Certain Freight Rail Couplers and Parts Thereof From Mexico: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances, 65153-65155 [2023-20483]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Notices is scheduled to end no later than 3 p.m. EST. The session will include a presentation of the goals and background information of the Veterinary Medicine Loan Repayment Program (VMLRP) and Veterinary Services Grant Program (VSGP), followed by comments from stakeholders. Each speaker who wishes to comment will virtually raise their hand and be placed into a queue in the order in which their hand was raised. When selected to speak, each speaker will be allowed 10 minutes to provide verbal comments. If you need a reasonable accommodation to register for or participate in this event, please contact Alan Robinson, Acting Director of Equal Opportunity Staff, at Alan.Robinson@ usda.gov, or 202–573–1514 no later than January 10, 2024. FOR FURTHER INFORMATION CONTACT: Marline Azevedo, VMLRP Program Coordinator, Marline.Azevedo@ usda.gov, 816–401–7790. SUPPLEMENTARY INFORMATION: This listening effort will allow stakeholders to provide feedback on the following questions: • What is your top priority for the VMLRP and/or VSGP in the next decade? • What are the greatest challenges that you see facing food animal veterinary practice, with respect to the VMLRP and VSGP, in the coming decade? • What improvements or enhancements would you make to VMLRP and VSGP? • What are the most promising opportunities/solutions for food animal veterinary practice, with respect to the VMLRP and VSGP, in the coming decade? NIFA welcomes stakeholder input from any group or individual interested in food animal veterinary services in the U.S., including but not limited to governmental agencies, academic institutions, State Animal Health Officials, applicants, current or former awardees, current or former food animal veterinary practitioners, producers, and any other interested parties. NIFA is eager to obtain stakeholder comments on the current challenges and needed breakthroughs as well as the priorities, solutions, and opportunities that will facilitate long-term sustainable services in food animal veterinary medicine. Implementation Plans: All input will become a part of the official record and available on the NIFA website, https:// www.nifa.usda.gov/. Stakeholder input received from the two mechanisms is VerDate Sep<11>2014 17:11 Sep 20, 2023 Jkt 259001 treated equally. The challenges, needed breakthroughs, and priorities identified by this effort will be evaluated in conjunction with input from NIFA staff. This information will be critical for NIFA’s evaluation and improvements of existing VMLRP and VSGP operations. Done at Washington, DC. Drenda Williams, Associate Director for Operations, National Institute of Food and Agriculture, U.S. Department of Agriculture. [FR Doc. 2023–20463 Filed 9–20–23; 8:45 am] BILLING CODE 3410–22–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–856] Corrosion-Resistant Steel Products From Taiwan: Notice of Third Amended Final Determination of Sales at Less than Fair Value Pursuant to Court Decision and Partial Exclusion From Antidumping Duty Order; Correction Enforcement and Compliance, International Trade Administration, Department of Commerce. ACTION: Notice; Correction. 65153 investigation of CORE from Taiwan. Accordingly, Commerce issued a third amended final determination for the LTFV investigation of CORE from Taiwan.1 In the third amended final Federal Register notice, Commerce inadvertently listed July 3, 2023 as the applicable date of the notice. However, with the issuance of this notice of correction, we confirm that the correct applicable date of the third amended final determination is August 25, 2023 (the initial date of publication of the third amended final determination notice in the Federal Register). Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c)(1) and (e) and 735(d) of the Tariff Act of 1930, as amended. Dated: September 15, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–20482 Filed 9–20–23; 8:45 am] BILLING CODE 3510–DS–P AGENCY: The U.S. Department of Commerce (Commerce) published a notice in the Federal Register of August 25, 2023, in which it issued the third amended final determination of sales at less than fair value (LTFV) concerning certain corrosion resistant steel products (CORE) from Taiwan. This notice inadvertently listed the incorrect applicable date of July 3, 2023; the correct applicable date is August 25, 2023, the date of publication of the third amended final notice in the Federal Register. SUMMARY: DEPARTMENT OF COMMERCE International Trade Administration [A–201–857] Certain Freight Rail Couplers and Parts Thereof From Mexico: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances Correction In the Federal Register of August 25, 2023, in FR Doc number 2023–18386, on page 58246, in the first column, correct the DATES caption to read: Applicable August 25, 2023. 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 Mexico are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2021, through June 30, 2022. DATES: Applicable September 21, 2023. FOR FURTHER INFORMATION CONTACT: Jonathan Hall-Eastman, 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) 482–1468. Background On June 23, 2023, the U.S. Court of International Trade (CIT) sustained Commerce’s second remand redetermination concerning the LTFV 1 See Corrosion-Resistant Steel Products from Taiwan: Notice of Third Amended Final Determination of Sales at Less Than Fair Value Pursuant to Court Decision and Partial Exclusion from Antidumping Duty Order, 88 FR 58245 (August 25, 2023). FOR FURTHER INFORMATION CONTACT: Brendan Quinn, 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) 482–5848. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 AGENCY: E:\FR\FM\21SEN1.SGM 21SEN1 65154 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Notices SUPPLEMENTARY INFORMATION: Background On May 3, 2023, Commerce published in the Federal Register its Preliminary Determination of the LTFV investigation of freight rail couplers from Mexico, in which it also postponed the final determination until September 15, 2023.1 Commerce invited interested parties to comment on the Preliminary Determination.2 For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum.3 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. Scope of the Investigation Scope Comments ddrumheller on DSK120RN23PROD with NOTICES1 During the course of this investigation and the concurrent LTFV and countervailing duty investigations of freight rail couplers from the People’s Republic of 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-specific case and rebuttal briefs.4 We received comments from interested parties on the Preliminary Scope Memorandum, which we address in the 1 See Certain Freight Rail Couplers and Parts Thereof from Mexico: Preliminary Affirmative Determination of Sales at Less Than Fair Value Preliminary Negative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 88 FR 27864 (May 3, 2023) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 Id. 