Certain Freight Rail Couplers and Parts Thereof From the People's Republic of China: Final Affirmative Determination of Sales at Less-Than-Fair Value and Final Affirmative Determination of Critical Circumstances, 34485-34487 [2023-11358]
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Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Notices
gear); plastic injection molds and
components (ejector pin; ejector sleeve;
hot runner system); electronic car seat
cooling systems; paper and paperboard
labels; cardboard displays; and, metal
screws (duty rate ranges from duty-free
to 11.4%). The request indicates that
certain materials/components are
subject to duties under section 301 of
the Trade Act of 1974 (section 301),
depending on the country of origin. The
applicable section 301 decisions require
subject merchandise to be admitted to
FTZs in privileged foreign status (19
CFR 146.41).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is July
10, 2023.
A copy of the notification will be
available for public inspection in the
‘‘Online FTZ Information System’’
section of the Board’s website.
For further information, contact
Juanita Chen at juanita.chen@trade.gov.
Applicable May 30, 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.
Background
DEPARTMENT OF COMMERCE
International Trade Administration
Period of Investigation
[A–570–145]
The period of investigation is January
1, 2022, through June 30, 2022.
Certain Freight Rail Couplers and Parts
Thereof From the People’s Republic of
China: Final Affirmative Determination
of Sales at Less-Than-Fair Value and
Final Affirmative Determination of
Critical Circumstances
Scope of the Investigation
[FR Doc. 2023–11411 Filed 5–26–23; 8:45 am]
BILLING CODE 3510–DS–P
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) 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) during the period of
investigation, January 1, 2022, through
June 30, 2022.
AGENCY:
1 See 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, 88 FR
15372 (March 13, 2023) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum.
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The products covered by this
investigation are freight rail coupler
systems and certain components thereof
from China. For a complete description
of the scope of this investigation, see
appendix I.
Scope Comments
During the course of this investigation
and the concurrent LTFV and
countervailing duty investigations of
freight rail couplers from and Mexico,
and China, Commerce received scope
comments from interested parties.
Commerce issued a Preliminary Scope
Memorandum to address these
comments and set aside a period of time
for parties to address scope issues in
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
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 this notice (Issues and
Decision Memorandum).
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scope case and rebuttal briefs.3 We
received comments from interested
parties on the Preliminary Scope
Memorandum, which we address in the
Final Scope Memorandum.4 As a result
of these comments, we made certain
changes to the scope of these
investigations from that published in
the Preliminary Determination. See
appendix I.
Final Affirmative Determination of
Critical Circumstances
SUPPLEMENTARY INFORMATION:
On March 13, 2023, Commerce
published in the Federal Register the
Preliminary Determination in this
investigation.1 Commerce invited
interested parties to comment on the
Preliminary Determination.
For a complete description of the
events that followed the Preliminary
Determination, see the Issues and
Decision Memorandum.2 The Issues and
Decision Memorandum is a public
document and is available electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Dated: May 24, 2023.
Camille R. Evans,
Acting Executive Secretary.
ddrumheller on DSK120RN23PROD with NOTICES1
DATES:
34485
In accordance with section 733(e) of
the Tariff Act of 1930, as amended (the
Act) and 19 CFR 351.206(h), Commerce
determines that critical circumstances
exist with respect to imports of freight
rail couplers from China for the Chinawide entity. For a full description of the
methodology and results of Commerce’s
critical circumstances analysis, see the
Preliminary Decision Memorandum and
the Issues and Decision Memorandum.
China-Wide Entity and Use of Adverse
Facts Available (AFA)
For the purposes of this final
determination, consistent with the
Preliminary Determination,5 we relied
solely on the application of AFA for the
China-wide entity, pursuant to sections
776(a) and (b) of the Act. Further,
because no companies are eligible for a
rate separate from the China-wide
entity, we continue to find that all
exporters of Chinese freight rail
couplers are part of the China-wide
entity. There is no new information on
the record that would cause us to revisit
our decision in the Preliminary
Determination. Thus, we made no
changes to our analysis or to the Chinawide entity’s dumping margin for the
final determination. A detailed
discussion of our application of AFA is
provided in the Preliminary
Determination.6
Combination Rates
Because no Chinese exporters
qualified for a separate rate, producer/
exporter combination rates were not
calculated for this final determination.
