Notice2021-23232
Freight Rail Coupler Systems and Certain Components Thereof From the People's Republic of China: Initiation of Countervailing Duty Investigation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 25, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 203 (Monday, October 25, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Pages 58878-58883]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23232]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-144]
Freight Rail Coupler Systems and Certain Components Thereof 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 19, 2021.
FOR FURTHER INFORMATION CONTACT: Whitley Herndon, 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) 482-6274.
SUPPLEMENTARY INFORMATION:
The Petition
On September 29, 2021, the U.S. Department of Commerce (Commerce)
received a countervailing duty (CVD) petition concerning imports of
freight rail coupler systems and certain components thereof (freight
rail couplers) from the People's Republic of China (China) filed in
proper form on behalf of the Coalition of Freight Coupler Producers
(the petitioner).\1\ On October 6, 2021, the petitioner filed an
amendment to the Petition, clarifying the identity of the members of
the Coalition of Freight Coupler Producers, the members of which are,
or represent, domestic producers of freight rail couplers.\2\ The
Petition was
[[Page 58879]]
accompanied by an antidumping duty (AD) petition concerning freight
rail couplers from China.\3\
---------------------------------------------------------------------------
\1\ See Petitioner's Letter, ``Certain Freight Rail Coupler
Systems and Components Thereof from the People's Republic of China:
Petitions for the Imposition of Antidumping and Countervailing
Duties,'' dated September 29, 2021 (the Petition).
\2\ See Petitioner's Letters, ``Amended Entry of Appearance: C-
570-144,'' dated October 6, 2021 (Amended EOA); and ``Freight Rail
Coupler Systems and Certain Components Thereof from the People's
Republic of China: Response to First Supplemental Questions for on
Volume I General Issues and Injury Petition,'' dated October 6, 2021
(First General Issues Supplement). The petitioner notes that, per
the Amended EOA, the members of the Coalition of Freight Coupler
Producers are: McConway & Torley, LLC and the United Steel, Paper &
Forestry, Rubber, Manufacturing, Energy, Allied Industrial and
Service Worker International Union, AFL-CIO, CLC (the USW). The
petitioner further notes that Amsted Rail Company, Inc. (Amsted) is
no longer a member of the petitioning coalition and that the USW
represents the workers at Amsted's Granite, IL facility. See First
General Issues Supplement at 8.
\3\ See the Petition.
---------------------------------------------------------------------------
On October 1, 4, 8, and 15, 2021, Commerce requested supplemental
information pertaining to certain aspects of the Petition.\4\ On
October 6, 7, 12, and 18, 2021, the petitioner filed timely responses
to these requests for additional information.\5\
---------------------------------------------------------------------------
\4\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Certain Freight
Rail Coupler Systems and Components Thereof from the People's
Republic of China: Supplemental Questions,'' dated October 4, 2021
(General Issues Supplemental); ``Petition for the Imposition of
Antidumping Duties on Imports of Certain Freight Rail Coupler
Systems and Components Thereof from the People's Republic of China:
Supplemental Questions,'' dated October 4, 2021; Memorandum,
``Petitions for the Imposition of Antidumping and Countervailing
Duties on Imports of Certain Freight Rail Coupler Systems and
Components Thereof from the People's Republic of China: Phone Call
with Counsel to the Petitioner,'' dated October 4, 2021 (October 4,
2021, Phone Call Memorandum); Memorandum, ``Petitions for the
Imposition of Antidumping and Countervailing Duties on Imports of
Certain Freight Rail Coupler Systems and Components Thereof from the
People's Republic of China: Phone Call with Counsel to the
Petitioner,'' dated October 8, 2021 (October 8, 2021, Phone Call
Memorandum); and Memorandum, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Certain Freight
Rail Coupler Systems and Components Thereof from the People's
Republic of China: Phone Call with Counsel to the Petitioner,''
dated October 15, 2021 (October 15, 2021, Phone Call Memorandum).
