Certain Freight Rail Couplers and Parts Thereof From the People's Republic of China: Initiation of Countervailing Duty Investigation, 64440-64444 [2022-23135]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 87, Number 205 (Tuesday, October 25, 2022)]
[Notices]
[Pages 64440-64444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23135]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-146]


Certain Freight Rail Couplers and Parts Thereof From the People's 
Republic of China: Initiation of Countervailing Duty Investigation

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


DATES: Applicable October 18, 2022.

FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1280.

SUPPLEMENTARY INFORMATION:

The Petition

    On September 28, 2022, the U.S. Department of Commerce (Commerce) 
received a countervailing duty (CVD) petition concerning imports of 
certain freight rail couplers and parts 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

[[Page 64441]]

petitioner).\1\ The Petition was accompanied by antidumping duty (AD) 
petitions concerning imports of freight rail couplers from China and 
Mexico.\2\
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    \1\ See Petitioner's Letter, ``Certain Freight Rail Couplers and 
Parts Thereof from the People's Republic of China and the United 
Mexican States: Petitions for the Imposition of Antidumping and 
Countervailing Duties,'' dated September 28, 2022 (Petition). The 
members of the Coalition of Freight Coupler Producers are McConway & 
Torley LLC and the United Steel, Paper and Forestry, Rubber, 
Manufacturing, Energy, Allied Industrial and Service Workers 
International Union.
    \2\ Id.
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    Between September 30 and October 7, 2022, Commerce requested 
supplemental information pertaining to certain aspects of the Petition 
in separate supplemental questionnaires.\3\ On October 4, 6, and 11, 
2022, the petitioner filed timely responses to these requests for 
additional information.\4\
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    \3\ See Commerce's Letters, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Certain Freight 
Rail Couplers and Parts Thereof from the People's Republic of China 
and Mexico: Supplemental Questions,'' dated September 30, 2022 
(Commerce's First General Issues Supplemental); and ``Petition for 
the Imposition of Countervailing Duties on Imports of Certain 
Freight Rail Couplers and Parts Thereof from the People's Republic 
of China: Supplemental Questions,'' dated October 3, 2022; see also 
Memorandum, ``Phone Call with Counsel to the Petitioner,'' dated 
October 7, 2022 (Commerce's Second General Issues Supplemental).
    \4\ See Petitioner's Letters, ``Certain Freight Rail Couplers 
and Parts Thereof from the People's Republic of China and the United 
Mexican States: Response to Supplemental Questions for Volume I 
Common Issues and Injury Petition,'' dated October 4, 2022 (First 
General Issues Supplement); ``Certain Freight Rail Couplers and 
Parts Thereof from the People's Republic of China: Petitioner's 
Supplemental Questionnaire Response,'' dated October 6, 2022; and 
``Certain Freight Rail Couplers and Parts Thereof from the People's 
Republic of China and the United Mexican States: Response to Second 
Supplemental Questions for Volume I Common Issues and Injury 
Petition,'' dated October 11, 2022 (Second General Issues 
Supplement).
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    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)(F) of the Act. Commerce also finds that the 
petitioner demonstrated sufficient industry support with respect to the 
initiation of the requested CVD investigation.\5\
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    \5\ See section on ``Determination of Industry Support for the 
Petition,'' infra.
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Period of Investigation

    Because the Petition was filed on September 28, 2022, the period of 
investigation is January 1, 2021, through December 31, 2021.\6\
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    \6\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation

    The products covered by this investigation are certain freight rail 
couplers and parts thereof 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 September 30 and October 7, 2022, Commerce requested 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 4 and 11, 2022, the petitioner revised the scope.\8\ The 
description of merchandise covered by this investigation, as described 
in the appendix to this notice, reflects these clarifications.
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    \7\ See Commerce's First General Issues Supplemental at 3-4; see 
also Commerce's Second General Issues Supplemental at 1-2.
    \8\ See First General Issues Supplement at 1-3 and Exhibit I-
Supp-I; see also Second General Issues Supplement at 2 and Exhibit 
I-Supp2-4.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\9\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determinations. If scope comments include factual information,\10\ all 
such factual information should be limited to public information. 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 7, 2022. Any rebuttal comments, which may include 
factual information, must be filed by 5:00 p.m. ET on November 17, 
2022, which is ten calendar days from the initial comment deadline.
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    \9\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \10\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
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    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 such 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) Antidumping Duty and Countervailing 
Duty Centralized Electronic Service System (ACCESS), unless an 
exception applies.\11\ An electronically filed document must be 
received successfully in its entirety by the time and date it is due.
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    \11\ 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 Petition.\12\ The GOC 
requested consultations,\13\ which were held via video conference on 
October 17, 2022.\14\
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    \12\ See Commerce's Letter, Consultations with the GOC, dated 
October 6, 2022.
    \13\ See GOC's Letter, ``Request for Consultation to Discuss the 
Countervailing Duty Investigation Petition,'' dated October 11, 
2022.
    \14\ See Memorandum, ``Consultations with Officials from the 
Government of the People's Republic of China (China),'' dated 
October 17, 2022.
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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

[[Page 64442]]

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 U.S. International Trade Commission (ITC), 
which is responsible for determining whether ``the domestic industry'' 
has been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\15\ 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.\16\
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    \15\ See section 771(10) of the Act.
    \16\ 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.\17\ 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.\18\
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    \17\ See Petition at Volume I (17-21 and Exhibit I-19); see also 
First General Issues Supplement at 8-9.
    \18\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
CVD Investigation Initiation Checklist, ``Certain Freight Rail 
Couplers and Parts Thereof from the People's Republic of China,'' 
dated concurrently with this notice (China CVD Initiation 
Checklist), at Attachment II (Analysis of Industry Support for the 
Antidumping and Countervailing Duty Petitions Covering Certain 
Freight Rail Couplers and Parts Thereof from the People's Republic 
of China and Mexico).
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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 and compared this to the estimated total 2021 production 
of the domestic like product for the entire U.S. industry.\19\ We 
relied on data provided by the petitioner for purposes of measuring 
industry support.\20\
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    \19\ See Petition at Volume I (4-5 and Exhibits I-5 and I-18); 
see also First General Issues Supplement at 4-8 and Exhibits I-Supp-
2 and I-Supp-3.
    \20\ See Petition at Volume I (4-5 and Exhibits I-5 and I-18); 
see also First General Issues Supplement at 4-8 and Exhibits I-Supp-
2 and I-Supp-3.
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    Our review of the data provided in the Petition, the First General 
Issues Supplement, the Second General Issues Supplement, and other 
information readily available to Commerce indicates that the petitioner 
has established industry support for the Petition.\21\ 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).\22\ 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.\23\ 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.\24\ 
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.\25\
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    \21\ See Petition at Volume I (3-5 and Exhibits I-1 through I-3, 
I-5, and I-18); see also First General Issues Supplement at 4-8 and 
Exhibits I-Supp-2 through I-Supp-4. For further discussion, see 
Attachment II of the China CVD Initiation Checklist.
    \22\ See China CVD Initiation Checklist at Attachment II; see 
also section 702(c)(4)(D) of the Act.
    \23\ See China CVD Initiation Checklist at Attachment II.
    \24\ Id.
    \25\ 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 
benefiting from countervailable subsidies and that such imports are 
causing, or 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.\26\
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    \26\ See Petition at Volume I (34 and Exhibit I-34).
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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.\27\ 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.\28\
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    \27\ See Petition at Volume I (16-17, 24-57, and Exhibits I-3, 
I-4, I-15 through I-18, and I-21 through I-63); see also First 
General Issues Supplement at 9-12 and Exhibits I-Supp-5 through I-
Supp-7.
    \28\ 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 Couplers and Parts thereof from the 
People's Republic of China and Mexico).
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Initiation of CVD Investigation

    Based upon our examination of the Petition and supplemental 
responses,

[[Page 64443]]