Final Determination
Commerce determines that the
following estimated weighted-average
dumping margin exists for the POI:
3 See Memorandum, ‘‘Preliminary Scope Decision
Memorandum,’’ dated March 28, 2023 (Preliminary
Scope Memorandum).
4 See Memorandum, ‘‘Final Scope Decision
Memorandum,’’ dated concurrently with this notice
(Final Scope Memorandum).
5 See Preliminary Determination PDM at 6–9.
6 Id.
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34486
Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Notices
Exporter/producer
Estimated
weightedaverage
dumping
margin
(percent)
Estimated
weightedaverage
dumping
margin
adjusted for
export
subsidy
offset(s)
(percent) 7
China-Wide Entity ....................................................................................................................................................
169.90
139.49
Disclosure
Because Commerce continues to find
that all Chinese exporters of freight rail
couplers are part of the China-wide
entity and continues to rely solely on
the application of AFA for the Chinawide entity, there are no calculations to
disclose for this final determination.
accordance with section 736(a) of the
Act. If the ITC determines that material
injury, or threat of material injury, does
not exist, this proceeding will be
terminated, and all estimated duties
deposited as a result of the suspension
of liquidation will be refunded or
canceled.
Continuation of Suspension of
Liquidation
As a result of our Preliminary
Determination and pursuant to section
735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of subject merchandise as
described in the ‘‘Scope of the
Investigation’’ section entered, or
withdrawn from warehouse, for
consumption, on or after March 13,
2023, which is the date of publication
of the affirmative Preliminary
Determination in the Federal Register,
at the cash deposit rate indicated above.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), we will
instruct CBP to require a cash deposit
for such entries of merchandise equal to
the amount by which the normal value
exceeds the U.S. price as follows: (1) for
all Chinese exporters of subject
merchandise, the cash deposit rate will
be equal to the estimated dumping
margin established for the China-wide
entity; and (2) for all third country
exporters of subject merchandise, the
cash deposit rate is also the cash deposit
rate applicable to the China-wide entity.
These suspension of liquidation
instructions will remain in effect until
further notice.
If the U.S. International Trade
Commission (ITC) issues a final
affirmative injury determination, we
intend to issue an antidumping duty
order and continue to require a cash
deposit of estimated antidumping duties
for such entries of subject merchandise
in the amounts indicated above, in
ITC Notification
7 For the export subsidy offset calculation, see
Commerce’s Memorandum, ‘‘Freight Rail Couplers
from the People’s Republic of China: Export
Subsidy Offset Calculation for the Final
Determination,’’ dated concurrently with this
notice.
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In accordance with section 735(d) of
the Act, we will notify the ITC of our
final affirmative determination of sales
at LTFV. Because the final
determination in this proceeding is
affirmative, in accordance with section
735(b) of the Act, the ITC will make its
final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
freight rail couplers from China no later
than 45 days after our final
determination.
If the ITC determines that material
injury or threat of material injury does
not exist, the proceeding will be
terminated and all cash deposits will be
refunded or canceled, as Commerce
determines to be appropriate. If the ITC
determines that such injury does exist,
Commerce intends to issue an
antidumping duty order directing CBP
to assess, upon further instruction by
Commerce, antidumping duties on all
imports of the subject merchandise that
are entered, or withdrawn from
warehouse, for consumption on or after
the effective date of the suspension of
liquidation, as discussed above in the
‘‘Continuation of Suspension of
Liquidation’’ section.
Notification Regarding Administrative
Protective Order
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
destruction of APO materials or
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conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 735(d)
and 777(i) of the Act, and 19 CFR
351.210(c).
Dated: May 22, 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
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 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
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Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Notices
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 9803.00.50. 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.
