Freight Rail Coupler Systems and Certain Components Thereof From the People's Republic of China: Initiation of Countervailing Duty Investigation, 58878-58883 [2021-23232]
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Federal Register / Vol. 86, No. 203 / Monday, October 25, 2021 / Notices
Continuation of Suspension of
Liquidation
for consumption on or after the effective
date of the suspension of liquidation.
In accordance with section
735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all entries of polyester
textured yarn from Vietnam, as
described in Appendix I of this notice,
which were entered or withdrawn from
warehouse for consumption on or after
June 3, 2021, the date of publication of
the Preliminary Determination of this
investigation in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of
the Act, upon the publication of this
notice, Commerce will instruct CBP to
require a cash deposit equal to the
weighted-average amount by which the
normal value exceeds U.S. price as
follows: (1) The cash deposit rate for the
exporter/producer combination listed in
the table above will be the rate
identified in the table; (2) for all
combinations of Vietnamese exporters/
producers of subject merchandise that
have not received their own separate
rate above, the cash-deposit rate will be
the cash deposit rate established for the
Vietnam-wide entity; and (3) for all nonVietnamese exporters of subject
merchandise which have not received
their own separate rate above, the cashdeposit rate will be the cash deposit rate
applicable to the Vietnamese exporter/
producer combination (or the Vietnamwide entity) that supplied that nonVietnamese exporter. These suspension
of liquidation instructions will remain
in effect until further notice.
Notification Regarding Administrative
Protective Order
This notice serves as a reminder to the
parties subject to an administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
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International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of our final
affirmative determination of sales at less
than fair value. Because the final
determination in this investigation is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
subject merchandise from Vietnam no
later than 45 days after our final
determination. If the ITC determines
that such injury does not exist, this
proceeding will be terminated and all
cash deposits posted will be refunded.
If the ITC determines that such injury
does exist, Commerce will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
Commerce, antidumping duties on all
imports of the subject merchandise
entered, or withdrawn from warehouse,
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Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act, and 19
CFR 351.210(c).
Dated: October 18, 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 I—Scope of the Investigation
The merchandise covered by this
investigation, polyester textured yarn, is
synthetic multifilament yarn that is
manufactured from polyester (polyethylene
terephthalate). Polyester textured yarn is
produced through a texturing process, which
imparts special properties to the filaments of
the yarn, including stretch, bulk, strength,
moisture absorption, insulation, and the
appearance of a natural fiber. This scope
includes all forms of polyester textured yarn,
regardless of surface texture or appearance,
yarn density and thickness (as measured in
denier), number of filaments, number of
plies, finish (luster), cross section, color, dye
method, texturing method, or packaging
method (such as spindles, tubes, or beams).
The merchandise subject to this
investigation is properly classified under
subheadings 5402.33.3000 and 5402.33.6000
of the Harmonized Tariff Schedule of the
United States (HTSUS). Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the merchandise is dispositive.
Appendix II—List of Topics Discussed
in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Surrogate Country
IV. Separate Rate
V. Vietnam-Wide Rate
VI. Changes Since the Preliminary
Determination
VII. Scope of the Investigation
VIII. Discussion of the Issues
Comment 1: Selection of Financial
Statements
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Comment 2: Calculations of Surrogate
Financial Ratios
Comment 3: Auxiliary Electricity
Comment 4: Electricity Valuation
Comment 5: Masterbatch PET Chips
Valuation
Comment 6: PET Chips Valuation
Comment 7: Scrap Offset
Comment 8: Polyethylene Strap
IX. Recommendation
[FR Doc. 2021–23127 Filed 10–22–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–144]
Freight Rail Coupler Systems and
Certain Components Thereof From the
People’s Republic of China: Initiation
of Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable October 19, 2021.
FOR FURTHER INFORMATION CONTACT:
Whitley Herndon, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6274.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
On September 29, 2021, the U.S.