\5\ See Petitioner's Letters, ``Freight Rail Coupler Systems and
Components Thereof from the People's Republic of China: Responses to
Supplemental Questions for on Volume I General Issues and Injury
Petition,'' dated October 6, 2021 (First General Issues Supplement);
see also Petitioner's Letter, ``Freight Rail Car Coupler Systems and
Certain Components Thereof from the People's Republic of China:
Response to Supplemental Questions on Volume III China
Countervailing Duty Petition--Questions 9 and 11,'' dated October 7,
2021; ``Freight Rail Car Coupler Systems and Certain Components
Thereof from the People's Republic of China: Response to Second
Supplemental Questions on Volume I General Issues and Injury
Petition,'' dated October 12, 2021 (Second General Issues
Supplement); and ``Freight Rail Car Coupler Systems and Certain
Components Thereof from the People's Republic of China: Response to
Third Supplemental Questions on Volume I General Issues and Injury
Petition,'' dated October 18, 2021 (Scope Clarification).
---------------------------------------------------------------------------
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 freight rail
couplers in China and that such imports are materially injuring, or
threatening material injury to, the domestic industry producing 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)(E) of the Act. Commerce also finds that the
petitioner demonstrated sufficient industry support with respect to the
initiation of the requested CVD investigation.\6\
---------------------------------------------------------------------------
\6\ See ``Determination of Industry Support for the Petition''
section, infra.
---------------------------------------------------------------------------
Period of Investigation
Because the Petition was filed on September 29, 2021, the period of
investigation is January 1, 2020, through December 31, 2020.\7\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------
Scope of the Investigation
The merchandise covered by this investigation is freight rail
couplers 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 1, 4, 8, and 15, 2021, Commerce requested further
information 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.\8\ On
October 6, 12, and 18, 2021, the petitioner revised the scope.\9\ The
description of the merchandise covered by this investigation, as
described in the appendix to this notice, reflects these
clarifications. In its October 18, 2021, submission, the petitioner
provided additional explanation of the language in the scope of the
investigation pertaining to the inclusion of freight rail couplers
imported as part of a rail car (``{w{time} hen mounted on or to other
non-subject merchandise, such as a rail car, only the complete coupler
system is covered by the scope''), including freight rail couplers
attached to rail cars in, and imported from, third countries
(``{s{time} ubject merchandise includes coupler components as defined
above that have been further processed or further assembled, including
those coupler components attached to a rail car in third
countries.'').\10\ While Commerce has adopted this provision for
purposes of initiation, we invite parties to this proceeding to comment
on this provision along with their scope comments (as detailed below).
---------------------------------------------------------------------------
\8\ See First General Issues Supplement Questionnaire; see also
October 4, 2021, Phone Call Memorandum; October 8, 2021, Phone Call
Memorandum; and October 15, 2021, Phone Call Memorandum.
\9\ See First General Issues Supplement at 1-7 and Exhibit I-
Supp-1; see also Second General Issues Supplement at 1-4 and Exhibit
I-2Supp-1; and Scope Clarification at Exhibit I-3Supp-1.
\10\ See Scope Clarification.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\11\ Commerce will consider all 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.\12\ To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit scope comments by 5:00 p.m. Eastern Time
(ET) on November 8, 2021, which is 20 calendar days from the signature
date of this notice.\13\ Any rebuttal comments, which may include
factual information, must be filed by 5:00 p.m. ET on November 18,
2021, which is 10 calendar days from the initial comment deadline.\14\
---------------------------------------------------------------------------
\11\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble).
\12\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\13\ See 19 CFR 351.303(b).
\14\ Commerce's practice dictates that where a deadline falls on
a weekend or Federal holiday, the appropriate deadline is the next
business day. See Notice of Clarification: Application of ``Next
Business Day'' Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10,
2005); see also 19 CFR 351.303(b).
