Notice2023-03283
Certain Freight Rail Couplers and Parts Thereof From Mexico: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation
Primary source
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Published
February 16, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 88 Issue 32 (Thursday, February 16, 2023)</title>
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[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Notices]
[Page 10092]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03283]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-857]
Certain Freight Rail Couplers and Parts Thereof From Mexico:
Postponement of Preliminary Determination in the Less-Than-Fair-Value
Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable February 16, 2023.
FOR FURTHER INFORMATION CONTACT: Jonathan Hall-Eastman or Samuel
Brummitt, 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) 482-1468
or (202) 482-7851, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 18, 2022, the U.S. Department of Commerce (Commerce)
initiated a less-than-fair-value (LTFV) investigation of imports of
certain freight rail couplers and parts thereof (freight rail couplers)
from Mexico.\1\ Currently, the preliminary determination is due no
later than March 7, 2023.
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\1\ See Certain Freight Rail Couplers and Parts Thereof from the
People's Republic of China and Mexico: Initiation of Less-Than-Fair-
Value Investigations, 87 FR 64444 October 25, 2022).
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Postponement of Preliminary Determination
Section 733(b)(l)(A) of the Tariff Act of 1930, as amended (the
Act) requires Commerce to issue the preliminary determination in a LTFV
investigation within 140 days after the date on which Commerce
initiated the investigation. However, if Commerce concludes that the
parties concerned in the investigation are cooperating and determines
that the investigation is extraordinarily complicated, sections
733(c)(1)(B)(i) and (ii) of the Act allow Commerce to postpone the
preliminary determination until no later than 190 days after the date
on which Commerce initiated the investigation.
Commerce has determined that the parties involved in the proceeding
are cooperating and that the investigation is extraordinarily
complicated.\2\ Specifically, Commerce requires additional time to
analyze the questionnaire responses and issue appropriate requests for
clarification and additional information, particularly regarding the
question of whether the respondent Amsted Rail Company, Inc. and its
affiliate, ASF-K de Mexico S. de R.L. de C.V., have a viable home
market. Therefore, in accordance with section 733(c)(1)(B) of the Act,
Commerce is postponing the due date for the preliminary determination
of this investigation by 50 days. As a result, Commerce will issue its
preliminary determination no later than April 26, 2023. Pursuant to
section 735(a)(l) of the Act and 19 CFR 351.210(b)(1), the deadline for
the final determination will continue to be 75 days after the date of
the preliminary determination, unless postponed at a later date.
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\2\ See section 733(c)(1)(B) of the Act.
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This notice is issued and published pursuant to section 733(c)(2)
of the Act and 19 CFR 351.205(f)(1).
Dated: February 10, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-03283 Filed 2-15-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 16, 2023.
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