Certain Freight Rail Couplers and Parts Thereof From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Preliminary Affirmative Critical Circumstances Determination, 13425-13428 [2023-04438]
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Federal Register / Vol. 88, No. 42 / Friday, March 3, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
interested parties of the deadline for the
submission of case briefs. Rebuttal
briefs, limited to issues raised in case
briefs, may be submitted no later than
five days after the deadline date for case
briefs unless otherwise modified by
Commerce.17 Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information until further notice.18
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this review are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, filed electronically using
ACCESS. An electronically-filed request
must be received successfully, and in its
entirety, by ACCESS by 5:00 p.m.
Eastern Time, within 30 days after the
date of publication of this notice.
Hearing requests should contain the
party’s name, address, and telephone
number, the number of participants,
whether any participant is a foreign
national, and a list of the issues to be
discussed. If a request for a hearing is
made, parties will be notified of the date
and time for the hearing to be
determined.
Unless extended, we intend to issue
the final results of this administrative
review, which will include the results of
our analysis of the issues raised in the
case briefs, within 120 days of
publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h).
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the
Act, Commerce intends, upon
publication of the final results, to
instruct CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown for each of the
respondents listed above on shipments
of subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
17 See
19 CFR 351.309(d)(1).
Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 29615 (May 18, 2020);
and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
administrative review. If the rate
calculated in the final results is zero or
de minimis, no cash deposit will be
required on shipments of the subject
merchandise entered or withdrawn from
warehouse, for consumption on or after
the date of publication of the final
results of this review.
For all non-reviewed firms, CBP will
continue to collect cash deposits of
estimated countervailing duties at the
all-others rate or the most recent
company-specific rate applicable to the
company, as appropriate. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Assessment Rates
In accordance with 19 CFR
351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts
shown above for the producers/
exporters shown above. Upon
completion of the administrative
review, consistent with section 751(a)(1)
of the Act and 19 CFR 351.212(b)(2),
Commerce shall determine, and CBP
shall assess, countervailing duties on all
appropriate entries covered by this
review. For the companies for which
this review is rescinded, we will
instruct CBP to assess countervailing
duties on all appropriate entries at a rate
equal to the cash deposit of estimated
countervailing duties required at the
time of entry, or withdrawal from
warehouse, for consumption, during the
period January 1, 2021, through
December 31, 2021, in accordance with
19 CFR 351.212(c)(l)(i). For the
companies remaining in the review, we
intend to issue assessment instructions
to CBP no earlier than 35 days after the
date of publication of the final results of
this review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Notification to Interested Parties
These preliminary results and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.213 and
351.221(b)(4).
18 See
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13425
Dated: February 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Companies Under Review
V. Partial Rescission of Administrative
Review
VI. Intent to Rescind Administrative Review,
In Part
VII. Diversification of China’s Economy
VIII. Use of Faces Otherwise Available and
Application of Adverse Inferences
IX. Subsidies Valuation
X. Interest Rate, Discount Rate, Input,
Electricity, and Land Benchmarks
XI. Analysis of Programs
XII. Recommendation
[FR Doc. 2023–04436 Filed 3–2–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–146]
Certain Freight Rail Couplers and Parts
Thereof From the People’s Republic of
China: Preliminary Affirmative
Countervailing Duty Determination and
Preliminary Affirmative Critical
Circumstances Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of certain
freight rail couplers and parts thereof
(freight rail couplers) From the People’s
Republic of China (China) during the
period of investigation January 1, 2021,
through December 31, 2021.
DATES: Applicable March 3, 2023.
