Certain Freight Rail Couplers and Parts Thereof From Mexico: Antidumping Duty Order, 78308-78310 [2023-25201]
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78308
Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Notices
351.511(a)(2), filed pursuant to 19 CFR
351.301(c)(3) and rebuttal, clarification
and correction filed pursuant to 19 CFR
351.301(c)(3)(iv); (3) comments
concerning the selection of a surrogate
country and surrogate values and
rebuttal; (4) comments concerning CBP
data; and (5) Q&V questionnaires. Under
certain circumstances, Commerce may
elect to specify a different time limit by
which extension requests will be
considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case,
Commerce will inform parties in the
letter or memorandum setting forth the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. This policy also
requires that an extension request must
be made in a separate, stand-alone
submission, and clarifies the
circumstances under which Commerce
will grant untimely-filed requests for the
extension of time limits. Please review
the Final Rule, available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/
html/2013-22853.htm, prior to
submitting factual information in these
segments.
Notification to Interested Parties
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 U.S.C. 1675(a)) and 19 CFR
351.221(c)(1)(i).
Dated: November 7, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2023–25138 Filed 11–14–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–857]
Certain Freight Rail Couplers and Parts
Thereof From Mexico: 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 Mexico.
DATES: Applicable November 15, 2023.
FOR FURTHER INFORMATION CONTACT:
Jonathan Hall-Eastman, AD/CVD
Operations, Office III, Enforcement and
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AGENCY:
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Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1468
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d)
and 777(i) of the Tariff Act of 1930, as
amended (the Act), on September 21,
2023, Commerce published its
affirmative final determination in the
less-than-fair-value (LTFV) investigation
of freight rail couplers from Mexico.1
On November 6, 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 of freight rail
couplers from Mexico.2
Scope of the Order
The products covered by this order
are freight rail couplers from Mexico.
For a complete description of the scope
of the order, see the appendix to this
notice.
Antidumping Duty Order
On November 6, 2023, in accordance
with sections 735(b)(1)(A)(i) and 735(d)
of the Act, the ITC notified Commerce
of its final determination that an
industry in the United States is
materially injured by reason of imports
of freight rail couplers from Mexico.
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
Mexico are materially injuring a U.S.
industry, unliquidated entries of such
merchandise from Mexico, 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 Mexico. With the exception of
1 See 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, 88 FR 61653 (September 21, 2023)
(Final Determination).
2 See ITC’s Letter, Investigation No. 731–TA–1593
(Final), dated November 6, 2023.
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entries occurring after the expiration of
the provisional measures period and
before publication of the ITC’s final
affirmative injury determination, as
further described below, antidumping
duties will be assessed on unliquidated
entries of freight rail couplers from
Mexico, entered, or withdrawn from
warehouse, for consumption, on or after
May 3, 2023, the date of publication of
the Preliminary Determination.3
Continuation of Suspension of
Liquidation and Cash Deposits
Except as noted in the ‘‘Provisional
Measures’’ section of this notice, 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
Mexico. These instructions suspending
liquidation will remain in effect until
further notice.
Commerce will also instruct CBP to
require cash deposits equal to the
amounts indicated 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 this subject
merchandise, a cash deposit equal to the
cash deposit rates listed in the table
below. The all-others rate applies to all
producers or exporters not specifically
listed, as appropriate.
Estimated Weighted-Average Dumping
Margins
The estimated weighted-average
dumping margins for this antidumping
order are as follows:
Exporter/producer
ASF–K de Mexico S. de R.L. de
C.V ..........................................
All Others ....................................
Weightedaverage
dumping
margin
(percent)
48.10
48.10
Provisional Measures
Section 733(d) of the Act states that
suspension of liquidation pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except where exporters
representing a significant proportion of
exports of the subject merchandise
3 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).
