[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Pages 58864-58869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23231]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-143]


Freight Rail Coupler Systems and Certain Components Thereof From 
the People's Republic of China: Initiation of Less-Than-Fair-Value 
Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce

DATES: Applicable October 19, 2021.

FOR FURTHER INFORMATION CONTACT: Mark Harrison, AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-0357.

SUPPLEMENTARY INFORMATION:

The Petition

    On September 29, 2021, the U.S. Department of Commerce (Commerce) 
received an antidumping duty (AD) petition concerning imports of 
freight rail coupler systems and certain components thereof (freight 
rail couplers) from the People's Republic of China (China) filed in 
proper form on behalf of the Coalition of Freight Coupler Producers 
(the petitioner).\1\ On October 6, 2021, the petitioner filed an 
amendment to the Petition, clarifying the identity of the members of 
the Coalition of Freight Coupler Producers, the members of which are, 
or represent, domestic producers of freight rail couplers.\2\ The 
Petition was accompanied by a countervailing duty (CVD) petition 
concerning imports of freight rail couplers from China.\3\
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    \1\ See Petitioner's Letter, ``Certain Freight Rail Coupler 
Systems and Components Thereof from the People's Republic of China: 
Petitions for the Imposition of Antidumping and Countervailing 
Duties,'' dated September 29, 2021 (the Petition).
    \2\ See Petitioner's Letters, ``Amended Entry of Appearance: A-
570-143,'' dated October 6, 2021 (Amended EOA) and ``Freight Rail 
Coupler Systems and Certain Components Thereof from the People's 
Republic of China: Response to First Supplemental Questions for on 
Volume I General Issues and Injury Petition,'' dated October 6, 2021 
(First General Issues Supplement). The petitioner notes that, per 
the Amended EOA, the members of the Coalition of Freight Coupler 
Producers are: McConway & Torley, LLC and the United Steel, Paper & 
Forestry, Rubber, Manufacturing, Energy, Allied Industrial and 
Service Worker International Union, AFL-CIO, CLC (the USW). The 
petitioner further notes that Amsted Rail Company, Inc. (Amsted) is 
no longer a member of the petitioning coalition and that the USW 
represents the workers at Amsted's Granite, IL facility. See First 
General Issues Supplement at 8.
    \3\ See the Petition.
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    On October 1, 4, 8, and 15, 2021, Commerce requested supplemental 
information pertaining to certain aspects of the Petition in both 
general and AD-specific separate supplemental questionnaires and phone 
calls with the petitioner.\4\ On October 6, 12, and 18,

[[Page 58865]]

2021, the petitioner filed timely responses to these requests for 
additional information.\5\
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    \4\ See Commerce's Letters, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Certain Freight 
Rail Coupler Systems and Components Thereof from the People's 
Republic of China: Supplemental Questions,'' dated October 4, 2021 
(General Issues Supplemental); ``Petition for the Imposition of 
Antidumping Duties on Imports of Certain Freight Rail Coupler 
Systems and Components Thereof from the People's Republic of China: 
Supplemental Questions,'' dated October 4, 2021; Memorandum, 
``Petitions for the Imposition of Antidumping and Countervailing 
Duties on Imports of Certain Freight Rail Coupler Systems and 
Components Thereof from the People's Republic of China: Phone Call 
with Counsel to the Petitioner,'' dated October 4, 2021 (October 4, 
2021, Phone Call Memorandum); Memorandum, ``Petitions for the 
Imposition of Antidumping and Countervailing Duties on Imports of 
Certain Freight Rail Coupler Systems and Components Thereof from the 
People's Republic of China: Phone Call with Counsel to the 
Petitioner,'' dated October 8, 2021 (October 8, 2021, Phone Call 
Memorandum); and Memorandum, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Certain Freight 
Rail Coupler Systems and Components Thereof from the People's 
Republic of China: Phone Call with Counsel to the Petitioner,'' 
dated October 15, 2021 (October 15, 2021, Phone Call Memorandum).
    \5\ See Petitioner's Letters, ``Freight Rail Coupler Systems and 
Components Thereof from the People's Republic of China: Responses to 
Supplemental Questions for on Volume I General Issues and Injury 
Petition,'' dated October 6, 2021 (First General Issues Supplement); 
``Certain Freight Rail Coupler Systems and Components Thereof from 
the People's Republic of China: Response to Supplemental Questions 
for Volume II China Antidumping Duty Petition,'' dated October 6, 
2021; ``Freight Rail Car Coupler Systems and Certain Components 
Thereof from the People's Republic of China: Response to Second 
Supplemental Questions on Volume I General Issues and Injury 
Petition,'' dated October 12, 2021 (Second General Issues 
Supplement); and ``Freight Rail Car Coupler Systems and Certain 
Components Thereof from the People's Republic of China: Response to 
Third Supplemental Questions on Volume I General Issues and Injury 
Petition,'' dated October 18, 2021 (Scope Clarification).
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of freight rail 
couplers from China are being, or are likely to be, sold in the United 
States at less than fair value (LTFV) within the meaning of section 731 
of the Act and that imports of such products are materially injuring, 
or threatening material injury to, the domestic freight rail couplers 
industry in the United States. Consistent with section 732(b)(1) of the 
Act, the Petition is accompanied by information reasonably available to 
the petitioner supporting the allegation.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry because the petitioner is an interested party, as 
defined in section 771(9)(E) of the Act. Commerce also finds that the 
petitioner demonstrated sufficient industry support for the initiation 
of the requested AD investigation.\6\
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    \6\ See ``Determination of Industry Support for the Petition'' 
section, infra.
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Period of Investigation

    Because China is a non-market economy (NME) country, pursuant to 19 
CFR 351.204(b)(1), the period of investigation (POI) is January 1, 
2021, through June 30, 2021.