FOR FURTHER INFORMATION CONTACT:
Terre Keaton Stefanova or Paul Gill,
AD/CVD Operations, Office IX,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1280 or
(202) 482–5673, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). On October 18, 2022,
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Commerce published the notice of
initiation of this investigation.1 On
December 2, 2022, Commerce
postponed the preliminary
determination of this investigation until
February 27, 2023.2 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file 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 Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The products covered by this
investigation are freight rail couplers
from China. For a complete description
of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 We received
comments from several parties
concerning the scope of the
antidumping duty (AD) and
countervailing duty (CVD)
investigations of freight rail couplers as
it appeared in the Initiation Notice,
which are listed in the Preliminary
Decision Memorandum.6 We are
currently evaluating the scope
comments filed by the interested parties
and intend to issue our preliminary
decision regarding the scope of the AD
and CVD investigations shortly. We will
incorporate the scope decisions from the
AD investigations into the scope of the
final CVD determination for this
investigation, after considering any
relevant comments submitted in scope
case and rebuttal briefs.
Preliminary Affirmative Determination
of Critical Circumstances
In accordance with section 703(e)(1)
of the Act, we preliminarily find that
critical circumstances exist with respect
to imports of subject merchandise from
Chongqing Tongyao, Qingdao
Sanheshan, the non-responsive
companies,7 and all other producers
and/or exporters. For a full discussion
of our preliminary critical
circumstances determination, see the
‘‘Critical Circumstances’’ section of the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.8
Commerce notes that, in making these
findings, it relied on facts available and,
because Commerce finds that necessary
information was missing from the
record and because respondents did not
act to the best of their ability to respond
to Commerce’s requests for information,
Commerce drew an adverse inference in
selecting from among the facts
otherwise available.9 For further
information, see the ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ section in the Preliminary
Decision Memorandum.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act.
Pursuant to section 705(c)(5)(A)(ii) of
the Act, if the individual estimated
countervailable subsidy rates
established for all exporters and
producers individually examined are
zero, de minimis, or determined based
entirely on facts otherwise available,
Commerce may use ‘‘any reasonable
method’’ to establish the estimated
subsidy rate for all other producers or
exporters. In this investigation,
Commerce preliminarily determined the
individually estimated subsidy rate for
each of the individually examined
respondents based entirely on facts
available under section 776 of the Act.
This is the only rate available in this
proceeding for deriving the all-others
rate. Consequently, pursuant to sections
703(d) and 705(c)(5)(A)(ii) of the Act,
Commerce established the all-others rate
by applying the countervailable subsidy
rate assigned to the mandatory
respondents.
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
Subsidy rate
(percent ad
valorem)
Company
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Chongqing Changzheng Heavy Industry Co., Ltd ...............................................................................................................................
Chongqing Tongyao Transportation Equipment Co ............................................................................................................................
CRRC Qiqihar Co., Ltd ........................................................................................................................................................................
NanJing Zhongsheng Rolling Stock Components Co. Ltd ..................................................................................................................
Ningbo Minghui Metal Technology Co., Ltd ........................................................................................................................................
Qingdao Lianshan Casting Co., Ltd ....................................................................................................................................................
Qingdao Sanheshan Precision Casting Co., Ltd .................................................................................................................................
1 See Certain Freight Rail Couplers and Parts
Thereof from the People’s Republic of China:
Initiation of Countervailing Duty Investigation, 87
FR 64440 (October 25, 2022) (Initiation Notice).
2 See Certain Freight Rail Couplers and Parts
Thereof from the People’s Republic of China:
Postponement of Preliminary Determination, 87 FR
74128 (December 2, 2022).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the
Countervailing Duty Investigation of Certain Freight
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Rail Couplers and Parts Thereof from the People’s
Republic of China,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice, 87 FR 64441.
6 See Preliminary Decision Memorandum at 1–22.
7 The non-responsive companies are: (1)
Chongqing Changzheng Heavy Industry Co., Ltd.;
(2) CRRC Qiqihar Co., Ltd.; (3) NanJing Zhongsheng
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Rolling Stock Components Co. Ltd.; (4) Ningbo
Minghui Metal Technology Co., Ltd.; (5) Qingdao
Lianshan Casting Co., Ltd.; (6) Shaanxi Haiduo
Railway Technology Development Co., Ltd.; and (7)
Shanghai Voith Xiagujin Chuang Coupler
Technology Co., Ltd.
