Certain Freight Rail Couplers and Parts Thereof From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Preliminary Affirmative Determination of Critical Circumstances, 15372-15374 [2023-05106]

Download as PDF 15372 Federal Register / Vol. 88, No. 48 / Monday, March 13, 2023 / Notices selected companies for which a review was requested and not rescinded, we are applying an ad valorem subsidy rate of 11.05 percent. Cash Deposit Requirements In accordance with section 751(a)(1) of the Act, Commerce also intends to instruct CBP to collect cash deposits of Final Results of Review estimated countervailing duties in the amounts shown above for the aboveWe find the following net listed companies with regard to countervailable subsidy rates for the shipments of subject merchandise period January 1, 2020, through entered, or withdrawn from warehouse, December 31, 2020, as follows: for consumption on or after the date of publication of these final results of Subsidy rate Producer or exporter (percent review. For all non-reviewed firms, CBP ad valorem) will continue to collect cash deposits of estimated countervailing duties at the Sumitomo Rubber (Hunan) 6 Co., Ltd. ........................... 11.05 all-others rate or the most recent company-specific rate applicable to the company, as appropriate. These cash Review-Specific Average Rate Applicable deposit requirements, effective upon to the Following Companies 7 publication of these final results, shall Jiangsu Hankook Tire Co., remain in effect until further notice. Ltd ..................................... Kumho Tire Co., Inc ............. Kumho Tire (Tianjin) Co., Inc Prinx Chengshan (Shandong) Tire Company Ltd ..................................... Qingdao Nexen Tire Corporation ............................. Shandong Haohua Tire Co., Ltd ..................................... Shandong Province Sanli Tire Manufactured Co., Ltd Triangle Tyre Co., Ltd .......... 11.05 11.05 11.05 Administrative Protective Order ddrumheller on DSK120RN23PROD with NOTICES1 This notice also serves as a final reminder to parties subject to an 11.05 administrative protective order (APO) of their responsibility concerning the 11.05 disposition of proprietary information disclosed under APO in accordance 11.05 with 19 CFR 351.305(a)(3). Timely written notification of the return or 11.05 11.05 destruction of APO materials or conversion to judicial protective order, is hereby requested. Failure to comply Disclosure with the regulations and terms of an Commerce intends to disclose APO is a sanctionable violation. calculations and analysis performed for Notification to Interested Parties the final results of review within five days after the date of publication of this The final results are issued and notice in the Federal Register in published in accordance with sections accordance with 19 CFR 351.224(b). 751(a)(1) and 777(i)(1) of the Act and 19 Assessment Requirements CFR 351.221(b)(5). In accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(2), Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after 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). Dated: March 7, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. 6 Commerce finds the following companies to be cross-owned with Sumitomo Rubber (Hunan) Co., Ltd.: Sumitomo Rubber (China) Co., Ltd. and Sumitomo Rubber (Changshu) Co. Ltd. 7 This rate is based on the rate for the respondent that was selected for individual review, excluding rates that are zero, de minimis, or based entirely on facts available. See section 735(c)(5)(A) of the Act. VerDate Sep<11>2014 19:32 Mar 10, 2023 Jkt 259001 Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Non-Selected Rate V. Use of Facts Otherwise Available and Application of Adverse Inferences VI. Subsidies Valuation VII. Analysis of Programs VIII. Analysis of Comments Comment 1: Whether Commerce Should Continue To Find Use of the Export Buyer’s Credit (EBC) Program Comment 2: Whether the Provision of Land-Use Rights for Foreign-Invested Enterprises (FIE) for Less Than Adequate Remuneration (LTAR) Is ExportContingent and Specific Comment 3: Whether Commerce Should Find That the Chinese Markets for Carbon Black and Synthetic Rubber Are Distorted PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 Comment 4: Whether Commerce Should Include IHS Markit Data in Input Benchmark Calculations Comment 5: Whether Commerce Correctly Calculated Inland Freight Costs in the Nylon Cord Benchmark Comment 6: Whether the Benchmark for Electricity Includes Value-Added Tax (VAT) Comment 7: Whether the Provision of Inputs for LTAR Constitutes a Financial Contribution IX. Recommendation [FR Doc. 2023–05105 Filed 3–10–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–145] Certain Freight Rail Couplers and Parts Thereof From the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Preliminary Affirmative Determination of Critical Circumstances Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that certain freight rail couplers and parts thereof (freight rail couplers) from the People’s Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2022, through June 30, 2022. Interested parties are invited to comment on this preliminary determination. DATES: Applicable March 13, 2023. FOR FURTHER INFORMATION CONTACT: Drew Jackson or Zachary Shaykin, AD/ CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4406 or (202) 482–2638, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on October 25, 2022.1 For a complete 1 See Certain Freight Rail Couplers and Parts Thereof from the People’s Republic of China and Mexico: Initiation of Less-Than-Fair-Value Investigations, 87 FR 64444 (October 25, 2022) (Initiation Notice). E:\FR\FM\13MRN1.SGM 13MRN1 Federal Register / Vol. 88, No. 48 / Monday, March 13, 2023 / Notices description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.2 A list of topics included 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 ddrumheller on DSK120RN23PROD with NOTICES1 In accordance with the preamble to Commerce’s regulations,3 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (scope).4 We received several comments concerning the scope of the LTFV investigations of freight rail couplers from China and Mexico. We are currently evaluating the scope comments filed by interested parties. We intend to issue our preliminary decision regarding the scope of these LTFV investigations on or before the preliminary determination in the LTFV investigation of freight rail couplers from Mexico, the deadline for which is April 26, 2023.5 We will incorporate the scope decisions from the LTFV investigation of freight rail couplers from Mexico into the scope of the final determination for this investigation after considering any relevant comments submitted in scope case and rebuttal briefs. The deadline for interested parties to submit scope case and rebuttal briefs will be established in the 2 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-ThanFair-Value 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). 