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Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Notices
request that Commerce extend the fourmonth period to no more than six
months. At the request of exporters that
account for a significant proportion of
freight rail couplers from Mexico,
Commerce extended the four-month
period to six months. Commerce’s
Preliminary Determination was
published on May 3, 2023.4 Commerce’s
Final Determination was extended and
was published on September 15, 2023.5
The extended provisional measures
period, beginning on the date of
publication of the Preliminary
Determination, ended on October 29,
2023. Therefore, in accordance with
section 733(d) of the Act and our
practice,6 Commerce will instruct CBP
to terminate the suspension of
liquidation and to liquidate, without
regard to antidumping duties,
unliquidated entries of freight rail
couplers from Mexico entered or
withdrawn from warehouse, for
consumption after October 29, 2023, the
final day on which the provisional
measures were in effect, until and
through the day preceding the date of
publication of the ITC’s final affirmative
injury determination in the Federal
Register. Suspension of liquidation and
the collection of cash deposits will
resume on the date of publication of the
ITC’s final determination in the Federal
Register.
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
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
4 Id.
Final Determination.
e.g., Certain Corrosion-Resistant Steel
Products from India, India, the People’s Republic of
China, the Republic of Korea and Taiwan:
Amended Final Affirmative Antidumping
Determination for India and Taiwan, and
Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
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).
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
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.
5 See
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6 See,
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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 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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78309
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. 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 Mexico
pursuant to section 736(a) of the Act.
Interested parties can find a list of
antidumping duty orders currently in
effect at https://www.trade.gov/datavisualization/adcvd-proceedings.
This order is published in accordance
with section 736(a) of the Act and 19
CFR 351.211(b).
Dated: November 8, 2023.
Abdelali Elouaradia,
Deputy 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.
11 See
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Final Rule, 86 FR at 52335.
15NON1
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78310
Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Notices
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 non-subject
merchandise, such as other non-subject 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 non-subject
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.
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. 2023–25201 Filed 11–14–23; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD521]
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The New England Fishery
Management Council (Council) is
scheduling a meeting of its Scallop
Committee via webinar to consider
actions affecting New England fisheries
in the exclusive economic zone (EEZ).
Recommendations from this group will
be brought to the full Council for formal
consideration and action, if appropriate.
DATES: This meeting will be held on
Wednesday, November 29, 2023, at 1
p.m.
SUMMARY:
ADDRESSES:
Webinar registration URL
information: https://attendee.
gotowebinar.com/register/
4699670473411333979.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT: Cate
O’Keefe, Ph.D., Executive Director, New
England Fishery Management Council;
telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
Agenda
The Committee will review
Framework 38 (FW38): review
specifications alternatives in FW38 and
select final preferred alternatives. FW38
will set specifications including the
overfishing limit (OFL), acceptable
biological catch/annual catch limit
(ABC/ACLs), days-at-sea (DAS), access
area allocations for Limited Access (LA)
vessels, quota and access area trip
allocation to the Limited Access General
Category (LAGC) Individual Fishing
Quota (IFQ) component, Total
Allowable Landings (TAL) for Northern
Gulf of Maine (NGOM) management
area, a target-TAC for LAGC incidental
catch and set-asides for the observer and
research programs for fishing year 2024,
and default specifications for fishing
year 2025. This action also considers
increasing VMS ping rates for scallop
vessels to improve enforcement in the
scallop fishery. Other business will be
discussed, if necessary.
Although non-emergency issues not
contained on the agenda may come
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Sfmt 4703
before this Council for discussion, those
issues may not be the subject of formal
action during this meeting. Council
action will be restricted to those issues
specifically listed in this notice and any
issues arising after publication of this
notice that require emergency action
under section 305(c) of the MagnusonStevens Act, provided the public has
been notified of the Council’s intent to
take final action to address the
emergency. The public also should be
aware that the meeting will be recorded.
Consistent with 16 U.S.C. 1852, a copy
of the recording is available upon
request.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to Cate
O’Keefe, Ph.D., Executive Director, at
(978) 465–0492, at least 5 days prior to
the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 9, 2023.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–25225 Filed 11–14–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD361]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Lutak Dock
Replacement Project, Haines Borough,
Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; proposed incidental
harassment authorization; request for
comments on proposed authorization
and possible renewal.