8 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
9 See sections 776(a) and (b) of the Act.
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Federal Register / Vol. 88, No. 42 / Friday, March 3, 2023 / Notices
Subsidy rate
(percent ad
valorem)
Company
Shaanxi Haiduo Railway Technology Development Co., Ltd .............................................................................................................
Shanghai Voith Xiagujin Chuang Coupler Technology Co., Ltd .........................................................................................................
All Others .............................................................................................................................................................................................
Suspension of Liquidation
In accordance with section
703(e)(2)(A) of the Act, because we find
that critical circumstances exist for
Chongqing Tongyao, Qingdao
Sanheshan, the non-responsive
companies, and all other producers and/
or exporters, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of entries of subject
merchandise as described in the scope
of the investigation entered, or
withdrawn from warehouse, for
consumption on or after the date 90
days prior to the date of publication of
this notice in the Federal Register.
Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require
a cash deposit equal to the rates
indicated above.
Disclosure
Normally, Commerce discloses its
calculations and analysis performed in
connection with the preliminary
determination to interested parties
within five days of its public
announcement, or if there is no public
announcement, within five days of the
date of publication of this notice, in
accordance with 19 CFR 351.224(b).
However, because Commerce
preliminarily applied total AFA in the
calculation of the benefit for Chongqing
Tongyao, Qingdao Sanheshan, and the
non-responsive companies, and the
applied AFA rates are based on rates
calculated in prior proceedings, there
are no calculations to disclose.
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Verification
Because the examined respondents in
this investigation did not provide
information Commerce requested and
Commerce preliminarily determines
that each of the examined respondents
have been uncooperative, it will not
conduct verification.
Public Comment
All interested parties will have the
opportunity to submit scope case and
rebuttal briefs on the preliminary
decision regarding the scope of the AD
and CVD investigations. The deadlines
to submit scope case and rebuttal briefs
will be provided in the preliminary
scope decision memorandum. For all
scope case and rebuttal briefs, parties
must file identical documents
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simultaneously on the records of the
ongoing AD and CVD freight rail
couplers investigations. No new factual
information or business proprietary
information may be included in either
scope case or rebuttal briefs.
Case briefs or other written comments
on non-scope issues may be submitted
to the Assistant Secretary for
Enforcement and Compliance no later
than 20 days after the date of
publication of the preliminary
determination. Rebuttal briefs, limited
to issues raised in case briefs, may be
submitted no later than seven days after
the deadline date for case briefs.10
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) a statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities. Commerce
has modified certain of its requirements
for serving documents containing
business proprietary information until
further notice.11
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, and a list of the
issues to be discussed. Oral
presentations at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made, parties
will be notified of the time and date for
the hearing.12
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its determination. If the final
determination is affirmative, the ITC
will determine before the later of 120
10 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
11 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
12 See 19 CFR 351.310(d).
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days after the date of this preliminary
determination or 45 days after the final
determination whether imports of
freight rail couplers from China are
materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act, and 19 CFR
351.205(c).
Dated: February 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I
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 the
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 non-subject
merchandise, such as other non-subject 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 non-subject
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
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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 the investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Injury Test
V. Diversification of China’s Economy
VI. Use of Facts Otherwise Available and
Adverse Inferences
VII. Analysis of Programs
VIII. Critical Circumstances
IX. Recommendation
[FR Doc. 2023–04438 Filed 3–2–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
ddrumheller on DSK120RN23PROD with NOTICES1
International Trade Administration
Meeting of the United States Travel
and Tourism Advisory Board
International Trade
Administration, Department of
Commerce.
AGENCY:
ACTION:
Notice of an open meeting.