Department of Commerce (Commerce)
received a countervailing duty (CVD)
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
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: C–570–144,’’ 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,
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accompanied by an antidumping duty
(AD) petition concerning 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.4 On October 6, 7, 12, and
18, 2021, the petitioner filed timely
responses to these requests for
additional information.5
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of China (GOC) is
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to producers of freight
rail couplers in China and that such
imports are materially injuring, or
threatening material injury to, the
domestic industry producing in the
United States. Consistent with section
702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs
on which we are initiating a CVD
investigation, the Petition is supported
by information reasonably available to
the petitioner.
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 with respect to the initiation of
the requested CVD investigation.6
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).
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); see also Petitioner’s
Letter, ‘‘Freight Rail Car Coupler Systems and
Certain Components Thereof from the People’s
Republic of China: Response to Supplemental
Questions on Volume III China Countervailing Duty
Petition—Questions 9 and 11,’’ dated October 7,
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).
Period of Investigation
Because the Petition was filed on
September 29, 2021, the period of
investigation is January 1, 2020, through
December 31, 2020.7
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Scope of the Investigation
The merchandise 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 Scope of the Investigation
On October 1, 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.8 On October 6, 12, and
18, 2021, the petitioner revised the
scope.9 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
6 See ‘‘Determination of Industry Support for the
Petition’’ section, infra.
7 See 19 CFR 351.204(b)(2).
8 See First General Issues Supplement
Questionnaire; see also October 4, 2021, Phone Call
Memorandum; October 8, 2021, Phone Call
Memorandum; and October 15, 2021, Phone Call
Memorandum.
9 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; and
Scope Clarification at Exhibit I–3Supp–1.
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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.’’).10 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).11 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.12 To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit scope 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.13 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.14
Commerce requests that any factual
information that the parties consider
relevant to the scope of the investigation
be submitted during this time 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 comments must
also be filed on the record of the
concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance (E&C)’s Antidumping Duty
and Countervailing Duty Centralized
10 See
Scope Clarification.
Antidumping Duties; Countervailing
Duties, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
12 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
13 See 19 CFR 351.303(b).
14 Commerce’s practice dictates that where a
deadline falls on a weekend or Federal holiday, the
appropriate deadline is the next business day. See
Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005);
see also 19 CFR 351.303(b).
11 See
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Electronic Service System (ACCESS),
unless an exception applies.15 An
electronically filed document must be
received successfully in its entirety by
the time and date it is due.
Consultations
Pursuant to sections 702(b)(4)(A)(i)
and (ii) of the Act, Commerce notified
the GOC of the receipt of the Petition
and provided it the opportunity for
consultations with respect to the CVD
Petition.16 The GOC requested
consultations,17 which were held via
video conference on October 18, 2021.18
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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,
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
15 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014), for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
16 See Commerce’s Letter, ‘‘Countervailing Duty
Petition on Certain Freight Rail Coupler Systems
and Components Thereof from the People’s
Republic of China,’’ dated September 29, 2021.
17 See GOC’s Letter, ‘‘Certain Freight Rail Coupler
Systems and Components Thereof from the People’s
Republic of China: Request for Consultation to
Discuss the Countervailing Duty Investigation
Petition,’’ dated October 11, 2021.
18 See Memorandum, ‘‘Petitions for the
Imposition of Countervailing Duties on Imports of
Certain Freight Rail Coupler Systems and
Components Thereof from the People’s Republic of
China: Consultations with Officials from the
Government of China,’’ dated October 18, 2021.
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18:00 Oct 22, 2021
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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,19 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.20
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.21 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.22
In determining whether the petitioner
has standing under section 702(c)(4)(A)
of the Act, we considered the industry
19 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)).
21 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.
22 For a discussion of the domestic like product
analysis as applied to this case and information
regarding industry support, see Checklist,
‘‘Countervailing 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 CVD 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).
