Freight Rail Coupler Systems and Certain Components Thereof From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 58864-58869 [2021-23231]
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[FR Doc. 2021–23128 Filed 10–22–21; 8:45 am]
BILLING CODE 3410–15–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–143]
Freight Rail Coupler Systems and
Certain Components Thereof From the
People’s Republic of China: Initiation
of Less-Than-Fair-Value Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce
DATES: Applicable October 19, 2021.
FOR FURTHER INFORMATION CONTACT:
Mark Harrison, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0357.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
On September 29, 2021, the U.S.
Department of Commerce (Commerce)
received an antidumping duty (AD)
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petition concerning imports of freight
rail coupler systems and certain
components thereof (freight rail
couplers) from the People’s Republic of
China (China) filed in proper form on
behalf of the Coalition of Freight
Coupler Producers (the petitioner).1 On
October 6, 2021, the petitioner filed an
amendment to the Petition, clarifying
the identity of the members of the
Coalition of Freight Coupler Producers,
the members of which are, or represent,
domestic producers of freight rail
couplers.2 The Petition was
accompanied by a countervailing duty
(CVD) petition concerning imports of
freight rail couplers from China.3
On October 1, 4, 8, and 15, 2021,
Commerce requested supplemental
information pertaining to certain aspects
of the Petition in both general and ADspecific separate supplemental
questionnaires and phone calls with the
petitioner.4 On October 6, 12, and 18,
1 See Petitioner’s Letter, ‘‘Certain Freight Rail
Coupler Systems and Components Thereof from the
People’s Republic of China: Petitions for the
Imposition of Antidumping and Countervailing
Duties,’’ dated September 29, 2021 (the Petition).
2 See Petitioner’s Letters, ‘‘Amended Entry of
Appearance: A–570–143,’’ dated October 6, 2021
(Amended EOA) and ‘‘Freight Rail Coupler Systems
and Certain Components Thereof from the People’s
Republic of China: Response to First Supplemental
Questions for on Volume I General Issues and
Injury Petition,’’ dated October 6, 2021 (First
General Issues Supplement). The petitioner notes
that, per the Amended EOA, the members of the
Coalition of Freight Coupler Producers are:
McConway & Torley, LLC and the United Steel,
Paper & Forestry, Rubber, Manufacturing, Energy,
Allied Industrial and Service Worker International
Union, AFL–CIO, CLC (the USW). The petitioner
further notes that Amsted Rail Company, Inc.
(Amsted) is no longer a member of the petitioning
coalition and that the USW represents the workers
at Amsted’s Granite, IL facility. See First General
Issues Supplement at 8.
3 See the Petition.
4 See Commerce’s Letters, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Certain Freight Rail Coupler
Systems and Components Thereof from the People’s
Republic of China: Supplemental Questions,’’ dated
October 4, 2021 (General Issues Supplemental);
‘‘Petition for the Imposition of Antidumping Duties
on Imports of Certain Freight Rail Coupler Systems
and Components Thereof from the People’s
Republic of China: Supplemental Questions,’’ dated
October 4, 2021; Memorandum, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Certain Freight Rail Coupler
Systems and Components Thereof from the People’s
Republic of China: Phone Call with Counsel to the
Petitioner,’’ dated October 4, 2021 (October 4, 2021,
Phone Call Memorandum); Memorandum,
‘‘Petitions for the Imposition of Antidumping and
Countervailing Duties on Imports of Certain Freight
Rail Coupler Systems and Components Thereof
from the People’s Republic of China: Phone Call
with Counsel to the Petitioner,’’ dated October 8,
2021 (October 8, 2021, Phone Call Memorandum);
and Memorandum, ‘‘Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports
of Certain Freight Rail Coupler Systems and
Components Thereof from the People’s Republic of
China: Phone Call with Counsel to the Petitioner,’’
dated October 15, 2021 (October 15, 2021, Phone
Call Memorandum).
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2021, the petitioner filed timely
responses to these requests for
additional information.5
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 China 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
domestic freight rail couplers industry
in the United States. Consistent with
section 732(b)(1) of the Act, the Petition
is accompanied by information
reasonably available to the petitioner
supporting the allegation.
Commerce finds that the petitioner
filed the Petition on behalf of the
domestic industry because the
petitioner is an interested party, as
defined in section 771(9)(E) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
support for the initiation of the
requested AD investigation.6
Period of Investigation
Because China is a non-market
economy (NME) country, pursuant to 19
CFR 351.204(b)(1), the period of
investigation (POI) is January 1, 2021,
through June 30, 2021.
Scope of the Investigation
The product covered by this
investigation is freight rail couplers
from China. For a full description of the
scope of this investigation, see the
appendix to this notice.
Comments on the Scope of the
Investigation
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On October 4, 8, and 15, 2021,
Commerce requested further
information from the petitioner
regarding the proposed scope to ensure
5 See Petitioner’s Letters, ‘‘Freight Rail Coupler
Systems and Components Thereof from the People’s
Republic of China: Responses to Supplemental
Questions for on Volume I General Issues and
Injury Petition,’’ dated October 6, 2021 (First
General Issues Supplement); ‘‘Certain Freight Rail
Coupler Systems and Components Thereof from the
People’s Republic of China: Response to
Supplemental Questions for Volume II China
Antidumping Duty Petition,’’ dated October 6,
2021; ‘‘Freight Rail Car Coupler Systems and
Certain Components Thereof from the People’s
Republic of China: Response to Second
Supplemental Questions on Volume I General
Issues and Injury Petition,’’ dated October 12, 2021
(Second General Issues Supplement); and ‘‘Freight
Rail Car Coupler Systems and Certain Components
Thereof from the People’s Republic of China:
Response to Third Supplemental Questions on
Volume I General Issues and Injury Petition,’’ dated
October 18, 2021 (Scope Clarification).
6 See ‘‘Determination of Industry Support for the
Petition’’ section, infra.
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that the scope language in the Petition
is an accurate reflection of the products
for which the domestic industry is
seeking relief.7 On October 6, 12, and
18, 2021, the petitioner revised the
scope.8 The description of the
merchandise covered by this
investigation, as described in the
appendix to this notice, reflects these
clarifications. In its October 18, 2021,
submission, the petitioner provided
additional explanation of the language
in the scope of the investigation
pertaining to the inclusion of freight rail
couplers imported as part of a rail car
(‘‘{w}hen mounted on or to other nonsubject merchandise, such as a rail car,
only the complete coupler system is
covered by the scope’’), including
freight rail couplers attached to rail cars
in, and imported from, third countries
(‘‘{s}ubject merchandise includes
coupler components as defined above
that have been further processed or
further assembled, including those
coupler components attached to a rail
car in third countries.’’).9 While
Commerce has adopted this provision
for purposes of initiation, we invite
parties to this proceeding to comment
on this provision along with their scope
comments (as detailed below).
