Notice2022-23135
Certain Freight Rail Couplers and Parts 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, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 205 (Tuesday, October 25, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 205 (Tuesday, October 25, 2022)]
[Notices]
[Pages 64440-64444]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23135]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-146]
Certain Freight Rail Couplers and Parts 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 18, 2022.
FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova, 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) 482-1280.
SUPPLEMENTARY INFORMATION:
The Petition
On September 28, 2022, the U.S. Department of Commerce (Commerce)
received a countervailing duty (CVD) petition concerning imports of
certain freight rail couplers and parts 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
[[Page 64441]]
petitioner).\1\ The Petition was accompanied by antidumping duty (AD)
petitions concerning imports of freight rail couplers from China and
Mexico.\2\
---------------------------------------------------------------------------
\1\ See Petitioner's Letter, ``Certain Freight Rail Couplers and
Parts Thereof from the People's Republic of China and the United
Mexican States: Petitions for the Imposition of Antidumping and
Countervailing Duties,'' dated September 28, 2022 (Petition). The
members of the Coalition of Freight Coupler Producers are McConway &
Torley LLC and the United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union.
\2\ Id.
---------------------------------------------------------------------------
Between September 30 and October 7, 2022, Commerce requested
supplemental information pertaining to certain aspects of the Petition
in separate supplemental questionnaires.\3\ On October 4, 6, and 11,
2022, the petitioner filed timely responses to these requests for
additional information.\4\
---------------------------------------------------------------------------
\3\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Certain Freight
Rail Couplers and Parts Thereof from the People's Republic of China
and Mexico: Supplemental Questions,'' dated September 30, 2022
(Commerce's First General Issues Supplemental); and ``Petition for
the Imposition of Countervailing Duties on Imports of Certain
Freight Rail Couplers and Parts Thereof from the People's Republic
of China: Supplemental Questions,'' dated October 3, 2022; see also
Memorandum, ``Phone Call with Counsel to the Petitioner,'' dated
October 7, 2022 (Commerce's Second General Issues Supplemental).
\4\ See Petitioner's Letters, ``Certain Freight Rail Couplers
and Parts Thereof from the People's Republic of China and the United
Mexican States: Response to Supplemental Questions for Volume I
Common Issues and Injury Petition,'' dated October 4, 2022 (First
General Issues Supplement); ``Certain Freight Rail Couplers and
Parts Thereof from the People's Republic of China: Petitioner's
Supplemental Questionnaire Response,'' dated October 6, 2022; and
``Certain Freight Rail Couplers and Parts Thereof from the People's
Republic of China and the United Mexican States: Response to Second
Supplemental Questions for Volume I Common Issues and Injury
Petition,'' dated October 11, 2022 (Second General Issues
Supplement).
---------------------------------------------------------------------------
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)(F) of the Act. Commerce also finds that the
petitioner demonstrated sufficient industry support with respect to the
initiation of the requested CVD investigation.\5\
---------------------------------------------------------------------------
\5\ See section on ``Determination of Industry Support for the
Petition,'' infra.
---------------------------------------------------------------------------
Period of Investigation
Because the Petition was filed on September 28, 2022, the period of
investigation is January 1, 2021, through December 31, 2021.\6\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are certain freight rail
couplers and parts thereof 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 September 30 and October 7, 2022, Commerce requested 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.\7\ On
October 4 and 11, 2022, 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.
---------------------------------------------------------------------------
\7\ See Commerce's First General Issues Supplemental at 3-4; see
also Commerce's Second General Issues Supplemental at 1-2.
\8\ See First General Issues Supplement at 1-3 and Exhibit I-
Supp-I; see also Second General Issues Supplement at 2 and Exhibit
I-Supp2-4.
---------------------------------------------------------------------------
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).\9\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information,\10\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit such comments by 5:00 p.m. Eastern Time
(ET) on November 7, 2022. Any rebuttal comments, which may include
factual information, must be filed by 5:00 p.m. ET on November 17,
2022, which is ten calendar days from the initial comment deadline.