---------------------------------------------------------------------------
Commerce requests that any factual information that the parties
consider relevant to the scope of the investigation be submitted during
this time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party may contact Commerce and
request permission to submit the additional information. All scope
comments must also be filed on the record of the concurrent AD and CVD
investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance (E&C)'s Antidumping Duty and Countervailing
Duty Centralized
[[Page 58880]]
Electronic Service System (ACCESS), unless an exception applies.\15\ An
electronically filed document must be received successfully in its
entirety by the time and date it is due.
---------------------------------------------------------------------------
\15\ 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 <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a handbook
can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
---------------------------------------------------------------------------
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOC of the receipt of the Petition and provided it the
opportunity for consultations with respect to the CVD Petition.\16\ The
GOC requested consultations,\17\ which were held via video conference
on October 18, 2021.\18\
---------------------------------------------------------------------------
\16\ See Commerce's Letter, ``Countervailing Duty Petition on
Certain Freight Rail Coupler Systems and Components Thereof from the
People's Republic of China,'' dated September 29, 2021.
\17\ See GOC's Letter, ``Certain Freight Rail Coupler Systems
and Components Thereof from the People's Republic of China: Request
for Consultation to Discuss the Countervailing Duty Investigation
Petition,'' dated October 11, 2021.
\18\ See Memorandum, ``Petitions for the Imposition of
Countervailing Duties on Imports of Certain Freight Rail Coupler
Systems and Components Thereof from the People's Republic of China:
Consultations with Officials from the Government of China,'' dated
October 18, 2021.
---------------------------------------------------------------------------
Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\19\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\20\
---------------------------------------------------------------------------
\19\ See section 771(10) of the Act.
\20\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation.\21\ Based on our analysis of the information
submitted on the record, we have determined that freight rail couplers,
as defined in the scope, constitute a single domestic like product, and
we have analyzed industry support in terms of that domestic like
product.\22\
---------------------------------------------------------------------------
\21\ See Petition at Volume I at 16-21 and Exhibits I-4, I-7,
and I-15; see also First General Issues Supplement at 10-11; and
Second General Issues Supplement at 6-7.
\22\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Countervailing Duty Investigation Initiation Checklist:
Certain Freight Rail Coupler Systems and Components Thereof from the
People's Republic of China,'' dated concurrently with this Federal
Register notice (China CVD Initiation Checklist) at Attachment II,
Analysis of Industry Support for the Antidumping and Countervailing
Duty Petitions Covering Certain Freight Rail Coupler Systems and
Components Thereof from the People's Republic of China (Attachment
II).
---------------------------------------------------------------------------
In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
own production of freight rail couplers in 2020.\23\ The petitioner
estimated production for the only other known producer of freight rail
couplers in the United States.\24\ The petitioner compared its
production to the estimated total 2020 production of the domestic like
product for the entire domestic industry.\25\ We relied on data
provided by the petitioner for purposes of measuring industry
support.\26\
---------------------------------------------------------------------------
\23\ See Petition at Volume I at 3-4; see also First General
Issues Supplement at 8-10 and Exhibit I-Supp-2; and Second General
Issues Supplement at 4-5.
\24\ See Petition at Volume I at 3-4 and Exhibit I-5; see also
First General Issues Supplement at 9-10 and Exhibit I-Supp-2; and
Second General Issues Supplement at 5 and Exhibit I-2Supp-2.
\25\ See Petition at Volume I at 3-4 and Exhibit I-5; see also
First General Issues Supplement at 8-10 and Exhibit I-Supp-2; and
Second General Issues Supplement at 5.
\26\ See Petition at Volume I at 2-4 and Exhibits I-3 through I-
5; see also First General Issues Supplement at 7-10 and Exhibits I-
Supp-2 and I-Supp-3; and Second General Issues Supplement at 4-5 and
Exhibit I-2Supp-2.