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).10 Commerce will consider
all comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determination. If scope comments
include factual information, all such
factual information should be limited to
public information.11 To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit such comments by 5:00
p.m. Eastern Time (ET) on November 8,
2021, which is 20 calendar days from
the signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on November 18, 2021,
7 See General Issues Supplemental; see also
October 4, 2021, Phone Call Memorandum; October
8, 2021, Phone Call Memorandum; and October 15,
2021, Phone Call Memorandum.
8 See First General Issues Supplement at 1–7 and
Exhibit I–Supp–1; see also Second General Issues
Supplement at 1–4 and Exhibit I–2Supp–1; see also
Scope Clarification at 1–9 and Exhibit I–3Supp–1.
9 See Scope Clarification.
10 See Antidumping Duties; Countervailing
Duties, Final Rule, 62 FR 27296, 27323 (May 19,
1997) (Preamble).
11 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
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58865
which is 10 calendar days from the
initial comment deadline.12
Commerce requests that any factual
information that parties consider
relevant to the scope of the investigation
be submitted during this period.
However, if a party subsequently finds
that additional factual information
pertaining to the scope of the
investigation may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All scope submissions
must be filed on the records of the
concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance’s (E&C’s) Antidumping
Duty and Countervailing Duty
Centralized Electronic Service System
(ACCESS), unless an exception
applies.13 An electronically filed
document must be received successfully
in its entirety by the time and date it is
due.
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 factors of production (FOPs)
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.
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 November
8, 2021, which is 20 calendar days from
the signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on November 18, 2021,
which is 10 calendar days after the
12 See
19 CFR 351.303(b).
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 help using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
13 See
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initial comment deadline. All comments
and submissions to Commerce must be
filed electronically using ACCESS, as
explained above, on the record of the
AD investigation.
Determination of Industry Support for
the Petition
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 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 must 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
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
14 See
section 771(10) of the Act.
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)).
15 See
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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
investigation.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
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 Petition
with reference to the domestic like
product as defined in the ‘‘Scope of the
Investigation,’’ in the appendix to this
notice. To establish industry support,
the petitioner provided its own
production of freight rail couplers in
2020.18 The petitioner estimated
production for the only other known
producer of freight rail couplers in the
United States.19 The petitioner
compared its production to the
estimated total 2020 production of the
domestic like product for the entire
domestic industry.20 We relied on data
provided by the petitioner for purposes
of measuring industry support.21
16 See Petition at Volume I at 16–21 and Exhibits
I–4, I–7, and I–15; see also First General Issues
Supplement at 10–11; and Second General Issues
Supplement at 6–7.
17 For a discussion of the domestic like product
analysis as applied to this case and information
regarding industry support, see Checklist,
‘‘Antidumping Duty Investigation Initiation
Checklist: Certain Freight Rail Coupler Systems and
Components Thereof from the People’s Republic of
China,’’ dated concurrently with this Federal
Register notice (China AD Initiation Checklist) at
Attachment II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions
Covering Certain Freight Rail Coupler Systems and
Components Thereof from the People’s Republic of
China (Attachment II).
18 See Petition at Volume I at 3–4; see also First
General Issues Supplement at 8–10 and Exhibit I–
Supp–2; and Second General Issues Supplement at
4–5.
19 See Petition at Volume I at 3–4 and Exhibit I–
5; see also First General Issues Supplement at 9–
10 and Exhibit I–Supp–2; and Second General
Issues Supplement at 5 and Exhibit I–2Supp–2.
20 See Petition at Volume I at 3–4 and Exhibit I–
5; see also First General Issues Supplement at 8–
10 and Exhibit I–Supp–2; and Second General
Issues Supplement at 5.
21 See Petition at Volume I at 2–4 and Exhibits I–
3 through I–5; see also First General Issues
Supplement at 7–10 and Exhibits I–Supp–2 and I–
Supp–3; and Second General Issues Supplement at
4–5 and Exhibit I–2Supp–2.
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On October 7, 2021, we received
comments on industry support from
Wabtec Corporation (Wabtec), a U.S.
importer of freight rail couplers.22 On
October 12, 2021, the petitioner
responded to the comments from
Wabtec.23 On October 12, 2021, we
received additional comments from
Wabtec.24 On October 13, 2021, we
received comments on industry support
from Strato, Inc. (Strato), a U.S. importer
of freight rail couplers.25 On October 14,
2021, the petitioner responded to the
comments from Strato and Wabtec.26
Our review of the data provided in the
Petition, the First General Issues
Supplement, the Second General Issues
Supplement, Petitioner Letters I and II,
and other information readily available
to Commerce indicates that the
petitioner has established industry
support for the Petition.27 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, Commerce is not
required to take further action in order
to evaluate industry support (e.g.,
polling).28 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 Petition
account for at least 25 percent of the
total production of the domestic like
product.29 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(ii) of the Act
22 See Wabtec’s Letter, ‘‘Certain Freight Rail
Coupler Systems and Components Thereof from the
People’s Republic of China: Request for Department
to Deny the Petitions for Imposition of Duties Filed
by the Coalition of Freight Coupler Producers as
Legally Infirm,’’ dated October 7, 2021.
23 See Petitioner’s Letter, ‘‘Freight Rail Coupler
Systems and Certain Components Thereof from the
People’s Republic of China: Response to Wabtec,’’
dated October 12, 2021 (Petitioner Letter I).
24 See Wabtec’s Letter, ‘‘Certain Freight Rail
Coupler Systems and Components Thereof from the
People’s Republic of China: Reply in Support of
Request for Department to Deny the Petitions for
Imposition of Duties Filed by the Coalition of
Freight Coupler Producers,’’ dated October 12,
2021.
25 See Strato’s Letter, ‘‘Strato Support for
Rejecting Petition: Antidumping & Countervailing
Duty Investigation of Freight Rail Coupler Systems
and Components Thereof from the People’s
Republic of China,’’ dated October 13, 2021.