3 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 4 See Initiation Notice. 5 See Certain Freight Rail Couplers and Parts Thereof from Mexico: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation, 88 FR 10092 (February 16, 2023). VerDate Sep<11>2014 19:32 Mar 10, 2023 Jkt 259001 preliminary scope decision memorandum. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Furthermore, pursuant to sections 776(a) and (b) of the Act, Commerce preliminarily has relied upon facts otherwise available, with adverse inferences, for the China-wide entity. For a full description of the methodology underlying Commerce’s preliminary determination, see the Preliminary Decision Memorandum. Preliminary Affirmative Determination of Critical Circumstances In accordance with section 733(e) of the Act and 19 CFR 351.206, Commerce preliminarily determines that critical circumstances exist with respect to imports of freight rail couplers from China for the China-wide entity. For a full description of the methodology and results of Commerce’s critical circumstances analysis, see the Preliminary Decision Memorandum. Combination Rates In the Initiation Notice,6 Commerce stated that it would calculate producer/ exporter combination rates for the respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice.7 In this case, because no respondent qualified for a separate rate, producer/ exporter combination rates were not calculated. For a full description of the separate rate status of interested parties in this investigation, see the Preliminary Decision Memorandum. Preliminary Determination Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist: Producer/exporter Estimated weightedaverage dumping margin (percent) China-wide Entity ........................ 169.90 Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to 6 See Initiation Notice. Enforcement and Compliance’s Policy Bulletin No. 05.1, regarding, ‘‘Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,’’ (April 5, 2005) (Policy Bulletin 05.1), available at https://enforcement. trade.gov/policy/bull05-1.pdf. 7 See PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 15373 suspend liquidation of subject merchandise as described in the scope of the investigation entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register, as discussed below. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the weighted-average amount by which normal value exceeds U.S. price, as indicated in the chart above as follows: (1) for all combinations of Chinese producers/ exporters of merchandise under consideration that have not established eligibility for their own separate rates, the cash deposit rate will be equal to the estimated weighted-average dumping margin established for the China-wide entity; and (2) for all third-country exporters of merchandise under consideration not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the Chinawide entity, as stated above. Section 733(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of (a) the date which is 90 days before the date on which the suspension of liquidation was first ordered, or (b) the date on which notice of initiation of the investigation was published. Commerce preliminarily finds that critical circumstances exist for imports of subject merchandise from the Chinawide entity. In accordance with section 733(e)(2)(A) of the Act, the suspension of liquidation shall apply to all unliquidated entries of merchandise from all producers and/or exporters of freight rail couplers from China that were entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice in the Federal Register. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Normally, Commerce discloses to interested parties the calculations performed in connection with a preliminary determination 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 adverse facts available E:\FR\FM\13MRN1.SGM 13MRN1 15374 Federal Register / Vol. 88, No. 48 / Monday, March 13, 2023 / Notices (AFA) to the China-wide entity in this investigation, in accordance with section 776 of the Act, and the applied AFA rate is based solely on the petition, there are no calculations to disclose. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 30 days after the date of publication of the preliminary determination, unless Commerce alters the time limit. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.8 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case 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. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.9 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, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. ddrumheller on DSK120RN23PROD with NOTICES1 Final Determination Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that Commerce will issue the final determination within 75 days after the date of its preliminary determination. Accordingly, Commerce will make its final determination no later than 75 days after the signature date of this preliminary determination. 8 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 9 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020); and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). VerDate Sep<11>2014 19:32 Mar 10, 2023 Jkt 259001 International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination of sales at LTFV. 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 the subject merchandise are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c). Dated: March 7, 2023. Lisa W. Wang, 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 investigations 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 investigations 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 these investigations meet or exceed the AAR specifications of M–211, ‘‘Foundry and Product Approval Requirements for the Manufacture of Couplers, Coupler Yokes, PO 00000 Frm 00006 Fmt 4703 Sfmt 9990 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 these investigations is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Scope of the Investigation VI. Selection of Respondents VII. Discussion of the Methodology VIII. Recommendation [FR Doc. 2023–05106 Filed 3–10–23; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\13MRN1.SGM 13MRN1

