Certain Freight Rail Couplers and Parts Thereof From the People's Republic of China: Countervailing Duty Order, 45135-45138 [2023-14891]
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Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
entries associated with the U.S. sales
covered by this review.9 If Stalkanat’s
weighted-average dumping margin is
not zero or de minimis (i.e., less than 0.5
percent) in the final results of this
review, we will calculate importerspecific assessment rates based on the
ratio of the total amount of dumping
calculated for the importer’s examined
sales to the total entered value of those
same sales in accordance with 19 CFR
351.212(b)(1).
Where an importer-specific ad
valorem assessment rate is not zero or
de minimis, we will instruct CBP to
collect the appropriate duties at the time
of liquidation. Where either Stalkanat’s
ad valorem weighted-average dumping
margin is zero or de minimis, or an
importer-specific ad valorem
assessment rate is zero or de minimis,10
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.
If Commerce calculates margins above
de minimis in the final results of this
review, we intend to instruct CBP to
take into account the ‘‘provisional
measures deposit cap,’’ in accordance
with 19 CFR 351.212(d).
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR, produced by Stalkanat, for
which it did not know that the
merchandise it sold was destined for the
United States, we will instruct CBP to
liquidate those entries at the all-others
rate if there is no rate for the
intermediate company(ies) involved in
the transaction.11
Commerce intends 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).
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise associated with the U.S.
sales covered by the final results of this
review and for future deposits of
estimated duties, where applicable.12
9 See
19 CFR 351.212(b).
19 CFR 351.106(c)(2).
11 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
12 See section 751(a)(2)(C) of the Act.
Cash Deposit Requirements
The following cash deposit
requirements will be in effect for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the notice of the final
results of this administrative review in
the Federal Register, as provided for by
section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for Stalkanat will be
equal to the weighted-average dumping
margin established in the final results of
this review, except if the rate is less
than 0.50 percent, and, therefore, de
minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
previously reviewed or investigated
companies not participating in this
review, the cash deposit rate will
continue to be the company-specific rate
published for the most recentlycompleted segment of this proceeding in
which the company was reviewed; (3) if
the exporter is not a firm covered in this
review or a previous segment of this
proceeding, but the producer is, then
the cash deposit rate will be the rate
established in the most recently
completed segment for the producer of
the subject merchandise; and (4) the
cash deposit rate for all other producers
or exporters will continue to be 19.30
percent, the all-others rate established
in the less-than-fair-value
investigation.13
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this review period.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results of review in
accordance with sections 751(a)(1) and
777(i)(l) of the Act and 19 CFR
351.221(b)(4).
10 See
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Jkt 259001
Prestressed Concrete Steel Wire Strand
from Ukraine: Final Affirmative Determination of
Sales at Less Than Fair Value, and Final Negative
Determination of Critical Circumstances, 86 FR
18498 (April 9, 2021).
PO 00000
13 See
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45135
Dated: June 30, 2023.
Lisa W. Wang,
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. Successor-in-Interest Analysis
V. Bona Fide Sales Analysis
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2023–14984 Filed 7–13–23; 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: Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC),
Commerce is issuing a countervailing
duty (CVD) order on certain freight rail
couplers and parts thereof (freight rail
couplers) from the People’s Republic of
China (China).
DATES: Applicable July 14, 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
In accordance with section 705(d) of
the Tariff Act of 1930, as amended (the
Act), on May 19, 2023, Commerce
published its affirmative final
determination in the CVD investigation
of freight rail couplers from China.1 On
July 3, 2023, the ITC notified Commerce
of its final affirmative determination
that an industry in the United States is
1 See Certain Freight Rail Couplers and Parts
Thereof from the People’s Republic of China: Final
Affirmative Countervailing Duty Determination and
Final Affirmative Critical Circumstances
Determination, in Part, 88 FR 32184 (May 19, 2023)
(Final Determination).
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Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Notices
materially injured by reason of
subsidized imports of freight rail
couplers from China, within the
meaning of section 705(b)(1)(A)(i) of the
Act.2
Scope of the Order
The products covered by this order
are freight rail couplers from China. For
a complete description of the scope of
the order, see the appendix to this
notice.