---------------------------------------------------------------------------
\9\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of the investigation be submitted during
this 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 such submissions must be filed
on the records of the concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's (E&C) Antidumping Duty and Countervailing
Duty Centralized Electronic Service System (ACCESS), unless an
exception applies.\11\ An electronically filed document must be
received successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\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 <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 Petition.\12\ The GOC
requested consultations,\13\ which were held via video conference on
October 17, 2022.\14\
---------------------------------------------------------------------------
\12\ See Commerce's Letter, Consultations with the GOC, dated
October 6, 2022.
\13\ See GOC's Letter, ``Request for Consultation to Discuss the
Countervailing Duty Investigation Petition,'' dated October 11,
2022.
\14\ See Memorandum, ``Consultations with Officials from the
Government of the People's Republic of China (China),'' dated
October 17, 2022.
---------------------------------------------------------------------------
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
[[Page 64442]]
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 U.S. 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,\15\ 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.\16\
---------------------------------------------------------------------------
\15\ See section 771(10) of the Act.
\16\ 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.\17\ 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.\18\
---------------------------------------------------------------------------
\17\ See Petition at Volume I (17-21 and Exhibit I-19); see also
First General Issues Supplement at 8-9.
\18\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
CVD Investigation Initiation Checklist, ``Certain Freight Rail
Couplers and Parts Thereof from the People's Republic of China,''
dated concurrently with this notice (China CVD Initiation
Checklist), at Attachment II (Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions Covering Certain
Freight Rail Couplers and Parts Thereof from the People's Republic
of China and Mexico).
---------------------------------------------------------------------------
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 and compared this to the estimated total 2021 production
of the domestic like product for the entire U.S. industry.\19\ We
relied on data provided by the petitioner for purposes of measuring
industry support.\20\
---------------------------------------------------------------------------
\19\ See Petition at Volume I (4-5 and Exhibits I-5 and I-18);
see also First General Issues Supplement at 4-8 and Exhibits I-Supp-
2 and I-Supp-3.
\20\ See Petition at Volume I (4-5 and Exhibits I-5 and I-18);
see also First General Issues Supplement at 4-8 and Exhibits I-Supp-
2 and I-Supp-3.
---------------------------------------------------------------------------
Our review of the data provided in the Petition, the First General
Issues Supplement, the Second General Issues Supplement, and other
information readily available to Commerce indicates that the petitioner
has established industry support for the Petition.\21\ 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).\22\ 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.\23\ 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.\24\
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.\25\
---------------------------------------------------------------------------
\21\ See Petition at Volume I (3-5 and Exhibits I-1 through I-3,
I-5, and I-18); see also First General Issues Supplement at 4-8 and
Exhibits I-Supp-2 through I-Supp-4. For further discussion, see
Attachment II of the China CVD Initiation Checklist.
\22\ See China CVD Initiation Checklist at Attachment II; see
also section 702(c)(4)(D) of the Act.
\23\ See China CVD Initiation Checklist at Attachment II.
\24\ Id.
\25\ 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
benefiting from countervailable subsidies and that such imports are
causing, or 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.\26\
---------------------------------------------------------------------------
\26\ See Petition at Volume I (34 and Exhibit I-34).
---------------------------------------------------------------------------
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.\27\ 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.\28\
---------------------------------------------------------------------------
\27\ See Petition at Volume I (16-17, 24-57, and Exhibits I-3,
I-4, I-15 through I-18, and I-21 through I-63); see also First
General Issues Supplement at 9-12 and Exhibits I-Supp-5 through I-
Supp-7.
\28\ 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 Couplers and Parts thereof from the
People's Republic of China and Mexico).
---------------------------------------------------------------------------
Initiation of CVD Investigation
Based upon our examination of the Petition and supplemental
responses,
[[Page 64443]]
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 all 33 of the alleged programs. Additionally, we
find that there is sufficient information to initiate on the allegation
pertaining to the uncreditworthiness of CRRC Corporation Limited (CRRC)
and will conduct the appropriate 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 the 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 twelve companies in China as producers and/or
exporters of freight rail couplers.\29\ 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. Because there are twelve producers and/or exporters
identified in the Petition, Commerce intends instead to issue Q&V
questionnaires to each potential respondent for which the petitioner
has provided a complete address.
