Notice2025-15633
Certain Freight Rail Couplers and Parts Thereof From the Czech Republic and India: Initiation of Less-Than-Fair-Value Investigations
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
August 18, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 90 Issue 157 (Monday, August 18, 2025)</title>
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[Federal Register Volume 90, Number 157 (Monday, August 18, 2025)]
[Notices]
[Pages 40059-40064]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15633]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-940, A-851-806]
Certain Freight Rail Couplers and Parts Thereof From the Czech
Republic and India: Initiation of Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable August 12, 2025.
FOR FURTHER INFORMATION CONTACT: Sofia Pedrelli and Andrew Hart (the
Czech Republic) at (202) 482-4310 and (202) 482-1058, respectively, and
Colin Thrasher and Eliza DeLong (India) at (202) 482-3004 and (202)
482-3878, respectively, AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On July 23, 2025, the U.S. Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of certain
freight rail couplers and parts thereof (freight rail couplers) from
the Czech Republic and India filed in proper form on behalf of the
Coalition of Freight Coupler Producers (the petitioner).\1\ The AD
Petitions were accompanied by a countervailing duty (CVD) petition
concerning imports of freight rail couplers from India.\2\
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\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duty Orders,'' dated July 23, 2025
(Petitions). The members of the Coalition of Freight Coupler
Producers are McConway and Torley, LLC (McConway and Torley), and
the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy,
Allied Industrial and Service Workers International Union (USW).
\2\ Id.
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[[Page 40060]]
Between July 28 and August 8, 2025, Commerce requested supplemental
information pertaining to certain aspects of the Petitions in
supplemental questionnaires.\3\ The petitioner responded to Commerce's
supplemental questionnaires between July 30 and August 11, 2025.\4\
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\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
July 28, 2025 (First General Issues Questionnaire); see also First
Country-Specific AD Supplemental Questionnaires: Czech Republic
Supplemental and India Supplemental, dated July 28, 2025;
``Supplemental Questions,'' dated August 4, 2025 (Second General
Issues Questionnaire); Second Country-Specific AD Supplemental
Questionnaires: Czech Republic Supplemental and India Supplemental,
dated August 4, 2025; and ``Supplemental Questions,'' dated August
8, 2025 (August 8, 2025, Supplemental Questionnaire).
\4\ See Petitioner's Letters, ``Response to Supplemental
Questions Regarding Volume I of the Petition,'' dated July 30, 2025
(First General Issues Supplement); see also First Country-Specific
AD Supplemental Responses: Czech Republic AD Supplement and India AD
Supplement, dated July 31, 2025; ``Response to Second Supplemental
Questions Regarding Volume I of the Petition,'' dated August 6, 2025
(Second General Issues Supplement); Second Country-Specific Second
AD Supplemental Responses: Second Czech Republic AD Supplement,
dated August 6, 2025, and Second India AD Supplement, dated August
7, 2025; and ``Response to Second Supplemental Questions Regarding
Volume IV of the Petition,'' dated August 11, 2025 (August 11, 2025,
Supplement).
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of freight rail
couplers from the Czech Republic and India are being, or are likely to
be, sold in the United States at less than fair value (LTFV) within the
meaning of section 731 of the Act, and that imports of such products
are materially injuring, or threatening material injury to, the freight
rail couplers industry in the United States. Consistent with section
732(b)(1) of the Act, the Petitions were accompanied by information
reasonably available to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(F) of the Act.\5\ Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested LTFV investigations.\6\
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\5\ The members of the Coalition (McConway and Torley and the
USW) are interested parties as defined under sections 771(9)(C) and
(D) of the Act, respectively.
\6\ See section on ``Determination of Industry Support for the
Petitions,'' infra.
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Periods of Investigation
Because the Petitions were filed on July 23, 2025, pursuant to 19
CFR 351.204(b)(1), the period of investigation (POI) for the Czech
Republic and India LTFV investigations is July 1, 2024, through June
30, 2025.