20 See
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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
2020.23 The petitioner estimated
production for the only other known
producer of freight rail couplers in the
United States.24 The petitioner
compared its production to the
estimated total 2020 production of the
domestic like product for the entire
domestic industry.25 We relied on data
provided by the petitioner for purposes
of measuring industry support.26
On October 7, 2021, we received
comments on industry support from
Wabtec Corporation (Wabtec), a U.S.
importer of freight rail couplers.27 On
October 8, 2021, the petitioner
responded to the comments from
Wabtec.28 On October 12, 2021, we
received additional comments from
Wabtec.29 On October 13, 2021, we
received comments on industry support
from Strato, Inc. (Strato), a U.S. importer
of freight rail couplers.30 On October 14,
2021, the petitioner responded to the
comments from Strato and Wabtec.31
23 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.
24 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.
25 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.
26 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.
27 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.
28 See Petitioner’s Letter, ‘‘Freight Rail Coupler
Systems and Certain Components Thereof from the
People’s Republic of China: Response to Wabtec,’’
dated October 8, 2021 (Petitioner Letter I).
29 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.
30 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.
31 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.32 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).33 Second, the domestic
producers (or workers) have met the
statutory criteria 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.34 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.35 Accordingly, Commerce
determines that the Petition was filed on
behalf of the domestic industry within
the meaning of section 702(b)(1) of the
Act.36
Injury Test
Because China 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 China
materially injure, or threaten material
injury to, a U.S. industry.
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Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that imports of
the subject merchandise are benefitting
from countervailable subsidies and that
such imports threaten to cause material
injury to the U.S. industry producing
the domestic like product. In addition,
the petitioner alleges that subject
imports exceed the negligibility
32 See China CVD Initiation Checklist at
Attachment II.
33 Id.; see also section 702(c)(4)(D) of the Act.
34 See China CVD Initiation Checklist at
Attachment II.
35 Id.
36 Id.
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threshold provided for under section
771(24)(A) of the Act.37
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; and decline in financial
performance.38 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.39
Initiation of CVD Investigation
Based upon our examination of the
Petition and supplemental responses,
we find that the Petition meets the
requirements of section 702 of the Act.
Therefore, we are initiating a CVD
investigation to determine whether
imports of freight rail couplers from
China benefit from countervailable
subsidies conferred by the GOC. Based
on our review of the Petition, we find
that there is sufficient information to
initiate a CVD investigation on 33 of the
35 alleged programs. Additionally, we
find that there is sufficient information
to initiate on the allegation of the
creditworthiness of CRRC Corporation
Limited (CRRC) and will explore this
allegation in the investigation should
CRRC be selected as a mandatory
respondent. For a full discussion of the
basis for our decision to initiate on each
program, see China CVD Initiation
Checklist. The initiation checklist for
this investigation is available on
ACCESS. In accordance with section
703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will
make our preliminary determination no
later than 65 days after the date of this
initiation.
Respondent Selection
The petitioner named eight
companies in China as producers and/
37 See
Petition at Volume I at 27 and Exhibit I–
27.
38 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.
39 See China CVD 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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58881
or exporters of freight rail couplers.40
Commerce intends to follow its standard
practice in CVD investigations and
calculate company-specific subsidy
rates in this investigation. In the event
that Commerce determines that the
number of companies is large and it
cannot individually examine each
company based upon Commerce’s
resources, where appropriate,
Commerce intends to select mandatory
respondents based on quantity and
value (Q&V) questionnaires issued to
the potential respondents. Commerce
normally selects mandatory respondents
in CVD investigations using U.S.
Customs and Border Protection (CBP)
entry data for U.S. imports under the
appropriate Harmonized Tariff Schedule
of the United States (HTSUS)
subheadings listed in the scope of the
investigation. However, for this
investigation, one of the HTSUS
subheadings under which the subject
merchandise would enter (i.e.,
8607.30.1000) is a basket category under
which non-subject merchandise may
enter. Therefore, we cannot rely on CBP
entry data in selecting respondents. We
intend instead to issue Q&V
questionnaires to each potential
respondent for which the petitioner has
provided a complete address.
