New Trade Case on Imports of Gas-Powered Pressure Washers from China and Vietnam

New U.S. antidumping (“AD”) duty petitions were deemed filed on Dec. 30, 2022, by the FNA Group, Inc. against imports of gas-powered pressure washers (“GPPW”) from China and Vietnam. The petitions also seek the imposition of a countervailing duty (“CVD”) on imports from China.

The merchandise covered by these petitions consists of cold water gas-powered pressure washers (also commonly known as power washers). GPPW are machines that clean surfaces using water pressure. They are powered by an internal combustion engine, air-cooled with a power take-off shaft, in combination with a positive displacement pump. Please see the scope section below for a full description of the proposed subject merchandise.

The Department of Commerce (“DOC”) and the International Trade Commission (“ITC”) will conduct the investigations. Within the next 45 days, the ITC will determine if there is a reasonable indication that the imports are injuring or threatening to injure the U.S. industry. If the ITC finds that this standard is met, the cases will move to the DOC, which will calculate the preliminary AD and CVD duty margins.

The DOC’s preliminary determinations are currently expected by March 27, 2023 (CVD) and June 8, 2023 (AD). On the date of publication of DOC’s preliminary determinations, importers will be required to deposit the calculated duties upon the products’ entry into the U.S. market.

There are strict statutory deadlines associated with these proceedings and affected companies are advised to prepare as soon as possible. If this product is of interest to you, please let us know so that we can provide you with additional information as it becomes available. A schedule of approximate key dates can be found here.

The following are key facts about this trade case:

Petitioner: FNA Group, Inc.

Foreign Producers/Exporters and US Importers: Please contact us for a listing of individual companies named in the petition.

AD/CVD margins: Petitioner alleged the following AD/CVD margins:

• China: calculated dumping margins between 136.70 to 242.34 percent, ad valorem;
• China: countervailing duty margins above de minimis; and
• Vietnam: calculated dumping margins between 103.28 and 209.22 percent, ad valorem.

Merchandise covered by the scope of the case:

The products within the scope of these petitions are cold GPPW (also commonly known as power washers). GPPW 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 GPPW, 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 GPPW, 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 GPPW 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 GPPW 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 GPPW from the scope. A cold water GPPW is within the scope of this investigation regardless of the origin of its engine. Subject merchandise also includes finished and unfinished cold water GPPW 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 GPPW.

Cold water GPPW are easily distinguishable from hot water gas-powered pressure washers and have different physical characteristics. While a hot water pressure washer also includes an engine and a pump, it must also include a boiler to heat the water as it leaves the pump. The boiler also includes a heating coil. The boiler needs a separate energy source such as natural gas, butane, propane, kerosene, or diesel fuel. In addition, it needs a burner system to ignite the boiler. Hot water pressure washers are generally larger in size than cold water GPPW due to the need for the boiler. The scope does not include hot water gas-powered pressure washers.

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 225 cc, and Parts Thereof from the People’s Republic of China: Antidumping and Countervailing Duty Orders, 86 FR 023675 (May 4, 2021).

The cold water GPPW 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 of the investigation is dispositive.

If you have any questions regarding the content of this alert, please contact Mark Ludwikowski (mludwikowski@clarkhill.com; 202-640-6680), Kevin Williams (kwilliams@clarkhill.com; 312-985-5907), Will Sjoberg (wsjoberg@clarkhill.com; 202-772-0924), Aristeo Lopez (alopez@clarkhill.com; 202-552-2366), Kelsey Christensen (kchristensen@clarkhill.com; 202-640-6670), Sally Alghazali (salghazali@clarkhill.com; 202-572-8676), or another member of Clark Hill’s International Trade Business Unit.