---------------------------------------------------------------------------
On October 7, 2021, we received comments on industry support from
Wabtec Corporation (Wabtec), a U.S. importer of freight rail
couplers.\27\ On October 8, 2021, the petitioner responded to the
comments from Wabtec.\28\ On October 12, 2021, we received additional
comments from Wabtec.\29\ On October 13, 2021, we received comments on
industry support from Strato, Inc. (Strato), a U.S. importer of freight
rail couplers.\30\ On October 14, 2021, the petitioner responded to the
comments from Strato and Wabtec.\31\
---------------------------------------------------------------------------
\27\ See Wabtec's Letter, ``Certain Freight Rail Coupler Systems
and Components Thereof from the People's Republic of China: Request
for Department to Deny the Petitions for Imposition of Duties Filed
by the Coalition of Freight Coupler Producers as Legally Infirm,''
dated October 7, 2021.
\28\ See Petitioner's Letter, ``Freight Rail Coupler Systems and
Certain Components Thereof from the People's Republic of China:
Response to Wabtec,'' dated October 8, 2021 (Petitioner Letter I).
\29\ See Wabtec's Letter, ``Certain Freight Rail Coupler Systems
and Components Thereof from the People's Republic of China: Reply in
Support of Request for Department to Deny the Petitions for
Imposition of Duties Filed by the Coalition of Freight Coupler
Producers,'' dated October 12, 2021.
\30\ See Strato's Letter, ``Strato Support for Rejecting
Petition: Antidumping & Countervailing Duty Investigation of Freight
Rail Coupler Systems and Components Thereof from the People's
Republic of China,'' dated October 13, 2021.
\31\ See Petitioner's Letter, ``Freight Rail Car Coupler Systems
and Certain Components Thereof from the People's Republic of China:
Response to Strato and Wabtec,'' dated October 14, 2021 (Petitioner
Letter II).
---------------------------------------------------------------------------
[[Page 58881]]
Our review of the data provided in the Petition, the First General
Issues Supplement, the Second General Issues Supplement, Petitioner
Letters I and II, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petition.\32\ First, the Petition established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\33\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
702(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petition account for at least 25 percent of the total
production of the domestic like product.\34\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 702(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petition account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petition.\35\ Accordingly, Commerce determines that the Petition
was filed on behalf of the domestic industry within the meaning of
section 702(b)(1) of the Act.\36\
---------------------------------------------------------------------------
\32\ See China CVD Initiation Checklist at Attachment II.
\33\ Id.; see also section 702(c)(4)(D) of the Act.
\34\ See China CVD Initiation Checklist at Attachment II.
\35\ Id.
\36\ Id.
---------------------------------------------------------------------------
Injury Test
Because China is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from China materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports
threaten to cause material injury to the U.S. industry producing the
domestic like product. In addition, the petitioner alleges that subject
imports exceed the negligibility threshold provided for under section
771(24)(A) of the Act.\37\
---------------------------------------------------------------------------
\37\ See Petition at Volume I at 27 and Exhibit I-27.
---------------------------------------------------------------------------
The petitioner contends that the industry's injured condition is
illustrated by a significant volume of subject imports; reduced market
share; underselling and price depression and/or suppression; lost sales
and revenues; declines in production, U.S. shipments, and capacity
utilization; decline in employment; and decline in financial
performance.\38\ We assessed the allegations and supporting evidence
regarding material injury, threat of material injury, causation, as
well as negligibility, and we have determined that these allegations
are properly supported by adequate evidence and meet the statutory
requirements for initiation.\39\
---------------------------------------------------------------------------
\38\ Id. at 14-16, 22-44 and Exhibits I-3 through I-5, I-11, I-
13, I-14, and I-17 through I-47; see also First General Issues
Supplement at 11-13 and Exhibit I-Supp-3.
\39\ See China CVD Initiation Checklist at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Certain Freight Rail Coupler Systems and Components Thereof
from the People's Republic of China.
---------------------------------------------------------------------------
Initiation of CVD Investigation
Based upon our examination of the Petition and supplemental
responses, we find that the Petition meets the requirements of section
702 of the Act. Therefore, we are initiating a CVD investigation to
determine whether imports of freight rail couplers from China benefit
from countervailable subsidies conferred by the GOC. Based on our
review of the Petition, we find that there is sufficient information to
initiate a CVD investigation on 33 of the 35 alleged programs.