Producers/exporters of freight rail
couplers from China that do not receive
Q&V questionnaires by mail may still
submit a response to the Q&V
questionnaire and can obtain the Q&V
questionnaire from E&C’s website at
https://enforcement.trade.gov/
questionnaires/questionnaires-ad.html.
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.
All Q&V 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.
Distribution of Copies of the Petition
In accordance with section
702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
40 See
E:\FR\FM\25OCN1.SGM
Petition at Volume I at Exhibit I–10.
25OCN1
58882
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of the Petition has been provided to the
GOC 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 its
initiation, as required by section 702(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.41 A
negative ITC determination will result
in the investigation being terminated.42
Otherwise, this investigation will
proceed according to statutory and
regulatory time limits.
Submission of Factual Information
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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 43 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.44 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
41 See
section 703(a)(1) of the Act.
42 Id.
43 See
44 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
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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
351.301.45 For submissions that are due
from multiple parties simultaneously,
an extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, Commerce may elect to
specify a different time 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
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
extension requests or factual
information in this investigation.46
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.47
Parties must use the certification
formats provided in 19 CFR
351.303(g).48 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under
administrative protective order in
accordance with 19 CFR 351.305.
Parties wishing to participate in this
investigation should ensure that they
meet the requirements of document
submission procedures (e.g., the filing of
letters of appearance as discussed at 19
45 See
19 CFR 351.302.
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.
47 See section 782(b) of the Act.
48 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
46 See
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CFR 351.103(d)).49 Note that Commerce
has temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.50
This notice is issued and published
pursuant to sections 702 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
49 See Antidumping and Countervailing Duty
Proceedings: Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January 22, 2008).
50 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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Federal Register / Vol. 86, No. 203 / Monday, October 25, 2021 / Notices
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. 2021–23232 Filed 10–22–21; 8:45 am]
Background
On June 3, 2021, Commerce published
its Preliminary Determination.1
Commerce invited interested parties to
comment on the Preliminary
Determination.
For a complete description of the
events that followed the Preliminary
Determination, see the Issues and
Decision Memorandum.2 The Issues and
Decision Memorandum is a public
document and is available electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope Comments
On May 26, 2021, we issued the
Preliminary Scope Decision
Memorandum.3 The scope case briefs
were due on July 9, 2021.4 We did not
receive any scope case briefs from
interested parties. Therefore, Commerce
has not made any changes to the scope
of this investigation since the
Preliminary Determination.
Scope of the Investigation
BILLING CODE 3510–DS–P
The product covered by this
investigation is polyester textured yarn
from Thailand. For a complete
description of the scope of this
investigation, see Appendix I.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–843]
Polyester Textured Yarn From
Thailand: 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 from Thailand 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:
Stephanie Berger, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2483.
SUPPLEMENTARY INFORMATION:
jspears on DSK121TN23PROD with NOTICES1
AGENCY:
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18:00 Oct 22, 2021
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1 See Polyester Textured Yarn from Thailand:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional
Measures, 86 FR 29746 (June 3, 2021) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum (PDM).
2 See Memorandum, ‘‘Decision Memorandum for
the Final Affirmative Determination in the LessThan-Fair-Value Investigation of Polyester Textured
Yarn from Thailand,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
3 See Memorandum, ‘‘Antidumping Duty
Investigations of Polyester Textured Yarn from
Indonesia, Malaysia, Thailand, and Vietnam:
Preliminary Scope Decision Memorandum,’’ dated
May 26, 2021 (Preliminary Scope Decision
Memorandum).
4 The scope case briefs were due ‘‘no later than
15 days after the responses to the scope
supplemental questionnaires on intermingled
textured yarn are filed.’’ Id. at 3. The last scope
supplemental response was submitted on June 24,
2021. See Recron (Malaysia) Sdn. Bhd.’s Letter,
‘‘Scope Supplemental Questionnaire Response,’’
dated June 24, 2021. No information was provided
in the responses to the scope supplemental
questionnaires that was sufficient for us to revise
our findings in the Preliminary Scope Decision
Memorandum.
