53-Foot Domestic Dry Containers From the People's Republic of China: Initiation of Countervailing Duty Investigation, 28679-28683 [2014-11527]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 96 / Monday, May 19, 2014 / Notices varying terms including ‘‘53-foot containers,’’ ‘‘53-foot dry containers,’’ ‘‘53-foot domestic dry containers,’’ ‘‘domestic dry containers’’ and ‘‘domestic containers.’’ These terms all describe the same article with the same design and performance characteristics. Notwithstanding the particular terminology used to describe the merchandise, all merchandise that meets the definition set forth herein is included within the scope of this investigation. Domestic containers generally meet the characteristic for closed van containers for domestic intermodal service as described in the American Association of Railroads (AAR) Manual of Standards and Recommended Practices Intermodal Equipment Manual Closed Van Containers for Domestic Intermodal Service Specification M 930 Adopted: 1972; Last Revised 2013 (AAR Specifications) for 53-foot and 53-foot high cube containers. The AAR Specifications generally define design, performance and testing requirements for closed van containers, but are not dispositive for purposes of defining subject merchandise within this scope definition. Containers which may not fall precisely within the AAR Specifications or any successor equivalent specifications are included within the scope definition of the subject merchandise if they have the exterior dimensions referenced below, are suitable for use in intermodal transportation, are capable of and suitable for double-stacking 48 in intermodal transportation, and otherwise meet the scope definition for the subject merchandise. Domestic containers have the following actual exterior dimensions: An exterior length exceeding 14.63 meters (48 feet) but not exceeding 16.154 meters (53 feet); an exterior width of between 2.438 meters and 2.60 meters (between 8 feet and 8 feet 63⁄8 inches); and an exterior height of between 2.438 meters and 2.908 meters (between 8 feet and 9 feet 61⁄2 inches), all subject to tolerances as allowed by the AAR Specifications. In addition to two frames (one at either end of the container), the domestic containers within the scope definition have two stacking frames located equidistant from each end of the container, as required by the AAR Specifications. The stacking frames have four upper handling fittings and four bottom dual aperture handling fittings, placed at the respective corners of the stacking frames. Domestic containers also have two forward facing fittings at the front lower corners and two downward facing fittings at the rear lower corners of the container to facilitate chassis interface. All domestic containers as described herein are included within this scope definition, regardless of whether the merchandise enters the United States in a final, assembled condition, or as an unassembled kit or substantially complete domestic container which requires additional manipulation or processing after entry into the United States to be made ready for use as a domestic container. The scope of this investigation excludes the following items: (1) Refrigerated 48 ‘‘Double-stacking’’ refers to two levels of intermodal containers on a rail car, one on top of the other. VerDate Mar<15>2010 17:17 May 16, 2014 Jkt 232001 containers; (2) trailers, where the cargo box and rear wheeled chassis are of integrated construction, and the cargo box of the unit may not be separated from the chassis for further intermodal transport; (3) container chassis, whether or not imported with domestic containers, but the domestic containers remain subject merchandise, to the extent they meet the written description of the scope. Imports of the subject merchandise are provided for under subheading 8609.00.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). Imports of the subject merchandise which meet the definition of and requirements for ‘‘instruments of international traffic’’ pursuant to 19 U.S.C. 1322 and 19 CFR 10.41a may be classified under subheading 9803.00.50, HTSUS. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the subject merchandise as set forth herein is dispositive. [FR Doc. 2014–11519 Filed 5–16–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–015] 53-Foot Domestic Dry Containers From the People’s Republic of China: Initiation of Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: DATES: Effective Date: May 19, 2014. FOR FURTHER INFORMATION CONTACT: Ilissa Kabak Shefferman at (202) 482– 4684 or Angelica Mendoza at (202) 482– 3019, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: The Petition On April 23, 2014, the Department of Commerce (the Department) received a countervailing duty (CVD) petition concerning imports of 53-foot domestic dry containers from the People’s Republic of China (domestic dry containers from the PRC), filed in proper form, on behalf of Stoughton Trailers, LLC (Petitioner).1 The CVD Petition was accompanied by an antidumping duty (AD) petition with 1 See Petition for the Imposition of Antidumping and Countervailing Duties: 53-Foot Domestic Dry Containers from the People’s Republic of China, dated April 23, 2014 (CVD Petition or Petition). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 28679 respect to the PRC.2 Petitioner is U.S. producer of 53-foot domestic dry containers. On April 25, 2014, the Department requested information and clarification for certain portions of the CVD Petition.3 On April 25, 2014, the Department requested information and clarification for certain general portions of the AD and CVD Petitions.4 Petitioner filed its response to these requests on April 30, 2014.5 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), Petitioner alleges that the Government of the People’s Republic of China (the GOC) is providing countervailable subsidies (within the meaning of sections 701 and 771(5) of the Act) with respect to imports of domestic dry containers, and that such imports are materially retarding the establishment of an industry in the United States, or that such an industry is materially injured or threatened with material injury by reason of such imports. The Department finds that Petitioner filed the Petition on behalf of the domestic industry because Petitioner is an interested party as defined in section 771(9)(C) of the Act, and that Petitioner demonstrated sufficient industry support with respect to the initiation of the investigation Petitioner is requesting.6 Period of Investigation The period of investigation (POI) is January 1, 2013, through December 31, 2013. Scope of Investigation The products covered by this investigation are 53-foot domestic dry containers from the PRC. For a full description of the scope of this investigation, see ‘‘Scope of Investigation’’ at the Appendix of this notice. Comments on Scope of Investigation During our review of the Petition, the Department issued questions to, and received responses from, Petitioners pertaining to the proposed scope in order to ensure that the scope language 2 See Petition for the Imposition of Antidumping and Countervailing Duties: 53-Foot Domestic Dry Containers from the People’s Republic of China, dated April 23, 2014 (AD Petition). 3 See Letter to Petitioner from Angelica Mendoza, dated April 25, 2014 (CVD Supplemental Questions). 4 See Letter to Petitioner from Angelica Mendoza, dated April 25, 2014 (General Issues Supplemental Questions). 5 See Response to CVD Supplemental Questions, dated April 30, 2014 (CVD Supplemental Response) (See Supplement to Volumes I and II). 6 See ‘‘Determination of Industry Support for the Petition,’’ below. E:\FR\FM\19MYN1.SGM 19MYN1 28680 Federal Register / Vol. 79, No. 96 / Monday, May 19, 2014 / Notices in the Petition would be an accurate reflection of the products for which the domestic industry is seeking relief.7 As discussed in the Preamble to the regulations,8 we are setting aside a period for interested parties to raise issues regarding product coverage. The period of scope comments is intended to provide the Department with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determinations. All comments must be filed by 5:00 p.m. Eastern Daylight Time (EDT) on June 2, 2014, which is 20 calendar days from the signature date of this notice. Any rebuttal comments must be filed by 5:00 p.m. EDT on June 9, 2014. All such comments must be filed on the records of the CVD investigation, as well as the concurrent AD investigation. Filing Requirements All submissions to the Department must be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS).9 An electronically filed document must be received successfully in its entirety by the time and date noted above. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance’s APO/Dockets Unit, Room 1870, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, and stamped with the date and time of receipt by the established deadline.10 Consultations Pursuant to section 702(b)(4)(A)(ii) of the Act, the Department invited representatives of the GOC for consultations with respect to the 7 See General Issues Supplemental Questions. Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997). 9 For general filing requirements, see 19 CFR 351.303. 10 See 19 CFR 351.303(b). For details regarding the Department’s electronic filing requirements, see Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). Information regarding IA ACCESS assistance can be found at https://iaaccess.trade.gov/help.aspx, and a handbook can be found at https:// iaaccess.trade.gov/help/ Handbook%20on%20Electronic %20Filling%20Procedures.pdf. mstockstill on DSK4VPTVN1PROD with NOTICES 8 See VerDate Mar<15>2010 17:17 May 16, 2014 Jkt 232001 Petition.11 Consultations were held with the GOC on May 8, 2014.12 Determination of Industry Support for the Petition Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(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 702(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, the Department 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 the Department to look to producers and workers who produce the domestic like product. The 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 the Department and the ITC must apply the same statutory definition regarding the domestic like product (see section 771(10) of the Act), they do so for different purposes and pursuant to a separate and distinct authority. In addition, the Department’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.13 11 See Letter of Invitation Regarding Countervailing Duty Petition on 53-Foot Dry Domestic Containers from the People’s Republic of China, dated April 24, 2014. 12 See Consultations with the Government of the PRC Ex Parte Memorandum, dated May 12, 2014 (Consultations Memorandum). 13 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 865 F.2d 240 (Fed. Cir. 1989)). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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, Petitioner does not offer a definition of the domestic like product distinct from the scope of the investigation. Based on our analysis of the information submitted on the record, we have determined that domestic dry containers constitute a single domestic like product and we have analyzed industry support in terms of that domestic like product.14 In determining whether Petitioner has standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the Petition with reference to the domestic like product as defined in the ‘‘Scope of the Investigation,’’ in Appendix I of this notice. To establish industry support, Petitioner provided its own production of the domestic like product in 2013.15 Petitioner states that there are no other known producers of domestic dry containers in the United States; therefore, the Petition is supported by 100 percent of the U.S. industry.16 Our review of the data provided in the Petition and other information readily available to the Department indicates that Petitioner has established industry support.17 First, the Petition 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, the Department is not required to take further action in order to evaluate industry support (e.g., polling).18 Second, the domestic producers (or workers) have met the statutory criteria 14 For a discussion of the domestic like product analysis in this case, see Countervailing Duty Investigation Initiation Checklist: 53-Foot Domestic Dry Containers from the People’s Republic of China (PRC CVD Initiation Checklist) at Attachment II, Analysis of Industry Support for the Petitions Covering 53-Foot Domestic Dry Containers from the People’s Republic of China (Attachment II). This checklist is dated concurrently with this notice and on file electronically via IA ACCESS. Access to documents filed via IA ACCESS is also available in the Central Records Unit (CRU), Room 7046 of the main Department of Commerce building. 15 See Volume I of the Petition, at 3; see also General Issues Supplement, at 2. 16 See Volume I of the Petition, at 3. 17 See PRC CVD Checklist, at Attachment II. 18 See section 702(c)(4)(D) of the Act; see also PRC CVD Checklist, at Attachment II. E:\FR\FM\19MYN1.SGM 19MYN1 Federal Register / Vol. 79, No. 96 / Monday, May 19, 2014 / Notices for industry support under section 702(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total production of the domestic like product.19 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petition 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 Petition.20 Accordingly, the Department determines that the Petition was filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act. The Department finds that Petitioner filed the Petition on behalf of the domestic industry because it is an interested party as defined in section 771(9)(C) of the Act and it has demonstrated sufficient industry support with respect to the CVD investigation that it is requesting the Department initiate.21 Injury Test Because the PRC is a ‘‘Subsidies Agreement Country’’ within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must determine whether imports of the subject merchandise from the PRC materially retard the establishment of a U.S. industry, or materially injure, or threaten material injury to, a U.S. industry. mstockstill on DSK4VPTVN1PROD with NOTICES Allegations and Evidence of Material Retardation, Material Injury and Causation Section 703(a)(1)(B) of the Act states that the ITC ‘‘shall determine . . . whether there is a reasonable indication that the establishment of an industry in the United States is materially retarded by reason of imports of the subject merchandise.’’ Petitioner alleges that imports of subject merchandise are benefitting from countervailable subsidies and that such imports are materially retarding the establishment of the U.S. industry producing domestic dry containers. Petitioner argues that despite its demonstrated substantial commitment to commence production, U.S. production has not stabilized, and, therefore, the U.S. industry producing domestic dry containers has not been 19 See PRC CVD Checklist, at Attachment II. 20 Id. 21 Id. VerDate Mar<15>2010 17:17 May 16, 2014 Jkt 232001 established.22 To support its argument, Petitioner examines the five factors considered by the ITC to determine if an industry is established,23 as set forth in the ITC’s AD/CVD Handbook.24 If the ITC determines that an industry is not established, it then considers whether the performance of the industry reflects normal start-up difficulties or whether the imports of the subject merchandise have materially retarded the establishment of the industry.25 Petitioner contends that the domestic industry has performed substantially worse than what could reasonably be expected during normal start-up conditions, thereby demonstrating that the establishment of the domestic industry has been materially retarded by subject imports.26 Petitioner also alleges that, in the alternative, 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 benefitting from countervailable subsidies. In addition, Petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.27 Petitioner contends that the industry’s materially retarded, or in the alternative, injured condition is illustrated by negligible market share; underselling and price depression or suppression; lost sales and revenues; adverse impact on production, capacity utilization, and shipments; decline in employment variables; and decline in financial performance.28 We assessed the allegations and supporting evidence regarding material retardation, or in the alternative, material injury or threat of material injury, and causation, and we determined that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation.29 22 See Volume I of the Petition, at 37–38. at 18–20 and 37–38; see also General Issues Supplement, at 1 and Exhibit SG–1. 