Additionally, we find that there is sufficient information to initiate
on the allegation of the creditworthiness of CRRC Corporation Limited
(CRRC) and will explore this allegation in the investigation should
CRRC be selected as a mandatory respondent. For a full discussion of
the basis for our decision to initiate on each program, see China CVD
Initiation Checklist. The initiation checklist for this investigation
is available on ACCESS. In accordance with section 703(b)(1) of the Act
and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determination no later than 65 days after the date of this
initiation.
Respondent Selection
The petitioner named eight companies in China as producers and/or
exporters of freight rail couplers.\40\ Commerce intends to follow its
standard practice in CVD investigations and calculate company-specific
subsidy rates in this investigation. In the event that Commerce
determines that the number of companies is large and it cannot
individually examine each company based upon Commerce's resources,
where appropriate, Commerce intends to select mandatory respondents
based on quantity and value (Q&V) questionnaires issued to the
potential respondents. Commerce normally selects mandatory respondents
in CVD investigations using U.S. Customs and Border Protection (CBP)
entry data for U.S. imports under the appropriate Harmonized Tariff
Schedule of the United States (HTSUS) subheadings listed in the scope
of the investigation. However, for this investigation, one of the HTSUS
subheadings under which the subject merchandise would enter (i.e.,
8607.30.1000) is a basket category under which non-subject merchandise
may enter. Therefore, we cannot rely on CBP entry data in selecting
respondents. We intend instead to issue Q&V questionnaires to each
potential respondent for which the petitioner has provided a complete
address.
---------------------------------------------------------------------------
\40\ See Petition at Volume I at Exhibit I-10.
---------------------------------------------------------------------------
Producers/exporters of freight rail couplers from China that do not
receive Q&V questionnaires by mail may still submit a response to the
Q&V questionnaire and can obtain the Q&V questionnaire from E&C's
website at <a href="https://enforcement.trade.gov/questionnaires/questionnaires-ad.html">https://enforcement.trade.gov/questionnaires/questionnaires-ad.html</a>. Responses to the Q&V questionnaire must be submitted by the
relevant Chinese producers/exporters no later than 5:00 p.m. ET on
November 2, 2021. All Q&V responses must be filed electronically via
ACCESS. An electronically filed document must be received successfully,
in its entirety, by ACCESS no later than 5:00 p.m. ET on the deadline
noted above.
Interested parties must submit applications for disclosure under
Administrative Protective Order (APO) in accordance with 19 CFR
351.305(b). Instructions for filing such applications may be found on
E&C's website at <a href="http://enforcement.trade.gov/apo">http://enforcement.trade.gov/apo</a>. Commerce intends to
finalize its decisions regarding respondent selection within 20 days of
publication of this notice.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
[[Page 58882]]
of the Petition has been provided to the GOC via ACCESS. Furthermore,
to the extent practicable, Commerce will attempt to provide a copy of
the public version of the Petition to each exporter named in the
Petition, as provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of freight rail couplers from China are
materially injuring, or threatening material injury to, a U.S.
industry.\41\ A negative ITC determination will result in the
investigation being terminated.\42\ Otherwise, this investigation will
proceed according to statutory and regulatory time limits.
---------------------------------------------------------------------------
\41\ See section 703(a)(1) of the Act.
\42\ Id.
---------------------------------------------------------------------------
Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \43\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\44\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
---------------------------------------------------------------------------
\43\ See 19 CFR 351.301(b).
\44\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301.\45\ For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
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 a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; under limited circumstances we will
grant untimely-filed requests for the extension of time limits. Parties
should review Commerce's regulations concerning the extension of time
limits and the Time Limits Final Rule prior to submitting extension
requests or factual information in this investigation.\46\
---------------------------------------------------------------------------
\45\ See 19 CFR 351.302.
\46\ See 19 CFR 351; see also Extension of Time Limits; Final
Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final Rule),
available at <a href="http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
---------------------------------------------------------------------------
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\47\
Parties must use the certification formats provided in 19 CFR
351.303(g).\48\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
---------------------------------------------------------------------------
\47\ See section 782(b) of the Act.