26 See Petitioner’s Letter, ‘‘Freight Rail Car
Coupler Systems and Certain Components Thereof
from the People’s Republic of China: Response to
Strato and Wabtec,’’ dated October 14, 2021
(Petitioner Letter II).
27 See China AD Initiation Checklist at
Attachment II.
28 Id.; see also section 732(c)(4)(D) of the Act.
29 See China AD Initiation Checklist at
Attachment II.
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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.30 Accordingly, Commerce
determines that the Petition was filed on
behalf of the domestic industry within
the meaning of section 732(b)(1) of the
Act.31
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.32
The petitioner contends that the
industry’s injured condition is
illustrated by a significant volume of
subject imports; reduced market share;
underselling and price depression and/
or suppression; lost sales and revenues;
declines in production, U.S. shipments,
and capacity utilization; decline in
employment; decline in financial
performance; and the magnitude of the
estimated dumping margin.33 We
assessed the allegations and supporting
evidence regarding material injury,
threat of material injury, causation, as
well as negligibility, and we have
determined that these allegations are
properly supported by adequate
evidence and meet the statutory
requirements for initiation.34
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
the AD investigation of imports of
freight rail couplers from China. 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 China AD Initiation
Checklist.
31 Id.
Petition at Volume I at 27 and Exhibit I–
27.
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Normal Value
Commerce considers China to be an
NME country.37 In accordance with
section 771(18)(C)(i) of the Act, any
determination that a foreign country is
an NME country shall remain in effect
until revoked by Commerce. Therefore,
we continue to treat China as an NME
country for purposes of the initiation of
this investigation. Accordingly, NV in
China is appropriately based on FOPs
valued in a surrogate market economy
country, in accordance with section
773(c) of the Act.
The petitioner states that Brazil is an
appropriate surrogate country because
Brazil is a market economy country that
is at a level of economic development
comparable to that of China and is a
significant producer of comparable
merchandise.38 The petitioner
submitted publicly-available
information from Brazil to value all
FOPs.39 Based on the information
provided by the petitioner, we
determine that it is appropriate to use
Brazil as a surrogate country for China
for initiation purposes.
Interested parties will have the
opportunity to submit comments
regarding surrogate country selections
and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an
opportunity to submit publicly available
information to value FOPs within 30
days before the scheduled date of the
preliminary determination.
Factors of Production
The petitioner used the productspecific consumption rates of a U.S.
producer of freight rail couplers as a
surrogate to value Chinese
manufacturers’ FOPs.40 Additionally,
35 See
the China AD Initiation Checklist.
36 Id.
30 Id.
32 See
U.S. Price
The petitioner based export price (EP)
on information from a quoted sales offer
for freight rail couplers produced in and
exported from China by a Chinese
producer.35 The petitioner made
adjustments for foreign inland freight
and foreign brokerage and handling to
calculate an ex-factory U.S. price.36
33 Id. at 14–16, 22–44 and Exhibits I–3 through I–
5, I–11, I–13, I–14, and I–17 through I–47; see also
First General Issues Supplement at 11–13 and
Exhibit I–Supp–3.
34 See China AD Initiation Checklist at
Attachment III, Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions
Covering Certain Freight Rail Coupler Systems and
Components Thereof from the People’s Republic of
China.
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Jkt 256001
37 See, e.g., Antidumping Duty Investigation of
Certain Aluminum Foil from the People’s Republic
of China: Affirmative Preliminary Determination of
Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861
(November 2, 2017), and accompanying Preliminary
Decision Memorandum at ‘‘China’s Status as a NonMarket Economy,’’ unchanged in Certain
Aluminum Foil from the People’s Republic of
China: Final Determination of Sales at Less Than
Fair Value, 83 FR 9282 (March 5, 2018).
38 See Petition at Volume II at 8–9.
39 Id. at 10 and Exhibit II–15.
40 Id. at 1 and 10–12 and Exhibits II–11 and II–
14.
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58867
the petitioner calculated factory
overhead; selling, general and
administrative expenses; and profit
based on the experience of a Brazilian
producer of comparable merchandise
(i.e., steel components).41
Fair Value Comparisons
Based on the data provided by the
petitioner, there is reason to believe that
imports of freight rail couplers from
China are being, or are likely to be, sold
in the United States at LTFV. Based on
a comparison of EP to NV, in
accordance with sections 772 and 773 of
the Act, the estimated dumping margins
for freight rail couplers from China are
142.98 and 147.11 percent ad
valorem.42
Initiation of LTFV Investigation
Based upon our examination of the
Petition on freight rail couplers from
China and supplemental responses, we
find that the Petition meets the
requirements of section 732 of the Act.
Therefore, we are initiating an AD
investigation to determine whether
imports of freight rail couplers from
China 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
In the Petition, the petitioner named
eight companies in China as producers
and/or exporters of freight rail
couplers.43
In accordance with our standard
practice for respondent selection in AD
investigations involving NME countries,
Commerce selects respondents based on
quantity and value (Q&V)
questionnaires in cases where it has
determined that the number of
companies is large and it cannot
individually examine each company
based upon its resources. Therefore,
considering the number of producers
and exporters identified in the Petition,
Commerce will solicit Q&V information
that can serve as a basis for selecting
exporters for individual examination in
the event that Commerce decides to
limit the number of respondents
individually examined pursuant to
section 777A(c)(2) of the Act. Because
there are eight producers and/or
exporters identified in the Petition,
Commerce has determined that it will
41 Id.
at 17–18 and Exhibit II–23 and II–24.
China AD Initiation Checklist.
43 See Petition at Volume I at 13 and Exhibit I–
10.
42 See
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issue Q&V questionnaires to each
potential respondent for which the
petitioner has provided a complete
address.
In addition, Commerce will post the
Q&V questionnaire along with filing
instructions on E&C’s website at https://
enforcement.trade.gov/questionnaires/
questionnaires-ad.html. Producers/
exporters of freight rail couplers from
China 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 E&C’s website. In
accordance with the standard practice
for respondent selection in AD cases
involving NME countries, in the event
Commerce decides to limit the number
of respondents individually
investigated, Commerce intends to base
respondent selection on the responses to
the Q&V questionnaire that it receives.
Responses to the Q&V questionnaire
must be submitted by the relevant
Chinese producers/exporters no later
than 5:00 p.m. ET on November 2, 2021,
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 E&C’s website at
https://enforcement.trade.gov/apo.
Commerce intends to finalize its
decisions regarding respondent
selection within 20 days of publication
of this notice.