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less Than Fair Value Investigation of Certain Freight Rail couplers from Mexico,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated March 28, 2023. 17:11 Sep 20, 2023 Jkt 259001 Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), in June and July 2023, we conducted verification of the sales and cost information submitted by ASF–K de Mexico S. de R.L. de C.V. (ASF–K) and Amsted Rail Company, Inc. (Amsted Rail) for use in our final determination. We used standard verification procedures, including an examination of relevant sales and accounting records, and original source documents provided by ASF–K and Amsted Rail.6 Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues raised in the Issues and Decision Memorandum is attached to this notice as appendix II. Changes Since the Preliminary Determination We have made certain changes to the margin calculations for ASF–K since the Preliminary Determination. See the Issues and Decision Memorandum for a discussion of these changes. The products covered by this investigation are freight rail couplers from Mexico. For a full description of the scope of this investigation, see appendix I. VerDate Sep<11>2014 Final Scope Memorandum.5 We did not make any changes to the scope of the investigation from the scope published in the Preliminary Determination, as noted in appendix I. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weightedaverage dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. In this case, Commerce calculated an individual estimated weighted-average dumping margin for ASF–K that is not zero, de minimis, or determined entirely under section 776 of the Act. Consequently, the rate calculated for ASF–K is also assigned as the rate for all other producers and exporters. 5 See Memorandum, ‘‘Final Scope Decision Memorandum,’’ dated May 15, 2023. 6 See Memoranda, ‘‘Verification of the Sales Responses of ASF–K de Mexico S. de R.L. de C.V. in the Antidumping Duty Investigation of Certain Freight Rail Couplers and Parts Thereof from Mexico,’’ dated July 12, 2023; and ‘‘Verification of the Cost Response of Amsted Rail Company, Inc. & ASF–K de Mexico S. de R.L. de C.V. in the Antidumping Duty Investigation of Certain Freight Rail Couplers from Mexico,’’ dated August 5, 2023. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 Final Negative Determination of Critical Circumstances In accordance with section 735(a)(3) of the Act and 19 CFR 351.206(h), Commerce finds that critical circumstances do not exist for ASF–K. For a full description of the methodology and results of Commerce’s critical circumstances analysis, see the ‘‘Final Negative Determination of Critical Circumstances’’ section of the Issues and Decision Memorandum. Final Determination Commerce determines that the following estimated weighted-average dumping margins exist for the POI: Producer/exporter ASF–K de Mexico S. de R.L. de C.V ............................... All Others .............................. Estimated weightedaverage dumping margin (percent) 48.10 48.10 Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this final determination within five days of the date of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice, in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of freight rail couplers from Mexico, as described in appendix I to this notice, which were entered, or withdrawn from warehouse for consumption on or after May 3, 2023, the date of publication of Preliminary Determination of this investigation in the Federal Register. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), upon publication of this notice, Commerce will instruct CBP to require a cash deposit equal to the estimated weightedaverage dumping margin or the estimated all-others rate, as follows: (1) the cash deposit rate for the respondent listed above will be equal to the company-specific estimated weightedaverage dumping margin determined in this final determination; (2) if the exporter is not a respondent identified above but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted- E:\FR\FM\21SEN1.SGM 21SEN1 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Notices average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because Commerce’s final determination is affirmative, in accordance with section 735(b)(2) 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 or sales (or the likelihood of sales) for importation of freight rail couplers from Mexico no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, and all cash deposits posted will be refunded and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise 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. ddrumheller on DSK120RN23PROD with NOTICES1 Administrative Protective Order This notice will serve as a final reminder to the 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 return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). VerDate Sep<11>2014 17:11 Sep 20, 2023 Jkt 259001 Dated: September 15, 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 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. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 65155 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 Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Final Negative Determination of Critical Circumstances V. Changes Since the Post-Preliminary Determination VI. Discussion of the Issues Comment 1: Whether ASF–K Has a Viable Mexican Home Market Comment 2: Whether ASF–K’s IMMEX Sales Are U.S. Sales Comment 3: Whether Commerce Should Disqualify Counsel to Petitioner and Dismiss the Petition Due to a Conflict of Interest Comment 4: Whether Commerce Should Revoke the Initiation of an MNC Provision Investigation Comment 5: Whether Commerce Should Disallow ASF–K’s Reported Surcharges Comment 6: Whether ASF–K’s Technical Support Expenses Are Indirect Selling Expenses Comment 7: Whether ASF–K’s Technical Support Expenses Should Be Allocated to the U.S. Market Comment 8: Whether To Incorporate Information From Verifications Into the Final Calculations VII. Recommendation [FR Doc. 2023–20483 Filed 9–20–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Raw Honey From the Socialist Republic of Vietnam: Addendum to Initiation of Antidumping Duty Administrative Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) has received requests to conduct an administrative review of the antidumping duty (AD) AGENCY: E:\FR\FM\21SEN1.SGM 21SEN1