Appendix II
ddrumheller on DSK120RN23PROD with NOTICES1
List of Topics Discussed in the Final Issues
and Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Affirmative Determination of Critical
Circumstances
VII. Changes since the Preliminary
Determination
VIII. Adjustments to Cash Deposit Rates for
Export Subsidies
IX. Use of Facts Otherwise Available and
Adverse Inferences
X. Discussion of the Issues
Comment 1: Critical Circumstances
Comment 2: Termination of the
Investigation
XI. Recommendation
[FR Doc. 2023–11358 Filed 5–26–23; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
Notice of Scope Ruling Applications
Filed in Antidumping and
Countervailing Duty Proceedings
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) received scope
ruling applications, requesting that
scope inquiries be conducted to
determine whether identified products
are covered by the scope of antidumping
duty (AD) and/or countervailing duty
(CVD) orders and that Commerce issue
scope rulings pursuant to those
inquiries. In accordance with
Commerce’s regulations, we are
notifying the public of the filing of the
scope ruling applications listed below
in the month of April 2023.
DATES: Applicable May 30, 2023.
FOR FURTHER INFORMATION CONTACT:
Terri Monroe, AD/CVD Operations,
Customs Liaison Unit, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone:
(202) 482–1384.
AGENCY:
Notice of Scope Ruling Applications
In accordance with 19 CFR
351.225(d)(3), we are notifying the
public of the following scope ruling
applications related to AD and CVD
orders and findings filed in or around
the month of April 2023. This
notification includes, for each scope
application: (1) identification of the AD
and/or CVD orders at issue (19 CFR
351.225(c)(1)); (2) concise public
descriptions of the products at issue,
including the physical characteristics
(including chemical, dimensional and
technical characteristics) of the products
(19 CFR 351.225(c)(2)(ii)); (3) the
countries where the products are
produced and the countries from where
the products are exported (19 CFR
351.225(c)(2)(i)(B)); (4) the full names of
the applicants; and (5) the dates that the
scope applications were filed with
Commerce and the name of the ACCESS
scope segment where the scope
applications can be found.1 This notice
1 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300, 52316 (September 20,
2021) (‘‘It is our expectation that the Federal
Register list will include, where appropriate, for
each scope application the following data: (1)
identification of the AD and/or CVD orders at issue;
(2) a concise public summary of the product’s
description, including the physical characteristics
(including chemical, dimensional and technical
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34487
does not include applications which
have been rejected and not properly
resubmitted. The scope ruling
applications listed below are available
on Commerce’s online e-filing and
document management system,
Antidumping and Countervailing Duty
Electronic Service System (ACCESS), at
https://access.trade.gov.
Scope Ruling Applications
Fresh Garlic from the People’s
Republic of China (China) (A–570–831);
whole garlic cloves (in brine); 2
produced in and exported from China;
submitted by Roland Foods, LLC; April
6, 2023; ACCESS scope segment
‘‘Roland Foods.’’
Circular Welded Non-Alloy Steel Pipe
from Mexico (A–201–805); certain
black, plain-ended, threaded, or
threaded-and-coupled circular welded
steel pipe; 3 produced in the United
States, exported to Mexico for finishing,
and re-imported into the United States;
submitted by Productos Laminados;
April 17, 2023; ACCESS scope segment
‘‘Prolamsa Pipe Finished in Mexico.’’
Tapered Roller Bearings and Parts
Thereof, Finished or Unfinished from
China (A–570–601); low-carbon steel
characteristics) of the product; (3) the country(ies)
where the product is produced and the country
from where the product is exported; (4) the full
name of the applicant; and (5) the date that the
scope application was filed with Commerce.’’).
2 The products are a pickled product with the
following ingredients: garlic, water, salt, lactic acid,
acetic acid, and citric acid. The whole garlic cloves
(in brine) have a pH of 2.9 plus/minus 0.2.