Separate Rates
In order to obtain separate-rate status
in an NME investigation, exporters and
producers must submit a separate-rate
application.44 The specific requirements
for submitting a separate-rate
application in a China investigation are
outlined in detail in the application
itself, which is available on E&C’s
website at https://enforcement.trade.gov/
nme/nme-sep-rate.html. The separaterate application will be due 30 days
after publication of this initiation
notice. Producers/exporters who submit
a separate-rate application and have
been selected as mandatory respondents
44 See Policy Bulletin 05.1: ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigation involving NME
Countries,’’ (April 5, 2005), available at https://
enforcement.trade.gov/policy/bull05-1.pdf (Policy
Bulletin 05.1).
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Jkt 256001
will be eligible for consideration for
separate-rate status only if they respond
to all parts of Commerce’s AD
questionnaire as mandatory
respondents. Commerce requires that
respondents from China submit a
response to both the Q&V questionnaire
and the separate-rate application by the
respective deadlines in order to receive
consideration for separate-rate status.
Companies not filing a timely Q&V
questionnaire response will not receive
separate rate consideration.
Use of Combination Rates
Commerce will calculate combination
rates for certain respondents that are
eligible for a separate rate in an NME
investigation. The Separate Rates and
Combination Rates Bulletin states:
{w}hile continuing the practice of
assigning separate rates only to exporters, all
separate rates that {Commerce} will now
assign in its NME Investigations will be
specific to those producers that supplied the
exporter during the period of investigation.
Note, however, that one rate is calculated for
the exporter and all of the producers which
supplied subject merchandise to it during the
period of investigation. This practice applies
both to mandatory respondents receiving an
individually calculated separate rate as well
as the pool of non-investigated firms
receiving the weighted-average of the
individually calculated rates. This practice is
referred to as the application of ‘‘combination
rates’’ because such rates apply to specific
combinations of exporters and one or more
producers. The cash-deposit rate assigned to
an exporter will apply only to merchandise
both exported by the firm in question and
produced by a firm that supplied the exporter
during the period of investigation.45
Distribution of Copies of the AD
Petition
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 Petition has been provided to the
Government of China via ACCESS.
Furthermore, to the extent practicable,
Commerce will attempt to provide a
copy of the public version of the
Petition to each exporter named in the
Petition, 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 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
freight rail couplers from China are
materially injuring, or threatening
material injury to, a U.S. industry.46 A
negative ITC determination will result
in the investigation being terminated.47
Otherwise, the investigation will
proceed according to statutory and
regulatory time limits.
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 48 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.49 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 this
investigation.
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.
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, we 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, Commerce will inform
parties in a letter or memorandum of the
deadline (including a specified time) by
46 See
48 See
45 See
PO 00000
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Frm 00010
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Sfmt 4703
section 733(a) of the Act.
47 Id.
49 See
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19 CFR 351.301(b).
19 CFR 351.301(b)(2).
25OCN1
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which extension requests must be filed
to be considered timely. An extension
request must be made in a separate,
stand-alone submission; under limited
circumstances we will grant untimelyfiled requests for the extension of time
limits. Parties should review
Commerce’s regulations concerning the
extension of time limits and the Time
Limits Final Rule, prior to submitting
factual information in this
investigation.50
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.51
Parties must use the certification
formats provided in 19 CFR
351.303(g).52 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
jspears on DSK121TN23PROD with NOTICES1
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
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)).53 Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information until further notice.54
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
50 See 19 CFR 351; see also Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20,
2013) (Time Limits Final Rule), available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/201322853.htm.
51 See section 782(b) of the Act.
52 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
53 See Antidumping and Countervailing Duty
Proceedings: Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January 22, 2008).
54 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
VerDate Sep<11>2014
18:00 Oct 22, 2021
Jkt 256001
Dated: October 19, 2021.
Ryan Majerus,
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 Investigation
The scope of this investigation covers
freight rail car coupler systems and certain
components thereof. Freight rail car coupler
systems are composed of, at minimum, four
main components (knuckles, coupler bodies,
coupler yokes, and follower blocks, as
specified below) but may also include other
items (e.g., coupler locks, lock lift assemblies,
knuckle pins, knuckle throwers, and rotors).
The components covered by the investigation
include: (1) E coupler bodies; (2) E/F coupler
bodies; (3) F coupler bodies; (4) E yokes; (5)
F yokes; (6) E knuckles; (7) F knuckles; (8)
E type follower blocks; and (9) F type
follower blocks, as set forth by the
Association of American Railroads (AAR).
The freight rail coupler components are
included within the scope of the
investigation when imported individually, or
in some combination thereof, such as in the
form of a coupler fit (a coupler body and
knuckle assembled together), independent
from a coupler system.
Subject freight rail car coupler systems and
components are included within the scope
whether finished or unfinished, whether
imported individually or with other subject
or non-subject components, whether
assembled or unassembled, whether mounted
or unmounted, or if joined with non-subject
merchandise, such as other non-subject
system parts or a completed rail car.
Finishing includes, but is not limited to, arc
washing, welding, grinding, shot blasting,
heat treatment, machining, and assembly of
various components. When a subject coupler
system or subject components are mounted
on or to other non-subject merchandise, such
as a rail car, only the coupler system or
subject components are covered by the scope.
The finished products covered by the
scope of this investigation meet or exceed the
AAR specifications of M–211, ‘‘Foundry and
Product Approval Requirements for the
Manufacture of Couplers, Coupler Yokes,
Knuckles, Follower Blocks, and Coupler
Parts’’ 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 coupler
systems and components, whether fully
assembled, unfinished or finished, or
attached to a rail car, is the country where
the subject coupler components were cast or
forged. Subject merchandise includes coupler
components as defined above that have been
further processed or further assembled,
including those coupler components attached
to a rail car 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
components. The inclusion, attachment,
joining, or assembly of non-subject
components with subject components or
coupler systems either in the country of
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Sfmt 4703
58869
manufacture of the in-scope product or in a
third country does not remove the subject
components or coupler systems from the
scope.
The coupler systems that are the subject of
this investigation are currently classifiable in
the Harmonized Tariff Schedule of the
United States (HTSUS) statistical reporting
number 8607.30.1000. Unfinished subject
merchandise may also enter under HTSUS
statistical reporting number 7326.90.8688.