24 See Antidumping and Countervailing Duty Handbook (13th Ed.), USITC Pub. 4056 (December 2008) (ITC AD/CVD Handbook), at II–31. 25 Id., at II–31 and II–32. 26 See Volume I of the Petition, at 38–39 and Exhibits I–10 and I–11. 27 See General Issues Supplement, at 4–5 and Exhibit SG–3. 28 See Volume I of the Petition, at 14–20, 25–40 and Exhibits I–10 through I–15; see also General Issues Supplement, at 2–5 and Exhibits SG–3 through SG–6. 29 See CVD Initiation Checklist, at Attachment III, Analysis of Allegations and Evidence of Material Retardation, Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering 53-Foot Domestic Dry Containers from the People’s Republic of China. 23 Id., PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 28681 Initiation of Countervailing Duty Investigation Section 702(b)(1) of the Act requires the Department to initiate a CVD investigation whenever an interested party files a CVD petition on behalf of an industry that: (1) Alleges the elements necessary for an imposition of a duty under section 701(a) of the Act; and (2) is accompanied by information reasonably available to the petitioner supporting the allegations. In the Petition, Petitioner alleges that producers/exporters of domestic dry containers in the PRC benefited from countervailable subsidies bestowed by the government. The Department examined the Petition and finds that it complies with the requirements of section 702(b)(1) of the Act. Therefore, in accordance with section 702(b)(1) of the Act, we are initiating a CVD investigation to determine whether manufacturers, producers, or exporters of domestic dry containers from the PRC receive countervailable subsidies from the government. Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation on certain alleged programs. For a full discussion of the basis for our decision to initiate or not initiate on each program, see the CVD Initiation Checklist which accompanies this notice. A public version of the initiation checklist is available on IA ACCESS. Respondent Selection If respondent selection is necessary in this investigation, we will provide interested parties with an opportunity to comment on any information used to select respondents prior to our selection. We will provide a schedule for comments, to the extent necessary, at a later date. We intend to make a decision regarding respondent selection within 20 days of publication of this notice. Distribution of Copies of the Petition In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petitions has been provided to the GOC via IA ACCESS. As soon as practicable, we will attempt to provide a copy of the public version of the Petition to each known exporter (as named in the Petition), as provided in 19 CFR 351.203(c)(2). ITC Notification We notified the ITC of our initiation, as required by section 702(d) of the Act. E:\FR\FM\19MYN1.SGM 19MYN1 28682 Federal Register / Vol. 79, No. 96 / Monday, May 19, 2014 / Notices Preliminary Determination by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of domestic dry containers from the PRC are materially retarding the establishment of a U.S. industry, or whether such an industry is materially injured or threatened with material injury by reason of such imports.30 A negative ITC determination will result in the investigation being terminated; otherwise, this investigation will proceed according to statutory and regulatory time limits. mstockstill on DSK4VPTVN1PROD with NOTICES Submission of Factual Information On April 10, 2013, the Department published Definition of Factual Information and Time Limits for Submission of Factual Information: Final Rule, 78 FR 21246 (April 10, 2013), which modified two regulations related to AD and CVD proceedings: The definition of factual information (19 CFR 351.102(b)(21)), and the time limits for the submission of factual information (19 CFR 351.301). The final rule identifies five categories of factual information in 19 CFR 351.102(b)(21), which are summarized as follows: (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 the Department; and (v) evidence other than factual information described in (i)–(iv). The final rule requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted 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. The final rule also modified 19 CFR 351.301 so that, rather than providing general time limits, there are specific time limits based on the type of factual information being submitted. These modifications are effective for all segments initiated on or after May 10, 2013, and thus are applicable to this investigation. Please review the final rule, available at https://enforcement.trade.gov/frn/2013/ 1304frn/2013-08227.txt, prior to submitting factual information in this investigation. 30 See 17:17 May 16, 2014 Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy 31 See Extension of Time Limits, Final Rule, 78 FR 57790 (September 20, 2013). section 703(a) of the Act. VerDate Mar<15>2010 Revised Extension of Time Limits Regulation On September 20, 2013, the Department modified its regulation concerning the extension of time limits for submissions in AD and CVD proceedings.31 The modification clarifies that parties may request an extension of time limits before a time limit established under Part 351 expires, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the time limit established under Part 351 expires. For submissions which are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. on the due date. Examples include, but are not limited to: (1) Case and rebuttal briefs, filed pursuant to 19 CFR 351.309; (2) factual information to value factors under section 19 CFR 351.408(c), or to measure the adequacy of remuneration under section 19 CFR 351.511(a)(2), filed pursuant to 19 CFR 351.301(c)(3) and rebuttal, clarification and correction filed pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments concerning the selection of a surrogate country and surrogate values and rebuttal; (4) comments concerning U.S. Customs & Border Protection (CBP) data; and (5) quantity and value questionnaires. Under certain circumstances, the Department may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, the Department will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. This modification also requires that an extension request must be made in a separate, stand-alone submission, and clarifies the circumstances under which the Department will grant untimelyfiled requests for the extension of time limits. These modifications are effective for all segments initiated on or after October 21, 2013. Please review Extension of Time Limits; Final Rule, available at https://www.gpo.gov/fdsys/ pkg/FR-2013-09-20/html/201322853.htm, prior to submitting factual information in this segment. Jkt 232001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 and completeness of that information.32 Parties are hereby reminded that the Department issued a final rule with respect to certification requirements, effective August 16, 2013. Parties are hereby reminded that revised certification requirements are in effect for company/government officials as well as their representatives. All segments of any AD or CVD proceedings initiated on or after August 16, 2013, including this investigation, should use the formats for the revised certifications provided at the end of the Final Rule.33 The Department intends to reject factual submissions if the submitting party does not comply with the applicable revised certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. On January 22, 2008, the Department published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in this investigation should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). This notice is issued and published pursuant to section 777(i) of the Act. Dated: May 13, 2014. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Attachment I Scope of the Investigation The merchandise subject to investigation is closed (i.e., not open top) van containers exceeding 14.63 meters (48 feet) but generally measuring 16.154 meters (53 feet) in exterior length, which are designed for the intermodal transport 34 of goods other than bulk liquids within North America primarily by rail or by road vehicle, or by a combination of rail and road vehicle (domestic containers). The merchandise is known in the industry by varying terms including ‘‘53-foot 32 See section 782(b) of the Act. Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also the frequently asked questions regarding the Final Rule, available at the following: https://enforcement.trade.gov/tlei/ notices/factual_info_final_rule_FAQ_07172013.pdf. 34 ‘‘Intermodal transport’’ refers to a movement of freight using more than one mode of transportation, most commonly on a container chassis for on-theroad transportation and on a rail car for rail transportation. 33 See E:\FR\FM\19MYN1.SGM 19MYN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 96 / Monday, May 19, 2014 / Notices containers,’’ ‘‘53-foot dry containers,’’ ‘‘53-foot domestic dry containers,’’ ‘‘domestic dry containers’’ and ‘‘domestic containers.’’ These terms all describe the same article with the same design and performance characteristics. Notwithstanding the particular terminology used to describe the merchandise, all merchandise that meets the definition set forth herein is included within the scope of this investigation. Domestic containers generally meet the characteristic for closed van containers for domestic intermodal service as described in the American Association of Railroads (AAR) Manual of Standards and Recommended Practices Intermodal Equipment Manual Closed Van Containers for Domestic Intermodal Service Specification M 930 Adopted: 1972; Last Revised 2013 (AAR Specifications) for 53-foot and 53-foot high cube containers. The AAR Specifications generally define design, performance and testing requirements for closed van containers, but are not dispositive for purposes of defining subject merchandise within this scope definition. Containers which may not fall precisely within the AAR Specifications or any successor equivalent specifications are included within the scope definition of the subject merchandise if they have the exterior dimensions referenced below, are suitable for use in intermodal transportation, are capable of and suitable for double-stacking 35 in intermodal transportation, and otherwise meet the scope definition for the subject merchandise. Domestic containers have the following actual exterior dimensions: An exterior length exceeding 14.63 meters (48 feet) but not exceeding 16.154 meters (53 feet); an exterior width of between 2.438 meters and 2.60 meters (between 8 feet and 8 feet 63⁄8 inches); and an exterior height of between 2.438 meters and 2.908 meters (between 8 feet and 9 feet 61⁄2 inches), all subject to tolerances as allowed by the AAR Specifications. In addition to two frames (one at either end of the container), the domestic containers within the scope definition have two stacking frames located equidistant from each end of the container, as required by the AAR Specifications. The stacking frames have four upper handling fittings and four bottom dual aperture handling fittings, placed at the respective corners of the stacking frames. Domestic containers also have two forward facing 35 ‘‘Double-stacking’’ refers to two levels of intermodal containers on a rail car, one on top of the other. VerDate Mar<15>2010 17:17 May 16, 2014 Jkt 232001 fittings at the front lower corners and two downward facing fittings at the rear lower corners of the container to facilitate chassis interface. All domestic containers as described herein are included within this scope definition, regardless of whether the merchandise enters the United States in a final, assembled condition, or as an unassembled kit or substantially complete domestic container which requires additional manipulation or processing after entry into the United States to be made ready for use as a domestic container. The scope of this investigation excludes the following items: (1) Refrigerated containers; (2) trailers, where the cargo box and rear wheeled chassis are of integrated construction, and the cargo box of the unit may not be separated from the chassis for further intermodal transport; (3) container chassis, whether or not imported with domestic containers, but the domestic containers remain subject merchandise, to the extent they meet the written description of the scope. Imports of the subject merchandise are provided for under subheading 8609.00.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). Imports of the subject merchandise which meet the definition of and requirements for ‘‘instruments of international traffic’’ pursuant to 19 U.S.C. § 1322 and 19 C.F.R. § 10.41a may be classified under subheading 9803.00.50, HTSUS. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the subject merchandise as set forth herein is dispositive. [FR Doc. 2014–11527 Filed 5–16–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Renewable Energy and Energy Efficiency Trade Policy Mission to Peru International Trade Administration, Department of Commerce. ACTION: Notice. AGENCY: Mission Description The U.S. Department of Commerce’s International Trade Administration (ITA) is organizing a Renewable Energy and Energy Efficiency (RE&EE) Trade Policy Mission to Lima, Peru for November 12–13, 2014. The mission is designed to be led by a senior Department of Commerce official, and PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 28683 will focus on: (1) Creating a policy environment conducive to growth in Peru’s RE&EE market; (2) introducing U.S. RE&EE exporters to key Peruvian Government officials; and (3) supporting the United Nations Framework Convention on Climate Change annual meeting (COP–20) hosted by Peru in December 2014. The RE&EE trade policy mission will promote the export competitiveness of U.S. wind, solar, geothermal, biomass, hydropower, waste-to-energy, smart grid, and energy efficiency industries; and will demonstrate U.S. Government support for Peru’s strong renewable energy and energy efficiency goals. The mission supports ITA’s commitment in the Renewable Energy and Energy Efficiency Export Initiative (RE4I) to significantly increase U.S. RE&EE exports through the development and creation of new export opportunities. Additionally, the mission supports the Administration’s Look South initiative, which encourages companies to explore opportunities in the United States’ 11 free trade agreement partner countries in Latin America. Renewable energy is in high demand throughout these growing and market liberalizing countries. Export.gov/looksouth includes ‘‘Best Prospect’’ market snapshots on renewable energy opportunities in six Look South countries, including Peru. Commercial Setting For the past decade, Peru has led South America as the country with the highest average annual growth in GDP (6.4%) and lowest inflation (2.9%). In fact, Peru’s credit rating was increased by Fitch Ratings to BBB+, making it the highest-ranked South American country after Chile. Much of the country’s growth has been a result of an expansion in energy-intensive mining, which has caused Peru’s energy demand to increase substantially. As a result, Peru has the fourth highest energy demand of any Latin American country, a challenge that is focusing new investment—both international and domestic—on the development of stable, domestically-produced, renewable energy resources. To promote renewable energy development, Peru now offers several policy incentives, including priority dispatch for renewable electricity, accelerated depreciation of up to 20 percent for investments in machinery or equipment that support renewable energy deployment, and technologyspecific auctions. The country also features a 5 percent clean energy generation target and a biofuel blending mandate of 7.8 percent. Peru’s Ministry E:\FR\FM\19MYN1.SGM 19MYN1

