorem) Jiangsu Jianghuai Engine Co., Ltd 9 ................................................................................................................................... 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 Developing Co., Ltd .................................................................................. 206.57 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., Ltd ........................................................................................................... 206.57 Zhejiang Xinchang Bigyao Power Tool Co., Ltd ................................................................................................................. 206.57 Zhejiang Zhinanche Cleaning Equipment Co., Ltd ............................................................................................................. 206.57 All Others ............................................................................................................................................................................. 11.19 Disclosure Commerce intends to disclose to interested parties the calculations and analysis performed in this final determination 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, in accordance with 19 CFR 351.224(b).10 Continuation of Suspension of Liquidation As a result of our Preliminary Determination and pursuant to section 703(d)(1)(B) and (d)(2) of the Act, we VerDate Sep<11>2014 18:10 Dec 21, 2023 Jkt 262001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\22DEN1.SGM 22DEN1 ddrumheller on DSK120RN23PROD with NOTICES1 88580 Federal Register / Vol. 88, No. 245 / Friday, December 22, 2023 / Notices instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise from China that were entered, or withdrawn from warehouse, for consumption, on or after June 5, 2023. Because we preliminarily determined that critical circumstances existed with respect to JD Power and the non-responsive companies, we instructed CBP to suspend such entries on or after March 7, 2023, which is 90 days prior to the date of the publication of the Preliminary Determination in the Federal Register. In accordance with section 703(d) of the Act, we instructed CBP to discontinue the suspension of liquidation of all entries of subject merchandise entered or withdrawn from warehouse, on or after October 3, 2023, but to continue the suspension of liquidation of all entries of subject merchandise between June 5 and October 2, 2023. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a countervailing duty order, reinstate the suspension of liquidation under section 706(a) of the Act, and require a cash deposit of estimated countervailing duties for entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. ITC Notification In accordance with section 705(d) of the Act, we will notify the ITC of our final affirmative determination that countervailable subsidies are being provided to producers and exporters of pressure washers from China. Because the final determination in this proceeding is affirmative, in accordance with section 705(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 pressure washers from China no later than 45 days after our final determination. In addition, we are making available to the ITC all non- privileged and nonproprietary information related to this investigation. 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 the written consent of the Assistant Secretary for Enforcement and Compliance. If the ITC determines that material injury or threat of material injury does not exist, this proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, Commerce will issue a countervailing duty order directing CBP to assess, upon further instruction by Commerce, countervailing duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Administrative Protective Order 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 destruction of proprietary information 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 sanction. Notification to Interested Parties This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act, and 19 CFR 351.210(c). Dated: December 18, 2023. /S/James Maeder 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 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 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. Final Critical Circumstances Determination IV. Use of Facts Otherwise Available and Application of Adverse Inferences V. Subsidies Valuation Information VI. Interest Rate, Discount Rate, Hot-Rolled Steel, and Electricity Benchmarks VII. Analysis of Programs VIII. Discussion of the Issues Comment 1: Export Buyer’s Credit (EBC) Program Comment 2: Whether the Application of Adverse Facts Available (AFA) for the Provision of Hot-Rolled Steel for Less Than Adequate Remuneration (LTAR) Is Appropriate VerDate Sep<11>2014 18:52 Dec 21, 2023 Jkt 262001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\22DEN1.SGM 22DEN1 ddrumheller on DSK120RN23PROD with NOTICES1 88581Federal Register / Vol. 88, No. 245 / Friday, December 22, 2023 / Notices 1 See Certain Collated Steel Staples from the People’s Republic of China: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review; 2021, 88 FR 43288 (July 7, 2023) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the 2021 Countervailing Duty Administrative Review of Certain Collated Steel Staples from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Extension of Deadline for the Final Results of Countervailing Duty Administrative Review; 2021,’’ dated October 16, 2023. 4 See Certain Collated Steel Staples from the People’s Republic of China: Countervailing Duty Order, 85 FR 43813 (July 20, 2020) (Order). 5 See Memorandum, ‘‘Final Results Calculations for Tianjin Hweschun Fasteners Manufacturing Co., Ltd.,’’ dated concurrently with this notice; see also Preliminary Results, 88 FR at 43289. 6 The four non-selected companies under review are: Ningbo Pacrim Manufacturing Co., Ltd., Shanghai Jade Shuttle Hardware, Shaoxing Bohui Import Export Co., Ltd., and Youngwoo (Cangzhou) Fasteners Co., Ltd. See Preliminary Results, 88 FR at 43289. 7 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. Comment 3: Whether the Application of AFA to the Provision of Electricity for LTAR Is Appropriate Comment 4: Whether the Application of AFA to Other Subsidies Is Appropriate Comment 5: Whether Critical Circumstances Exist with Regard to JD Power Comment 6: Whether JD Power Used the Provision of Hot-Rolled Steel for LTAR Program IX. Recommendation [FR Doc. 2023–28282 Filed 12–21–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–113] Certain Collated Steel Staples From the People’s Republic of China: Final Results of Countervailing Duty Administrative Review; 2021 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to producers and exporters of certain collated steel staples (collated staples) from the People’s Republic of China (China) during the period of review (POR) from January 1, 2021, through December 31, 2021. DATES : Applicable December 22, 2023. FOR FURTHER INFORMATION CONTACT : Jinny Ahn or Shane Subler, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0339 or (202) 482–6241, respectively. SUPPLEMENTARY INFORMATION : Background On July 7, 2023, Commerce published the Preliminary Results.1 For a complete description of the events that occurred subsequent to the Preliminary Results, see the Issues and Decision Memorandum.2 On October 16, 2023, in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce extended the deadline for issuing the final results until December 15, 2023.3 Scope of the Order 4 The merchandise subject to the Order is collated staples from China. A full description of the scope of the Order is contained in the Issues and Decision Memorandum. Analysis of Comments Received All issues raised by interested parties in briefs are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is provided in the appendix to this notice. 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. Changes Since the Preliminary Results Based on our review of the record and comments received from interested parties regarding our Preliminary Results, we made certain revisions to the countervailable subsidy rate calculations for Tianjin Hweschun Fasteners Manufacturing Co. Ltd. (Tianjin Hweschun), the sole mandatory respondent in this review.5 As a result of the changes to Tianjin Hweschun’s program rates, the final rate for the four companies under review which were not selected for individual examination also changed. 6 These changes are explained in the Issues and Decision Memorandum. Methodology Commerce is conducting this review in accordance with section 751(a)(1)(A) of the Act. For each of the subsidy programs found countervailable, we find that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.7 The Issues and Decision Memorandum contains a full description of the methodology underlying Commerce’s conclusions, including any determination that relied upon the use of adverse facts available pursuant to sections 776(a) and (b) of the Act. Companies Not Selected for Individual Review The statute and Commerce’s regulations do not address the establishment of a rate to be applied to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(e)(2) of the Act. Generally, Commerce looks to section 705(c)(5) of the Act, which provides instructions for determining the all-others rate in an investigation, for guidance when calculating the rate for companies which were not selected for individual examination in an administrative review. Under section 705(c)(5)(A) of the Act, the all-others rate is normally an amount equal to the weighted average of the countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero or de minimis countervailable subsidy rates, and any rates determined entirely on the basis of facts available. As stated above, there are four companies for which a review was requested and not rescinded, and which were not selected as mandatory respondents or found to be cross-owned with the mandatory respondent. Because the rate calculated for the only mandatory respondent in this review, Tianjin Hweschun, was above de minimis and not based entirely on facts available, we are applying Tianjin Hweschun’s subsidy rate to these non- selected companies,. This methodology used to establish the rate for the non- selected companies is consistent with our practice regarding the calculation of the all-others rate, pursuant to section 705(c)(5)(A)(i) of the Act. This is the same methodology Commerce applied in the Preliminary Results for determining a rate for companies not selected for individual examination. However, due to changes VerDate Sep<11>2014 18:10 Dec 21, 2023 Jkt 262001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\22DEN1.SGM 22DEN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Preliminary - Vietnam === 39221Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Notices 1 See Gas Powered Pressure Washers from the People’s Republic of China and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair- Value Investigations, 88 FR 4807 (January 25, 2023); see also Gas Powered Pressure Washers from the People’s Republic of China: Initiation of Countervailing Duty Investigation, 88 FR 4812 (January 25, 2023) (Initiation Notice) (collectively, Initiation Notices). 