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58883
Verification
Commerce was unable to conduct onsite verification of the information
relied upon in making its final
determination in this investigation.
However, we took additional steps in
lieu of an on-site verification to verify
the information relied upon in making
this final determination, in accordance
with section 782(i) of the Tariff Act of
1930, as amended (the Act).5
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are discussed in the Issues
and Decision Memorandum. A list of
the issues raised in the Issues and
Decision Memorandum is attached to
this notice as Appendix II.
Changes From the Preliminary
Determination
Based on our analysis of the
comments received, we made certain
changes to the margin calculation for
Sunflag Thailand Ltd. (Sunflag) since
the Preliminary Determination. See the
Issues and Decision Memorandum for a
discussion of these changes.
Use of Adverse Facts Available
The mandatory respondent Jong Stit
Co., Ltd. (Jong Stit) did not respond to
Commerce’s initial antidumping duty
questionnaire in this investigation.6
Therefore, in the Preliminary
Determination, pursuant to sections
776(a) and 776(b) of the Act, we
assigned to Jong Stit the highest Petition
margin based on adverse facts available
(AFA). No party filed comments
concerning the Preliminary
Determination with respect to Jong Stit,
and there is no new information on the
record that would cause us to revisit the
Preliminary Determination.
Accordingly, we continue to find that
the application of AFA pursuant to
sections 776(a) and (b) of the Act is
warranted with respect to Jong Stit.
Consistent with the Preliminary
Determination, Commerce has assigned
to Jong Stit the highest Petition margin,
which is 56.80 percent. For further
information, see the section
‘‘Application of Facts Available and Use
of Adverse Inferences’’ in the
Preliminary Determination PDM.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weighted5 See Commerce’s Letter, ‘‘Antidumping Duty
(AD) In Lieu of Verification Questions,’’ dated July
6, 2021, and Sunflag’s Letter, ‘‘Polyester Textured
Yarn from Thailand: Response to the In Lieu of
Verification Questionnaire,’’ dated July 14, 2021.
6 See Preliminary Determination PDM at 2.
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]]>Agencies
[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Pages 58878-58883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23232]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-144]
Freight Rail Coupler Systems and Certain Components Thereof From
the People's Republic of China: Initiation of Countervailing Duty
Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable October 19, 2021.
FOR FURTHER INFORMATION CONTACT: Whitley Herndon, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6274.
SUPPLEMENTARY INFORMATION:
The Petition
On September 29, 2021, the U.S. Department of Commerce (Commerce)
received a countervailing duty (CVD) 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
[[Page 58879]]
accompanied by an antidumping duty (AD) petition concerning 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: C-
570-144,'' 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.\4\ On
October 6, 7, 12, and 18, 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);
see also Petitioner's Letter, ``Freight Rail Car Coupler Systems and
Certain Components Thereof from the People's Republic of China:
Response to Supplemental Questions on Volume III China
Countervailing Duty Petition--Questions 9 and 11,'' dated October 7,
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 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of China
(GOC) is providing countervailable subsidies, within the meaning of
sections 701 and 771(5) of the Act, to producers of freight rail
couplers in China and that such imports are materially injuring, or
threatening material injury to, the domestic industry producing in the
United States. Consistent with section 702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs on which we are initiating a CVD
investigation, the Petition is supported by information reasonably
available to the petitioner.
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 with respect to the
initiation of the requested CVD investigation.\6\
---------------------------------------------------------------------------
\6\ See ``Determination of Industry Support for the Petition''
section, infra.
---------------------------------------------------------------------------
Period of Investigation
Because the Petition was filed on September 29, 2021, the period of
investigation is January 1, 2020, through December 31, 2020.\7\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------
Scope of the Investigation
The merchandise 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 Scope of the Investigation
On October 1, 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.\8\ On
October 6, 12, and 18, 2021, the petitioner revised the scope.\9\ 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.'').\10\ 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).