Countervailing Duty Order
On July 3, 2023, in accordance with
section 705(d) of the Act, the ITC
notified Commerce of its final
determination that an industry in the
United States is materially injured
within the meaning of section
705(b)(1)(A)(i) of the Act by reason of
imports of freight rail couplers from
China.3 Therefore, Commerce is issuing
this CVD order in accordance with
sections 705(c)(2) and 706 of the Act.
Because the ITC determined that
imports of freight rail couplers from
China are materially injuring a U.S.
industry, unliquidated entries of such
merchandise from China entered, or
withdrawn from warehouse, for
consumption are subject to the
assessment of countervailing duties.
Therefore, in accordance with section
706(a)(1) of the Act, Commerce will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce,
countervailing duties on all relevant
entries of freight rail couplers from
China. Countervailing duties will be
assessed on unliquidated entries of
freight rail couplers from China which
are entered, or withdrawn from
warehouse, for consumption on or after
March 3, 2023, the date of publication
of the Preliminary Determination,4 but
will not be assessed on entries occurring
after the expiration of the provisional
measures period and before publication
of the ITC’s final affirmative injury
determination, as further described in
the ‘‘Provisional Measures’’ section
below.
Suspension of Liquidation and Cash
Deposits
In accordance with section 706 of the
Act, Commerce will instruct CBP to
continue to suspend liquidation of all
relevant entries of freight rail couplers
from China. These instructions
suspending liquidation will remain in
effect until further notice.
Commerce also intends, pursuant to
section 706(a)(1) of the Act, to instruct
CBP to require cash deposits equal to
the amounts as indicated below.
Accordingly, effective on the date of
publication of the ITC’s final affirmative
injury determination in the Federal
Register, CBP will require, at the same
time as importers would deposit
estimated normal customs duties on the
subject merchandise, a cash deposit for
each entry of subject merchandise equal
to the subsidy rates listed below.5 The
all-others rate applies to all producers or
exporters not specifically listed below,
as appropriate.
Subsidy rate
(percent
ad valorem)
Company
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 .................................................................................................................................
Shaanxi Haiduo Railway Technology Development Co., Ltd .............................................................................................................
Shanghai Voith Xiagujin Chuang Coupler Technology Co., Ltd .........................................................................................................
All Others .............................................................................................................................................................................................
lotter on DSK11XQN23PROD with NOTICES1
Provisional Measures
Section 703(d) of the Act states that
suspension of liquidation instructions
issued pursuant to an affirmative
preliminary determination may not
remain in effect for more than four
months. Commerce published its
Preliminary Determination on March 3,
2023.6 Therefore, the provisional
measures period, beginning on the date
of publication of the Preliminary
Determination, ended on June 30, 2023.
Pursuant to section 707(b) of the Act,
the collection of cash deposits at the
rates listed above will begin on the date
of publication of the ITC’s final
affirmative injury determinations.
Therefore, in accordance with section
703(d) of the Act, Commerce will
2 See ITC’s Letter, ‘‘Notification of ITC Final
Determinations,’’ dated July 3, 2023 (ITC
Notification).
3 Id.
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instruct CBP to terminate the
suspension of liquidation and to
liquidate, without regard to
countervailing duties, unliquidated
entries of freight rail couplers from
China entered, or withdrawn from
warehouse, for consumption after June
30, 2023, the date on which the
provisional measures expired, through
July 6, 2023, the day preceding the date
of publication of the ITC’s final injury
determination in the Federal Register.7
Suspension of liquidation will resume
on the date of publication of the ITC’s
final affirmative injury determination in
the Federal Register.
Critical Circumstances
With regard to the ITC’s negative
critical circumstances determination on
4 See 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, 88 FR 13425 (March
3, 2023) (Preliminary Determination).