\48\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
<a href="http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
---------------------------------------------------------------------------
Notification to Interested Parties
Interested parties must submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305.
Parties wishing to participate in this investigation should ensure that
they meet the requirements of document submission procedures (e.g., the
filing of letters of appearance as discussed at 19 CFR 351.103(d)).\49\
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information,
until further notice.\50\
---------------------------------------------------------------------------
\49\ See Antidumping and Countervailing Duty Proceedings:
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January
22, 2008).
\50\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
This notice is issued and published pursuant to sections 702 and
777(i) of the Act, and 19 CFR 351.203(c).
Dated: October 19, 2021.
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 Investigation
The scope of this investigation covers freight rail car coupler
systems and certain components thereof. Freight rail car coupler
systems are composed of, at minimum, four main components (knuckles,
coupler bodies, coupler yokes, and follower blocks, as specified
below) but may also include other items (e.g., coupler locks, lock
lift assemblies, knuckle pins, knuckle throwers, and rotors). The
components covered by the investigation include: (1) E coupler
bodies; (2) E/F coupler bodies; (3) F coupler bodies; (4) E yokes;
(5) F yokes; (6) E knuckles; (7) F knuckles; (8) E type follower
blocks; and (9) F type follower blocks, as set forth by the
Association of American Railroads (AAR). The freight rail coupler
components are included within the scope of the investigation when
imported individually, or in some combination thereof, such as in
the form of a coupler fit (a coupler body and knuckle assembled
together), independent from a coupler system.
Subject freight rail car coupler systems and components are
included within the scope whether finished or unfinished, whether
imported individually or with other subject or non-subject
components, whether assembled or unassembled, whether mounted or
unmounted, or if joined with non-subject merchandise, such as other
non-subject system parts or a completed rail car. Finishing
includes, but is not limited to, arc washing, welding, grinding,
shot blasting, heat treatment, machining, and assembly of various
components. When a subject coupler system or subject components are
mounted on or to other non-subject merchandise, such as a rail car,
only the coupler system or subject components are covered by the
scope.
The finished products covered by the scope of this investigation
meet or exceed the AAR specifications of M-211, ``Foundry and
Product Approval Requirements for the Manufacture of Couplers,
Coupler Yokes, Knuckles, Follower Blocks, and Coupler Parts'' or AAR
M-215 ``Coupling Systems,'' or other equivalent domestic or
international standards (including any revisions to the
standard(s)).
The country of origin for subject coupler systems and
components, whether fully
[[Page 58883]]
assembled, unfinished or finished, or attached to a rail car, is the
country where the subject coupler components were cast or forged.
Subject merchandise includes coupler components as defined above
that have been further processed or further assembled, including
those coupler components attached to a rail car in third countries.
Further processing includes, but is not limited to, arc washing,
welding, grinding, shot blasting, heat treatment, painting, coating,
priming, machining, and assembly of various components. The
inclusion, attachment, joining, or assembly of non-subject
components with subject components or coupler systems either in the
country of manufacture of the in-scope product or in a third country
does not remove the subject components or coupler systems from the
scope.
The coupler systems that are the subject of this investigation
are currently classifiable in the Harmonized Tariff Schedule of the
United States (HTSUS) statistical reporting number 8607.30.1000.
Unfinished subject merchandise may also enter under HTSUS
statistical reporting number 7326.90.8688. Subject merchandise
attached to finished rail cars may also enter under HTSUS
statistical reporting numbers 8606.10.0000, 8606.30.0000,
8606.91.0000, 8606.92.0000, 8606.99.0130, 8606.99.0160, or under
subheading 9803.00.5000 if imported as an Instrument of
International Traffic. These HTSUS subheadings are provided for
convenience and customs purposes only; the written description of
the scope of the investigation is dispositive.
[FR Doc. 2021-23232 Filed 10-22-21; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on October 25, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.