Subject merchandise attached to finished rail
cars may also enter under HTSUS statistical
reporting numbers 8606.10.0000,
8606.30.0000, 8606.91.0000, 8606.92.0000,
8606.99.0130, 8606.99.0160, or under
subheading 9803.00.5000 if imported as an
Instrument of International Traffic. These
HTSUS subheadings are provided for
convenience and customs purposes only; the
written description of the scope of the
investigation is dispositive.
[FR Doc. 2021–23231 Filed 10–22–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–823]
Polyester Textured Yarn From
Malaysia: Final Affirmative
Determination of Sales at Less-Than
Fair-Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that polyester
textured yarn (yarn) from Malaysia is
being, or is likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation is
October 1, 2019, through September 30,
2020.
DATES: Applicable October 25, 2021.
FOR FURTHER INFORMATION CONTACT:
Daniel Alexander, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4313.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 3, 2021, Commerce published
in the Federal Register the preliminary
affirmative determination in the LTFV
investigation of yarn from Malaysia.1
1 See Polyester Textured Yarn from Malaysia:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional
Measures, 86 FR 29748 (June 3, 2021) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum (PDM).
E:\FR\FM\25OCN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Pages 58864-58869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23231]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-143]
Freight Rail Coupler Systems and Certain Components Thereof From
the People's Republic of China: Initiation of Less-Than-Fair-Value
Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce
DATES: Applicable October 19, 2021.
FOR FURTHER INFORMATION CONTACT: Mark Harrison, AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-0357.
SUPPLEMENTARY INFORMATION:
The Petition
On September 29, 2021, the U.S. Department of Commerce (Commerce)
received an antidumping duty (AD) petition concerning imports of
freight rail coupler systems and certain components thereof (freight
rail couplers) from the People's Republic of China (China) filed in
proper form on behalf of the Coalition of Freight Coupler Producers
(the petitioner).\1\ On October 6, 2021, the petitioner filed an
amendment to the Petition, clarifying the identity of the members of
the Coalition of Freight Coupler Producers, the members of which are,
or represent, domestic producers of freight rail couplers.\2\ The
Petition was accompanied by a countervailing duty (CVD) petition
concerning imports of freight rail couplers from China.\3\
---------------------------------------------------------------------------
\1\ See Petitioner's Letter, ``Certain Freight Rail Coupler
Systems and Components Thereof from the People's Republic of China:
Petitions for the Imposition of Antidumping and Countervailing
Duties,'' dated September 29, 2021 (the Petition).
\2\ See Petitioner's Letters, ``Amended Entry of Appearance: A-
570-143,'' dated October 6, 2021 (Amended EOA) and ``Freight Rail
Coupler Systems and Certain Components Thereof from the People's
Republic of China: Response to First Supplemental Questions for on
Volume I General Issues and Injury Petition,'' dated October 6, 2021
(First General Issues Supplement). The petitioner notes that, per
the Amended EOA, the members of the Coalition of Freight Coupler
Producers are: McConway & Torley, LLC and the United Steel, Paper &
Forestry, Rubber, Manufacturing, Energy, Allied Industrial and
Service Worker International Union, AFL-CIO, CLC (the USW). The
petitioner further notes that Amsted Rail Company, Inc. (Amsted) is
no longer a member of the petitioning coalition and that the USW
represents the workers at Amsted's Granite, IL facility. See First
General Issues Supplement at 8.
\3\ See the Petition.
---------------------------------------------------------------------------
On October 1, 4, 8, and 15, 2021, Commerce requested supplemental
information pertaining to certain aspects of the Petition in both
general and AD-specific separate supplemental questionnaires and phone
calls with the petitioner.\4\ On October 6, 12, and 18,
[[Page 58865]]
2021, the petitioner filed timely responses to these requests for
additional information.\5\
---------------------------------------------------------------------------
\4\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Certain Freight
Rail Coupler Systems and Components Thereof from the People's
Republic of China: Supplemental Questions,'' dated October 4, 2021
(General Issues Supplemental); ``Petition for the Imposition of
Antidumping Duties on Imports of Certain Freight Rail Coupler
Systems and Components Thereof from the People's Republic of China:
Supplemental Questions,'' dated October 4, 2021; Memorandum,
``Petitions for the Imposition of Antidumping and Countervailing
Duties on Imports of Certain Freight Rail Coupler Systems and
Components Thereof from the People's Republic of China: Phone Call
with Counsel to the Petitioner,'' dated October 4, 2021 (October 4,
2021, Phone Call Memorandum); Memorandum, ``Petitions for the
Imposition of Antidumping and Countervailing Duties on Imports of
Certain Freight Rail Coupler Systems and Components Thereof from the
People's Republic of China: Phone Call with Counsel to the
Petitioner,'' dated October 8, 2021 (October 8, 2021, Phone Call
Memorandum); and Memorandum, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Certain Freight
Rail Coupler Systems and Components Thereof from the People's
Republic of China: Phone Call with Counsel to the Petitioner,''
dated October 15, 2021 (October 15, 2021, Phone Call Memorandum).
\5\ See Petitioner's Letters, ``Freight Rail Coupler Systems and
Components Thereof from the People's Republic of China: Responses to
Supplemental Questions for on Volume I General Issues and Injury
Petition,'' dated October 6, 2021 (First General Issues Supplement);
``Certain Freight Rail Coupler Systems and Components Thereof from
the People's Republic of China: Response to Supplemental Questions
for Volume II China Antidumping Duty Petition,'' dated October 6,
2021; ``Freight Rail Car Coupler Systems and Certain Components
Thereof from the People's Republic of China: Response to Second
Supplemental Questions on Volume I General Issues and Injury
Petition,'' dated October 12, 2021 (Second General Issues
Supplement); and ``Freight Rail Car Coupler Systems and Certain
Components Thereof from the People's Republic of China: Response to
Third Supplemental Questions on Volume I General Issues and Injury
Petition,'' dated October 18, 2021 (Scope Clarification).
---------------------------------------------------------------------------
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 China 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 domestic freight rail couplers
industry in the United States. Consistent with section 732(b)(1) of the
Act, the Petition is accompanied by information reasonably available to
the petitioner supporting the allegation.
Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry because the petitioner is an interested party, as
defined in section 771(9)(E) of the Act. Commerce also finds that the
petitioner demonstrated sufficient industry support for the initiation
of the requested AD investigation.\6\
---------------------------------------------------------------------------
\6\ See ``Determination of Industry Support for the Petition''
section, infra.
---------------------------------------------------------------------------
Period of Investigation
Because China is a non-market economy (NME) country, pursuant to 19
CFR 351.204(b)(1), the period of investigation (POI) is January 1,
2021, through June 30, 2021.
