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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Indexed from Federal Register on February 16, 2023.

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.