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19:33 Mar 02, 2023
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The United States Travel and
Tourism Advisory Board (Board or
TTAB) will hold a meeting on Monday,
March 20, 2023. The Board advises the
Secretary of Commerce on matters
relating to the U.S. travel and tourism
industry. This will be the first meeting
of the 2023–2024 term of the TTAB. The
main purpose of this introductory
meeting is for Board members to discuss
the effects of the COVID–19 pandemic
on the travel and tourism industry. The
final agenda will be posted on the
Department of Commerce website for
the Board at https://www.trade.gov/ttabmeetings at least two days prior to the
meeting.
DATES: Monday, March 20, 2023, 11:00
a.m.–12:30 p.m. EDT. The deadline for
members of the public to register for the
meeting or to submit written comments
for dissemination prior to the meeting is
5:00 p.m. EDT on Wednesday, March
15, 2023.
ADDRESSES: The meeting will be held
virtually. The access information will be
provided by email to registrants.
Requests to register (including to speak
or for auxiliary aids) and any written
comments should be submitted by email
to TTAB@trade.gov.
FOR FURTHER INFORMATION CONTACT:
Jennifer Aguinaga, the United States
Travel and Tourism Advisory Board,
National Travel and Tourism Office,
U.S. Department of Commerce;
telephone: 202–482–2404; email:
TTAB@trade.gov.
SUPPLEMENTARY INFORMATION:
Public Participation: The meeting will
be open to the public and will be
accessible to people with disabilities.
Any member of the public requesting to
join the meeting is asked to register in
advance by the deadline identified
under the DATES caption. Requests for
auxiliary aids must be submitted by the
registration deadline. Last minute
requests will be accepted but may not be
possible to fill. There will be fifteen (15)
minutes allotted for oral comments from
members of the public joining the
meeting. To accommodate as many
speakers as possible, the time for public
comments may be limited to three (3)
minutes per person. Members of the
public wishing to reserve speaking time
during the meeting must submit a
request at the time of registration, as
well as the name and address of the
proposed speaker. If the number of
registrants requesting to make
statements is greater than can be
reasonably accommodated during the
meeting, the International Trade
Administration may conduct a lottery to
determine the speakers. Speakers are
requested to submit a written copy of
SUMMARY:
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their prepared remarks by 5:00 p.m.
EDT on Wednesday, March 15, 2023, for
inclusion in the meeting records and for
circulation to the members of the Board.
In addition, any member of the public
may submit pertinent written comments
concerning the Board’s affairs at any
time before or after the meeting.
Comments may be submitted to Jennifer
Aguinaga at the contact information
indicated above. To be considered
during the meeting, comments must be
received no later than 5:00 p.m. EDT on
Wednesday, March 15, 2023, to ensure
transmission to the Board prior to the
meeting. Comments received after that
date and time will be transmitted to the
Board but may not be considered during
the meeting. Copies of Board meeting
minutes will be available within 90 days
of the meeting.
This Notice is published pursuant to
the Federal Advisory Committee Act, as
amended (FACA), 5 U.S.C., App., 9(c).
It has been determined that the
Committee is necessary and in the
public interest. The Committee was
established pursuant to Commerce’s
authority under 15 U.S.C. 1512,
established under the FACA, as
amended, 5 U.S.C. App., and with the
concurrence of the General Services
Administration.
Jennifer Aguinaga,
Designated Federal Officer, United States
Travel and Tourism Advisory Board.
[FR Doc. 2023–04377 Filed 3–2–23; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–902]
Utility Scale Wind Towers From the
Republic of Korea: Final Results of
Antidumping Duty Administrative
Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
utility scale wind towers (wind towers)
from the Republic of Korea (Korea) were
sold in the United States at less than
normal value during the period of
review (POR) February 14, 2020,
through July 31, 2021.
DATES: Applicable March 3, 2023.
FOR FURTHER INFORMATION CONTACT:
Adam Simons or Macey Mayes, AD/
CVD Operations, Office IX, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
AGENCY:
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Agencies
[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Notices]
[Pages 13425-13428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04438]
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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: Preliminary Affirmative Countervailing Duty
Determination and Preliminary Affirmative Critical Circumstances
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of certain freight rail couplers and parts
thereof (freight rail couplers) From the People's Republic of China
(China) during the period of investigation January 1, 2021, through
December 31, 2021.