---------------------------------------------------------------------------
\8\ See First General Issues Supplement Questionnaire; see also
October 4, 2021, Phone Call Memorandum; October 8, 2021, Phone Call
Memorandum; and October 15, 2021, Phone Call Memorandum.
\9\ 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; and Scope Clarification at Exhibit I-3Supp-1.
\10\ 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).\11\ 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.\12\ To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit scope 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.\13\ 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.\14\
---------------------------------------------------------------------------
\11\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble).
\12\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\13\ See 19 CFR 351.303(b).
\14\ Commerce's practice dictates that where a deadline falls on
a weekend or Federal holiday, the appropriate deadline is the next
business day. See Notice of Clarification: Application of ``Next
Business Day'' Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10,
2005); see also 19 CFR 351.303(b).
---------------------------------------------------------------------------
Commerce requests that any factual information that the parties
consider relevant to the scope of the investigation be submitted during
this time 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
comments must also be filed on the record of the concurrent AD and CVD
investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance (E&C)'s Antidumping Duty and Countervailing
Duty Centralized
[[Page 58880]]
Electronic Service System (ACCESS), unless an exception applies.\15\ An
electronically filed document must be received successfully in its
entirety by the time and date it is due.
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\15\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOC of the receipt of the Petition and provided it the
opportunity for consultations with respect to the CVD Petition.\16\ The
GOC requested consultations,\17\ which were held via video conference
on October 18, 2021.\18\
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\16\ See Commerce's Letter, ``Countervailing Duty Petition on
Certain Freight Rail Coupler Systems and Components Thereof from the
People's Republic of China,'' dated September 29, 2021.
\17\ See GOC's Letter, ``Certain Freight Rail Coupler Systems
and Components Thereof from the People's Republic of China: Request
for Consultation to Discuss the Countervailing Duty Investigation
Petition,'' dated October 11, 2021.
\18\ See Memorandum, ``Petitions for the Imposition of
Countervailing Duties on Imports of Certain Freight Rail Coupler
Systems and Components Thereof from the People's Republic of China:
Consultations with Officials from the Government of China,'' dated
October 18, 2021.
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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, 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,\19\ 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.\20\
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\19\ See section 771(10) of the Act.
\20\ 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.\21\ 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.\22\
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\21\ 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.
\22\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Countervailing 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 CVD 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
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 the appendix to
this notice. To establish industry support, the petitioner provided its
own production of freight rail couplers in 2020.\23\ The petitioner
estimated production for the only other known producer of freight rail
couplers in the United States.\24\ The petitioner compared its
production to the estimated total 2020 production of the domestic like
product for the entire domestic industry.\25\ We relied on data
provided by the petitioner for purposes of measuring industry
support.\26\
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\23\ 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.
\24\ 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.
\25\ 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.
\26\ 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.\27\ On October 8, 2021, the petitioner responded to the
comments from Wabtec.\28\ On October 12, 2021, we received additional
comments from Wabtec.\29\ On October 13, 2021, we received comments on
industry support from Strato, Inc. (Strato), a U.S. importer of freight
rail couplers.\30\ On October 14, 2021, the petitioner responded to the
comments from Strato and Wabtec.\31\
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\27\ 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.
\28\ See Petitioner's Letter, ``Freight Rail Coupler Systems and
Certain Components Thereof from the People's Republic of China:
Response to Wabtec,'' dated October 8, 2021 (Petitioner Letter I).
\29\ 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.
\30\ 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.
\31\ 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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[[Page 58881]]
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.\32\ 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).\33\ Second, the domestic producers (or workers) have
met the statutory criteria 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.\34\ 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.\35\ Accordingly, Commerce determines that the Petition
was filed on behalf of the domestic industry within the meaning of
section 702(b)(1) of the Act.\36\
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\32\ See China CVD Initiation Checklist at Attachment II.
\33\ Id.; see also section 702(c)(4)(D) of the Act.
\34\ See China CVD Initiation Checklist at Attachment II.
\35\ Id.
