Certain Freight Rail Couplers and Parts Thereof From the People's Republic of China: Antidumping Duty Order, 45138-45140 [2023-14892]
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45138
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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18:44 Jul 13, 2023
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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Fmt 4703
Sfmt 4703
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
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Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Notices
Federal Register.7 On September 27,
2021, Commerce also published the
notice titled ‘‘Scope Ruling Application;
Annual Inquiry Service List; and
Informational Sessions’’ in the Federal
Register.8 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.9
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.’’ 10
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
lotter on DSK11XQN23PROD with NOTICES1
7 See
Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300 (September 20, 2021)
(Final Rule).
8 See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021) (Procedural Guidance).
9 Id.
10 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
Jkt 259001
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.’’ 11
Accordingly, as stated above, the
petitioners and foreign governments
should submit their initial entry of
appearance after publication of this
notice in order to appear in the first
annual inquiry service list for those
orders for which they qualify as an
interested party. Pursuant to 19 CFR
351.225(n)(3), the petitioners and
foreign governments will not need to
resubmit their entries of appearance
each year to continue to be included on
the annual inquiry service list.
However, the petitioners and foreign
governments 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
antidumping duty order with respect to
freight rail couplers from China
pursuant to section 736(a) of the Act.
Interested parties can find a list of
antidumping duty orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
This antidumping duty order is
published in accordance with section
736(a) of the Act and 19 CFR 351.211(b).
PO 00000
11 See
Final Rule, 86 FR at 52335.
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45139
Dated: July 7, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Scope of the Order
The scope of this order 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 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 this 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.
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45140
Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Notices
The couplers that are the subject of this
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
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 order
is dispositive.
[FR Doc. 2023–14892 Filed 7–13–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–889]
Dioctyl Terephthalate From the
Republic of Korea: Notice of Initiation
and Preliminary Results of
Antidumping Duty Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request for a
changed circumstances review (CCR),
the U.S. Department of Commerce
(Commerce) is initiating a CCR of the
antidumping duty (AD) order on dioctyl
terephthalate (DOTP) from the Republic
of Korea (Korea). Additionally,
Commerce preliminarily determines
that Aekyung Chemical Co., Ltd. (AKC)
is the successor-in-interest to Aekyung
Petrochemical Co., Ltd. (AKP).
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable July 14, 2023.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4243.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
Background
On August 18, 2017, Commerce
published the AD order on DOTP from
Korea in the Federal Register.1 On
December 6, 2022, AKC requested that
Commerce conduct an expedited CCR of
the Order, in accordance with section
1 See Dioctyl Terephthalate from the Republic of
Korea: Antidumping Duty Order, 82 FR 39409
(August 18, 2017) (Order).
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17:54 Jul 13, 2023
Jkt 259001
751(b) of the Tariff Act of 1930, as
amended (the Act), 19 CFR 351.216(d),
and 19 CFR 351.221(c)(3)(ii) to
determine that AKC is the successor-ininterest to AKP and is entitled to the
cash deposit rate currently in effect for
AKP.2 On January 5, 2023, Commerce
issued a request for supplemental
information to AKC, which we
determined was necessary for the CCR
request to be considered complete.3 On
May 24, 2023, AKC resubmitted its
initial CCR request with complete
responses to Commerce’s request for
supplemental information included,4 at
which point Commerce considered the
complete CCR request to be submitted
in proper form.
AKC explained that it requested a
CCR because AKP changed its name
pursuant to a merger agreement, in
which the companies formerly known
as Aekyung Chemical Co., Ltd., and AK
ChemTech Co., Ltd., were merged into
AKP, under the new company name,
AKC.5 The legal entity formerly known
as AKP continues to exist under the
name of AKC.6 However, due to the
merger, the legal entities formerly
known as Aekyung Chemical Co., Ltd.,
and AK ChemTech Co., Ltd., ceased to
exist effective November 1, 2021.
Pursuant to the merger agreement, all
assets, liabilities, rights, and obligations
as well as any intangible rights of
proprietary nature (including but not
limited to licenses and permits,
employment and contractual
relationships, and litigations) of the
former Aekyung Chemical Co., Ltd., and
AK ChemTech Co., Ltd., were
transferred to and assumed by postmerger AKC.7 AKC explained further
that prior to the merger, neither the
former Aekyung Chemical Co., Ltd., nor
AK ChemTech Co., Ltd., had any
involvement in the production, sale, or
2 See AKC’s Letter, ‘‘Request for Changed
Circumstances Review and Successor-in-Interest
Determination,’’ dated December 6, 2022 (Initial
CCR Request).
3 See Commerce’s Letter, ‘‘Request for Additional
Information,’’ dated January 3, 2023.
4 See AKC’s Letter, ‘‘Response to the
Department’s January 5 Request for Additional
Information,’’ dated May 23, 2023, inclusive of
Volume I (Resubmission of the Initial CCR Request)
and Volume II (Response to Request for
Supplementary Information) (Complete CCR
Request).