2 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-Than- Fair-Value Investigation of Gas Powered Pressure Washers from the Socialist Republic of Vietnam,’’ dated concurrently with, and hereby adopted by this notice (Preliminary Decision Memorandum). 3 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997). 4 See Initiation Notices. 5 See NTE’s Letter, ‘‘Scope Comments of Northern Tool + Equipment Co.,’’ dated February 8, 2023. 6 See Petitioner’s Letter, ‘‘Response to Scope Comments,’’ dated February 21, 2023. 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 Continued —Workforce Training, Skills Training and Certifications —Equity Focused Activities Affected Public: Recipients of ARPA Travel, Tourism and Outdoor Recreation awards: These include (i) District Organization of an EDA-designated Economic Development District (EDD); (ii) Indian Tribe or a consortium of Indian Tribes; (iii) State, county, city, or other political subdivision of a State, including a special purpose unit of a State or local government engaged in economic or infrastructure development activities, or a consortium of political subdivisions; (iv) institution of higher education or a consortium of institutions of higher education; or (v) public or private non-profit organization or association acting in cooperation with officials of a general purpose political subdivision of a State. Respondent’s Obligation: Mandatory. Legal Authority: The Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.). This information collection request may be viewed at www.reginfo.gov. Follow the instructions to view the Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be submitted within 30 days of the publication of this notice on the following website www.reginfo.gov/ public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function and entering either the title of the collection. Sheleen Dumas, Department PRA Clearance Officer, Office of the Under Secretary for Economic Affairs, Commerce Department. [FR Doc. 2023–12768 Filed 6–14–23; 8:45 am] BILLING CODE 3510–34–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–008] 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 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily 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 is April 1, 2022, through September 30, 2022. Interested parties are invited to comment on this preliminary determination. DATES : Applicable June 15, 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 This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on January 19, 2023. 1 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.2 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary 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 Preliminary 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. Scope Comments In accordance with the preamble to Commerce’s regulations,3 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).4 Northern Tool + Equipment, Inc. (NTE) commented on the scope of the investigation, requesting the addition of exclusion language to the scope as it appeared in the Initiation Notice.5 FNA Group, Inc. (the petitioner) submitted rebuttal comments, requesting the scope remain unchanged.6 Commerce preliminarily determines the scope language requires no revisions. For further information, see the Preliminary Scope Decision Memorandum, dated concurrently with this notice. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Pursuant to sections 776(a) and (b) of the Act, Commerce preliminarily has relied upon facts otherwise available, with adverse inferences, because no Vietnamese producer or exporter of pressure washers participated in this investigation. For a full description of the methodology underlying Commerce’s preliminary determination, see the Preliminary Decision Memorandum. Preliminary Affirmative Determination of Critical Circumstances In accordance with section 733(e) of the Act and 19 CFR 351.206, Commerce preliminarily determines 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 Preliminary 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 VerDate Sep<11>2014 17:54 Jun 14, 2023 Jkt 259001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\15JNN1.SGM 15JNN1 lotter on DSK11XQN23PROD with NOTICES1 39222 Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Notices Bulletin 05.1), available on Commerce’s website at https://enforcement.trade.gov/policy/bull05-1.pdf. 9 See Preliminary Decision Memorandum at section VI., ‘‘Application of Facts Available and Adverse Inferences.’’ 10 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 11 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). this case, because no respondent qualified for a separate rate, producer/ exporter combination rates were not calculated. Preliminary Determination Commerce preliminarily determines that the following estimated weighted- average dumping margins exist for the period, April 1, 2022, through September 30, 2022: Producer/exporter Estimated weighted- average dumping margin (percent) Vietnam-Wide Entity 9 ........... 225.65 Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register, as discussed below. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the weighted-average dumping margin as indicated in the chart above. Section 733(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of (a) the date which is 90 days before the date on which the suspension of liquidation was first ordered, or (b) the date on which notice of initiation of the investigation was published. Commerce preliminarily finds that critical circumstances exist for imports of subject merchandise from the Vietnam- wide entity. In accordance with section 733(e)(2)(A) of the Act, the suspension of liquidation shall apply to all unliquidated entries of merchandise from all producers and/or exporters of pressure washers from Vietnam that were entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice in the Federal Register. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Normally, Commerce discloses to interested parties the calculations performed in connection with a preliminary 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 adverse facts available rate is based solely on the petition, there are no calculations to disclose. Verification Because Commerce preliminarily determines in accordance with section 776(b) of the Act that the Vietnam-wide entity has been uncooperative, Commerce will not conduct a verification. Public Comment Case briefs or other written comments on non-scope issues may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 30 days after the date of publication of the preliminary determination unless the Secretary alters the time limit. Rebuttal briefs, limited to issues raised in these case briefs, may be submitted no later than seven days after the deadline date for case briefs.10 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.11 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. U.S. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its preliminary determination of sales at LTFV. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of pressure washers from Vietnam are materially injuring, or threaten material injury to, the U.S. industry. 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: June 8, 2023. Lisa W. Wang, 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 VerDate Sep<11>2014 17:54 Jun 14, 2023 Jkt 259001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\15JNN1.SGM 15JNN1 lotter on DSK11XQN23PROD with NOTICES1 39223Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Notices 1 See Biodiesel from the Republic of Argentina and the Republic of Indonesia: Countervailing Duty Orders, 83 FR 522 (January 4, 2018), and Biodiesel from the Republic of Argentina and the Republic of Indonesia: Antidumping Duty Orders, 83 FR 18278 (April 26, 2018) (collectively, Orders); see also Biodiesel from the Republic of Argentina and the Republic of Indonesia: Countervailing Duty Orders, 83 FR 3114 (January 23, 2018) (correction to the CVD order). 2 See Biodiesel from Argentina and Indonesia; Institution of Five-Year Reviews, 87 FR 73781 (December 1, 2022). 3 See Initiation of Five-Year (Sunset) Reviews, 87 FR 73757 (December 1, 2022). 4 See Biodiesel from Argentina and Indonesia: Final Results of Expedited Sunset Reviews of the Antidumping Duty Orders, 88 FR 19920 (April 4, 2023), and accompanying Issues and Decision Memorandum (IDM) and Biodiesel from Argentina and Indonesia: Final Results of Expedited First Sunset Reviews of the Countervailing Duty Orders, 88 FR 20130 (April 5, 2023), and accompanying IDM. 5 See Biodiesel from Argentina and Indonesia, 88 FR 37579 (June 8, 2023) (ITC Final Determination). 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 Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of Investigation V. Scope Comments VI. Discussion of the Methodology VII. Preliminary Determination of Critical Circumstances VIII. Recommendation [FR Doc. 2023–12766 Filed 6–14–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–357–820, C–357–821, A–560–830, C–560– 831] Biodiesel From Argentina and Indonesia: Continuation of Antidumping Duty Orders and Countervailing Duty Orders AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) orders and countervailing duty (CVD) orders on biodiesel from Argentina and Indonesia would likely lead to the continuation or recurrence of dumping, and countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD and CVD orders. DATES : Applicable June 8, 2023. FOR FURTHER INFORMATION CONTACT : Mark Hoadley, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3148. SUPPLEMENTARY INFORMATION : Background On January 4, and April 26, 2018, Commerce published in the Federal Register the AD and CVD orders on biodiesel from Argentina and India, respectively. 1 On December 1, 2022, the ITC instituted, 2 and Commerce initiated,3 the first sunset review of the Orders, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). As a result of its reviews, Commerce determined that revocation of the Orders would likely lead to the continuation or recurrence of dumping and countervailable subsidies, and therefore, notified the ITC of the magnitude of the margins of dumping and subsidy rates likely to prevail should the Orders be revoked.4 On June 8, 2023, the ITC published its determination, pursuant to sections 751(c) and 752(a) of the Act, that revocation of the Orders would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. 