Notice2021-26642
Freight Rail Coupler Systems and Certain Components Thereof From the People's Republic of China: Postponement of Preliminary Determination in the 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
December 9, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 86 Issue 234 (Thursday, December 9, 2021)</title>
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[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Notices]
[Pages 70113-70114]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26642]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-144]
Freight Rail Coupler Systems and Certain Components Thereof From
the People's Republic of China: Postponement of Preliminary
Determination in the Countervailing Duty Investigation
AGENCY: Enforcement and Compliance International Trade Administration,
Department of Commerce.
DATES: Applicable December 9, 2021.
FOR FURTHER INFORMATION CONTACT: Whitley Herndon and Robert Scully, AD/
CVD Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6274 and (202) 482-0572,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 19, 2021, the Department of Commerce (Commerce)
initiated the countervailing duty (CVD) investigation of imports of
freight rail coupler systems and certain components thereof (freight
rail couplers) from the People's Republic of China (China).\1\
Currently, the preliminary determination is due no later than December
23, 2021.
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\1\ See Freight Rail Coupler Systems and Certain Components
Thereof from the People's Republic of China: Initiation of
Countervailing Duty Investigation, 86 FR 58878 (October 25, 2021).
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Postponement of Preliminary Determination
Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act),
requires Commerce to issue the preliminary determination in a CVD
investigation within 65 days after the date on which Commerce initiated
the investigation. However, section 703(c)(1) of the Act permits
Commerce to postpone the preliminary determination until no later than
130 days after the date on which Commerce initiated the investigation
if: (A) The petitioner makes a timely request for a postponement; or
(B) Commerce concludes that the parties concerned are cooperating, that
the investigation is extraordinarily complicated, and that additional
time is necessary to make a preliminary determination. Under 19 CFR
351.205(e), the petitioner must submit a request for postponement 25
days or more before the scheduled date of the preliminary determination
and must state the reason for the request.
[[Page 70114]]
Commerce will grant the request unless it finds compelling reasons to
deny the request.
On November 29, 2021, the petitioner \2\ in this investigation
submitted a timely request that Commerce postpone the preliminary CVD
determination.\3\ The petitioner stated that it is requesting a
postponement because additional time is needed to collect the necessary
information for determining the most accurate possible CVD rates.\4\
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\2\ The petitioner is the Coalition of Freight Coupler
Producers.
\3\ See Petitioner's Letter, ``Freight Rail Car Couplers Systems
and Certain Components Thereof from the People's Republic of China:
Request to Postpone Preliminary CVD Determination,'' dated November
29, 2021.
\4\ Id. at 2.
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In accordance with 19 CFR 351.205(e), the petitioner has stated the
reasons for requesting a postponement of the preliminary determination,
and Commerce finds no compelling reason to deny the request. Therefore,
in accordance with section 703(c)(1)(A) of the Act, Commerce is
postponing the deadline for the preliminary determination to no later
than 130 days after the date on which this investigation was initiated,
i.e., February 28, 2022.\5\ Pursuant to section 705(a)(1) of the Act
and 19 CFR 351.210(b)(1), the deadline for the final determination of
this investigation will continue to be 75 days after the date of the
preliminary determination.
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\5\ The preliminary determination deadline falls on February 26,
2022, which is a Saturday. 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).
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Notification to Interested Parties
This notice is issued and published pursuant to section 703(c)(2)
of the Act and 19 CFR 351.205(f)(1).
Dated: December 3, 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.
[FR Doc. 2021-26642 Filed 12-8-21; 8:45 am]
BILLING CODE 3510-DS-P
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