Notice2025-06144
Certain Freight Rail Couplers and Parts Thereof From the People's Republic of China: Rescission of Countervailing Duty Administrative Review; 2023
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
April 10, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is rescinding the administrative review of the countervailing duty (CVD) order on certain freight rail couplers and parts thereof (freight rail couplers) from the People's Republic of China (China). The period of review (POR) is March 3, 2023, through December 31, 2023.
Full Text
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<title>Federal Register, Volume 90 Issue 68 (Thursday, April 10, 2025)</title>
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[Federal Register Volume 90, Number 68 (Thursday, April 10, 2025)]
[Notices]
[Pages 15358-15359]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06144]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-146]
Certain Freight Rail Couplers and Parts Thereof From the People's
Republic of China: Rescission of Countervailing Duty Administrative
Review; 2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding the
administrative review of the countervailing duty (CVD) order on certain
freight rail couplers and parts thereof (freight rail couplers) from
the People's Republic of China (China). The period of review (POR) is
March 3, 2023, through December 31, 2023.
DATES: Applicable April 10, 2025.
[[Page 15359]]
FOR FURTHER INFORMATION CONTACT: Whitley Herndon, AD/CVD Operations,
Office IX, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: 202-482-6274.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2024, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the CVD
order on freight rail couplers from China.\1\ Commerce received a
timely request for review of the CVD order from the Coalition of
Freight Coupler Producers (the petitioner) for certain producers/
exporters of subject merchandise.\2\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 89 FR 54437 (July 1,
2024).
\2\ See Petitioner's Letter, ``Request for Administrative
Review,'' dated July 24, 2024.
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On August 10, 2024, Commerce published the initiation notice in the
Federal Register for thirteen companies, in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act).\3\ On September
23, 2024, we notified interested parties that information from U.S.
Customs and Border Protection (CBP) indicated that there were no POR
entries of the subject merchandise.\4\ On September 30, 2024, the
petitioner submitted comments on the lack of entries in the CBP data,
stating that there may be entries of subject merchandise that entered
as a product other than an entry for consumption (such as entries of
subject merchandise that entered mounted to railcars), or under
harmonized tariff schedule subheadings listed in the scope of the CVD
order.\5\ On January 8, 2025, we referred the petitioner's concerns to
CBP for further investigation.\6\ We did not receive any additional
comments in this administrative review.
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\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 66035 (August 10, 2024).
\4\ See Memorandum, ``Release of Customs Entry Data from U.S.
Customs and Border Protection (CBP),'' dated September 23, 2024.
\5\ See Petitioner's Letter, ``Comments on CBP Release of
Data,'' dated September 30, 2024.
\6\ See Commerce's Letter, ``Evasion Allegation Cover Letter,''
dated January 7, 2025.
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Rescission of Review
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of a CVD order where it concludes that
there were there are no entries of subject merchandise during the POR
for which liquidation is suspended.\7\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the CVD
rates calculated for the review period.\8\ Therefore, for an
administrative review to be conducted, there must be a reviewable,
suspended entry that Commerce can instruct CBP to liquidate at the
calculated CVD rates for the review period.\9\ As noted above, there
were no suspended entries of subject merchandise for any companies
subject to this review during the POR. Accordingly, in the absence of
reviewable, suspended entries of subject merchandise during the POR, we
are hereby rescinding this administrative review in its entirety, in
accordance with 19 CFR 351.213(d)(3).
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\7\ See, e.g., Welded Line Pipe from the Republic of Turkey:
Rescission of the Antidumping Duty Administrative Review; 2019-2020,
87 FR 27988 (May 10, 2022); see also, e.g., Certain Softwood Lumber
Products from Canada: Final Results and Final Rescission, in Part,
of the Countervailing Duty Administrative Review, 2020, 87 FR 48455
(August 9, 2022); and Certain Non-Refillable Steel Cylinders from
the People's Republic of China: Rescission of Countervailing Duty
Administrative Review; 2020-2021, 87 FR 64008 (October 21, 2022).
\8\ See 19 CFR 351.212(b)(2).
\9\ See 19 CFR 351.212(d)(3).
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Assessment
Commerce will instruct CBP to assess countervailing duties on all
appropriate entries. Countervailing duties shall be assessed at rates
equal to the cash deposit rate of estimated countervailing duties
required at the time of entry, or withdrawal from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce
intends to issue assessment instructions to CBP no earlier than 35 days
after the date of publication of this rescission notice in the Federal
Register.
Notification Regarding Administrative Protective Order
This notice serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return or destruction of
the APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with regulations and terms of an APO is a
violation, which is subject to sanction.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(l) of the Act, and 19 CFR 351.213(d)(4).
Dated: April 7, 2025.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2025-06144 Filed 4-9-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on April 10, 2025.
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