Agencies

[Federal Register Volume 79, Number 96 (Monday, May 19, 2014)]
[Notices]
[Pages 28679-28683]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11527]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-015]


53-Foot Domestic Dry Containers From the People's Republic of 
China: Initiation of Countervailing Duty Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.


DATES: Effective Date: May 19, 2014.

FOR FURTHER INFORMATION CONTACT: Ilissa Kabak Shefferman at (202) 482-
4684 or Angelica Mendoza at (202) 482-3019, AD/CVD Operations, Office 
VI, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Petition

    On April 23, 2014, the Department of Commerce (the Department) 
received a countervailing duty (CVD) petition concerning imports of 53-
foot domestic dry containers from the People's Republic of China 
(domestic dry containers from the PRC), filed in proper form, on behalf 
of Stoughton Trailers, LLC (Petitioner).\1\ The CVD Petition was 
accompanied by an antidumping duty (AD) petition with respect to the 
PRC.\2\ Petitioner is U.S. producer of 53-foot domestic dry containers. 
On April 25, 2014, the Department requested information and 
clarification for certain portions of the CVD Petition.\3\ On April 25, 
2014, the Department requested information and clarification for 
certain general portions of the AD and CVD Petitions.\4\ Petitioner 
filed its response to these requests on April 30, 2014.\5\
---------------------------------------------------------------------------

    \1\ See Petition for the Imposition of Antidumping and 
Countervailing Duties: 53-Foot Domestic Dry Containers from the 
People's Republic of China, dated April 23, 2014 (CVD Petition or 
Petition).
    \2\ See Petition for the Imposition of Antidumping and 
Countervailing Duties: 53-Foot Domestic Dry Containers from the 
People's Republic of China, dated April 23, 2014 (AD Petition).
    \3\ See Letter to Petitioner from Angelica Mendoza, dated April 
25, 2014 (CVD Supplemental Questions).
    \4\ See Letter to Petitioner from Angelica Mendoza, dated April 
25, 2014 (General Issues Supplemental Questions).
    \5\ See Response to CVD Supplemental Questions, dated April 30, 
2014 (CVD Supplemental Response) (See Supplement to Volumes I and 
II).
---------------------------------------------------------------------------

    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), Petitioner alleges that the Government of the 
People's Republic of China (the GOC) is providing countervailable 
subsidies (within the meaning of sections 701 and 771(5) of the Act) 
with respect to imports of domestic dry containers, and that such 
imports are materially retarding the establishment of an industry in 
the United States, or that such an industry is materially injured or 
threatened with material injury by reason of such imports. The 
Department finds that Petitioner filed the Petition on behalf of the 
domestic industry because Petitioner is an interested party as defined 
in section 771(9)(C) of the Act, and that Petitioner demonstrated 
sufficient industry support with respect to the initiation of the 
investigation Petitioner is requesting.\6\
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    \6\ See ``Determination of Industry Support for the Petition,'' 
below.
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation (POI) is January 1, 2013, through 
December 31, 2013.

Scope of Investigation

    The products covered by this investigation are 53-foot domestic dry 
containers from the PRC. For a full description of the scope of this 
investigation, see ``Scope of Investigation'' at the Appendix of this 
notice.

Comments on Scope of Investigation

    During our review of the Petition, the Department issued questions 
to, and received responses from, Petitioners pertaining to the proposed 
scope in order to ensure that the scope language

[[Page 28680]]

in the Petition would be an accurate reflection of the products for 
which the domestic industry is seeking relief.\7\ As discussed in the 
Preamble to the regulations,\8\ we are setting aside a period for 
interested parties to raise issues regarding product coverage. The 
period of scope comments is intended to provide the Department with 
ample opportunity to consider all comments and to consult with parties 
prior to the issuance of the preliminary determinations. All comments 
must be filed by 5:00 p.m. Eastern Daylight Time (EDT) on June 2, 2014, 
which is 20 calendar days from the signature date of this notice. Any 
rebuttal comments must be filed by 5:00 p.m. EDT on June 9, 2014. All 
such comments must be filed on the records of the CVD investigation, as 
well as the concurrent AD investigation.
---------------------------------------------------------------------------

    \7\ See General Issues Supplemental Questions.
    \8\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
---------------------------------------------------------------------------

