Notice2023-05243
Certain Freight Rail Couplers and Parts Thereof From China and Mexico; Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations
Primary source
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Published
March 15, 2023
Issuing agencies
International Trade Commission
Abstract
The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-682 and 731-TA-1592-1593 (Final) pursuant to the Tariff Act of 1930 ("the Act") to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of certain freight rail couplers and parts thereof from China and Mexico, provided for in subheadings 8607.30.10 and 7326.90.86 of the Harmonized Tariff Schedule of the United States, for which imports of certain freight rail couplers and parts thereof from China have been preliminarily determined by the Department of Commerce ("Commerce") to be subsidized and sold at less-than-fair-value. Subject merchandise attached to finished rail cars may also be imported under HTSUS heading 8606, or under subheadings 9803.00 and 7325.99, if imported as an Instrument of International Traffic.
Full Text
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<title>Federal Register, Volume 88 Issue 50 (Wednesday, March 15, 2023)</title>
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[Federal Register Volume 88, Number 50 (Wednesday, March 15, 2023)]
[Notices]
[Pages 16031-16033]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05243]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-682 and 731-TA-1592-1593 (Final)]
Certain Freight Rail Couplers and Parts Thereof From China and
Mexico; Scheduling of the Final Phase of Countervailing Duty and Anti-
Dumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-682 and 731-TA-1592-1593 (Final) pursuant to the Tariff Act of
1930 (``the Act'') to determine whether an industry in the United
States is materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of certain freight rail couplers and
parts thereof from China and Mexico, provided for in subheadings
8607.30.10 and 7326.90.86 of the Harmonized Tariff Schedule of the
United States, for which imports of certain freight rail couplers and
parts thereof from China have been preliminarily determined by the
Department of Commerce (``Commerce'') to be subsidized and sold at
less-than-fair-value. Subject merchandise attached to finished rail
cars may also be imported under HTSUS heading 8606, or under
subheadings 9803.00 and 7325.99, if imported as an Instrument of
International Traffic.
DATES: March 3, 2023.
FOR FURTHER INFORMATION CONTACT: Ahdia Bavari ((202) 205-3191), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Scope.--As of the date of this notice, Commerce has defined the
scope of the merchandise subject to these investigations to cover
``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 the 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 non-
subject merchandise, such as other non-subject 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 non-
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subject 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.
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of Sec. 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in China of certain freight rail couplers and parts thereof,
and that such products are being sold in the United States at less than
fair value within the meaning of Sec. 733 of the Act (19 U.S.C.
1673b). Commerce's preliminary determination with respect to imports of
certain freight rail couplers and parts thereof from Mexico that are
alleged to be sold in the United States at less than fair value is
pending. The investigations were requested in petitions filed on
September 28, 2022, by McConway & Torley LLC, Pittsburgh, Pennsylvania,
and the United Steel, Paper and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service Workers International Union,
AFL[hyphen]CIO, CLC.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.)
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on May 4,
2023, and a public version will be issued thereafter, pursuant to Sec.
207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on May 18,
2023. Requests to appear at the hearing should be filed in writing with
the Secretary to the Commission on or before May 12, 2023. Any requests
to appear as a witness via videoconference must be included with your
request to appear. Requests to appear via videoconference must include
a statement explaining why the witness cannot appear in person; the
Chairman, or other person designated to conduct the investigation, may
in their discretion for good cause shown, grant such a request.
Requests to appear as remote witness due to illness or a positive
COVID-19 test result may be submitted by 3pm the business day prior to
the hearing. Further information about participation in the hearing
will be posted on the Commission's website at <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>.
A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the hearing. All parties and nonparties desiring to appear at the
hearing and make oral presentations should attend a prehearing
conference, if deemed necessary, to be held at 9:30 a.m. on May 15,
2023. Parties shall file and serve written testimony and presentation
slides in connection with their presentation at the hearing by no later
than 4:00pm on May 17, 2023. Oral testimony and written materials to be
submitted at the public hearing are governed by sections 201.6(b)(2),
201.13(f), and 207.24 of the Commission's rules. Parties must submit
any request to present a portion of their hearing testimony in camera
no later than 7 business days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is May 11, 2023. Parties shall also file
written testimony in connection with their presentation at the hearing,
and posthearing briefs, which must conform with the provisions of Sec.
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is May 25, 2023. In addition, any person who has not entered an
appearance as a party to the investigations may submit a written
statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before May 25, 2023. On June 8, 2023, the Commission
will make available to parties all information on which they have not
had an opportunity to
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comment. Parties may submit final comments on this information on or
before June 12, 2023, but such final comments must not contain new
factual information and must otherwise comply with Sec. 207.30 of the
Commission's rules. All written submissions must conform with the
provisions of Sec. 201.8 of the Commission's rules; any submissions
that contain BPI must also conform with the requirements of Sec. Sec.
201.6, 207.3, and 207.7 of the Commission's rules. The Commission's
Handbook on Filing Procedures, available on the Commission's website at
<a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>,
elaborates upon the Commission's procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
investigations must be served on all other parties to the
investigations (as identified by either the public or BPI service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: March 9, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-05243 Filed 3-14-23; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on March 15, 2023.
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