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imports of freight rail couplers from
China,8 Commerce intends to instruct
CBP to lift suspension and to refund any
cash deposits made to secure the
payment of estimated countervailing
duties with respect to entries of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after December 3,
2022 (i.e., 90 days prior to the date of
the publication of the Preliminary
Determination), but before March 3,
2023 (i.e., the date of publication of the
Preliminary Determination).
Establishment of the Annual Inquiry
Service List
On September 20, 2021, Commerce
published the Final Rule in the Federal
5 See
section 706(a)(3) of the Act.
Preliminary Determination.
7 See Certain Freight Rail Couplers and Parts
Thereof from China, 88 FR 43398 (July 7, 2023).
8 Id.
6 See
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Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
Register.9 On September 27, 2021,
Commerce also published the
Procedural Guidance in the Federal
Register.10 The Final Rule and
Procedural Guidance provide that
Commerce will maintain an annual
inquiry service list for each order or
suspended investigation, and any
interested party submitting a scope
ruling application or request for
circumvention inquiry shall serve a
copy of the application or request on the
persons on the annual inquiry service
list for that order, as well as any
companion order covering the same
merchandise from the same country of
origin.11
In accordance with the Procedural
Guidance, for orders published in the
Federal Register after November 4,
2021, Commerce will create an annual
inquiry service list segment in
Commerce’s online e-filing and
document management system,
Antidumping and Countervailing Duty
Electronic Service System (ACCESS),
available at https://access.trade.gov/,
within five business days of publication
of the notice of the order. Each annual
inquiry service list will be saved in
ACCESS, under each case number, and
under a specific segment type called
‘‘AISL-Annual Inquiry Service List.’’ 12
Interested parties who wish to be
added to the annual inquiry service list
for an order must submit an entry of
appearance to the annual inquiry
service list segment for the order in
ACCESS within 30 days after the date of
publication of the order. For ease of
administration, Commerce requests that
law firms with more than one attorney
representing interested parties in an
order designate a lead attorney to be
included on the annual inquiry service
list. Commerce will finalize the annual
inquiry service list within five business
days thereafter. As mentioned in the
Procedural Guidance, the new annual
inquiry service list will be in place until
9 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300 (September 20, 2021)
(Final Rule).
10 See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021) (Procedural Guidance).
11 Id.
12 This segment will be combined with the
ACCESS Segment Specific Information (SSI) field,
which will display the month in which the notice
of the order or suspended investigation was
published in the Federal Register, also known as
the anniversary month. For example, for an order
under case number A–000–000 that was published
in the Federal Register in January, the relevant
segment and SSI combination will appear in
ACCESS as ‘‘AISL-January Anniversary.’’ Note that
there will be only one annual inquiry service list
segment per case number, and the anniversary
month will be pre-populated in ACCESS.
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17:54 Jul 13, 2023
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the following year, when the
Opportunity Notice for the anniversary
month of the order is published.
Commerce may update an annual
inquiry service list at any time as
needed based on interested parties’
amendments to their entries of
appearance to remove or otherwise
modify their list of members and
representatives, or to update contact
information. Any changes or
announcements pertaining to these
procedures will be posted to the
ACCESS website at https://
access.trade.gov.
Special Instructions for Petitioners and
Foreign Governments
In the Final Rule, Commerce stated
that, ‘‘after an initial request and
placement on the annual inquiry service
list, both petitioners and foreign
governments will automatically be
placed on the annual inquiry service list
in the years that follow.’’ 13
Accordingly, as stated above, the
petitioner and the Government of China
should submit their initial entry of
appearance after publication of this
notice in order to appear in the first
annual inquiry service list for this order.
Pursuant to 19 CFR 351.225(n)(3), the
petitioner and the Government of China
will not need to resubmit their entries
of appearance each year to continue to
be included on the annual inquiry
service list. However, the petitioner and
the Government of China are
responsible for making amendments to
their entries of appearance during the
annual update to the annual inquiry
service list in accordance with the
procedures described above.
Notification to Interested Parties
This notice constitutes the CVD order
with respect to freight rail couplers from
China pursuant to section 706(a) of the
Act. Interested parties can find a list of
duty orders currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
This CVD order is published in
accordance with section 706(a) of the
Act and 19 CFR 351.211(b).