3 The products for which a ruling is requested are
addressed under the following three production
scenarios: Scenario 1A: A Schedule 40 pipe, with
an exterior diameter of 1.315 inches, and a wall
thickness of 0.133 inches, produced from U.S.
origin steel coil—(a) Hydrostatic testing and (b)
coating occur in Mexico; Scenario 1B: A Schedule
40 pipe, with an exterior diameter of 1.315 inches,
and a wall thickness of 0.133 inches, produced from
Mexican origin steel coil—(a) Hydrostatic testing
and (b) coating occur in Mexico; Scenario 2A: A
Schedule 40 pipe, with an exterior diameter of
1.315 inches, and a wall thickness of 0.133 inches,
produced from U.S. origin steel coil—(a)
Hydrostatic testing, (b) coating, and (c) threading
occur in Mexico. Plastic covers are added to the
threads for protection; Scenario 2B: A Schedule 40
pipe, with an exterior diameter of 1.315 inches, and
a wall thickness of 0.133 inches, produced from
Mexican origin steel coil—(a) Hydrostatic testing,
(b) coating, and (c) threading occur in Mexico.
Plastic covers are added to the threads for
protection; Scenario 3A: A Schedule 40 pipe, with
an exterior diameter of 1.315 inches, and a wall
thickness of 0.133 inches, produced from U.S.
origin steel coil—(a) Hydrostatic testing, (b) coating,
(c) threading of the pipe, and (d) attaching the
couplings occur in Mexico; Scenario 3B: A
Schedule 40 pipe, with an exterior diameter of
1.315 inches, and a wall thickness of 0.133 inches,
produced from Mexican origin steel coil—(a)
Hydrostatic testing, (b) coating, (c) threading of the
pipe, and (d) attaching the couplings occur in
Mexico.
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]]>Agencies
[Federal Register Volume 88, Number 103 (Tuesday, May 30, 2023)]
[Notices]
[Pages 34485-34487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11358]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-145]
Certain Freight Rail Couplers and Parts Thereof From the People's
Republic of China: Final Affirmative Determination of Sales at Less-
Than-Fair Value and Final Affirmative Determination of Critical
Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) 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) during the
period of investigation, January 1, 2022, through June 30, 2022.
DATES: Applicable May 30, 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
On March 13, 2023, Commerce published in the Federal Register the
Preliminary Determination in this investigation.\1\ Commerce invited
interested parties to comment on the Preliminary Determination.
---------------------------------------------------------------------------
\1\ See 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, 88 FR 15372 (March 13,
2023) (Preliminary Determination), and accompanying Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
For a complete description of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\2\
The Issues and Decision Memorandum is a public document and is
available electronically via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative 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 this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is January 1, 2022, through June 30,
2022.
Scope of the Investigation
The products covered by this investigation are freight rail coupler
systems and certain components thereof from China. For a complete
description of the scope of this investigation, see appendix I.
Scope Comments
During the course of this investigation and the concurrent LTFV and
countervailing duty investigations of freight rail couplers from and
Mexico, and China, Commerce received scope comments from interested
parties. Commerce issued a Preliminary Scope Memorandum to address
these comments and set aside a period of time for parties to address
scope issues in scope case and rebuttal briefs.\3\ We received comments
from interested parties on the Preliminary Scope Memorandum, which we
address in the Final Scope Memorandum.\4\ As a result of these
comments, we made certain changes to the scope of these investigations
from that published in the Preliminary Determination. See appendix I.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Preliminary Scope Decision Memorandum,''
dated March 28, 2023 (Preliminary Scope Memorandum).
\4\ See Memorandum, ``Final Scope Decision Memorandum,'' dated
concurrently with this notice (Final Scope Memorandum).
---------------------------------------------------------------------------
Final Affirmative Determination of Critical Circumstances
In accordance with section 733(e) of the Tariff Act of 1930, as
amended (the Act) and 19 CFR 351.206(h), Commerce 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 and the Issues and
Decision Memorandum.
China-Wide Entity and Use of Adverse Facts Available (AFA)
For the purposes of this final determination, consistent with the
Preliminary Determination,\5\ we relied solely on the application of
AFA for the China-wide entity, pursuant to sections 776(a) and (b) of
the Act. Further, because no companies are eligible for a rate separate
from the China-wide entity, we continue to find that all exporters of
Chinese freight rail couplers are part of the China-wide entity. There
is no new information on the record that would cause us to revisit our
decision in the Preliminary Determination. Thus, we made no changes to
our analysis or to the China-wide entity's dumping margin for the final
determination. A detailed discussion of our application of AFA is
provided in the Preliminary Determination.\6\
---------------------------------------------------------------------------
\5\ See Preliminary Determination PDM at 6-9.