---------------------------------------------------------------------------
\29\ See Petition at Volume I (13 and Exhibit I-10).
---------------------------------------------------------------------------
In addition, Commerce will post the Q&V questionnaire along with
filing instructions on E&C's website at <a href="https://access.trade.gov/resources/questionnaires/questionnaires-ad.html">https://access.trade.gov/resources/questionnaires/questionnaires-ad.html</a>. 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. In the event Commerce
decides to limit the number of respondents individually investigated,
Commerce intends to base respondent selection on the responses to the
Q&V questionnaire that it receives.
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 1, 2022, which is two weeks from the signature date of this
notice. 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="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</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 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.\30\ A negative ITC determination will result in the
investigation being terminated.\31\ Otherwise, this investigation will
proceed according to statutory and regulatory time limits.
---------------------------------------------------------------------------
\30\ See section 703(a)(1) of the Act.
\31\ 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) through (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 \32\ 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.\33\ 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.
---------------------------------------------------------------------------
\32\ See 19 CFR 351.301(b).
\33\ 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.\34\ 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
[[Page 64444]]
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.\35\
---------------------------------------------------------------------------
\34\ See 19 CFR 351.302.
\35\ 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="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://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.\36\
Parties must use the certification formats provided in 19 CFR
351.303(g).\37\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
---------------------------------------------------------------------------
\36\ See section 782(b) of the Act.
\37\ 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="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://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
APO 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)) (e.g., by filing the
required letter of appearance).\38\ Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\39\
---------------------------------------------------------------------------
\38\ See Antidumping and Countervailing Duty Proceedings:
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January
22, 2008).
\39\ 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 18, 2022.
Lisa W. Wang,
Assistant Secretary, for Enforcement and Compliance.
Appendix
Scope of the Investigation
The scope of this investigation covers certain freight railcar
couplers (also known as ``fits'' or ``assemblies'') and parts
thereof. Freight railcar couplers are composed of two main parts,
namely knuckles and coupler bodies but may also include other items
(e.g., coupler locks, lock lift assemblies, knuckle pins, knuckle
throwers, and rotors). The parts of couplers that are covered by the
investigation include: (1) E coupler bodies, (2) E/F coupler bodies,
(3) F coupler bodies, (4) E knuckles, and (5) F knuckles, as set
forth by the Association of American Railroads (AAR). The freight
rail coupler parts (i.e., knuckles and coupler bodies) are included
within the scope of this investigation when imported separately.
Coupler locks, lock lift assemblies, knuckle pins, knuckle throwers,
and rotors are covered merchandise when imported in an assembly but
are not covered by the scope when imported separately.
Subject freight railcar couplers and parts are included within
the scope whether finished or unfinished, whether imported
individually or with other subject or nonsubject parts, whether
assembled or unassembled, whether mounted or unmounted, or if joined
with nonsubject merchandise, such as other nonsubject parts or a
completed railcar. Finishing includes, but is not limited to, arc
washing, welding, grinding, shot blasting, heat treatment,
machining, and assembly of various parts. When a subject coupler or
subject parts are mounted on or to other nonsubject merchandise,
such as a railcar, only the coupler or subject parts 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'' and/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 couplers and parts thereof,
whether fully assembled, unfinished or finished, or attached to a
railcar, is the country where the subject coupler parts were cast or
forged. Subject merchandise includes coupler parts as defined above
that have been further processed or further assembled, including
those coupler parts attached to a railcar 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 parts. The inclusion,
attachment, joining, or assembly of nonsubject parts with subject
parts or couplers either in the country of manufacture of the in-
scope product or in a third country does not remove the subject
parts or couplers from the scope.
The couplers 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 railcars 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.
Subject merchandise may also be imported under HTSUS statistical
reporting number 7325.99.5000. These HTSUS subheadings are provided
for convenience and customs purposes only; the written description
of the scope of this investigation is dispositive.
[FR Doc. 2022-23135 Filed 10-24-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on October 25, 2022.
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.