Dated: July 7, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Scope of the Order
The merchandise covered by the order is
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
PO 00000
13 See
Final Rule, 86 FR at 52335.
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45137
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 order
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 order 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 the order 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 to the
order 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
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Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Notices
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 order
is dispositive.
[FR Doc. 2023–14891 Filed 7–13–23; 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: Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC),
Commerce is issuing an antidumping
duty order on certain freight rail
couplers and parts thereof (freight rail
couplers) from the People’s Republic of
China (China).
DATES: Applicable July 14, 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.
AGENCY:
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
Background
In accordance with sections 735(d)
and 777(i) of the Tariff Act of 1930, as
amended (the Act), On May 30, 2023,
Commerce published in the Federal
Register its affirmative final
determination in the less-than-fair-value
(LTFV) investigation of freight rail
couplers from China.1 On July 3, 2023,
the ITC notified Commerce of its final
determination, pursuant to section
735(d) of the Act, that an industry in the
United States is materially injured
within the meaning of section
735(b)(1)(A)(i) of the Act by reason of
LTFV imports freight rail couplers from
China, and that critical circumstances
do not exist with respect to dumped
1 See Certain Freight Rail Couplers and Parts
Thereof from the People’s Republic of China: Final
Affirmative Determination of Sales at Less-ThanFair Value and Final Affirmative Determination of
Critical Circumstances, 88 FR 34485 (May 30, 2023)
(Final Determination).
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Jkt 259001
imports of freight rail couplers from
China.2
Scope of the Order
The products covered by this order
are freight rail couplers from China. For
a complete description of the scope of
this order, see the appendix to this
notice.
Antidumping Duty Order
On July 3, 2023, in accordance with
section 735(d) of the Act, the ITC
notified Commerce of its final
determination that an industry in the
United States is materially injured
within the meaning of section
735(b)(1)(A)(1) of the Act by reason of
imports of freight rail couplers from
China.3 Therefore, Commerce is issuing
this antidumping duty order in
accordance with sections 735(c)(2) and
736 of the Act. Because the ITC
determined that imports of freight rail
couplers from China are materially
injuring a U.S. industry, unliquidated
entries of such merchandise from China,
entered or withdrawn from warehouse
for consumption, are subject to the
assessment of antidumping duties.
Therefore, in accordance with section
736(a)(1) of the Act, Commerce will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise, for all
relevant entries of freight rail couplers
from China. Antidumping duties will be
assessed on unliquidated entries of
freight rail couplers from China, or
withdrawn from warehouse, for
consumption, on or after March 13,
2023, the date of publication of the
Preliminary Determination in the
Federal Register.4
Continuation of Suspension of
Liquidation
In accordance with section 736 of the
Act, Commerce will instruct CBP to
continue to suspend liquidation on all
relevant entries of freight rail couplers
from China. These instructions
suspending liquidation will remain in
effect until further notice.
Commerce will also instruct CBP to
require cash deposits equal to the
2 See ITC’s Letter, Notification of ITC Final
Determinations, dated July 3, 2023.
3 Id.
4 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).
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estimated weighted-average dumping
margins indicated in the tables below.
Accordingly, effective on the date of
publication in the Federal Register of
the notice of the ITC’s final affirmative
injury determination, CBP will require,
at the same time as importers would
normally deposit estimated duties on
subject merchandise, a cash deposit
equal to the rates listed below.
Commerce determined that all exporters
of Chinese freight rail couplers are part
of the China-wide entity.5 Accordingly,
the China-wide entity rate listed below
applies to all exporters.
Estimated Weighted-Average Dumping
Margins
The estimated weighted-average
dumping margins are as follows:
Exporter/producer
China-Wide Entity
Estimated
weightedaverage
dumping
margin
(percent)
Estimated
weightedaverage
dumping
margin
adjusted
for export
subsidy
offset(s)
(percent) 6
169.90
139.49
Critical Circumstances
With respect to the ITC’s negative
critical circumstances determination on
imports of freight rail couplers,
Commerce intends to instruct CBP to lift
suspension and to refund any cash
deposits made to secure the payment of
estimated antidumping duties with
respect to entries of the subject
merchandise from China entered, or
withdrawn from warehouse, for
consumption on or after December 13,
2022 (i.e., 90 days prior to the date of
the publication of the Preliminary
Determination), but before March 13,
2023 (i.e., the date of publication of the
Preliminary Determination).