Filing Requirements

    All submissions to the Department must be filed electronically 
using Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (IA ACCESS).\9\ An electronically 
filed document must be received successfully in its entirety by the 
time and date noted above. Documents excepted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Enforcement and Compliance's APO/Dockets Unit, Room 1870, 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230, and stamped with the date and time of receipt by 
the established deadline.\10\
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    \9\ For general filing requirements, see 19 CFR 351.303.
    \10\ See 19 CFR 351.303(b). For details regarding the 
Department's electronic filing requirements, see Antidumping and 
Countervailing Duty Proceedings: Electronic Filing Procedures; 
Administrative Protective Order Procedures, 76 FR 39263 (July 6, 
2011). Information regarding IA ACCESS assistance can be found at 
https://iaaccess.trade.gov/help.aspx, and a handbook can be found at 
https://iaaccess.trade.gov/help/Handbook%20on%20Electronic 
%20Filling%20Procedures.pdf.
---------------------------------------------------------------------------

Consultations

    Pursuant to section 702(b)(4)(A)(ii) of the Act, the Department 
invited representatives of the GOC for consultations with respect to 
the Petition.\11\ Consultations were held with the GOC on May 8, 
2014.\12\
---------------------------------------------------------------------------

    \11\ See Letter of Invitation Regarding Countervailing Duty 
Petition on 53-Foot Dry Domestic Containers from the People's 
Republic of China, dated April 24, 2014.
    \12\ See Consultations with the Government of the PRC Ex Parte 
Memorandum, dated May 12, 2014 (Consultations Memorandum).
---------------------------------------------------------------------------

Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(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 702(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, the Department 
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 the Department to look to producers and workers who produce the 
domestic like product. The 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 the Department and 
the ITC must apply the same statutory definition regarding the domestic 
like product (see section 771(10) of the Act), they do so for different 
purposes and pursuant to a separate and distinct authority. In 
addition, the Department'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.\13\
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    \13\ 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 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------

    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, Petitioner does not offer 
a definition of the domestic like product distinct from the scope of 
the investigation. Based on our analysis of the information submitted 
on the record, we have determined that domestic dry containers 
constitute a single domestic like product and we have analyzed industry 
support in terms of that domestic like product.\14\
---------------------------------------------------------------------------

    \14\ For a discussion of the domestic like product analysis in 
this case, see Countervailing Duty Investigation Initiation 
Checklist: 53-Foot Domestic Dry Containers from the People's 
Republic of China (PRC CVD Initiation Checklist) at Attachment II, 
Analysis of Industry Support for the Petitions Covering 53-Foot 
Domestic Dry Containers from the People's Republic of China 
(Attachment II). This checklist is dated concurrently with this 
notice and on file electronically via IA ACCESS. Access to documents 
filed via IA ACCESS is also available in the Central Records Unit 
(CRU), Room 7046 of the main Department of Commerce building.
---------------------------------------------------------------------------

    In determining whether Petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in Appendix I of this 
notice. To establish industry support, Petitioner provided its own 
production of the domestic like product in 2013.\15\ Petitioner states 
that there are no other known producers of domestic dry containers in 
the United States; therefore, the Petition is supported by 100 percent 
of the U.S. industry.\16\
---------------------------------------------------------------------------

    \15\ See Volume I of the Petition, at 3; see also General Issues 
Supplement, at 2.
    \16\ See Volume I of the Petition, at 3.
---------------------------------------------------------------------------

    Our review of the data provided in the Petition and other 
information readily available to the Department indicates that 
Petitioner has established industry support.\17\ First, the Petition 
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, the Department is not required to take further 
action in order to evaluate industry support (e.g., polling).\18\ 
Second, the domestic producers (or workers) have met the statutory 
criteria

[[Page 28681]]

for industry support under section 702(c)(4)(A)(i) of the Act because 
the domestic producers (or workers) who support the Petition account 
for at least 25 percent of the total production of the domestic like 
product.\19\ Finally, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 702(c)(4)(A)(ii) 
of the Act because the domestic producers (or workers) who support the 
Petition 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 Petition.\20\ 
Accordingly, the Department determines that the Petition was filed on 
behalf of the domestic industry within the meaning of section 702(b)(1) 
of the Act.
---------------------------------------------------------------------------

    \17\ See PRC CVD Checklist, at Attachment II.
    \18\ See section 702(c)(4)(D) of the Act; see also PRC CVD 
Checklist, at Attachment II.
    \19\ See PRC CVD Checklist, at Attachment II.
    \20\ Id.
---------------------------------------------------------------------------

    The Department finds that Petitioner filed the Petition on behalf 
of the domestic industry because it is an interested party as defined 
in section 771(9)(C) of the Act and it has demonstrated sufficient 
industry support with respect to the CVD investigation that it is 
requesting the Department initiate.\21\
---------------------------------------------------------------------------

    \21\ Id.
---------------------------------------------------------------------------

Injury Test

    Because the PRC is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from the PRC materially 
retard the establishment of a U.S. industry, or materially injure, or 
threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Retardation, Material Injury and 
Causation

    Section 703(a)(1)(B) of the Act states that the ITC ``shall 
determine . . . whether there is a reasonable indication that the 
establishment of an industry in the United States is materially 
retarded by reason of imports of the subject merchandise.'' Petitioner 
alleges that imports of subject merchandise are benefitting from 
countervailable subsidies and that such imports are materially 
retarding the establishment of the U.S. industry producing domestic dry 
containers. Petitioner argues that despite its demonstrated substantial 
commitment to commence production, U.S. production has not stabilized, 
and, therefore, the U.S. industry producing domestic dry containers has 
not been established.\22\ To support its argument, Petitioner examines 
the five factors considered by the ITC to determine if an industry is 
established,\23\ as set forth in the ITC's AD/CVD Handbook.\24\ If the 
ITC determines that an industry is not established, it then considers 
whether the performance of the industry reflects normal start-up 
difficulties or whether the imports of the subject merchandise have 
materially retarded the establishment of the industry.\25\ Petitioner 
contends that the domestic industry has performed substantially worse 
than what could reasonably be expected during normal start-up 
conditions, thereby demonstrating that the establishment of the 
domestic industry has been materially retarded by subject imports.\26\ 
Petitioner also alleges that, in the alternative, 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 benefitting from countervailable subsidies. In 
addition, Petitioner alleges that subject imports exceed the 
negligibility threshold provided for under section 771(24)(A) of the 
Act.\27\
---------------------------------------------------------------------------