Agencies

[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Notices]
[Pages 65153-65155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20483]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-857]


Certain Freight Rail Couplers and Parts Thereof From Mexico: 
Final Affirmative Determination of Sales at Less Than Fair Value and 
Final Negative 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 Mexico are being, or are likely to be, sold in the United States 
at less than fair value (LTFV). The period of investigation (POI) is 
July 1, 2021, through June 30, 2022.

DATES: Applicable September 21, 2023.

FOR FURTHER INFORMATION CONTACT: Jonathan Hall-Eastman, 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) 482-1468.

[[Page 65154]]


SUPPLEMENTARY INFORMATION:

Background

    On May 3, 2023, Commerce published in the Federal Register its 
Preliminary Determination of the LTFV investigation of freight rail 
couplers from Mexico, in which it also postponed the final 
determination until September 15, 2023.\1\ Commerce invited interested 
parties to comment on the Preliminary Determination.\2\
---------------------------------------------------------------------------

    \1\ See Certain Freight Rail Couplers and Parts Thereof from 
Mexico: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value Preliminary Negative Determination of Critical 
Circumstances, Postponement of Final Determination, and Extension of 
Provisional Measures, 88 FR 27864 (May 3, 2023) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum 
(PDM).
    \2\ Id.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
Preliminary Determination, see the Issues and Decision Memorandum.\3\ 
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.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less Than Fair Value 
Investigation of Certain Freight Rail couplers from Mexico,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are freight rail 
couplers from Mexico. For a full 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 the 
People's Republic of 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-specific case and rebuttal briefs.\4\ We 
received comments from interested parties on the Preliminary Scope 
Memorandum, which we address in the Final Scope Memorandum.\5\ We did 
not make any changes to the scope of the investigation from the scope 
published in the Preliminary Determination, as noted in appendix I.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Preliminary Scope Decision Memorandum,'' 
dated March 28, 2023.
    \5\ See Memorandum, ``Final Scope Decision Memorandum,'' dated 
May 15, 2023.
---------------------------------------------------------------------------

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), in June and July 2023, we conducted verification of the 
sales and cost information submitted by ASF-K de Mexico S. de R.L. de 
C.V. (ASF-K) and Amsted Rail Company, Inc. (Amsted Rail) for use in our 
final determination. We used standard verification procedures, 
including an examination of relevant sales and accounting records, and 
original source documents provided by ASF-K and Amsted Rail.\6\
---------------------------------------------------------------------------