Scope of the Investigations
The products covered by these investigations are freight rail
couplers from the Czech Republic and India. For a full description of
the scope of these investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On August 4, 2025, Commerce requested information and clarification
from the petitioner regarding the proposed scope to ensure that the
scope language in the Petitions is an accurate reflection of the
products for which the domestic industry is seeking relief.\7\ On
August 6, 2025, the petitioner provided clarifications and revised the
scope.\8\ The description of the merchandise covered by these
investigations, as described in the appendix to this notice, reflects
these clarifications.
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\7\ See Second General Issues Supplemental Questionnaire.
\8\ See Second General Issues Supplement at 1-3 and Exhibits I-
Supp-1 through I-Supp-3.
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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 scope
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. Commerce requests that interested parties provide
at the beginning of their scope comments a public executive summary for
each comment or issue raised in their submission. Commerce further
requests that interested parties limit their public executive summary
of each comment or issue to no more than 450 words, not including
citations. Commerce intends to use the public executive summaries as
the basis of the comment summaries included in the analysis of scope
comments. To facilitate preparation of its questionnaires, Commerce
requests that scope comments be submitted by 5:00 p.m. Eastern Time
(ET) on September 2, 2025, which is the next business day after 20
calendar days from the signature date of this notice.\11\ Any rebuttal
comments, which may include factual information, and should also be
limited to public information, must be filed by 5:00 p.m. ET on
September 12, 2025, which is 10 calendar days from the initial comment
deadline.
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\9\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\11\ The deadline for scope comments falls on September 1, 2025,
which is a federal holiday. In accordance with 19 CFR 351.303(b)(1),
Commerce will accept scope comments filed by 5.00 p.m. ET on
September 2, 2025 (``For both electronically and manually filed
documents, if the applicable due date falls on a non-business day,
the Secretary will accept documents that are filed on the next
business day.'').
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Commerce requests that any factual information that parties
consider relevant to the scope of these investigations be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
LTFV and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\12\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\12\ 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>.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of freight rail couplers to
be reported in response to Commerce's AD questionnaires. This
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant cost of
production (COP) accurately, as well as to develop appropriate product
comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) general
[[Page 40061]]
product characteristics; and (2) product comparison criteria. We note
that it is not always appropriate to use all product characteristics as
product comparison criteria. We base product comparison criteria on
meaningful commercial differences among products. In other words,
although there may be some physical product characteristics utilized by
manufacturers to describe freight rail couplers, it may be that only a
select few product characteristics take into account commercially
meaningful physical characteristics. In addition, interested parties
may comment on the order in which the physical characteristics should
be used in matching products. Generally, Commerce attempts to list the
most important physical characteristics first and the least important
characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on September 2,
2025, which is the next business day after 20 calendar days from the
signature date of this notice.\13\ Any rebuttal comments must be filed
by 5:00 p.m. ET on September 12, 2025, which is 10 calendar days from
the initial comment deadline. All comments and submissions to Commerce
must be filed electronically using ACCESS, as explained above, on the
record of each of the LTFV investigations.
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\13\ The deadline for comments on product characteristics falls
on September 1, 2025, which is a federal holiday. In accordance with
19 CFR 351.303(b)(1), Commerce will accept scope comments filed by
5.00 p.m. ET on September 2, 2025 (``For both electronically and
manually filed documents, if the applicable due date falls on a non-
business day, the Secretary will accept documents that are filed on
the next business day.'').
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Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(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 petition. Moreover, section 732(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 apply the same statutory definition regarding the domestic like
product,\14\ 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.\15\
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\14\ See section 771(10) of the Act.