5 Scope of the Orders The product covered by the Orders is biodiesel, which is a fuel comprised of mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats, including biologically-based waste oils or greases, and other biologically-based oil or fat sources. The Orders cover biodiesel in pure form (B100) as well as fuel mixtures containing at least 99 percent biodiesel by volume (B99). For fuel mixtures containing less than 99 percent biodiesel by volume, only the biodiesel component of the mixture is covered by the scope of the Orders. Biodiesel is generally produced to American Society for Testing and Materials International (ASTM) D6751 specifications, but it can also be made to other specifications. Biodiesel commonly has one of the following Chemical Abstracts Service (CAS) numbers, generally depending upon the feedstock used: 67784–80–9 (soybean oil methyl esters); 91051–34– 2 (palm oil methyl esters); 91051–32–0 (palm kernel oil methyl esters); 73891– 99–3 (rapeseed oil methyl esters); 61788–61–2 (tallow methyl esters); 68990–52–3 (vegetable oil methyl esters); 129828–16–6 (canola oil methyl esters); 67762–26–9 (unsaturated alkylcarboxylic acid methyl ester); or 68937–84–8 (fatty acids, C12–C18, methyl ester). The B100 product subject to the Orders is currently classifiable under subheading 3826.00.1000 of the Harmonized Tariff Schedule of the United States (HTSUS), while the B99 product is currently classifiable under HTSUS subheading 3826.00.3000. Although the HTSUS subheadings, ASTM specifications, and CAS numbers are provided for convenience and customs purposes, the written description of the scope is dispositive. Continuation of the Order As a result of the determinations by Commerce and the ITC that revocation of the Orders would likely lead to continuation or recurrence of dumping, countervailable subsidies, and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, Commerce hereby orders the continuation of the Orders. U.S. Customs and Border Protection will continue to collect AD and CVD cash deposits at the rates in effect at the time VerDate Sep<11>2014 17:54 Jun 14, 2023 Jkt 259001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\15JNN1.SGM 15JNN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Preliminary - China === 51279Federal Register / Vol. 88, No. 148 / Thursday, August 3, 2023 / Notices 8 See Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also the frequently asked questions regarding the Final Rule, available at https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 9 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 10 See section 782(b) of the Act; see also Final Rule; and the frequently asked questions regarding the Final Rule, available at https:// enforcement.trade.gov/tlei/notices/factual_info_ final_rule_FAQ_07172013.pdf. 11 See 19 CFR 351.302. 1 See Gas Powered Pressure Washers from the People’s Republic of China and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair- Value Investigations, 88 FR 4807 (January 25, 2023) (Initiation Notice). 2 See Gas Powered Pressure Washers from the People’s Republic of China: Postponement of Preliminary Determination in the Less-Than-Fair Value Investigation, 88 FR 31677 (May 18, 2023). 3 See Memorandum, ‘‘Decision Memorandum for Preliminary Determination of Sales in the Less- Than-Fair-Value Investigation of Gas Powered Pressure Washers from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 5 See Initiation Notice, 88 FR at 4812. 6 See Preliminary Decision Memorandum at ‘‘IV. Scope Comments.’’ factual information being submitted. Please review the Final Rule,8 available at www.govinfo.gov/content/pkg/FR- 2013-07-17/pdf/2013-17045.pdf, prior to submitting factual information in this segment. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.9 Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information using the formats provided at the end of the Final Rule.10 Commerce intends to reject factual submissions in any proceeding segments if the submitting party does not comply with applicable certification requirements. Extension of Time Limits Regulation Parties may request an extension of time limits before a time limit established under Part 351 expires, or as otherwise specified by Commerce. 11 In general, an extension request will be considered untimely if it is filed after the time limit established under Part 351 expires. For submissions which are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. on the due date. Examples include, but are not limited to: (1) case and rebuttal briefs, filed pursuant to 19 CFR 351.309; (2) factual information to value factors under 19 CFR 351.408(c), or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2), filed pursuant to 19 CFR 351.301(c)(3) and rebuttal, clarification and correction filed pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments concerning the selection of a surrogate country and surrogate values and rebuttal; (4) comments concerning CBP data; and (5) Q&V questionnaires. Under certain circumstances, Commerce may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, Commerce will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. This policy also requires that an extension request must be made in a separate, stand-alone submission, and clarifies the circumstances under which Commerce will grant untimely-filed requests for the extension of time limits. Please review the Final Rule, available at https:// www.gpo.gov/fdsys/pkg/FR-2013-09-20/ html/2013-22853.htm, prior to submitting factual information in these segments. These initiations and this notice are in accordance with section 751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i). Dated: July 28, 2023. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2023–16534 Filed 8–2–23; 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: 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 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily 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 less than fair value (LTFV). The period of investigation (POI) is April 1, 2022, through September 30, 2022. Interested parties are invited to comment on this preliminary determination. DATES : Applicable August 3, 2023. FOR FURTHER INFORMATION CONTACT : Hermes Pinilla and Dusten Hom, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3477, and (202) 482–5075, respectively. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on January 25, 2023.1 On May 18, 2023, Commerce postponed the preliminary determination of this investigation to July 28, 2023. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary 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 Preliminary 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 pressure washers from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the Preamble to Commerce’s regulations, 4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 We received comments from several parties concerning the scope of the antidumping duty (AD) and countervailing duty (CVD) investigations of pressure washers as it appeared in the Initiation Notice.6 On VerDate Sep<11>2014 17:35 Aug 02, 2023 Jkt 259001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\03AUN1.SGM 03AUN1 ddrumheller on DSK120RN23PROD with NOTICES1 51280 Federal Register / Vol. 88, No. 148 / Thursday, August 3, 2023 / Notices 7 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated June 8, 2023. 8 Id. 9 See Initiation Notice, 88 FR at 4811. 10 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 http://enforcement.trade.gov/policy/bull05-1.pdf. 11 See Rato’s Letter, ‘‘Notice of Intent Not to Participate,’’ dated April 17, 2023 (Rato Declination Letter). June 8, 2023, we issued the preliminary scope decision memorandum. 7 For a summary of the product coverage comments and rebuttal responses submitted to the record for this investigation, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.8 As discussed in the Preliminary Scope Decision Memorandum, Commerce did not modify the scope language as it appeared in the Initiation Notice. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Because China is a non-market economy, within the meaning of section 771(18) of the Act, Commerce has calculated normal value in accordance with section 773(c) of the Act. In addition, pursuant to sections 776(a) and (b) of the Act because the China-wide entity did not cooperate to the best of its ability in responding to Commerce’s request for data, Commerce preliminarily has relied upon facts otherwise available, with adverse inferences, for the China-wide entity. For a full description of the methodology underlying Commerce’s preliminary determination, see the Preliminary Decision Memorandum. Preliminary Affirmative Determination of Critical Circumstances, in Part In accordance with section 733(e)(1) of the Act and 19 CFR 351.206(c), Commerce preliminarily determines that critical circumstances exist with respect to imports of pressure washers from China for Jiangsu Jianghuai Engine Co., Ltd. (JD Power) and the China-wide entity, but do not exist with respect to the non-selected companies receiving a separate rate. For a full description of the methodology and results of Commerce’s analysis, see the Preliminary Decision Memorandum. Combination Rates In the Initiation Notice,9 Commerce stated that it would calculate producer/ exporter combination rates for the respondents that are eligible for a separate rate in this investigation. Commerce’s Policy Bulletin 05.1 describes this practice. 10 Separate Rates In addition to JD Power, we have preliminarily granted certain non- individually examined respondents a separate rate. Also, because Rato requested a separate rate but did not respond to Commerce’s questionnaire as a mandatory respondent in this investigation, we have preliminarily denied a separate rate to Rato and are treating it as part of the China-wide entity.11 See the Preliminary Decision Memorandum for details. In calculating the rate for non- individually examined separate rate respondents in a non-market economy AD investigation, Commerce normally looks to section 735(c)(5)(A) of the Act, which pertains to the calculation of the all-others rate in a market economy AD investigation, for guidance. Pursuant to section 735(c)(5)(A) of the Act, normally this rate shall be an amount equal to the weighted average of the estimated AD rate established for those companies individually examined, excluding zero and de minimis and any rates based entirely under section 776 of the Act. Commerce calculated an individual estimated weighted-average dumping margin for JD Power that is not zero, de minimis, or based entirely on facts otherwise available. Thus, the weighted- average dumping margin calculated for JD Power is the basis to determine the weighted-average dumping margin for the non-examined, separate rate companies, using section 735(c)(5)(A) of the Act for guidance, which provides for the determination of the estimated weighted-average dumping for all other producers and exporters in a market economy investigation. See the below table in the ‘‘Preliminary Determination of the Investigation’’ section of this notice. Preliminary Determination of the Investigation Commerce preliminarily determines that the following weighted-average dumping margins exist: Exporter Producer Estimated weighted- average dumping margin (percent) Cash deposit rate (adjusted for export subsidy offset(s) (percent) Jiangsu Jianghuai Engine Co., Ltd .............................. Jiangsu Jianghuai Engine Co., Ltd .............................. 