DATES: Applicable March 3, 2023.
FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or Paul Gill,
AD/CVD Operations, Office IX, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-1280 or (202)
482-5673, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). On October 18,
2022,
[[Page 13426]]
Commerce published the notice of initiation of this investigation.\1\
On December 2, 2022, Commerce postponed the preliminary determination
of this investigation until February 27, 2023.\2\ For a complete
description of the events that followed the initiation of this
investigation, see the Preliminary Decision Memorandum.\3\ A list of
topics discussed in the Preliminary Decision Memorandum is included as
Appendix II to this notice. The Preliminary Decision Memorandum is a
public document and is on file 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
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\1\ See Certain Freight Rail Couplers and Parts Thereof from the
People's Republic of China: Initiation of Countervailing Duty
Investigation, 87 FR 64440 (October 25, 2022) (Initiation Notice).
\2\ See Certain Freight Rail Couplers and Parts Thereof from the
People's Republic of China: Postponement of Preliminary
Determination, 87 FR 74128 (December 2, 2022).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Countervailing Duty Investigation of Certain
Freight Rail Couplers and Parts Thereof from the People's Republic
of China,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are freight rail
couplers from China. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ We received
comments from several parties concerning the scope of the antidumping
duty (AD) and countervailing duty (CVD) investigations of freight rail
couplers as it appeared in the Initiation Notice, which are listed in
the Preliminary Decision Memorandum.\6\ We are currently evaluating the
scope comments filed by the interested parties and intend to issue our
preliminary decision regarding the scope of the AD and CVD
investigations shortly. We will incorporate the scope decisions from
the AD investigations into the scope of the final CVD determination for
this investigation, after considering any relevant comments submitted
in scope case and rebuttal briefs.
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\4\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997).
\5\ See Initiation Notice, 87 FR 64441.
\6\ See Preliminary Decision Memorandum at 1-22.
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Preliminary Affirmative Determination of Critical Circumstances
In accordance with section 703(e)(1) of the Act, we preliminarily
find that critical circumstances exist with respect to imports of
subject merchandise from Chongqing Tongyao, Qingdao Sanheshan, the non-
responsive companies,\7\ and all other producers and/or exporters. For
a full discussion of our preliminary critical circumstances
determination, see the ``Critical Circumstances'' section of the
Preliminary Decision Memorandum.
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\7\ The non-responsive companies are: (1) Chongqing Changzheng
Heavy Industry Co., Ltd.; (2) CRRC Qiqihar Co., Ltd.; (3) NanJing
Zhongsheng Rolling Stock Components Co. Ltd.; (4) Ningbo Minghui
Metal Technology Co., Ltd.; (5) Qingdao Lianshan Casting Co., Ltd.;
(6) Shaanxi Haiduo Railway Technology Development Co., Ltd.; and (7)
Shanghai Voith Xiagujin Chuang Coupler Technology Co., Ltd.
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Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\8\
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\8\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Commerce notes that, in making these findings, it relied on facts
available and, because Commerce finds that necessary information was
missing from the record and because respondents did not act to the best
of their ability to respond to Commerce's requests for information,
Commerce drew an adverse inference in selecting from among the facts
otherwise available.\9\ For further information, see the ``Use of Facts
Otherwise Available and Adverse Inferences'' section in the Preliminary
Decision Memorandum.
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\9\ See sections 776(a) and (b) of the Act.
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All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act.