    \6\ See Memoranda, ``Verification of the Sales Responses of ASF-
K de Mexico S. de R.L. de C.V. in the Antidumping Duty Investigation 
of Certain Freight Rail Couplers and Parts Thereof from Mexico,'' 
dated July 12, 2023; and ``Verification of the Cost Response of 
Amsted Rail Company, Inc. & ASF-K de Mexico S. de R.L. de C.V. in 
the Antidumping Duty Investigation of Certain Freight Rail Couplers 
from Mexico,'' dated August 5, 2023.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are discussed in the Issues and Decision Memorandum. 
A list of the issues raised in the Issues and Decision Memorandum is 
attached to this notice as appendix II.

Changes Since the Preliminary Determination

    We have made certain changes to the margin calculations for ASF-K 
since the Preliminary Determination. See the Issues and Decision 
Memorandum for a discussion of these changes.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act.
    In this case, Commerce calculated an individual estimated weighted-
average dumping margin for ASF-K that is not zero, de minimis, or 
determined entirely under section 776 of the Act. Consequently, the 
rate calculated for ASF-K is also assigned as the rate for all other 
producers and exporters.

Final Negative Determination of Critical Circumstances

    In accordance with section 735(a)(3) of the Act and 19 CFR 
351.206(h), Commerce finds that critical circumstances do not exist for 
ASF-K. For a full description of the methodology and results of 
Commerce's critical circumstances analysis, see the ``Final Negative 
Determination of Critical Circumstances'' section of the Issues and 
Decision Memorandum.

Final Determination

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

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                    Producer/exporter                         average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
ASF-K de Mexico S. de R.L. de C.V.......................           48.10
All Others..............................................           48.10
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this final determination within five 
days of the date of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice, in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all entries of freight rail couplers from 
Mexico, as described in appendix I to this notice, which were entered, 
or withdrawn from warehouse for consumption on or after May 3, 2023, 
the date of publication of Preliminary Determination of this 
investigation in the Federal Register.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), upon publication of this notice, Commerce will instruct CBP 
to require a cash deposit equal to the estimated weighted-average 
dumping margin or the estimated all-others rate, as follows: (1) the 
cash deposit rate for the respondent listed above will be equal to the 
company-specific estimated weighted-average dumping margin determined 
in this final determination; (2) if the exporter is not a respondent 
identified above but the producer is, then the cash deposit rate will 
be equal to the company-specific estimated weighted-

[[Page 65155]]

average dumping margin established for that producer of the subject 
merchandise; and (3) the cash deposit rate for all other producers and 
exporters will be equal to the all-others estimated weighted-average 
dumping margin. These suspension of liquidation instructions will 
remain in effect until further notice.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because Commerce's final determination 
is affirmative, in accordance with section 735(b)(2) 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 or sales (or the likelihood of 
sales) for importation of freight rail couplers from Mexico no later 
than 45 days after this final determination. If the ITC determines that 
such injury does not exist, this proceeding will be terminated, and all 
cash deposits posted will be refunded and suspension of liquidation 
will be lifted. If the ITC determines that such injury does exist, 
Commerce will issue an antidumping duty order directing CBP to assess, 
upon further instruction by Commerce, antidumping duties on all imports 
of the subject merchandise 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.

Administrative Protective Order

    This notice will serve as a final reminder to the 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 return or destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).

    Dated: September 15, 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 
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 Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Final Negative Determination of Critical Circumstances
V. Changes Since the Post-Preliminary Determination
VI. Discussion of the Issues
    Comment 1: Whether ASF-K Has a Viable Mexican Home Market
    Comment 2: Whether ASF-K's IMMEX Sales Are U.S. Sales
    Comment 3: Whether Commerce Should Disqualify Counsel to 
Petitioner and Dismiss the Petition Due to a Conflict of Interest
    Comment 4: Whether Commerce Should Revoke the Initiation of an 
MNC Provision Investigation
    Comment 5: Whether Commerce Should Disallow ASF-K's Reported 
Surcharges
    Comment 6: Whether ASF-K's Technical Support Expenses Are 
Indirect Selling Expenses
    Comment 7: Whether ASF-K's Technical Support Expenses Should Be 
Allocated to the U.S. Market
    Comment 8: Whether To Incorporate Information From Verifications 
Into the Final Calculations
VII. Recommendation

[FR Doc. 2023-20483 Filed 9-20-23; 8:45 am]
BILLING CODE 3510-DS-P
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