263.25 252.71 Sumec Hardware and Tools Co., Ltd ........................... Sumec Hardware and Tools Co., Ltd ........................... 263.25 252.71 Zhejiang Danau Machine Co., Ltd ............................... Zhejiang Danau Machine Co., Ltd ............................... 263.25 252.71 China-Wide Entity ......................................................... 274.37 ........................................................................... 263.83 Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of subject merchandise, as described in the scope of the investigation section, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register, as discussed below. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the weighted average amount by which normal value exceeds U.S. price, as indicated in the chart above, as follows: (1) for the producer/ exporter combinations listed in the table above, the cash deposit rate is equal to the estimated weighted-average dumping margin listed for that combination 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 VerDate Sep<11>2014 17:35 Aug 02, 2023 Jkt 259001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\03AUN1.SGM 03AUN1 ddrumheller on DSK120RN23PROD with NOTICES1 51281Federal Register / Vol. 88, No. 148 / Thursday, August 3, 2023 / Notices 12 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 13 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 14 See JD Power’s Letter, ‘‘Request to Postpone Final Determination,’’ dated July 10, 2023. 15 See Petitioner’s Letter, ‘‘Request to Postpone Final Determination,’’ dated July 10, 2023. 16 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). will be equal to the estimated weighted- average dumping margin established for the China-wide entity; and (3) for all third-county exporters of subject merchandise not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the Chinese producer/exporter combination (or China-wide entity) that supplied that third-country exporter. Section 733(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of (a) the date which is 90 days before the date on which the suspension of liquidation was first ordered, or (b) the date on which notice of initiation of the investigation was published. Commerce preliminarily finds that critical circumstances exist for imports of subject merchandise from JD Power and from the China-wide entity. In accordance with section 733(e)(2)(A) of the Act, the suspension of liquidation shall apply to all unliquidated entries of merchandise from JD Power and the China-wide entity that were entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice in the Federal Register. To determine the cash deposit rate, Commerce normally adjusts the estimated weighted-average dumping margin by the amount of domestic subsidy pass-through and export subsidies determined in a companion CVD proceeding when CVD provisional measures are in effect. Accordingly, where Commerce has made a preliminary affirmative determination for domestic subsidy pass-through or export subsidies, Commerce offset the calculated estimated weighted-average dumping margin by the appropriate rate(s). Any such adjusted rates may be found in the Preliminary Determination section’s chart of estimated weighted- average dumping margins above. Should provisional measures in the companion CVD investigation expire prior to the expiration of provisional measures in this LTFV investigation, Commerce will direct CBP to begin collecting cash deposits at a rate equal to the estimated weighted-average dumping margins calculated in this preliminary determination unadjusted for the passed-through domestic subsidies or for export subsidies at the time the CVD provisional measures expire. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose to interested parties the calculations performed in connection with this preliminary 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). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify information relied upon in making its final determination. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.12 Note that Commerce has modified certain of its requirements for serving documents containing business proprietary information until further notice. 13 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm the date and time of the hearing two days before the scheduled date. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioners. Pursuant to 19 CFR 351.210(e)(2), Commerce requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On July 10, 2023, pursuant to 19 CFR 351.210(e), JD Power timely requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months, if the preliminary determination was affirmative.14 On July 10, 2023, the petitioner timely requested that Commerce fully extend the deadline for the final determination in the event of a negative preliminary determination. 15 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act. Furthermore, as the final CVD determination has been aligned with the final AD determination, Commerce will make its final CVD determination no later than 135 days after the date of publication of this preliminary determination.16 VerDate Sep<11>2014 17:35 Aug 02, 2023 Jkt 259001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\03AUN1.SGM 03AUN1 ddrumheller on DSK120RN23PROD with NOTICES1 51282 Federal Register / Vol. 88, No. 148 / Thursday, August 3, 2023 / Notices 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review and Join Annual Inquiry Service List, 87 FR 47187 (August 2, 2022). 2 See Hyosung’s Letter, ‘‘Hyosung’s Request for Administrative Review,’’ dated August 29, 2022. 3 See Petitioner’s Letter, ‘‘Request for 2021/2022 Administrative Review,’’ dated August 31, 2022. 4 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 61278 (October 11, 2022) (Initiation Notice). 5 See Memorandum, ‘‘Release of U.S. Customs and Border Protection Import Data,’’ dated October 26, 2022 (CBP Data Memorandum). 6 Id. 7 See Iljin’s Letter, ‘‘No Shipments Letter,’’ dated November 1, 2022. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its preliminary determination of sales at LTFV. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports of the subject merchandise are materially injuring, or threaten material injury to, the U.S. industry. 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: July 28, 2023. Lisa W. Wang, 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 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 99cc 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 Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Preliminary Affirmative Determination of Critical Circumstances, in Part VI. Discussion of the Methodology VII. Adjustment Under Section 777A(f) of the Act VIII. Adjustment to Cash Deposit Rate for Export Subsidies IX. Currency Conversion X. Recommendation [FR Doc. 2023–16594 Filed 8–2–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–867] Large Power Transformers From the Republic of Korea: Rescission of Antidumping Duty Administrative Review; 2021–2022 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) is rescinding the administrative review of the antidumping duty order on large power transformers (LPTs) from the Republic of Korea (Korea), covering the period of review (POR) August 1, 2021, through July 31, 2022. DATES : Applicable August 3, 2023. FOR FURTHER INFORMATION CONTACT : John Drury, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0195. SUPPLEMENTARY INFORMATION : Background On August 2, 2022, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the antidumping duty order on LPTs from Korea, covering the POR. 1 On August 29, 2022, respondent Hyosung Heavy Industries Corporation (Hyosung) timely requested that Commerce conduct an administrative review of itself, 2 and on August 31, 2022, Hitachi Energy USA, Inc. (the petitioner) timely requested that Commerce conduct an administrative review of several exporters and/or producers. 3 On October 11, 2022, Commerce published in the Federal Register a notice of initiation of an administrative review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act).4 On October 26, 2022, Commerce released U.S. Customs and Border Protection (CBP) import data, with respect to LPTs from Korea subject to the antidumping duty order, during the POR, and solicited comments from parties. 5 As a result of the query to CBP, Commerce found no suspended entries of LPTs from Korea during the POR.6 On November 1, 2022, Iljin Electric Co., Ltd. (Iljin) submitted a letter to Commerce certifying that Iljin had no exports, sales, or entries to the United States during the POR of subject LPTs.7 On November 2, 2022, Hyosung Heavy Industries Corporation (Hyosung) submitted a letter to Commerce certifying that Hyosung had no exports, sales, or entries of subject LPTs into the United States during the POR, as well as withdrawing Hyosung’s request for VerDate Sep<11>2014 17:35 Aug 02, 2023 Jkt 259001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\03AUN1.SGM 03AUN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Orders - AD - Vietnam === 73311Federal Register / Vol. 88, No. 205 / Wednesday, October 25, 2023 / Notices 1 See 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, 88 FR 59503 (August 29, 2023). 2 See ITC’s Letter, Notification Letter: Investigation No. 731–TA–1598 (Final), dated October 13, 2023. 3 Id. 4 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). This Order, which constitutes the final agency action in this matter, is effective immediately. Matthew S. Axelrod, Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 2023–23571 Filed 10–24–23; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–008] Gas Powered Pressure Washers From the Socialist Republic of Vietnam: Antidumping Duty Order 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 an antidumping duty order on gas powered pressure washers (pressure washers) from the Socialist Republic of Vietnam (Vietnam). DATES : Applicable October 25, 2023. FOR FURTHER INFORMATION CONTACT : Laurel LaCivita or Matthew Palmer, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4243 and (202) 482–1678, respectively. SUPPLEMENTARY INFORMATION : Background On August 29, 2023, Commerce published its affirmative final determination in the less-than-fair-value (LTFV) investigation of pressure washers from Vietnam. 