    \22\ See Volume I of the Petition, at 37-38.
    \23\ Id., at 18-20 and 37-38; see also General Issues 
Supplement, at 1 and Exhibit SG-1.
    \24\ See Antidumping and Countervailing Duty Handbook (13th 
Ed.), USITC Pub. 4056 (December 2008) (ITC AD/CVD Handbook), at II-
31.
    \25\ Id., at II-31 and II-32.
    \26\ See Volume I of the Petition, at 38-39 and Exhibits I-10 
and I-11.
    \27\ See General Issues Supplement, at 4-5 and Exhibit SG-3.
---------------------------------------------------------------------------

    Petitioner contends that the industry's materially retarded, or in 
the alternative, injured condition is illustrated by negligible market 
share; underselling and price depression or suppression; lost sales and 
revenues; adverse impact on production, capacity utilization, and 
shipments; decline in employment variables; and decline in financial 
performance.\28\ We assessed the allegations and supporting evidence 
regarding material retardation, or in the alternative, material injury 
or threat of material injury, and causation, and we determined that 
these allegations are properly supported by adequate evidence and meet 
the statutory requirements for initiation.\29\
---------------------------------------------------------------------------

    \28\ See Volume I of the Petition, at 14-20, 25-40 and Exhibits 
I-10 through I-15; see also General Issues Supplement, at 2-5 and 
Exhibits SG-3 through SG-6.
    \29\ See CVD Initiation Checklist, at Attachment III, Analysis 
of Allegations and Evidence of Material Retardation, Material Injury 
and Causation for the Antidumping and Countervailing Duty Petitions 
Covering 53-Foot Domestic Dry Containers from the People's Republic 
of China.
---------------------------------------------------------------------------

Initiation of Countervailing Duty Investigation

    Section 702(b)(1) of the Act requires the Department to initiate a 
CVD investigation whenever an interested party files a CVD petition on 
behalf of an industry that: (1) Alleges the elements necessary for an 
imposition of a duty under section 701(a) of the Act; and (2) is 
accompanied by information reasonably available to the petitioner 
supporting the allegations. In the Petition, Petitioner alleges that 
producers/exporters of domestic dry containers in the PRC benefited 
from countervailable subsidies bestowed by the government. The 
Department examined the Petition and finds that it complies with the 
requirements of section 702(b)(1) of the Act. Therefore, in accordance 
with section 702(b)(1) of the Act, we are initiating a CVD 
investigation to determine whether manufacturers, producers, or 
exporters of domestic dry containers from the PRC receive 
countervailable subsidies from the government.
    Based on our review of the Petition, we find that there is 
sufficient information to initiate a CVD investigation on certain 
alleged programs. For a full discussion of the basis for our decision 
to initiate or not initiate on each program, see the CVD Initiation 
Checklist which accompanies this notice.
    A public version of the initiation checklist is available on IA 
ACCESS.

Respondent Selection

    If respondent selection is necessary in this investigation, we will 
provide interested parties with an opportunity to comment on any 
information used to select respondents prior to our selection. We will 
provide a schedule for comments, to the extent necessary, at a later 
date. We intend to make a decision regarding respondent selection 
within 20 days of publication of this notice.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petitions has been 
provided to the GOC via IA ACCESS. As soon as practicable, we will 
attempt to provide a copy of the public version of the Petition to each 
known exporter (as named in the Petition), as provided in 19 CFR 
351.203(c)(2).

ITC Notification

    We notified the ITC of our initiation, as required by section 
702(d) of the Act.

[[Page 28682]]

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of domestic dry containers from the PRC are 
materially retarding the establishment of a U.S. industry, or whether 
such an industry is materially injured or threatened with material 
injury by reason of such imports.\30\ A negative ITC determination will 
result in the investigation being terminated; otherwise, this 
investigation will proceed according to statutory and regulatory time 
limits.
---------------------------------------------------------------------------

    \30\ See section 703(a) of the Act.
---------------------------------------------------------------------------

Submission of Factual Information

    On April 10, 2013, the Department published Definition of Factual 
Information and Time Limits for Submission of Factual Information: 
Final Rule, 78 FR 21246 (April 10, 2013), which modified two 
regulations related to AD and CVD proceedings: The definition of 
factual information (19 CFR 351.102(b)(21)), and the time limits for 
the submission of factual information (19 CFR 351.301). The final rule 
identifies five categories of factual information in 19 CFR 
351.102(b)(21), which are summarized as follows: (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 the 
Department; and (v) evidence other than factual information described 
in (i)-(iv). The final rule requires any party, when submitting factual 
information, to specify under which subsection of 19 CFR 351.102(b)(21) 
the information is being submitted 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. The final rule also modified 19 CFR 351.301 so that, rather 
than providing general time limits, there are specific time limits 
based on the type of factual information being submitted. These 
modifications are effective for all segments initiated on or after May 
10, 2013, and thus are applicable to this investigation. Please review 
the final rule, available at https://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in this 
investigation.

Revised Extension of Time Limits Regulation

    On September 20, 2013, the Department modified its regulation 
concerning the extension of time limits for submissions in AD and CVD 
proceedings.\31\ The modification clarifies that parties may request an 
extension of time limits before a time limit established under Part 351 
expires, or as otherwise specified by the Secretary. In general, an 
extension request will be considered untimely if it is filed after the 
time limit established under Part 351 expires. For submissions which 
are due from multiple parties simultaneously, an extension request will 
be considered untimely if it is filed after 10:00 a.m. on the due date. 
Examples include, but are not limited to: (1) Case and rebuttal briefs, 
filed pursuant to 19 CFR 351.309; (2) factual information to value 
factors under section 19 CFR 351.408(c), or to measure the adequacy of 
remuneration under section 19 CFR 351.511(a)(2), filed pursuant to 19 
CFR 351.301(c)(3) and rebuttal, clarification and correction filed 
pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments concerning the 
selection of a surrogate country and surrogate values and rebuttal; (4) 
comments concerning U.S. Customs & Border Protection (CBP) data; and 
(5) quantity and value questionnaires. Under certain circumstances, the 
Department may elect to specify a different time limit by which 
extension requests will be considered untimely for submissions which 
are due from multiple parties simultaneously. In such a case, the 
Department will inform parties in the letter or memorandum setting 
forth the deadline (including a specified time) by which extension 
requests must be filed to be considered timely. This modification also 
requires that an extension request must be made in a separate, stand-
alone submission, and clarifies the circumstances under which the 
Department will grant untimely-filed requests for the extension of time 
limits. These modifications are effective for all segments initiated on 
or after October 21, 2013. Please review Extension of Time Limits; 
Final Rule, available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in this 
segment.
---------------------------------------------------------------------------