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 all 33 of the alleged programs. Additionally, we 
find that there is sufficient information to initiate on the allegation 
pertaining to the uncreditworthiness of CRRC Corporation Limited (CRRC) 
and will conduct the appropriate 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 the 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 twelve companies in China as producers and/or 
exporters of freight rail couplers.\29\ 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. Because there are twelve producers and/or exporters 
identified in the Petition, Commerce intends instead to issue Q&V 
questionnaires to each potential respondent for which the petitioner 
has provided a complete address.
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    \29\ See Petition at Volume I (13 and Exhibit I-10).
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    In addition, Commerce will post the Q&V questionnaire along with 
filing instructions on E&C's website at https://access.trade.gov/resources/questionnaires/questionnaires-ad.html. 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. 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 1, 2022, which is two weeks from the signature date of this 
notice. 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://www.trade.gov/administrative-protective-orders. 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 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.\30\ A negative ITC determination will result in the 
investigation being terminated.\31\ Otherwise, this investigation will 
proceed according to statutory and regulatory time limits.
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    \30\ See section 703(a)(1) of the Act.
    \31\ 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) through (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 \32\ 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.\33\ 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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    \32\ See 19 CFR 351.301(b).
    \33\ 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.\34\ 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

[[Page 64444]]

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.\35\
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    \34\ See 19 CFR 351.302.
    \35\ 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.\36\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\37\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \36\ See section 782(b) of the Act.
    \37\ 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 
APO 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)) (e.g., by filing the 
required letter of appearance).\38\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\39\
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    \38\ See Antidumping and Countervailing Duty Proceedings: 
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 
22, 2008).
    \39\ 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 18, 2022.
Lisa W. Wang,
Assistant Secretary, for Enforcement and Compliance.

Appendix

Scope of the Investigation

    The scope of this investigation covers certain freight railcar 
couplers (also known as ``fits'' or ``assemblies'') and parts 
thereof. Freight railcar couplers are composed of two main parts, 
namely knuckles and coupler bodies but may also include other items 
(e.g., coupler locks, lock lift assemblies, knuckle pins, knuckle 
throwers, and rotors). The parts of couplers that are covered by the 
investigation include: (1) E coupler bodies, (2) E/F coupler bodies, 
(3) F coupler bodies, (4) E knuckles, and (5) F knuckles, as set 
forth by the Association of American Railroads (AAR). The freight 
rail coupler parts (i.e., knuckles and coupler bodies) are included 
within the scope of this investigation when imported separately. 
Coupler locks, lock lift assemblies, knuckle pins, knuckle throwers, 
and rotors are covered merchandise when imported in an assembly but 
are not covered by the scope when imported separately.
    Subject freight railcar couplers and parts are included within 
the scope whether finished or unfinished, whether imported 
individually or with other subject or nonsubject parts, whether 
assembled or unassembled, whether mounted or unmounted, or if joined 
with nonsubject merchandise, such as other nonsubject parts or a 
completed railcar. Finishing includes, but is not limited to, arc 
washing, welding, grinding, shot blasting, heat treatment, 
machining, and assembly of various parts. When a subject coupler or 
subject parts are mounted on or to other nonsubject merchandise, 
such as a railcar, only the coupler or subject parts are covered by 
the scope.
    The finished products covered by the scope of 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'' and/or 
AAR M-215 ``Coupling Systems,'' or other equivalent domestic or 
international standards (including any revisions to the 
standard(s)).
    The country of origin for subject couplers and parts thereof, 
whether fully assembled, unfinished or finished, or attached to a 
railcar, is the country where the subject coupler parts were cast or 
forged. Subject merchandise includes coupler parts as defined above 
that have been further processed or further assembled, including 
those coupler parts attached to a railcar in third countries. 
Further processing includes, but is not limited to, arc washing, 
welding, grinding, shot blasting, heat treatment, painting, coating, 
priming, machining, and assembly of various parts. The inclusion, 
attachment, joining, or assembly of nonsubject parts with subject 
parts or couplers either in the country of manufacture of the in-
scope product or in a third country does not remove the subject 
parts or couplers from the scope.
    The couplers that are the subject of 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 railcars 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. 
Subject merchandise may also be imported under HTSUS statistical 
reporting number 7325.99.5000. These HTSUS subheadings are provided 
for convenience and customs purposes only; the written description 
of the scope of this investigation is dispositive.

[FR Doc. 2022-23135 Filed 10-24-22; 8:45 am]
BILLING CODE 3510-DS-P