1 On October 13, 2023, the ITC notified Commerce of its final determination, pursuant to section 735(d) of the Tariff Act of 1930, as amended (the Act), 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 LTFV imports of pressure washers from Vietnam.2 Scope of the Order The products covered by this order are gas powered pressure washers from Vietnam. For a complete description of the scope of this order, see the appendix to this notice. Antidumping Duty Order On October 13, 2023, 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 by reason of imports of pressure washers from Vietnam. 3 Therefore, in accordance with section 735(c)(2) of the Act, Commerce is issuing this antidumping duty order. Because the ITC determined that imports of pressure washers from Vietnam materially injure a U.S. industry, unliquidated entries of such merchandise from Vietnam, entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties. 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 Vietnam. Antidumping duties will be assessed on unliquidated entries of pressure washers from Vietnam entered, or withdrawn from warehouse, for consumption, on or after June 15, 2023, the date of publication of the Preliminary Determination in the Federal Register, except as noted in the ‘‘Provisional Measures’’ section below.4 Continuation of Suspension of Liquidation 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 Vietnam, except as noted below. 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 Margin The estimated weighted-average dumping margin is as follows: Exporter/producer Estimated weighted- average dumping margin (percent) Vietnam-Wide Entity ................... 225.86 Critical Circumstances With respect to the ITC’s negative critical circumstances determination on imports of pressure washers from Vietnam, 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 Vietnam entered, or withdrawn from warehouse, for consumption on or after March 17, 2023 (i.e., 90 days prior to the date of the publication of the Preliminary Determination), but before June 15, 2023 (i.e., the date of publication of the Preliminary Determination). Provisional Measures 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. None of the exporters of pressure washers requested Commerce to extend the four-month period to six months in this investigation. The provisional measures period, beginning on the date of publication of the Preliminary Determination, ended on October 12, 2023. 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 Vietnam entered, or withdrawn from warehouse, for consumption after October 12, 2023, 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 VerDate Sep<11>2014 17:01 Oct 24, 2023 Jkt 262001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\25OCN1.SGM 25OCN1 lotter on DSK11XQN23PROD with NOTICES1 73312 Federal Register / Vol. 88, No. 205 / Wednesday, October 25, 2023 / Notices 5 See Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 2021) (Final Rule). 6 See Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions, 86 FR 53205 (September 27, 2021) (Procedural Guidance). 7 Id. 8 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. 9 See Procedural Guidance. 10 See Final Rule, 86 FR at 52335. 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. Establishment of the Annual Inquiry Service Lists On September 20, 2021, Commerce published the final rule titled ‘‘Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws’’ in the Federal Register. 5 On September 27, 2021, Commerce also published the notice titled ‘‘Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions’’ in the Federal Register. 6 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.7 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.’’ 8 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,9 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. 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.’’ 10 Accordingly, as stated above, the petitioner and Government of Vietnam 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 Vietnam 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 Vietnam 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. Notification to Interested Parties This notice constitutes the antidumping duty order with respect to pressure washers from Vietnam pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at https://enforcement.trade.gov/ stats/iastats1.html. This antidumping duty order is published in accordance with sections 735(e) and 736(a) of the Act and 19 CFR 351.224(e) and 19 CFR 351.211(b). Dated: October 19, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Order The merchandise covered by this order 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 order 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 order 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 order, 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 order 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 order 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 order 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 VerDate Sep<11>2014 17:01 Oct 24, 2023 Jkt 262001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\25OCN1.SGM 25OCN1 lotter on DSK11XQN23PROD with NOTICES1 73313Federal Register / Vol. 88, No. 205 / Wednesday, October 25, 2023 / Notices 1 See Petitioner’s Letter, ‘‘Aluminum Lithographic Printing Plates from China and Japan—Petition for the Imposition of Antidumping and Countervailing Duties,’’ dated September 28, 2023 (Petition). 2 Id. 3 See Commerce’s Letters, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Aluminum Lithographic Printing Plates from the People’s Republic of China and Japan: Supplemental Questions,’’ dated October 2, 2023 (General Issues Questionnaire); and ‘‘Petition for the Imposition of Antidumping Duties on Imports of Aluminum Lithographic Printing Plates from the People’s Republic of China: Supplemental Questions,’’ dated October 3, 2023. 4 See Petitioner’s Letters, ‘‘Aluminum Lithographic Printing Plates from China and Japan—Petitioner’s Supplement to Volume I Relating to Request for the Imposition of Antidumping and Countervailing Duties on Imports from China and Japan,’’ dated October 5, 2023 (General Issues Supplement); and ‘‘Aluminum Lithographic Printing Plates from the People’s Republic of China—Petitioner’s Supplemental Questionnaire Response and Amendment to Volume IV Relating to Countervailing Duties,’’ dated October 6, 2023. 5 See Petition at Volume I (page 2). 6 See, infra, section on ‘‘Determination of Industry Support for the Petition.’’ 7 See General Issues Questionnaire. 8 See General Issues Supplement at 2–7 and Attachments 1–3. 9 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR 351.312. 10 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 11 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014), for details of Commerce’s electronic filing requirements, effective August 5, 2011. Information on using ACCESS can be found at: https://access.trade.gov/ Continued 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 order 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. 2023–23612 Filed 10–24–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–157] Aluminum Lithographic Printing Plates From the People’s Republic of China: Initiation of Countervailing Duty Investigation AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES : Applicable October 18, 2023. FOR FURTHER INFORMATION CONTACT : Terre Keaton Stefanova, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1280. SUPPLEMENTARY INFORMATION : The Petition On September 28, 2023, the U.S. Department of Commerce (Commerce) received a countervailing duty (CVD) petition concerning imports of aluminum lithographic printing plates (printing plates) from the People’s Republic of China (China) filed in proper form on behalf of Eastman Kodak Company (the petitioner). 1 The CVD petition was accompanied by antidumping duty (AD) petitions concerning imports of printing plates from China and Japan.2 On October 2 and 3, 2023, Commerce requested supplemental information pertaining to certain aspects of the Petition.3 On October 5 and 6, 2023, the petitioner filed timely responses to these requests for additional information.4 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that the Government of China (GOC) is providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to producers of printing plates in China, and that such imports are materially injuring, or threatening material injury to, the domestic industry producing printing plates in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating a CVD investigation, the Petition is supported by information reasonably available to the petitioner. Commerce finds that the petitioner filed the Petition on behalf of the domestic industry because the petitioner is an interested party, as defined in section 771(9)(C) of the Act. 5 Commerce also finds that the petitioner demonstrated sufficient industry support with respect to the initiation of the requested CVD investigation.6 Period of Investigation Because the Petition was filed on September 28, 2023, pursuant to 19 CFR 351.204(b)(2), the period of investigation (POI) is January 1, 2022, through December 31, 2022. Scope of the Investigation The products covered by this investigation are printing plates from China. For a full description of the scope of this investigation, see the appendix to this notice. Comments on Scope of the Investigation On October 2, 2023, Commerce requested information and clarification from the petitioner regarding the proposed scope to ensure that the scope language in the Petition is an accurate reflection of the products for which the domestic industry is seeking relief.7 On October 5, 2023, the petitioner revised the scope.8 The description of merchandise covered by this investigation, as described in the appendix to this notice, reflects these clarifications. As discussed in the Preamble to Commerce’s regulations, we are setting aside a period for parties to raise issues regarding product coverage (i.e., scope).9 Commerce will consider all scope comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments include factual information, all such factual information should be limited to public information. 10 To facilitate preparation of its questionnaires, Commerce requests that scope comments be submitted by 5:00 p.m. Eastern Time (ET) on November 7, 2023, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on November 17, 2023, which is ten calendar days from the initial comment deadline. Commerce requests that any factual information that the parties consider relevant to the scope of the investigation be submitted during that period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party must contact Commerce and request permission to submit the additional information. All such submissions must be filed on the record of each of the concurrent AD and CVD investigations. Filing Requirements All submissions to Commerce must be filed electronically via Enforcement and Compliance’s Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS), unless an exception applies.11 An VerDate Sep<11>2014 17:01 Oct 24, 2023 Jkt 262001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\25OCN1.SGM 25OCN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Final - China === 88365Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Notices 1 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) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 Id. 3 See 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). 