\36\ Id.
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Injury Test
Because China 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 China materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports
threaten to cause material injury to the U.S. industry producing the
domestic like product. In addition, the petitioner alleges that subject
imports exceed the negligibility threshold provided for under section
771(24)(A) of the Act.\37\
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\37\ 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; and decline in financial
performance.\38\ 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.\39\
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\38\ 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.
\39\ See China CVD 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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Initiation of CVD Investigation
Based upon our examination of the Petition and supplemental
responses, we find that the Petition meets the requirements of section
702 of the Act. Therefore, we are initiating a CVD investigation to
determine whether imports of freight rail couplers from China benefit
from countervailable subsidies conferred by the GOC. Based on our
review of the Petition, we find that there is sufficient information to
initiate a CVD investigation on 33 of the 35 alleged programs.
Additionally, we find that there is sufficient information to initiate
on the allegation of the creditworthiness of CRRC Corporation Limited
(CRRC) and will explore this allegation in the investigation should
CRRC be selected as a mandatory respondent. For a full discussion of
the basis for our decision to initiate on each program, see China CVD
Initiation Checklist. The initiation checklist for this investigation
is available on ACCESS. In accordance with section 703(b)(1) of the Act
and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determination no later than 65 days after the date of this
initiation.
Respondent Selection
The petitioner named eight companies in China as producers and/or
exporters of freight rail couplers.\40\ Commerce intends to follow its
standard practice in CVD investigations and calculate company-specific
subsidy rates in this investigation. In the event that Commerce
determines that the number of companies is large and it cannot
individually examine each company based upon Commerce's resources,
where appropriate, Commerce intends to select mandatory respondents
based on quantity and value (Q&V) questionnaires issued to the
potential respondents. Commerce normally selects mandatory respondents
in CVD investigations using U.S. Customs and Border Protection (CBP)
entry data for U.S. imports under the appropriate Harmonized Tariff
Schedule of the United States (HTSUS) subheadings listed in the scope
of the investigation. However, for this investigation, one of the HTSUS
subheadings under which the subject merchandise would enter (i.e.,
8607.30.1000) is a basket category under which non-subject merchandise
may enter. Therefore, we cannot rely on CBP entry data in selecting
respondents. We intend instead to issue Q&V questionnaires to each
potential respondent for which the petitioner has provided a complete
address.
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\40\ See Petition at Volume I at Exhibit I-10.
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Producers/exporters of freight rail couplers from China that do not
receive Q&V questionnaires by mail may still submit a response to the
Q&V questionnaire and can obtain the Q&V questionnaire from E&C's
website at https://enforcement.trade.gov/questionnaires/questionnaires-ad.html. 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. All Q&V 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.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
[[Page 58882]]
of the Petition has been provided to the GOC 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 its initiation, as required by
section 702(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.\41\ A negative ITC determination will result in the
investigation being terminated.\42\ Otherwise, this investigation will
proceed according to statutory and regulatory time limits.
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\41\ See section 703(a)(1) of the Act.
\42\ 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 \43\ 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.\44\ 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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\43\ See 19 CFR 351.301(b).
\44\ 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.\45\ For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce may elect to specify a different
time 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 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 extension
requests or factual information in this investigation.\46\
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\45\ See 19 CFR 351.302.
\46\ 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.\47\
Parties must use the certification formats provided in 19 CFR
351.303(g).\48\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\47\ See section 782(b) of the Act.
\48\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, 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
administrative protective order in accordance with 19 CFR 351.305.
Parties wishing to participate in this investigation should ensure that
they meet the requirements of document submission procedures (e.g., the
filing of letters of appearance as discussed at 19 CFR 351.103(d)).\49\
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information,
until further notice.\50\
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\49\ See Antidumping and Countervailing Duty Proceedings:
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January
22, 2008).
\50\ 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 702 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
[[Page 58883]]
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. 2021-23232 Filed 10-22-21; 8:45 am]
BILLING CODE 3510-DS-P