5 See Complete CCR Request at Volume I,
Attachments 1, ‘‘Merger Agreement,’’ and 2,
‘‘Notice of Merger.’’
6 The business registration number and
corporation registration number assigned to AKP
continue to be assigned to AKC after the merger.
The business registration certificates for pre-merger
AKP and post-merger AKC are provided in
Attachment 3 of AKC’s Initial CCR request and
Volume I of AKC’s Complete CCR Request.
7 See Complete CCR Request at Volume I at 3.
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Frm 00013
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Sfmt 4703
distribution of DOTP.8 In addition, after
the merger, the operations of DOTP
conducted by AKP prior to the merger
continued to be performed by the
company under the new legal name,
AKC.9 As a result, AKC explained that
the merger did not affect the
management or internal organization
structure of the DOTP business,
production, supplier relationships, or
customer base.10
We received no comments from
interested parties concerning this
request.
Scope of the Order
The merchandise covered by this
Order is DOTP, regardless of form. For
a complete description of the scope of
the Order, see the Preliminary Decision
Memorandum.11
Initiation of CCR
Pursuant to section 751(b)(1) of the
Act, and 19 CFR 351.216, Commerce
will conduct a CCR of an order upon
receipt of information or a review
request from an interested party for a
review of an AD order which shows
changed circumstances sufficient to
warrant a review of the order. The
information submitted by AKC
supporting its claim to be the successorin-interest to AKP demonstrates
changed circumstances sufficient to
warrant such a review.12 Therefore, in
accordance with section 751(b)(1)(A) of
the Act and 19 CFR 351.216(d) and (e),
we are initiating a CCR based upon the
information contained in AKC’s CCR
Request.
Preliminary Results of Review
Section 351.221(c)(3)(ii) of
Commerce’s regulations permits
Commerce to combine the notice of
initiation of a CCR and the notice of
preliminary results if Commerce
concludes that expedited action is
warranted.13 In this instance, because
the record contains information
necessary to make a preliminary
finding, we find that expedited action is
8 Id.
9 Id.
10 Id.
at 3–4.
Memorandum, ‘‘Decision Memorandum for
Initiation and Preliminary Results of Changed
Circumstances Review: Dioctyl Terephthalate from
the Republic of Korea,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
12 See 19 CFR 351.216(d).
13 See 19 CFR 351.221(c)(3)(ii); see also Certain
Pasta from Italy: Initiation and Preliminary Results
of Antidumping Duty Changed Circumstances
Review, 80 FR 33480, 33480–41 (June 12, 2015)
(Pasta from Italy Preliminary Results), unchanged
in Certain Pasta from Italy: Final Results of
Changed Circumstances Review, 80 FR 48807
(August 14, 2015) (Pasta from Italy Final Results).
11 See
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]]>Agencies
[Federal Register Volume 88, Number 134 (Friday, July 14, 2023)]
[Notices]
[Pages 45138-45140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14892]
-----------------------------------------------------------------------
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
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 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.
SUPPLEMENTARY INFORMATION:
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 imports of freight rail couplers from China.\2\
---------------------------------------------------------------------------
\1\ See 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, 88 FR 34485 (May 30, 2023) (Final
Determination).
\2\ See ITC's Letter, Notification of ITC Final Determinations,
dated July 3, 2023.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\3\ Id.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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 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.
---------------------------------------------------------------------------
\5\ See Final Determination.
---------------------------------------------------------------------------
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
---------------------------------------------------------------------------
\6\ The 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).
------------------------------------------------------------------------
Estimated
weighted-
average
Estimated dumping
weighted- margin
Exporter/producer average adjusted
dumping for export
margin subsidy
(percent) offset(s)
(percent)
\6\
------------------------------------------------------------------------
China-Wide Entity............................. 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
[[Page 45139]]
Federal Register.\7\ On September 27, 2021, Commerce also published the
notice titled ``Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions'' in the Federal Register.\8\ 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.\9\
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\7\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\8\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\9\ 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.'' \10\
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\10\ 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.'' \11\ Accordingly, as stated
above, the petitioners and foreign governments should submit their
initial entry of appearance after publication of this notice in order
to appear in the first annual inquiry service list for those orders for
which they qualify as an interested party. Pursuant to 19 CFR
351.225(n)(3), the petitioners and foreign governments will not need to
resubmit their entries of appearance each year to continue to be
included on the annual inquiry service list. However, the petitioners
and foreign governments 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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\11\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the antidumping duty order with respect to
freight rail couplers from China pursuant to section 736(a) of the Act.
Interested parties can find a list of antidumping duty orders currently
in effect at https://enforcement.trade.gov/stats/iastats1.html.
This antidumping duty order is published in accordance with section
736(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 scope of this order 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 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 this 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.
[[Page 45140]]
The couplers that are the subject of this 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 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 order is dispositive.
[FR Doc. 2023-14892 Filed 7-13-23; 8:45 am]
BILLING CODE 3510-DS-P