\15\ 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 Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
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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 investigations.\16\ 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.\17\
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\16\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Antidumping Duty Investigation Initiation
Checklists: Certain Freight Rail Couplers and Parts Thereof from the
Czech Republic and India,'' dated concurrently with, and hereby
adopted by, this notice (Country-Specific AD Initiation Checklists),
at Attachment II, Analysis of Industry Support for the Antidumping
and Countervailing Duty Petitions Covering Certain Freight Rail
Couplers and Parts Thereof from the Czech Republic and India
(Attachment II). These checklists are on file electronically via
ACCESS.
\17\ See Attachment II of the Country-Specific AD Initiation
Checklists.
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In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioner provided the
2024 production of the domestic like product for the U.S. producers
that support the Petitions and compared this to total production of the
domestic like product by the U.S. freight rail couplers industry.\18\
We relied on data provided by the petitioner for purposes of measuring
industry support.\19\
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\18\ Id.
\19\ For further discussion, see Attachment II of the Country-
Specific AD Initiation Checklists.
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Our review of the data provided in the Petitions, the First General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petitions.\20\ First, the Petitions 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).\21\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petitions account for at least 25 percent of the total
production of the domestic like product.\22\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petitions 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 Petitions.\23\ Accordingly, Commerce determines that the Petitions
were filed on behalf of the domestic industry
[[Page 40062]]
within the meaning of section 732(b)(1) of the Act.\24\
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\20\ Id.
\21\ Id.; see also section 732(c)(4)(D) of the Act.
\22\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\23\ Id.
\24\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\25\
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\25\ For further discussion, see Czech Republic and India AD
Initiation Checklists at Attachment III, Analysis of Allegations and
Evidence of Material Injury and Causation for the Antidumping Duty
Petition Covering Certain Freight Rail Couplers and Parts Thereof
from the Czech Republic and India.
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The petitioner contends that the industry's injured condition is
illustrated by the significant volume and market share of subject
imports; underselling and price depression and/or suppression; negative
impact on financial performance; declines in the domestic industry's
production, capacity utilization, and U.S. shipments; decrease in
production related workers, total hours worked, and wages; and lost
sales and revenues.\26\ We assessed the allegations and supporting
evidence regarding material injury, threat of material injury,
causation, cumulation, as well as negligibility, and we have determined
that these allegations are properly supported by adequate evidence, and
meet the statutory requirements for initiation.\27\
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\26\ Id.
\27\ Id.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate LTFV investigations
of imports of freight rail couplers from the Czech Republic and India.
The sources of data for the deductions and adjustments relating to U.S.
price and normal value (NV) are discussed in greater detail in the
Country-Specific AD Initiation Checklists.
U.S. Price
For the Czech Republic and India, the petitioner based export price
(EP) on pricing information for freight rail couplers produced in each
country and sold or offered for sale in the U.S. market during the
POI.\28\ The petitioner made certain adjustments to U.S. price to
calculate a net ex-factory U.S price, where applicable.\29\
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\28\ See Country-Specific AD Initiation Checklists.
\29\ Id.
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Normal Value <SUP>30</SUP>
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\30\ In accordance with section 773(b)(2) of the Act, for these
investigations, Commerce will request information necessary to
calculate the constructed value (CV) and COP to determine whether
there are reasonable grounds to believe or suspect that sales of the
foreign like product have been made at prices that represent less
than the COP of the product.
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For the Czech Republic and India, the petitioner stated that it was
unable to obtain home market or third-county pricing information for
freight rail couplers produced in the respective countries to use as
the basis for NV.\31\ Therefore, for both countries, the petitioner
calculated NV based on CV. For further discussion of CV, see the
section ``Normal Value Based on Constructed Value.''
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\31\ See Country-Specific AD Initiation Checklists.
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Normal Value Based on Constructed Value
As noted above for the Czech Republic and India, the petitioner
stated that it was unable to obtain home market or third-country prices
for freight rail couplers to use as a basis for NV. Therefore, for both
countries, the petitioner calculated NV based on CV.\32\
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\32\ Id.