Scope of the Investigation
The product covered by this investigation is freight rail couplers
from China. For a full description of the scope of this investigation,
see the appendix to this notice.
Comments on the Scope of the Investigation
On October 4, 8, and 15, 2021, Commerce requested further
information from the petitioner regarding the proposed scope to ensure
that the scope language in the Petition is an accurate reflection of
the products for which the domestic industry is seeking relief.\7\ On
October 6, 12, and 18, 2021, the petitioner revised the scope.\8\ The
description of the merchandise covered by this investigation, as
described in the appendix to this notice, reflects these
clarifications. In its October 18, 2021, submission, the petitioner
provided additional explanation of the language in the scope of the
investigation pertaining to the inclusion of freight rail couplers
imported as part of a rail car (``{w{time} hen mounted on or to other
non-subject merchandise, such as a rail car, only the complete coupler
system is covered by the scope''), including freight rail couplers
attached to rail cars in, and imported from, third countries
(``{s{time} ubject merchandise includes coupler components as defined
above that have been further processed or further assembled, including
those coupler components attached to a rail car in third
countries.'').\9\ While Commerce has adopted this provision for
purposes of initiation, we invite parties to this proceeding to comment
on this provision along with their scope comments (as detailed below).
---------------------------------------------------------------------------
\7\ See General Issues Supplemental; see also October 4, 2021,
Phone Call Memorandum; October 8, 2021, Phone Call Memorandum; and
October 15, 2021, Phone Call Memorandum.
\8\ See First General Issues Supplement at 1-7 and Exhibit I-
Supp-1; see also Second General Issues Supplement at 1-4 and Exhibit
I-2Supp-1; see also Scope Clarification at 1-9 and Exhibit I-3Supp-
1.
\9\ See Scope Clarification.
---------------------------------------------------------------------------
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).\10\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determination. If scope comments include factual information, all such
factual information should be limited to public information.\11\ To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit such comments by 5:00 p.m. Eastern Time
(ET) on November 8, 2021, which is 20 calendar days from the signature
date of this notice. Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on November 18, 2021, which
is 10 calendar days from the initial comment deadline.\12\
---------------------------------------------------------------------------
\10\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\11\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\12\ See 19 CFR 351.303(b).
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of the investigation be submitted during
this period. However, if a party subsequently finds that additional
factual information pertaining to the scope of the investigation may be
relevant, the party may contact Commerce and request permission to
submit the additional information. All scope submissions must be filed
on the records of the concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's (E&C's) Antidumping Duty and
Countervailing Duty Centralized Electronic Service System (ACCESS),
unless an exception applies.\13\ An electronically filed document must
be received successfully in its entirety by the time and date it is
due.
---------------------------------------------------------------------------
\13\ 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 help using
ACCESS can be found at https://access.trade.gov/help.aspx and a
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------
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 factors of
production (FOPs) 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. 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
November 8, 2021, which is 20 calendar days from the signature date of
this notice. Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on November 18, 2021, which
is 10 calendar days after the
[[Page 58866]]
initial comment deadline. All comments and submissions to Commerce must
be filed electronically using ACCESS, as explained above, on the record
of the AD investigation.
Determination of Industry Support for the Petition
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 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 must 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 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 investigation.\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\ See Petition at Volume I at 16-21 and Exhibits I-4, I-7,
and I-15; see also First General Issues Supplement at 10-11; and
Second General Issues Supplement at 6-7.
\17\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Antidumping Duty Investigation Initiation Checklist:
Certain Freight Rail Coupler Systems and Components Thereof from the
People's Republic of China,'' dated concurrently with this Federal
Register notice (China AD Initiation Checklist) at Attachment II,
Analysis of Industry Support for the Antidumping and Countervailing
Duty Petitions Covering Certain Freight Rail Coupler Systems and
Components Thereof from the People's Republic of China (Attachment
II).
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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 Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
own production of freight rail couplers in 2020.\18\ The petitioner
estimated production for the only other known producer of freight rail
couplers in the United States.\19\ The petitioner compared its
production to the estimated total 2020 production of the domestic like
product for the entire domestic industry.\20\ We relied on data
provided by the petitioner for purposes of measuring industry
support.\21\
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\18\ See Petition at Volume I at 3-4; see also First General
Issues Supplement at 8-10 and Exhibit I-Supp-2; and Second General
Issues Supplement at 4-5.
\19\ See Petition at Volume I at 3-4 and Exhibit I-5; see also
First General Issues Supplement at 9-10 and Exhibit I-Supp-2; and
Second General Issues Supplement at 5 and Exhibit I-2Supp-2.
\20\ See Petition at Volume I at 3-4 and Exhibit I-5; see also
First General Issues Supplement at 8-10 and Exhibit I-Supp-2; and
Second General Issues Supplement at 5.
\21\ See Petition at Volume I at 2-4 and Exhibits I-3 through I-
5; see also First General Issues Supplement at 7-10 and Exhibits I-
Supp-2 and I-Supp-3; and Second General Issues Supplement at 4-5 and
Exhibit I-2Supp-2.
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On October 7, 2021, we received comments on industry support from
Wabtec Corporation (Wabtec), a U.S. importer of freight rail
couplers.\22\ On October 12, 2021, the petitioner responded to the
comments from Wabtec.\23\ On October 12, 2021, we received additional
comments from Wabtec.\24\ On October 13, 2021, we received comments on
industry support from Strato, Inc. (Strato), a U.S. importer of freight
rail couplers.\25\ On October 14, 2021, the petitioner responded to the
comments from Strato and Wabtec.\26\
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\22\ See Wabtec's Letter, ``Certain Freight Rail Coupler Systems
and Components Thereof from the People's Republic of China: Request
for Department to Deny the Petitions for Imposition of Duties Filed
by the Coalition of Freight Coupler Producers as Legally Infirm,''
dated October 7, 2021.
\23\ See Petitioner's Letter, ``Freight Rail Coupler Systems and
Certain Components Thereof from the People's Republic of China:
Response to Wabtec,'' dated October 12, 2021 (Petitioner Letter I).
\24\ See Wabtec's Letter, ``Certain Freight Rail Coupler Systems
and Components Thereof from the People's Republic of China: Reply in
Support of Request for Department to Deny the Petitions for
Imposition of Duties Filed by the Coalition of Freight Coupler
Producers,'' dated October 12, 2021.