    \31\ See Extension of Time Limits, Final Rule, 78 FR 57790 
(September 20, 2013).
---------------------------------------------------------------------------

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\32\ 
Parties are hereby reminded that the Department issued a final rule 
with respect to certification requirements, effective August 16, 2013. 
Parties are hereby reminded that revised certification requirements are 
in effect for company/government officials as well as their 
representatives. All segments of any AD or CVD proceedings initiated on 
or after August 16, 2013, including this investigation, should use the 
formats for the revised certifications provided at the end of the Final 
Rule.\33\ The Department intends to reject factual submissions if the 
submitting party does not comply with the applicable revised 
certification requirements.
---------------------------------------------------------------------------

    \32\ See section 782(b) of the Act.
    \33\ See Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also the 
frequently asked questions regarding the Final Rule, available at 
the following: https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, the 
Department published Antidumping and Countervailing Duty Proceedings: 
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 
22, 2008). Parties wishing to participate in this investigation should 
ensure that they meet the requirements of these procedures (e.g., the 
filing of letters of appearance as discussed at 19 CFR 351.103(d)).
    This notice is issued and published pursuant to section 777(i) of 
the Act.

    Dated: May 13, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Attachment I

Scope of the Investigation

    The merchandise subject to investigation is closed (i.e., not open 
top) van containers exceeding 14.63 meters (48 feet) but generally 
measuring 16.154 meters (53 feet) in exterior length, which are 
designed for the intermodal transport \34\ of goods other than bulk 
liquids within North America primarily by rail or by road vehicle, or 
by a combination of rail and road vehicle (domestic containers). The 
merchandise is known in the industry by varying terms including ``53-
foot

[[Page 28683]]

containers,'' ``53-foot dry containers,'' ``53-foot domestic dry 
containers,'' ``domestic dry containers'' and ``domestic containers.'' 
These terms all describe the same article with the same design and 
performance characteristics. Notwithstanding the particular terminology 
used to describe the merchandise, all merchandise that meets the 
definition set forth herein is included within the scope of this 
investigation.
---------------------------------------------------------------------------

    \34\ ``Intermodal transport'' refers to a movement of freight 
using more than one mode of transportation, most commonly on a 
container chassis for on-the-road transportation and on a rail car 
for rail transportation.
---------------------------------------------------------------------------

    Domestic containers generally meet the characteristic for closed 
van containers for domestic intermodal service as described in the 
American Association of Railroads (AAR) Manual of Standards and 
Recommended Practices Intermodal Equipment Manual Closed Van Containers 
for Domestic Intermodal Service Specification M 930 Adopted: 1972; Last 
Revised 2013 (AAR Specifications) for 53-foot and 53-foot high cube 
containers. The AAR Specifications generally define design, performance 
and testing requirements for closed van containers, but are not 
dispositive for purposes of defining subject merchandise within this 
scope definition. Containers which may not fall precisely within the 
AAR Specifications or any successor equivalent specifications are 
included within the scope definition of the subject merchandise if they 
have the exterior dimensions referenced below, are suitable for use in 
intermodal transportation, are capable of and suitable for double-
stacking \35\ in intermodal transportation, and otherwise meet the 
scope definition for the subject merchandise.
---------------------------------------------------------------------------

    \35\ ``Double-stacking'' refers to two levels of intermodal 
containers on a rail car, one on top of the other.
---------------------------------------------------------------------------

    Domestic containers have the following actual exterior dimensions: 
An exterior length exceeding 14.63 meters (48 feet) but not exceeding 
16.154 meters (53 feet); an exterior width of between 2.438 meters and 
2.60 meters (between 8 feet and 8 feet 6\3/8\ inches); and an exterior 
height of between 2.438 meters and 2.908 meters (between 8 feet and 9 
feet 6\1/2\ inches), all subject to tolerances as allowed by the AAR 
Specifications. In addition to two frames (one at either end of the 
container), the domestic containers within the scope definition have 
two stacking frames located equidistant from each end of the container, 
as required by the AAR Specifications. The stacking frames have four 
upper handling fittings and four bottom dual aperture handling 
fittings, placed at the respective corners of the stacking frames. 
Domestic containers also have two forward facing fittings at the front 
lower corners and two downward facing fittings at the rear lower 
corners of the container to facilitate chassis interface.
    All domestic containers as described herein are included within 
this scope definition, regardless of whether the merchandise enters the 
United States in a final, assembled condition, or as an unassembled kit 
or substantially complete domestic container which requires additional 
manipulation or processing after entry into the United States to be 
made ready for use as a domestic container.
    The scope of this investigation excludes the following items: (1) 
Refrigerated containers; (2) trailers, where the cargo box and rear 
wheeled chassis are of integrated construction, and the cargo box of 
the unit may not be separated from the chassis for further intermodal 
transport; (3) container chassis, whether or not imported with domestic 
containers, but the domestic containers remain subject merchandise, to 
the extent they meet the written description of the scope.
    Imports of the subject merchandise are provided for under 
subheading 8609.00.0000 of the Harmonized Tariff Schedule of the United 
States (HTSUS). Imports of the subject merchandise which meet the 
definition of and requirements for ``instruments of international 
traffic'' pursuant to 19 U.S.C. Sec.  1322 and 19 C.F.R. Sec.  10.41a 
may be classified under subheading 9803.00.50, HTSUS. While HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the subject merchandise as set forth herein is 
dispositive.

[FR Doc. 2014-11527 Filed 5-16-14; 8:45 am]
BILLING CODE 3510-DS-P

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