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Pursuant to section 773(e) of the Act, the petitioner calculated CV
as the sum of the cost of manufacturing, selling, general, and
administrative (SG&A) expenses, financial expenses, and profit.\33\ In
calculating the cost of manufacturing, the petitioner relied on the
production experience and input consumption rates for a U.S. producer
of freight rail couplers, valued using publicly available information
applicable to the Czech Republic and India.\34\ For calculating SG&A
expenses, financial expenses, and profit ratios, the petitioner relied
on the financial statements of a producer of comparable or identical
merchandise domiciled in the respective countries.\35\
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\33\ Id.
\34\ Id.
\35\ Id.
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Fair Value Comparison
Based on the data provided by the petitioner, there is reason to
believe that imports of freight rail couplers from the Czech Republic
and India are being, or are likely to be, sold in the United States at
LTFV. Based on comparisons of EP to NV in accordance with sections 772
and 773 of the Act, the estimated dumping margins for freight rail
couplers for each of the countries covered by this initiation are as
follows: (1) the Czech Republic--119.96 percent; (2) India--7.86 to
71.01 percent.\36\
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\36\ Id.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating LTFV investigations to determine
whether imports of freight rail couplers from the Czech Republic and
India are being, or are likely to be, sold in the United States at
LTFV. In accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determination no later than 140 days after the date of this initiation.
Respondent Selection
Czech Republic
In the Petitions, the petitioner identified one company in the
Czech Republic (i.e., CKD Kutn[aacute] Hora a.s. (Kutna Hora)) as a
producer/exporter of freight rail couplers and provided independent
third-party information as support.\37\
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\37\ See Petitions at Volume I (page 11 and Exhibit I-11); see
also First General Issues Supplement at 1.
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We currently know of no additional producers/exporters of freight
rail couplers from the Czech Republic. Accordingly, Commerce intends to
individually examine the only known producer/exporter in the
investigation from the Czech Republic (i.e., the company cited above).
We invite interested parties to comment on this issue. Such comments
may include factual information within the meaning of 19 CFR
351.102(b)(21). Parties wishing to comment must do so within three
business days of the publication of this notice in the Federal
Register. Comments must be filed electronically using ACCESS. An
electronically filed document must be received successfully in its
entirety via ACCESS by 5:00 p.m. ET on the specified deadline. Because
we intend to examine the only known producer/exporter in the Czech
Republic, if no comments are received, or if comments received further
support the existence of only this one producer/exporter, we do not
intend to conduct respondent selection and will proceed to issuing the
initial AD questionnaires to the identified company. However, if
comments are received which create a need for a respondent selection
process, we intend to finalize our decision regarding respondent
selection for the Czech Republic within 20 days of publication of this
notice.
[[Page 40063]]
India
In the Petitions, the petitioner identified five companies in India
as producers and/or exporters of freight rail couplers.\38\
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\38\ See August 11, 2025, Supplement at Exhibit IV-2SUPP-5.
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Following standard practice in AD investigations involving market
economy countries, Commerce would normally select respondents based on
U.S. Customs and Border Protection (CBP) entry data for imports under
the appropriate Harmonized Tariff Schedule of the United States (HTSUS)
subheading(s) listed in the ``Scope of the Investigations'' in the
appendix. However, for these investigations, the main HTSUS subheading
under which the subject merchandise entered during the POI
(8607.30.1000) is a basket category under which non-subject merchandise
may also enter. Therefore, for India, instead of relying on CBP entry
data in selecting respondents, we intend to issue quantity and value
(Q&V) questionnaires to each potential respondent for which there is
complete address information on the record.
Commerce will post the Q&V questionnaires along with filing
instructions on Commerce's website at <a href="https://www.trade.gov/ec-adcvd-case-announcements">https://www.trade.gov/ec-adcvd-case-announcements</a>. Producers/exporters of freight rail couplers in
India that do not receive Q&V questionnaires may still submit a
response to the Q&V questionnaire and can obtain a copy of the Q&V
questionnaire from Commerce's website. Responses to the Q&V
questionnaire must be submitted by the relevant producers/exporters no
later than 5:00 p.m. ET on August 26, 2025, which is two weeks from the
signature date of this notice. All Q&V questionnaire 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
Commerce's website at https://<a href="http://www.trade.gov/administrative-protective-orders">www.trade.gov/administrative-protective-orders</a>.
Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petitions has been
provided to the governments of the Czech Republic and India via ACCESS.
To the extent practicable, we will attempt to provide a copy of the
public version of the Petitions to each exporter named in the
Petitions, as provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of freight rail couplers from the Czech
Republic and/or India are materially injuring, or threatening material
injury to, a U.S. industry.\39\ A negative ITC determination for any
country will result in the investigation being terminated with respect
to that country.\40\ Otherwise, these LTFV investigations will proceed
according to statutory and regulatory time limits.
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\39\ See section 733(a) of the Act.
\40\ Id.
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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)-(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 \41\ 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.\42\ 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 these investigations.
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\41\ See 19 CFR 351.301(b).
\42\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act (i.e., a cost-based PMS allegation), the submission must be
filed in accordance with the requirements of 19 CFR 351.416(b), and
Commerce will respond to such a submission consistent with 19 CFR
351.301(c)(2)(v). If Commerce finds that a cost-based PMS exists under
section 773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v),
sets a deadline for the submission of cost-based PMS allegations and
supporting factual information. However, in order to administer section
773(e) of the Act, Commerce must receive PMS allegations and supporting
factual information with enough time to consider the submission. Thus,
should an interested party wish to submit a cost-based PMS allegation
and supporting new factual information pursuant to section 773(e) of
the Act, it must do so no later than 20 days after submission of a
respondent's initial section D questionnaire response.
We note that a PMS allegation filed pursuant to sections
773(a)(1)(B)(ii)(III) or 773(a)(1)(C)(iii) of the Act (i.e., a sales-
based PMS allegation) must be filed within 10 days of submission of a
respondent's initial section B questionnaire response, in accordance
with 19 CFR 351.301(c)(2)(i) and 19 CFR 351.404(c)(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, or as otherwise specified by
Commerce.\43\ 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
[[Page 40064]]
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we 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 request must be made in
a separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in these investigations.\44\
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\43\ See 19 CFR 351.301; 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>.
\44\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements
Any party submitting factual information in an AD or countervailing
duty proceeding must certify to the accuracy and completeness of that
information.\45\ Parties must use the certification formats provided in
19 CFR 351.303(g).\46\ Commerce intends to reject factual submissions
if the submitting party does not comply with the applicable
certification requirements.
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\45\ See section 782(b) of the Act.
\46\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional
information regarding the Final Rule is available at <a href="https://access.trade.gov/Resources/filing/index.html">https://access.trade.gov/Resources/filing/index.html</a>.
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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 these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letter of
appearance). Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\47\
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\47\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: August 12, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Investigations
The scope of these investigations covers certain freight railcar
couplers (also known as ``fits'' or ``assemblies'') and parts
thereof. Freight rail 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 covered by these investigations
include: (1) E coupler bodies; (2) E/F coupler bodies; (3) F coupler
bodies; (4) E knuckles; (5) F knuckles; as set forth by the
Association of American Railroads (AAR). The freight rail coupler
parts are included within the scope of the investigations when
imported individually.
Subject freight rail 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 these
investigations 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 these investigations are
classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) statistical reporting numbers 8607.30.1010, 8607.30.1050,
and 8607.30.1090. Subject merchandise attached to finished railcars
may also enter under HTSUS statistical reporting numbers
7326.90.8688, 8606.10.0000, 8606.91.0000, 8606.92.0000,
8606.99.0130, or under subheading 8606.99.0160. 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
these investigations is dispositive.
[FR Doc. 2025-15633 Filed 8-15-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 18, 2025.
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