Establishment of the Annual Inquiry
Service Lists
On September 20, 2021, Commerce
published the final rule titled
‘‘Regulations to Improve Administration
and Enforcement of Antidumping and
Countervailing Duty Laws’’ in the
5 See
Final Determination.
estimated weighted-average dumping
margin listed in the Preliminary Determination did
not reflect an adjustment for export subsidies found
in the companion countervailing duty investigation
of freight rail couplers from China. Commerce will
instruct CBP to refund the difference between the
unadjusted estimated weighted-average dumping
margin collected as cash deposits (i.e., 169.90
percent) after the publication of the Preliminary
Determination and the estimated weighted-average
dumping margin adjusted for export subsidy
offset(s) (i.e., 139.49).
6 The
E:\FR\FM\14JYN1.SGM
14JYN1
]]>Agencies
[Federal Register Volume 88, Number 134 (Friday, July 14, 2023)]
[Notices]
[Pages 45135-45138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14891]
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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: Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing a countervailing duty (CVD) order
on certain freight rail couplers and parts thereof (freight rail
couplers) from the People's Republic of China (China).
DATES: Applicable July 14, 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
In accordance with section 705(d) of the Tariff Act of 1930, as
amended (the Act), on May 19, 2023, Commerce published its affirmative
final determination in the CVD investigation of freight rail couplers
from China.\1\ On July 3, 2023, the ITC notified Commerce of its final
affirmative determination that an industry in the United States is
[[Page 45136]]
materially injured by reason of subsidized imports of freight rail
couplers from China, within the meaning of section 705(b)(1)(A)(i) of
the Act.\2\
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\1\ See Certain Freight Rail Couplers and Parts Thereof from the
People's Republic of China: Final Affirmative Countervailing Duty
Determination and Final Affirmative Critical Circumstances
Determination, in Part, 88 FR 32184 (May 19, 2023) (Final
Determination).
\2\ See ITC's Letter, ``Notification of ITC Final
Determinations,'' dated July 3, 2023 (ITC Notification).
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Scope of the Order
The products covered by this order are freight rail couplers from
China. For a complete description of the scope of the order, see the
appendix to this notice.
Countervailing Duty Order
On July 3, 2023, in accordance with section 705(d) of the Act, the
ITC notified Commerce of its final determination that an industry in
the United States is materially injured within the meaning of section
705(b)(1)(A)(i) of the Act by reason of imports of freight rail
couplers from China.\3\ Therefore, Commerce is issuing this CVD order
in accordance with sections 705(c)(2) and 706 of the Act. Because the
ITC determined that imports of freight rail couplers from China are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from China entered, or withdrawn from warehouse, for
consumption are subject to the assessment of countervailing duties.
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\3\ Id.
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Therefore, in accordance with section 706(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, countervailing duties on
all relevant entries of freight rail couplers from China.
Countervailing duties will be assessed on unliquidated entries of
freight rail couplers from China which are entered, or withdrawn from
warehouse, for consumption on or after March 3, 2023, the date of
publication of the Preliminary Determination,\4\ but will not be
assessed on entries occurring after the expiration of the provisional
measures period and before publication of the ITC's final affirmative
injury determination, as further described in the ``Provisional
Measures'' section below.
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\4\ See 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, 88 FR 13425 (March 3, 2023)
(Preliminary Determination).
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Suspension of Liquidation and Cash Deposits
In accordance with section 706 of the Act, Commerce will instruct
CBP to continue to suspend liquidation of all relevant entries of
freight rail couplers from China. These instructions suspending
liquidation will remain in effect until further notice.