Agencies

[Federal Register Volume 88, Number 48 (Monday, March 13, 2023)]
[Notices]
[Pages 15372-15374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05106]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-145]


Certain Freight Rail Couplers and Parts Thereof From the People's 
Republic of China: Preliminary Affirmative Determination of Sales at 
Less Than Fair Value and Preliminary Affirmative Determination of 
Critical Circumstances

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain freight rail couplers and parts thereof (freight rail 
couplers) from the People's Republic of China (China) are being, or are 
likely to be, sold in the United States at less than fair value (LTFV). 
The period of investigation (POI) is January 1, 2022, through June 30, 
2022. Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable March 13, 2023.

FOR FURTHER INFORMATION CONTACT: Drew Jackson or Zachary Shaykin, AD/
CVD Operations, Office IV, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4406 or (202) 
482-2638, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on October 25, 
2022.\1\ For a complete

[[Page 15373]]

description of the events that followed the initiation of this 
investigation, see the Preliminary Decision Memorandum.\2\ A list of 
topics included 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.
---------------------------------------------------------------------------

    \1\ See Certain Freight Rail Couplers and Parts Thereof from the 
People's Republic of China and Mexico: Initiation of Less-Than-Fair-
Value Investigations, 87 FR 64444 (October 25, 2022) (Initiation 
Notice).
    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value 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).
---------------------------------------------------------------------------

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,\3\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (scope).\4\ We received several 
comments concerning the scope of the LTFV investigations of freight 
rail couplers from China and Mexico. We are currently evaluating the 
scope comments filed by interested parties. We intend to issue our 
preliminary decision regarding the scope of these LTFV investigations 
on or before the preliminary determination in the LTFV investigation of 
freight rail couplers from Mexico, the deadline for which is April 26, 
2023.\5\ We will incorporate the scope decisions from the LTFV 
investigation of freight rail couplers from Mexico into the scope of 
the final determination for this investigation after considering any 
relevant comments submitted in scope case and rebuttal briefs. The 
deadline for interested parties to submit scope case and rebuttal 
briefs will be established in the preliminary scope decision 
memorandum.
---------------------------------------------------------------------------

    \3\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \4\ See Initiation Notice.
    \5\ See Certain Freight Rail Couplers and Parts Thereof from 
Mexico: Postponement of Preliminary Determination in the Less-Than-
Fair-Value Investigation, 88 FR 10092 (February 16, 2023).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Furthermore, pursuant to sections 776(a) and 
(b) of the Act, Commerce preliminarily has relied upon facts otherwise 
available, with adverse inferences, for the China-wide entity. For a 
full description of the methodology underlying Commerce's preliminary 
determination, see the Preliminary Decision Memorandum.