AGENCY:
NMFS has received a request
from Haines Borough for authorization
to take marine mammals incidental to
the Lutak dock replacement project in
Lutak, Alaska. Pursuant to the Marine
Mammal Protection Act (MMPA), NMFS
is requesting comments on its proposal
to issue an incidental harassment
authorization (IHA) to incidentally take
marine mammals during the specified
activities. NMFS is also requesting
comments on a possible one-time, 1year renewal that could be issued under
certain circumstances and if all
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 219 (Wednesday, November 15, 2023)]
[Notices]
[Pages 78308-78310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25201]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-857]
Certain Freight Rail Couplers and Parts Thereof From Mexico:
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 Mexico.
DATES: Applicable November 15, 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
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i) of the Tariff Act of
1930, as amended (the Act), on September 21, 2023, Commerce published
its affirmative final determination in the less-than-fair-value (LTFV)
investigation of freight rail couplers from Mexico.\1\ On November 6,
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 of freight rail couplers from Mexico.\2\
---------------------------------------------------------------------------
\1\ See 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, 88
FR 61653 (September 21, 2023) (Final Determination).
\2\ See ITC's Letter, Investigation No. 731-TA-1593 (Final),
dated November 6, 2023.
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Scope of the Order
The products covered by this order are freight rail couplers from
Mexico. For a complete description of the scope of the order, see the
appendix to this notice.
Antidumping Duty Order
On November 6, 2023, in accordance with sections 735(b)(1)(A)(i)
and 735(d) of the Act, the ITC notified Commerce of its final
determination that an industry in the United States is materially
injured by reason of imports of freight rail couplers from Mexico.
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 Mexico are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from Mexico, 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 Mexico. With the
exception of entries occurring after the expiration of the provisional
measures period and before publication of the ITC's final affirmative
injury determination, as further described below, antidumping duties
will be assessed on unliquidated entries of freight rail couplers from
Mexico, entered, or withdrawn from warehouse, for consumption, on or
after May 3, 2023, the date of publication of the Preliminary
Determination.\3\
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\3\ 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).
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Continuation of Suspension of Liquidation and Cash Deposits
Except as noted in the ``Provisional Measures'' section of this
notice, 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 Mexico. These instructions suspending
liquidation will remain in effect until further notice.
Commerce will also instruct CBP to require cash deposits equal to
the amounts indicated 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 this subject
merchandise, a cash deposit equal to the cash deposit rates listed in
the table below. The all-others rate applies to all producers or
exporters not specifically listed, as appropriate.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins for this antidumping
order are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
ASF-K de Mexico S. de R.L. de C.V........................... 48.10
All Others.................................................. 48.10
------------------------------------------------------------------------
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise
[[Page 78309]]
request that Commerce extend the four-month period to no more than six
months. At the request of exporters that account for a significant
proportion of freight rail couplers from Mexico, Commerce extended the
four-month period to six months. Commerce's Preliminary Determination
was published on May 3, 2023.\4\ Commerce's Final Determination was
extended and was published on September 15, 2023.\5\
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\4\ Id.
\5\ See Final Determination.
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The extended provisional measures period, beginning on the date of
publication of the Preliminary Determination, ended on October 29,
2023. Therefore, in accordance with section 733(d) of the Act and our
practice,\6\ Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of freight rail couplers from Mexico entered or
withdrawn from warehouse, for consumption after October 29, 2023, the
final day on which the provisional measures were in effect, until and
through the day preceding the date of publication of the ITC's final
affirmative injury determination in the Federal Register. Suspension of
liquidation and the collection of cash deposits will resume on the date
of publication of the ITC's final determination in the Federal
Register.
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\6\ See, e.g., Certain Corrosion-Resistant Steel Products from
India, India, the People's Republic of China, the Republic of Korea
and Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
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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 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
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. 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 Mexico pursuant to section 736(a) of the
Act. Interested parties can find a list of antidumping duty orders
currently in effect at https://www.trade.gov/data-visualization/adcvd-proceedings.
This order is published in accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: November 8, 2023.
Abdelali Elouaradia,
Deputy 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.
[[Page 78310]]
Subject freight railcar couplers and parts are included within
the scope whether finished or unfinished, whether imported
individually or with other subject or non-subject parts, whether
assembled or unassembled, whether mounted or unmounted, or if joined
with non-subject merchandise, such as other non-subject 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 non-subject 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 non-subject 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 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. 2023-25201 Filed 11-14-23; 8:45 am]
BILLING CODE 3510-DS-P