\6\ Id.
---------------------------------------------------------------------------
Combination Rates
Because no Chinese exporters qualified for a separate rate,
producer/exporter combination rates were not calculated for this final
determination.
Final Determination
Commerce determines that the following estimated weighted-average
dumping margin exists for the POI:
[[Page 34486]]
------------------------------------------------------------------------
Estimated
weighted-
Estimated average dumping
weighted- margin adjusted
Exporter/producer average dumping for export
margin subsidy
(percent) offset(s)
(percent) \7\
------------------------------------------------------------------------
China-Wide Entity..................... 169.90 139.49
------------------------------------------------------------------------
Disclosure
Because Commerce continues to find that all Chinese exporters of
freight rail couplers are part of the China-wide entity and continues
to rely solely on the application of AFA for the China-wide entity,
there are no calculations to disclose for this final determination.
---------------------------------------------------------------------------
\7\ For the export subsidy offset calculation, see Commerce's
Memorandum, ``Freight Rail Couplers from the People's Republic of
China: Export Subsidy Offset Calculation for the Final
Determination,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination and pursuant to
section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs
and Border Protection (CBP) to continue to suspend liquidation of
subject merchandise as described in the ``Scope of the Investigation''
section entered, or withdrawn from warehouse, for consumption, on or
after March 13, 2023, which is the date of publication of the
affirmative Preliminary Determination in the Federal Register, at the
cash deposit rate indicated above.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit for such
entries of merchandise equal to the amount by which the normal value
exceeds the U.S. price as follows: (1) for all Chinese exporters of
subject merchandise, the cash deposit rate will be equal to the
estimated dumping margin established for the China-wide entity; and (2)
for all third country exporters of subject merchandise, the cash
deposit rate is also the cash deposit rate applicable to the China-wide
entity. These suspension of liquidation instructions will remain in
effect until further notice.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we intend to issue an antidumping
duty order and continue to require a cash deposit of estimated
antidumping duties for such entries of subject merchandise in the
amounts indicated above, in accordance with section 736(a) of the Act.
If the ITC determines that material injury, or threat of material
injury, does not exist, this proceeding will be terminated, and all
estimated duties deposited as a result of the suspension of liquidation
will be refunded or canceled.
ITC Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of our final affirmative determination of sales at LTFV. Because
the final determination in this proceeding is affirmative, in
accordance with section 735(b) of the Act, the ITC will make its final
determination as to whether the domestic industry in the United States
is materially injured, or threatened with material injury, by reason of
imports of freight rail couplers from China no later than 45 days after
our final determination.
If the ITC determines that material injury or threat of material
injury does not exist, the proceeding will be terminated and all cash
deposits will be refunded or canceled, as Commerce determines to be
appropriate. If the ITC determines that such injury does exist,
Commerce intends to issue an antidumping duty order directing CBP to
assess, upon further instruction by Commerce, antidumping duties on all
imports of the subject merchandise that are entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation, as discussed above in the ``Continuation of
Suspension of Liquidation'' section.
Notification Regarding Administrative Protective Order
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an administrative protective order (APO) of their
responsibility concerning the disposition of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation which is
subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
735(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: May 22, 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
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 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
[[Page 34487]]
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
9803.00.50. 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.
Appendix II
List of Topics Discussed in the Final Issues and Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Affirmative Determination of Critical Circumstances
VII. Changes since the Preliminary Determination
VIII. Adjustments to Cash Deposit Rates for Export Subsidies
IX. Use of Facts Otherwise Available and Adverse Inferences
X. Discussion of the Issues
Comment 1: Critical Circumstances
Comment 2: Termination of the Investigation
XI. Recommendation
[FR Doc. 2023-11358 Filed 5-26-23; 8:45 am]
BILLING CODE 3510-DS-P