\25\ See Strato's Letter, ``Strato Support for Rejecting
Petition: Antidumping & Countervailing Duty Investigation of Freight
Rail Coupler Systems and Components Thereof from the People's
Republic of China,'' dated October 13, 2021.
\26\ See Petitioner's Letter, ``Freight Rail Car Coupler Systems
and Certain Components Thereof from the People's Republic of China:
Response to Strato and Wabtec,'' dated October 14, 2021 (Petitioner
Letter II).
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Our review of the data provided in the Petition, the First General
Issues Supplement, the Second General Issues Supplement, Petitioner
Letters I and II, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petition.\27\ 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, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\28\ 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 Petition account for at least 25 percent of the total
production of the domestic like product.\29\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act
[[Page 58867]]
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.\30\ Accordingly, Commerce
determines that the Petition was filed on behalf of the domestic
industry within the meaning of section 732(b)(1) of the Act.\31\
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\27\ See China AD Initiation Checklist at Attachment II.
\28\ Id.; see also section 732(c)(4)(D) of the Act.
\29\ See China AD Initiation Checklist at Attachment II.
\30\ Id.
\31\ 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.\32\
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\32\ See Petition at Volume I at 27 and Exhibit I-27.
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The petitioner contends that the industry's injured condition is
illustrated by a significant volume of subject imports; reduced market
share; underselling and price depression and/or suppression; lost sales
and revenues; declines in production, U.S. shipments, and capacity
utilization; decline in employment; decline in financial performance;
and the magnitude of the estimated dumping margin.\33\ We assessed the
allegations and supporting evidence regarding material injury, threat
of material injury, causation, as well as negligibility, and we have
determined that these allegations are properly supported by adequate
evidence and meet the statutory requirements for initiation.\34\
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\33\ Id. at 14-16, 22-44 and Exhibits I-3 through I-5, I-11, I-
13, I-14, and I-17 through I-47; see also First General Issues
Supplement at 11-13 and Exhibit I-Supp-3.
\34\ See China AD Initiation Checklist at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Certain Freight Rail Coupler Systems and Components Thereof
from the People's Republic of China.
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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 the AD investigation
of imports of freight rail couplers from China. 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 China AD Initiation
Checklist.
U.S. Price
The petitioner based export price (EP) on information from a quoted
sales offer for freight rail couplers produced in and exported from
China by a Chinese producer.\35\ The petitioner made adjustments for
foreign inland freight and foreign brokerage and handling to calculate
an ex-factory U.S. price.\36\
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\35\ See the China AD Initiation Checklist.
\36\ Id.
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Normal Value
Commerce considers China to be an NME country.\37\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat China as an NME country for
purposes of the initiation of this investigation. Accordingly, NV in
China is appropriately based on FOPs valued in a surrogate market
economy country, in accordance with section 773(c) of the Act.
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\37\ See, e.g., Antidumping Duty Investigation of Certain
Aluminum Foil from the People's Republic of China: Affirmative
Preliminary Determination of Sales at Less-Than-Fair Value and
Postponement of Final Determination, 82 FR 50858, 50861 (November 2,
2017), and accompanying Preliminary Decision Memorandum at ``China's
Status as a Non-Market Economy,'' unchanged in Certain Aluminum Foil
from the People's Republic of China: Final Determination of Sales at
Less Than Fair Value, 83 FR 9282 (March 5, 2018).
---------------------------------------------------------------------------
The petitioner states that Brazil is an appropriate surrogate
country because Brazil is a market economy country that is at a level
of economic development comparable to that of China and is a
significant producer of comparable merchandise.\38\ The petitioner
submitted publicly-available information from Brazil to value all
FOPs.\39\ Based on the information provided by the petitioner, we
determine that it is appropriate to use Brazil as a surrogate country
for China for initiation purposes.
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\38\ See Petition at Volume II at 8-9.
\39\ Id. at 10 and Exhibit II-15.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selections and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
The petitioner used the product-specific consumption rates of a
U.S. producer of freight rail couplers as a surrogate to value Chinese
manufacturers' FOPs.\40\ Additionally, the petitioner calculated
factory overhead; selling, general and administrative expenses; and
profit based on the experience of a Brazilian producer of comparable
merchandise (i.e., steel components).\41\
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\40\ Id. at 1 and 10-12 and Exhibits II-11 and II-14.
\41\ Id. at 17-18 and Exhibit II-23 and II-24.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of freight rail couplers from China are being, or
are likely to be, sold in the United States at LTFV. Based on a
comparison of EP to NV, in accordance with sections 772 and 773 of the
Act, the estimated dumping margins for freight rail couplers from China
are 142.98 and 147.11 percent ad valorem.\42\
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\42\ See China AD Initiation Checklist.
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Initiation of LTFV Investigation
Based upon our examination of the Petition on freight rail couplers
from China and supplemental responses, we find that the Petition meets
the requirements of section 732 of the Act. Therefore, we are
initiating an AD investigation to determine whether imports of freight
rail couplers from China 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
In the Petition, the petitioner named eight companies in China as
producers and/or exporters of freight rail couplers.\43\
---------------------------------------------------------------------------
\43\ See Petition at Volume I at 13 and Exhibit I-10.
---------------------------------------------------------------------------
In accordance with our standard practice for respondent selection
in AD investigations involving NME countries, Commerce selects
respondents based on quantity and value (Q&V) questionnaires in cases
where it has determined that the number of companies is large and it
cannot individually examine each company based upon its resources.
Therefore, considering the number of producers and exporters identified
in the Petition, Commerce will solicit Q&V information that can serve
as a basis for selecting exporters for individual examination in the
event that Commerce decides to limit the number of respondents
individually examined pursuant to section 777A(c)(2) of the Act.
Because there are eight producers and/or exporters identified in the
Petition, Commerce has determined that it will
[[Page 58868]]
issue Q&V questionnaires to each potential respondent for which the
petitioner has provided a complete address.
In addition, Commerce will post the Q&V questionnaire along with
filing instructions on E&C's website at https://enforcement.trade.gov/questionnaires/questionnaires-ad.html. Producers/exporters of freight
rail couplers from China 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 E&C's website. In accordance with the
standard practice for respondent selection in AD cases involving NME
countries, in the event Commerce decides to limit the number of
respondents individually investigated, Commerce intends to base
respondent selection on the responses to the Q&V questionnaire that it
receives.