Pursuant to section 705(c)(5)(A)(ii) of the Act, if the individual
estimated countervailable subsidy rates established for all exporters
and producers individually examined are zero, de minimis, or determined
based entirely on facts otherwise available, Commerce may use ``any
reasonable method'' to establish the estimated subsidy rate for all
other producers or exporters. In this investigation, Commerce
preliminarily determined the individually estimated subsidy rate for
each of the individually examined respondents based entirely on facts
available under section 776 of the Act. This is the only rate available
in this proceeding for deriving the all-others rate. Consequently,
pursuant to sections 703(d) and 705(c)(5)(A)(ii) of the Act, Commerce
established the all-others rate by applying the countervailable subsidy
rate assigned to the mandatory respondents.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
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Chongqing Changzheng Heavy Industry Co., Ltd............ 265.99
Chongqing Tongyao Transportation Equipment Co........... 265.99
CRRC Qiqihar Co., Ltd................................... 265.99
NanJing Zhongsheng Rolling Stock Components Co. Ltd..... 265.99
Ningbo Minghui Metal Technology Co., Ltd................ 265.99
Qingdao Lianshan Casting Co., Ltd....................... 265.99
Qingdao Sanheshan Precision Casting Co., Ltd............ 265.99
[[Page 13427]]
Shaanxi Haiduo Railway Technology Development Co., Ltd.. 265.99
Shanghai Voith Xiagujin Chuang Coupler Technology Co., 265.99
Ltd....................................................
All Others.............................................. 265.99
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Suspension of Liquidation
In accordance with section 703(e)(2)(A) of the Act, because we find
that critical circumstances exist for Chongqing Tongyao, Qingdao
Sanheshan, the non-responsive companies, and all other producers and/or
exporters, Commerce will direct U.S. Customs and Border Protection
(CBP) to suspend liquidation of entries of subject merchandise as
described in the scope of the investigation entered, or withdrawn from
warehouse, for consumption on or after the date 90 days prior to the
date of publication of this notice in the Federal Register. Further,
pursuant to 19 CFR 351.205(d), Commerce will instruct CBP to require a
cash deposit equal to the rates indicated above.
Disclosure
Normally, Commerce discloses its calculations and analysis
performed in connection with the preliminary determination to
interested parties within five days of its public announcement, or if
there is no public announcement, within five days of the date of
publication of this notice, in accordance with 19 CFR 351.224(b).
However, because Commerce preliminarily applied total AFA in the
calculation of the benefit for Chongqing Tongyao, Qingdao Sanheshan,
and the non-responsive companies, and the applied AFA rates are based
on rates calculated in prior proceedings, there are no calculations to
disclose.
Verification
Because the examined respondents in this investigation did not
provide information Commerce requested and Commerce preliminarily
determines that each of the examined respondents have been
uncooperative, it will not conduct verification.
Public Comment
All interested parties will have the opportunity to submit scope
case and rebuttal briefs on the preliminary decision regarding the
scope of the AD and CVD investigations. The deadlines to submit scope
case and rebuttal briefs will be provided in the preliminary scope
decision memorandum. For all scope case and rebuttal briefs, parties
must file identical documents simultaneously on the records of the
ongoing AD and CVD freight rail couplers investigations. No new factual
information or business proprietary information may be included in
either scope case or rebuttal briefs.
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance no
later than 20 days after the date of publication of the preliminary
determination. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than seven days after the deadline
date for case briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
are encouraged to submit with each argument: (1) a statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities. Commerce has modified certain of its requirements for
serving documents containing business proprietary information until
further notice.\11\
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\10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\11\ 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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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, parties will be notified of
the time and date for the hearing.\12\
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\12\ See 19 CFR 351.310(d).
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International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its determination. If
the final determination is affirmative, the ITC will determine before
the later of 120 days after the date of this preliminary determination
or 45 days after the final determination whether imports of freight
rail couplers from China are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act, and 19 CFR 351.205(c).
Dated: February 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
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 the 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 non-subject parts, whether
assembled or unassembled, whether mounted or unmounted, or if joined
with non-subject merchandise, such as other non-subject 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 non-subject 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
[[Page 13428]]
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 non-subject 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 the investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Injury Test
V. Diversification of China's Economy
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Critical Circumstances
IX. Recommendation
[FR Doc. 2023-04438 Filed 3-2-23; 8:45 am]
BILLING CODE 3510-DS-P