Commerce also intends, pursuant to section 706(a)(1) of the Act, to
instruct CBP to require cash deposits equal to the amounts as indicated
below. Accordingly, effective on the date of publication of the ITC's
final affirmative injury determination in the Federal Register, CBP
will require, at the same time as importers would deposit estimated
normal customs duties on the subject merchandise, a cash deposit for
each entry of subject merchandise equal to the subsidy rates listed
below.\5\ The all-others rate applies to all producers or exporters not
specifically listed below, as appropriate.
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\5\ See section 706(a)(3) of the Act.
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
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
Shaanxi Haiduo Railway Technology Development Co., Ltd.. 265.99
Shanghai Voith Xiagujin Chuang Coupler Technology Co., 265.99
Ltd....................................................
All Others.............................................. 265.99
------------------------------------------------------------------------
Provisional Measures
Section 703(d) of the Act states that suspension of liquidation
instructions issued pursuant to an affirmative preliminary
determination may not remain in effect for more than four months.
Commerce published its Preliminary Determination on March 3, 2023.\6\
Therefore, the provisional measures period, beginning on the date of
publication of the Preliminary Determination, ended on June 30, 2023.
Pursuant to section 707(b) of the Act, the collection of cash deposits
at the rates listed above will begin on the date of publication of the
ITC's final affirmative injury determinations.
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\6\ See Preliminary Determination.
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Therefore, in accordance with section 703(d) of the Act, Commerce
will instruct CBP to terminate the suspension of liquidation and to
liquidate, without regard to countervailing duties, unliquidated
entries of freight rail couplers from China entered, or withdrawn from
warehouse, for consumption after June 30, 2023, the date on which the
provisional measures expired, through July 6, 2023, the day preceding
the date of publication of the ITC's final injury determination in the
Federal Register.\7\ Suspension of liquidation will resume on the date
of publication of the ITC's final affirmative injury determination in
the Federal Register.
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\7\ See Certain Freight Rail Couplers and Parts Thereof from
China, 88 FR 43398 (July 7, 2023).
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Critical Circumstances
With regard to the ITC's negative critical circumstances
determination on imports of freight rail couplers from China,\8\
Commerce intends to instruct CBP to lift suspension and to refund any
cash deposits made to secure the payment of estimated countervailing
duties with respect to entries of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after December 3, 2022
(i.e., 90 days prior to the date of the publication of the Preliminary
Determination), but before March 3, 2023 (i.e., the date of publication
of the Preliminary Determination).
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\8\ Id.
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Establishment of the Annual Inquiry Service List
On September 20, 2021, Commerce published the Final Rule in the
Federal
[[Page 45137]]
Register.\9\ On September 27, 2021, Commerce also published the
Procedural Guidance in the Federal Register.\10\ The Final Rule and
Procedural Guidance provide that Commerce will maintain an annual
inquiry service list for each order or suspended investigation, and any
interested party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.\11\
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\9\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\10\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\11\ Id.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at https://access.trade.gov/, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \12\
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\12\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field, which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance, the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at https://access.trade.gov.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \13\ Accordingly, as stated
above, the petitioner and the Government of China should submit their
initial entry of appearance after publication of this notice in order
to appear in the first annual inquiry service list for this order.
Pursuant to 19 CFR 351.225(n)(3), the petitioner and the Government of
China will not need to resubmit their entries of appearance each year
to continue to be included on the annual inquiry service list. However,
the petitioner and the Government of China are responsible for making
amendments to their entries of appearance during the annual update to
the annual inquiry service list in accordance with the procedures
described above.
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\13\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the CVD order with respect to freight rail
couplers from China pursuant to section 706(a) of the Act. Interested
parties can find a list of duty orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
This CVD order is published in accordance with section 706(a) of
the Act and 19 CFR 351.211(b).
Dated: July 7, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The merchandise covered by the order is 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
order 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 order 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 the order 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 to the order 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
[[Page 45138]]
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 order is dispositive.
[FR Doc. 2023-14891 Filed 7-13-23; 8:45 am]
BILLING CODE 3510-DS-P