Responses to the Q&V questionnaire must be submitted by the
relevant Chinese producers/exporters no later than 5:00 p.m. ET on
November 2, 2021, 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
E&C's website at https://enforcement.trade.gov/apo. Commerce intends to
finalize its decisions regarding respondent selection within 20 days of
publication of this notice.
Separate Rates
In order to obtain separate-rate status in an NME investigation,
exporters and producers must submit a separate-rate application.\44\
The specific requirements for submitting a separate-rate application in
a China investigation are outlined in detail in the application itself,
which is available on E&C's website at https://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate application will be due 30
days after publication of this initiation notice. Producers/exporters
who submit a separate-rate application and have been selected as
mandatory respondents will be eligible for consideration for separate-
rate status only if they respond to all parts of Commerce's AD
questionnaire as mandatory respondents. Commerce requires that
respondents from China submit a response to both the Q&V questionnaire
and the separate-rate application by the respective deadlines in order
to receive consideration for separate-rate status. Companies not filing
a timely Q&V questionnaire response will not receive separate rate
consideration.
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\44\ See Policy Bulletin 05.1: ``Separate-Rates Practice and
Application of Combination Rates in Antidumping Investigation
involving NME Countries,'' (April 5, 2005), available at https://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 05.1).
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Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate
rates only to exporters, all separate rates that {Commerce{time}
will now assign in its NME Investigations will be specific to those
producers that supplied the exporter during the period of
investigation. Note, however, that one rate is calculated for the
exporter and all of the producers which supplied subject merchandise
to it during the period of investigation. This practice applies both
to mandatory respondents receiving an individually calculated
separate rate as well as the pool of non-investigated firms
receiving the weighted-average of the individually calculated rates.
This practice is referred to as the application of ``combination
rates'' because such rates apply to specific combinations of
exporters and one or more producers. The cash-deposit rate assigned
to an exporter will apply only to merchandise both exported by the
firm in question and produced by a firm that supplied the exporter
during the period of investigation.\45\
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\45\ See Policy Bulletin 05.1 at 6 (emphasis added).
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Distribution of Copies of the AD Petition
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 Petition has been
provided to the Government of China via ACCESS. Furthermore, to the
extent practicable, Commerce will attempt to provide a copy of the
public version of the Petition to each exporter named in the Petition,
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 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 freight rail couplers from China are
materially injuring, or threatening material injury to, a U.S.
industry.\46\ A negative ITC determination will result in the
investigation being terminated.\47\ Otherwise, the investigation will
proceed according to statutory and regulatory time limits.
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\46\ See section 733(a) of the Act.
\47\ 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 \48\ 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.\49\ 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 this investigation.
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\48\ See 19 CFR 351.301(b).
\49\ See 19 CFR 351.301(b)(2).
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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. 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, we 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, Commerce will inform parties in a letter or memorandum of the
deadline (including a specified time) by
[[Page 58869]]
which extension requests must be filed to be considered timely. An
extension request must be made in a separate, stand-alone submission;
under limited circumstances we will grant untimely-filed requests for
the extension of time limits. Parties should review Commerce's
regulations concerning the extension of time limits and the Time Limits
Final Rule, prior to submitting factual information in this
investigation.\50\
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\50\ See 19 CFR 351; see also Extension of Time Limits; Final
Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final Rule),
available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\51\
Parties must use the certification formats provided in 19 CFR
351.303(g).\52\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\51\ See section 782(b) of the Act.
\52\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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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 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)).\53\ Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information until further notice.\54\
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\53\ See Antidumping and Countervailing Duty Proceedings:
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January
22, 2008).
\54\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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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: October 19, 2021.
Ryan Majerus,
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 Investigation
The scope of this investigation covers freight rail car coupler
systems and certain components thereof. Freight rail car coupler
systems are composed of, at minimum, four main components (knuckles,
coupler bodies, coupler yokes, and follower blocks, as specified
below) but may also include other items (e.g., coupler locks, lock
lift assemblies, knuckle pins, knuckle throwers, and rotors). The
components covered by the investigation include: (1) E coupler
bodies; (2) E/F coupler bodies; (3) F coupler bodies; (4) E yokes;
(5) F yokes; (6) E knuckles; (7) F knuckles; (8) E type follower
blocks; and (9) F type follower blocks, as set forth by the
Association of American Railroads (AAR). The freight rail coupler
components are included within the scope of the investigation when
imported individually, or in some combination thereof, such as in
the form of a coupler fit (a coupler body and knuckle assembled
together), independent from a coupler system.
Subject freight rail car coupler systems and components are
included within the scope whether finished or unfinished, whether
imported individually or with other subject or non-subject
components, whether assembled or unassembled, whether mounted or
unmounted, or if joined with non-subject merchandise, such as other
non-subject system parts or a completed rail car. Finishing
includes, but is not limited to, arc washing, welding, grinding,
shot blasting, heat treatment, machining, and assembly of various
components. When a subject coupler system or subject components are
mounted on or to other non-subject merchandise, such as a rail car,
only the coupler system or subject components are covered by the
scope.
The finished products covered by the scope of this investigation
meet or exceed the AAR specifications of M-211, ``Foundry and
Product Approval Requirements for the Manufacture of Couplers,
Coupler Yokes, Knuckles, Follower Blocks, and Coupler Parts'' 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 coupler systems and
components, whether fully assembled, unfinished or finished, or
attached to a rail car, is the country where the subject coupler
components were cast or forged. Subject merchandise includes coupler
components as defined above that have been further processed or
further assembled, including those coupler components attached to a
rail car 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 components. The inclusion, attachment, joining, or assembly
of non-subject components with subject components or coupler systems
either in the country of manufacture of the in-scope product or in a
third country does not remove the subject components or coupler
systems from the scope.
The coupler systems that are the subject of this investigation
are currently classifiable in the Harmonized Tariff Schedule of the
United States (HTSUS) statistical reporting number 8607.30.1000.
Unfinished subject merchandise may also enter under HTSUS
statistical reporting number 7326.90.8688. Subject merchandise
attached to finished rail cars may also enter under HTSUS
statistical reporting numbers 8606.10.0000, 8606.30.0000,
8606.91.0000, 8606.92.0000, 8606.99.0130, 8606.99.0160, or under
subheading 9803.00.5000 if imported as an Instrument of
International Traffic. These HTSUS subheadings are provided for
convenience and customs purposes only; the written description of
the scope of the investigation is dispositive.
[FR Doc. 2021-23231 Filed 10-22-21; 8:45 am]
BILLING CODE 3510-DS-P