Preliminary Affirmative Determination of Critical Circumstances

    In accordance with section 733(e) of the Act and 19 CFR 351.206, 
Commerce preliminarily determines that critical circumstances exist 
with respect to imports of freight rail couplers from China for the 
China-wide entity. For a full description of the methodology and 
results of Commerce's critical circumstances analysis, see the 
Preliminary Decision Memorandum.

Combination Rates

    In the Initiation Notice,\6\ Commerce stated that it would 
calculate producer/exporter combination rates for the respondents that 
are eligible for a separate rate in this investigation. Policy Bulletin 
05.1 describes this practice.\7\ In this case, because no respondent 
qualified for a separate rate, producer/exporter combination rates were 
not calculated. For a full description of the separate rate status of 
interested parties in this investigation, see the Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

    \6\ See Initiation Notice.
    \7\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available at 
https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                              Estimated
                                                              weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
China-wide Entity..........................................      169.90
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of subject merchandise as described in the scope of the investigation 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of this notice in the Federal Register, as 
discussed below. Further, pursuant to section 733(d)(1)(B) of the Act 
and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash 
deposit equal to the weighted-average amount by which normal value 
exceeds U.S. price, as indicated in the chart above as follows: (1) for 
all combinations of Chinese producers/exporters of merchandise under 
consideration that have not established eligibility for their own 
separate rates, the cash deposit rate will be equal to the estimated 
weighted-average dumping margin established for the China-wide entity; 
and (2) for all third-country exporters of merchandise under 
consideration not listed in the table above, the cash deposit rate is 
the cash deposit rate applicable to the China-wide entity, as stated 
above.
    Section 733(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstances, any suspension of liquidation 
shall apply to unliquidated entries of merchandise entered, or 
withdrawn from warehouse, for consumption on or after the later of (a) 
the date which is 90 days before the date on which the suspension of 
liquidation was first ordered, or (b) the date on which notice of 
initiation of the investigation was published. Commerce preliminarily 
finds that critical circumstances exist for imports of subject 
merchandise from the China-wide entity. In accordance with section 
733(e)(2)(A) of the Act, the suspension of liquidation shall apply to 
all unliquidated entries of merchandise from all producers and/or 
exporters of freight rail couplers from China that were entered, or 
withdrawn from warehouse, for consumption on or after the date which is 
90 days before the publication of this notice in the Federal Register.
    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a preliminary determination 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 adverse facts available

[[Page 15374]]

(AFA) to the China-wide entity in this investigation, in accordance 
with section 776 of the Act, and the applied AFA rate is based solely 
on the petition, there are no calculations to disclose.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 30 
days after the date of publication of the preliminary determination, 
unless Commerce alters the time limit. Rebuttal briefs, limited to 
issues raised in case briefs, may be submitted no later than seven days 
after the deadline date for case briefs.\8\ Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), parties who submit case 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. Note that Commerce has temporarily modified 
certain of its requirements for serving documents containing business 
proprietary information, until further notice.\9\
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \9\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of 
Effective Period, 85 FR 41363 (July 10, 2020).
---------------------------------------------------------------------------

    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, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined.

Final Determination

    Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that 
Commerce will issue the final determination within 75 days after the 
date of its preliminary determination. Accordingly, Commerce will make 
its final determination no later than 75 days after the signature date 
of this preliminary determination.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination of sales at LTFV. 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 the subject merchandise are materially 
injuring, or threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).

    Dated: March 7, 2023.
Lisa W. Wang,
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 
investigations 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 investigations 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 these 
investigations 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 these investigations is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Selection of Respondents
VII. Discussion of the Methodology
VIII. Recommendation

[FR Doc. 2023-05106 Filed 3-10-23; 8:45 am]
BILLING CODE 3510-DS-P
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