4 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated June 8, 2023 (Preliminary Scope Memorandum). 5 See Memorandum, ‘‘Final Scope Decision Memorandum,’’ dated August 22, 2023. 6 See Preliminary Determination. 7 Id. 8 See 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 less- than-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 VerDate Sep<11>2014 18:15 Dec 20, 2023 Jkt 262001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\21DEN1.SGM 21DEN1 khammond on DSKJM1Z7X2PROD with NOTICES 88366 Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Notices 9 See Memorandum, ‘‘Verification of Jiangu Jianghuai Engine Co., Ltd,’’ dated September 13, 2023. 10 See section 735(c)(5)(B) of the Act. 11 See 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. 12 See 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). 13 See Gas Powered Pressure Washers from the People’s Republic of China and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair- Value Investigations, 88 FR 4807, 4811 (January 25, 2023) (Initiation Notice). 14 See Preliminary Determination PDM at 18. 15 See, 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). 16 See 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 weighted- average 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 VerDate Sep<11>2014 18:15 Dec 20, 2023 Jkt 262001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\21DEN1.SGM 21DEN1 khammond on DSKJM1Z7X2PROD with NOTICES 88367Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Notices 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 VerDate Sep<11>2014 18:15 Dec 20, 2023 Jkt 262001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\21DEN1.SGM 21DEN1 khammond on DSKJM1Z7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === USITC Determination - Final (1) === 71885Federal Register / Vol. 88, No. 200 / Wednesday, October 18, 2023 / Notices 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 88 FR 59503 (August 29, 2023). 3 Commissioner Randolph J. Stayin not participating. 4 The Commission also finds that imports subject to Commerce’s affirmative critical circumstances determination are not likely to undermine seriously the remedial effect of the antidumping duty order on Vietnam. By order of the Commission. Issued: October 12, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–22941 Filed 10–17–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1598 (Final)] Gas Powered Pressure Washers From Vietnam Determinations On the basis of the record 1 developed in the subject investigation, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is materially injured by reason of imports of gas powered pressure washers from Vietnam, provided for in subheadings 8424.30.90 and 8424.90.90 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value (‘‘LTFV’’).2 3 4 Background The Commission instituted this investigation effective December 30, 2022, following receipt of a petitions filed with the Commission and Commerce by FNA Group, Inc., Pleasant Prairie, Wisconsin. The Commission scheduled the final phase of the investigation following notification of a preliminary determination by Commerce that imports of gas powered pressure washers from Vietnam were being sold at LTFV within the meaning of section 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigation and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on June 22, 2023 (88 FR 40865). The Commission conducted its hearing on August 24, 2023. All persons who requested the opportunity were permitted to participate. The Commission made this determination pursuant to § 735(b) of the Act (19 U.S.C. 1673d(b)). It completed and filed its determination in this investigation on October 13, 2023. The views of the Commission are contained in USITC Publication 5465 (October 2023), entitled Gas Powered Pressure Washers from Vietnam: Investigation No. 731–TA–1598 (Final). By order of the Commission. Issued: October 13, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–23008 Filed 10–17–23; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–1283] Importer of Controlled Substances Application: Fresenius Kabi USA, LLC AGENCY : Drug Enforcement Administration, Justice. ACTION : Notice of application. SUMMARY : Fresenius Kabi USA, LLC has applied to be registered as an importer of basic class(es) of controlled substance(s). Refer to SUPPLEMENTARY INFORMATION listed below for further drug information. DATES : Registered bulk manufacturers of the affected basic class(es), and applicants therefore, may submit electronic comments on or objections to the issuance of the proposed registration on or before November 17, 2023. Such persons may also file a written request for a hearing on the application on or before November 17, 2023. ADDRESSES : The Drug Enforcement Administration requires that all comments be submitted electronically through the Federal eRulemaking Portal, which provides the ability to type short comments directly into the comment field on the web page or attach a file for lengthier comments. Please go to https://www.regulations.gov and follow the online instructions at that site for submitting comments. Upon submission of your comment, you will receive a Comment Tracking Number. Please be aware that submitted comments are not instantaneously available for public view on https://www.regulations.gov. If you have received a Comment Tracking Number, your comment has been successfully submitted and there is no need to resubmit the same comment. All requests for a hearing must be sent to: (1) Drug Enforcement Administration, Attn: Hearing Clerk/OALJ, 8701 Morrissette Drive, Springfield, Virginia 22152; and (2) Drug Enforcement Administration, Attn: DEA Federal Register Representative/DPW, 8701 Morrissette Drive, Springfield, Virginia 22152. All requests for a hearing should also be sent to: Drug Enforcement Administration, Attn: Administrator, 8701 Morrissette Drive, Springfield, Virginia 22152. SUPPLEMENTARY INFORMATION : In accordance with 21 CFR 1301.34(a), this is notice that on, August 2, 2023, Fresenius Kabi USA, LLC, 3159 Staley Road, Grand Island, New York 14072– 2028, applied to be registered as an importer of the following basic class(es) of controlled substance(s): Controlled substance Drug code Schedule Remifentanil ............ 9739 II. The company plans to import the listed controlled substance(s) as the bulk active pharmaceutical ingredient in order to manufacture Food and Drug Administration-approved dosage forms. No other activity for this drug code is authorized for this registration. Approval of permit applications will occur only when the registrant’s business activity is consistent with what is authorized under 21 U.S.C. 952(a)(2). Authorization will not extend to the import of FDA-approved or non- approved finished dosage forms for commercial sale. Claude Redd, Acting Deputy Assistant Administrator. [FR Doc. 2023–22955 Filed 10–17–23; 8:45 am] BILLING CODE P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–1281] Bulk Manufacturer of Controlled Substances Application: Cayman Chemical Company AGENCY : Drug Enforcement Administration, Justice. ACTION : Notice of application. SUMMARY : Cayman Chemical Company has applied to be registered as a bulk manufacturer of basic class(es) of controlled substance(s). Refer to SUPPLEMENTARY INFORMATION listed below for further drug information. DATES : Registered bulk manufacturers of the affected basic class(es), and VerDate Sep<11>2014 18:01 Oct 17, 2023 Jkt 262001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\18OCN1.SGM 18OCN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === USITC Determination - Final (2) === 9177Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Notices 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 88 FR 88365 (December 21, 2023), 88 FR 88578 (December 22, 2023). 3 The Commission also finds that imports subject to Commerce’s affirmative critical circumstances determinations are not likely to undermine seriously the remedial effect of the antidumping or countervailing duty orders on gas powered pressure washes from China. 1. Focus Groups—To inform survey development, BOEM would conduct focus groups with recreationists in the study area. The recreationists would identify their preferred coastal- and marine-related recreation sites; why they choose their preferred sites; the differences they perceive between sites near existing energy infrastructure (in portions of the Upper Cook Inlet) to sites that are not near any energy infrastructure, and the recreational quality of those sites; what they like about their recreational experiences around Cook Inlet; what they do not like about the Cook Inlet sites they avoid; how offshore energy exploration and development activities may affect their recreation site choice and experience; and other related issues. 2. Cognitive Interviews—The findings of the focus groups would be used to develop a draft survey instrument. BOEM would then conduct 25 cognitive interviews to test and refine the survey. Specifically, the interviews would test if the survey is working as expected. Factors relevant to that determination include evaluating if questions are easily understood, how respondents formulate their answers, whether response categories are exhaustive and mutually exclusive, and other similar issues. 3. Onsite Intercept Surveys—BOEM expects the final survey would cover topics such as recreational destinations, frequency of use in the past 12 months, recreation trip-related expenditures, preferences for recreation site attributes, attitudes about and recreation behavioral responses to offshore energy exploration and development, and demographics. Surveys would be administered at a range of sites, including at some hub cities, smaller communities, public lands, visitor centers, seaports, airports, and marinas. Because the surveys would be administered between May and October, a potential respondent may be intercepted on more than one occasion. If a respondent clarifies that they have already taken the survey, they would not be asked to take it again. OMB Control Number: OMB Control Number 1010–NEW. Respondents/Affected Public: Participants in the focus groups and cognitive interviews would be members of the public who have engaged in coastal or marine recreation in the study area in the past year. Respondents to the surveys would be members of the public engaged in coastal or marine recreational activities in the study area. Members of the public would consist of a mixture of local, State, and out-of- State residents. Total Estimated Number of Annual Responses: 565: 40 focus group participants, 25 cognitive interview participants, and 500 completed surveys. The focus group questions would be semi-structured and open- ended. Survey questions would be primarily discrete choice and closed- ended with minimal open-ended questions. Estimated Completion Time per Response: 90 minutes per focus group participant, 45 minutes per cognitive interview participant, and 12 minutes per survey participant. (BOEM anticipates that the survey would comprise approximately 30 questions with each question taking about 20–30 seconds to complete on average.) Total Estimated Number of Annual Burden Hours: 60 hours for focus groups, 18.75 hours for cognitive interviews, and 100 hours for survey; total of 178.75 hours. Respondent’s Obligation: Voluntary. Frequency of Collection: One time. Total Estimated Annual Non-hour Burden Cost: There is no non-hour cost burden associated with this collection. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Karen Thundiyil, Chief, Office of Regulations, Bureau of Ocean Energy Management. [FR Doc. 2024–02694 Filed 2–8–24; 8:45 am] BILLING CODE 4340–98–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–684 and 731– TA–1597 (Final)] Gas Powered Pressure Washers From China Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is materially injured by reason of imports of gas powered pressure washers from China, provided for in subheadings 8424.30.90 and 8424.90.90 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value (‘‘LTFV’’) and subsidized by the government of China.2 3 Background The Commission instituted these investigations effective December 30, 2022, following receipt of petitions filed with the Commission and Commerce by FNA Group, Inc., Pleasant Prairie, Wisconsin. The Commission scheduled the final phase of the investigations following notification of preliminary determinations by Commerce that imports of gas powered pressure washers from Vietnam were being sold at LTFV within the meaning of section 733(b) of the Act (19 U.S.C. 1673b(b)) and that imports of gas powered pressure washers from China were being subsidized by the government of China within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on June 22, 2023 (88 FR 40865). The Commission conducted its hearing through written testimony and video conference on August 24, 2023. All persons who requested the opportunity were permitted to participate. The investigation schedules became staggered when Commerce did not postpone its final determination for the antidumping duty investigation regarding gas powered pressured washers from Vietnam, while it did postpone the final determinations for the antidumping and countervailing duty investigations regarding gas powered pressure washers from China. On October 13, 2023, the Commission issued a final affirmative determination in its antidumping duty investigation of gas powered pressure washers from Vietnam (88 FR 71885, October 18, 2023). Following notification of final determinations by Commerce that imports of gas powered pressure washers from China were being sold at LTFV within the meaning of section 735(a) of the Act (19 U.S.C. 1673d(a)) VerDate Sep<11>2014 17:20 Feb 08, 2024 Jkt 262001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM 09FEN1 ddrumheller on DSK120RN23PROD with NOTICES1 9178 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Notices and subsidized by the government of China within the meaning of section 705(a) of the Act (19 U.S.C. 1671d(a)), notice of the supplemental scheduling of the final phase of the Commission’s antidumping and countervailing duty investigations was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of January 2, 2024 (89 FR 90). The Commission made these determinations pursuant to §§ 705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)). It completed and filed its determinations in these investigations on February 5, 2024. The views of the Commission are contained in USITC Publication 5488 (February 2024), entitled Gas Powered Pressure Washers from China: Investigation Nos. 701–TA–684 and 731–TA–1597 (Final). By order of the Commission. Issued: February 5, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–02627 Filed 2–8–24; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE [OMB Number 1125–0018] Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision of a Previously Approved Collection; FOIAXpress/FOIA Public Access Link AGENCY : Executive Office for Immigration Review, Department of Justice. ACTION : 60-Day notice. SUMMARY : The Executive Office for Immigration Review (EOIR), Department of Justice (DOJ), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. DATES : Comments are encouraged and will be accepted for 60 days until April 9, 2024. FOR FURTHER INFORMATION CONTACT : If you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Raechel Horowitz, Chief, Immigration Law Division, Office of Policy, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 2500, Falls Church, VA 22041, telephone: (703) 305–0473, Raechel.Horowitz@ usdoj.gov. SUPPLEMENTARY INFORMATION : Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Bureau of Justice Statistics, including whether the information will have practical utility; —Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Abstract: This information collection is optional and voluntary. FOIAXpress is a software program that provides the EOIR Freedom of Information Act (FOIA) Program with a single, unified application for managing the entire lifecycle of FOIA requests and appeals. The Public Access Link (PAL) is a secure web-based application that provides an online platform for the public to file a FOIA request with EOIR. The PAL is integrated directly with FOIAXpress and offers a centralized location for EOIR to receive online FOIA requests, deliver responsive records, communicate with requesters, collect fees, if applicable, and provide access to released documents in a public reading room in accordance with agency proactive disclosure guidelines. EOIR has developed several changes to the PAL platform to improve the Agency’s FOIA request and response process and to reduce the burden on members of the public that submit FOIA requests to EOIR. These developments include the following substantive changes: modifying the request form to display only those data fields relevant to the type of FOIA request selected by the requestor; changing the date range field from voluntary to mandatory; prompting an individual that requests a Record of Proceeding (ROP) to provide on a voluntary basis the charging document date and a record subject’s alias, parents’ names, port and date of entry, and place and date of proceeding; and removing data fields that EOIR determined were no longer necessary for the Agency to fulfill a FOIA request. In addition, EOIR has identified the following non-substantive changes: modifying the appearance and formatting of the PAL request form; updating links to web pages and resources embedded throughout the form; revising existing form instructions for clarity; and reorganizing some data fields under different sections of the PAL form. EOIR intends these developments to reduce the public’s burden in completing the PAL form and to improve the Agency’s FOIA request and response process, and the public’s experience with that process. These enhancements include: assisting requestors in making the most appropriate selection for the type of FOIA request; enhancing the logical direction with which a requestor completes the form; and tailoring the information solicited from the requestor to generate more precise requests, thereby reducing processing time. Overview of This Information Collection 1. Type of Information Collection: Revision of a previously approved collection. 2. The Title of the Form/Collection: FOIAXpress/FOIA Public Access Link. 3. The agency form number, if any, and the applicable component of the Department sponsoring the collection: None. 4. Affected public who will be asked or required to respond, as well as the obligation to respond: Individuals and households. The obligation to respond is voluntary. 5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: It is estimated that 24,804 respondents will complete each form within approximately 3 minutes each. 6. An estimate of the total annual burden (in hours) associated with the collection: The estimated total annual burden hours for this collection is 1,240 annual burden hours. 7. An estimate of the total annual cost burden associated with the collection, if applicable: $0. VerDate Sep<11>2014 17:20 Feb 08, 2024 Jkt 262001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM 09FEN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Orders - AD/CVD - China === This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. Notices Federal Register 9834 Vol. 89, No. 29 Monday, February 12, 2024 DEPARTMENT OF AGRICULTURE Agricultural Marketing Service [Doc. No. AMS–TM–24–0001] Notice of Availability of the Draft Programmatic Environmental Assessment for AMS Resilient Food Systems Infrastructure Program AGENCY : Agricultural Marketing Service, USDA. ACTION : Notice of availability; request for public comments. SUMMARY : The Agricultural Marketing Service (AMS) announces that the Draft Programmatic Environmental Assessment (PEA) for the Resilient Food Systems Infrastructure (RFSI) Program is available for public review and comments. DATES : Comments must be received on or before March 13, 2024 to be assured consideration. ADDRESSES : Interested persons are invited to submit written comments concerning this notice. Comments may be submitted electronically by email: RFSI@usda.gov. Comments should reference the document number and the date and page number of this issue of the Federal Register. AMS will address comments received on the draft PEA in the final PEA. FOR FURTHER INFORMATION CONTACT : Lara Shockey, Natural Resource Specialist, Transportation and Marketing Program; Telephone: (304) 373–5875; email: lara.s.shockey@usda.gov. SUPPLEMENTARY INFORMATION : Background The Draft PEA analyzes and discloses the potential environmental impacts associated with the establishment of the Resilient Food Systems Infrastructure (RFSI) Program. The United States Department of Agriculture (USDA) Agriculture Marketing Service (AMS) has proposed to fund cooperative agreements to coordinate initiatives for non-meat and poultry food products in the middle of the supply chain. Funds will support expanded capacity for the aggregation, processing, manufacturing, storing, transporting, wholesaling, and distribution of locally and regionally produced food products, including specialty crops, dairy, grains for human consumption, aquaculture, and other food products, excluding meat and poultry. States will make subawards to support local and regional food and farm businesses and other entities. States will also provide supply chain and market development services. Through these efforts, the RFSI program aims to enhance market access for small and mid-size producers and food businesses, contributing to a more resilient and sustainable food system. The RFSI Program is authorized by section 1001 (b)(4) of the American Rescue Plan Act (ARPA) (Pub. L. 117– 2), which funds ‘‘loans and grants and other assistance to maintain and improve food and agricultural supply chain resiliency.’’ Recipients of funding from this proposed program would be allowed 48 months to complete work funded by the awards. The environmental impacts of funding projects to expand capacity for the aggregation, processing, manufacturing, storing, transporting, wholesaling, and distribution of locally and regionally produced, non-meat and poultry food products and provide supply chain and market development services have been considered in a manner consistent with the provisions of the National Environmental Policy Act (NEPA) of 1969, Public Law 91–190, 42 U.S.C. 4321–4347, as amended. A Draft PEA has been prepared, and based on this analysis, AMS has preliminarily determined there will not be a significant impact to the human environment. As a result, an Environmental Impact Statement (EIS) has not been initiated (40 CFR 1501.6). AMS intends for this PEA to create efficiencies by establishing a framework that can be used for ‘‘tiering,’’ where appropriate, to project-specific actions that require additional analysis. As decisions on specific applications are made, to the extent additional NEPA analysis is required, environmental review will be conducted to supplement the analysis set forth in this PEA. The Draft PEA is available for review online at the program website: https:// www.ams.usda.gov/services/grants/rfsi. Comments Invited Interested stakeholders are invited to submit comments on the Draft PEA, as specified in the ADDRESSES section of this Notice. The most helpful comments reference a specific recommendation for changing AMS’ proposed approach to assessing environmental impacts, explain the reason for any recommended change, and include supporting information. AMS will consider all comments received on or before the closing date. Melissa Bailey, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2024–02801 Filed 2–9–24; 8:45 am] BILLING CODE 3410–02–P 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 VerDate Sep<11>2014 21:06 Feb 09, 2024 Jkt 262001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\12FEN1.SGM 12FEN1 khammond on DSKJM1Z7X2PROD with NOTICES 9835Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Notices 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). 3 See ITC’s Letter, ‘‘Notification Letter: Investigation Nos. 701–TA–684 and 731–TA–1597 (Final),’’ dated February 5, 2024 (ITC Notification Letter). 4 Id. 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. 6 See AD Preliminary Determination. 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 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 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. 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 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: Exporter Producer Estimated weighted-average dumping margin (percent) Cash deposit rate adjusted for export offset(s) (percent) Jiangsu Jianghuai Engine Co., Ltd ......................... Jiangsu Jianghuai Engine Co., Ltd ........................ 274.37 263.83 Sumec Hardware and Tools Co., Ltd ..................... Sumec Hardware and Tools Co., Ltd .................... 179.88 169.34 Zhejiang Danau Machine Co., Ltd .......................... Zhejiang Danau Machine Co., Ltd ......................... 179.88 169.34 China-Wide Entity ................................................... ................................................................................. 274.37 263.83 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. VerDate Sep<11>2014 21:06 Feb 09, 2024 Jkt 262001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\12FEN1.SGM 12FEN1 khammond on DSKJM1Z7X2PROD with NOTICES 9836 Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Notices 7 See ITC Notification Letter. 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). 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. 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 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. 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. Company Subsidy rate (percent ad valorem) 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 Developing Co., Ltd .................................................................................. 206.57 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., Ltd ........................................................................................................... 206.57 Zhejiang Xinchang Bigyao Power Tool Co., Ltd ................................................................................................................. 206.57 Zhejiang Zhinanche Cleaning Equipment Co., Ltd ............................................................................................................. 206.57 All Others ............................................................................................................................................................................. 11.19 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, VerDate Sep<11>2014 21:06 Feb 09, 2024 Jkt 262001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\12FEN1.SGM 12FEN1 khammond on DSKJM1Z7X2PROD with NOTICES 9837Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Notices 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. 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. 15 See Procedural Guidance. 16 See Final Rule, 86 FR at 52335. 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 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 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. 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. 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 VerDate Sep<11>2014 21:06 Feb 09, 2024 Jkt 262001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\12FEN1.SGM 12FEN1 khammond on DSKJM1Z7X2PROD with NOTICES 9838 Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Notices 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 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XD701] Pacific Fishery Management Council; Public Meeting AGENCY : National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION : Notice of public meeting. SUMMARY : The Pacific Fishery Management Council’s (Pacific Council) Highly Migratory Species Advisory Subpanel (HMSAS) is holding an online meeting. DATES : The online meeting will be held Wednesday, February 28, 2024 through Friday, March 1, 2024. The meeting will start each day at 8 a.m., Pacific standard time and continue until business is completed on each day. ADDRESSES : This meeting will be held online. Specific meeting information, including directions on how to join the meeting and system requirements will be provided in the meeting announcement on the Pacific Council’s website (see www.pcouncil.org). You may send an email to Mr. Kris Kleinschmidt (kris.kleinschmidt@ noaa.gov) or contact him at (503) 820– 2412 for technical assistance. Council address: Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220–1384. FOR FURTHER INFORMATION CONTACT : Kit Dahl, Staff Officer, Pacific Council; telephone: (503) 820–2422. SUPPLEMENTARY INFORMATION : The purpose of this online meeting is for the HMSAS to discuss and prepare reports for agenda items on the Pacific Council’s March 5–11, 2024 meeting. Although non-emergency issues not contained in the meeting agenda may be discussed, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this document and any issues arising after publication of this document that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency. Special Accommodations Requests for sign language interpretation or other auxiliary aids should be directed to Mr. Kris Kleinschmidt (kris.kleinschmidt@ noaa.gov; (503) 820–2412) at least 10 days prior to the meeting date. Authority: 16 U.S.C. 1801 et seq. Dated: February 7, 2024. Rey Israel Marquez, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2024–02823 Filed 2–9–24; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XD702] Pacific Fishery Management Council; Public Meeting AGENCY : National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION : Notice of public meeting. SUMMARY : The Pacific Fishery Management Council’s (Pacific Council) Highly Migratory Species Management Team (HMSMT) is holding an online meeting. DATES : The online meeting will be held Wednesday, February 28, 2024 through Friday, March 1, 2024. The meeting will start each day at 8 a.m., Pacific standard time and continue until business is completed on each day. ADDRESSES : This meeting will be held online. Specific meeting information, including directions on how to join the meeting and system requirements will be provided in the meeting announcement on the Pacific Council’s website (see www.pcouncil.org). You may send an email to Mr. Kris Kleinschmidt (kris.kleinschmidt@ noaa.gov) or contact him at (503) 820– 2412 for technical assistance. Council address: Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220–1384. FOR FURTHER INFORMATION CONTACT : Kit Dahl, Staff Officer, Pacific Council; telephone: (503) 820–2422. SUPPLEMENTARY INFORMATION : The purpose of this online meeting is for the HMSMT to discuss and prepare reports for agenda items on the Pacific Council’s March 5–11, 2024, meeting. Although non-emergency issues not contained in the meeting agenda may be discussed, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this document and any issues arising after publication of this document that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency. Special Accommodations Requests for sign language interpretation or other auxiliary aids should be directed to Mr. Kris Kleinschmidt (kris.kleinschmidt@ noaa.gov; (503) 820–2412) at least 10 days prior to the meeting date. Authority:16 U.S.C. 1801 et seq. Dated: February 7, 2024. Rey Israel Marquez, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2024–02819 Filed 2–9–24; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XD720] Marine Mammals and Endangered Species AGENCY : National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION : Notice; issuance of permits and permit amendments. SUMMARY : Notice is hereby given that permits and permit amendments have been issued to the following entities under the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA), as applicable. ADDRESSES : The permits and related documents are available for review upon written request via email to NMFS.Pr1Comments@noaa.gov. VerDate Sep<11>2014 21:06 Feb 09, 2024 Jkt 262001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\12FEN1.SGM 12FEN1 khammond on DSKJM1Z7X2PROD with NOTICES