Scope of the Investigation

    The product covered by this investigation is freight rail couplers 
from China. For a full description of the scope of this investigation, 
see the appendix to this notice.

Comments on the Scope of the Investigation

    On October 4, 8, and 15, 2021, Commerce requested further 
information from the petitioner regarding the proposed scope to ensure 
that the scope language in the Petition is an accurate reflection of 
the products for which the domestic industry is seeking relief.\7\ On 
October 6, 12, and 18, 2021, the petitioner revised the scope.\8\ The 
description of the merchandise covered by this investigation, as 
described in the appendix to this notice, reflects these 
clarifications. In its October 18, 2021, submission, the petitioner 
provided additional explanation of the language in the scope of the 
investigation pertaining to the inclusion of freight rail couplers 
imported as part of a rail car (``{w{time} hen mounted on or to other 
non-subject merchandise, such as a rail car, only the complete coupler 
system is covered by the scope''), including freight rail couplers 
attached to rail cars in, and imported from, third countries 
(``{s{time} ubject merchandise includes coupler components as defined 
above that have been further processed or further assembled, including 
those coupler components attached to a rail car in third 
countries.'').\9\ While Commerce has adopted this provision for 
purposes of initiation, we invite parties to this proceeding to comment 
on this provision along with their scope comments (as detailed below).
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    \7\ See General Issues Supplemental; see also October 4, 2021, 
Phone Call Memorandum; October 8, 2021, Phone Call Memorandum; and 
October 15, 2021, Phone Call Memorandum.
    \8\ See First General Issues Supplement at 1-7 and Exhibit I-
Supp-1; see also Second General Issues Supplement at 1-4 and Exhibit 
I-2Supp-1; see also Scope Clarification at 1-9 and Exhibit I-3Supp-
1.
    \9\ See Scope Clarification.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\10\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information, all such 
factual information should be limited to public information.\11\ To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit such comments by 5:00 p.m. Eastern Time 
(ET) on November 8, 2021, which is 20 calendar days from the signature 
date of this notice. Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on November 18, 2021, which 
is 10 calendar days from the initial comment deadline.\12\
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    \10\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \11\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \12\ See 19 CFR 351.303(b).
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    Commerce requests that any factual information that parties 
consider relevant to the scope of the investigation be submitted during 
this period. However, if a party subsequently finds that additional 
factual information pertaining to the scope of the investigation may be 
relevant, the party may contact Commerce and request permission to 
submit the additional information. All scope submissions must be filed 
on the records of the concurrent AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's (E&C's) Antidumping Duty and 
Countervailing Duty Centralized Electronic Service System (ACCESS), 
unless an exception applies.\13\ An electronically filed document must 
be received successfully in its entirety by the time and date it is 
due.
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    \13\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on help using 
ACCESS can be found at https://access.trade.gov/help.aspx and a 
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of freight rail couplers to 
be reported in response to Commerce's AD questionnaires. This 
information will be used to identify the key physical characteristics 
of the subject merchandise in order to report the relevant factors of 
production (FOPs) accurately, as well as to develop appropriate 
product-comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. In order to consider the suggestions of 
interested parties in developing and issuing the AD questionnaires, all 
product characteristics comments must be filed by 5:00 p.m. ET on 
November 8, 2021, which is 20 calendar days from the signature date of 
this notice. Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on November 18, 2021, which 
is 10 calendar days after the

[[Page 58866]]

initial comment deadline. All comments and submissions to Commerce must 
be filed electronically using ACCESS, as explained above, on the record 
of the AD investigation.

Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\14\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\15\
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    \14\ See section 771(10) of the Act.
    \15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F. 2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigation.\16\ Based on our analysis of the information 
submitted on the record, we have determined that freight rail couplers, 
as defined in the scope, constitute a single domestic like product, and 
we have analyzed industry support in terms of that domestic like 
product.\17\
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    \16\ See Petition at Volume I at 16-21 and Exhibits I-4, I-7, 
and I-15; see also First General Issues Supplement at 10-11; and 
Second General Issues Supplement at 6-7.
    \17\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Checklist, ``Antidumping Duty Investigation Initiation Checklist: 
Certain Freight Rail Coupler Systems and Components Thereof from the 
People's Republic of China,'' dated concurrently with this Federal 
Register notice (China AD Initiation Checklist) at Attachment II, 
Analysis of Industry Support for the Antidumping and Countervailing 
Duty Petitions Covering Certain Freight Rail Coupler Systems and 
Components Thereof from the People's Republic of China (Attachment 
II).
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    In determining whether the petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the appendix to 
this notice. To establish industry support, the petitioner provided its 
own production of freight rail couplers in 2020.\18\ The petitioner 
estimated production for the only other known producer of freight rail 
couplers in the United States.\19\ The petitioner compared its 
production to the estimated total 2020 production of the domestic like 
product for the entire domestic industry.\20\ We relied on data 
provided by the petitioner for purposes of measuring industry 
support.\21\
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    \18\ See Petition at Volume I at 3-4; see also First General 
Issues Supplement at 8-10 and Exhibit I-Supp-2; and Second General 
Issues Supplement at 4-5.
    \19\ See Petition at Volume I at 3-4 and Exhibit I-5; see also 
First General Issues Supplement at 9-10 and Exhibit I-Supp-2; and 
Second General Issues Supplement at 5 and Exhibit I-2Supp-2.
    \20\ See Petition at Volume I at 3-4 and Exhibit I-5; see also 
First General Issues Supplement at 8-10 and Exhibit I-Supp-2; and 
Second General Issues Supplement at 5.
    \21\ See Petition at Volume I at 2-4 and Exhibits I-3 through I-
5; see also First General Issues Supplement at 7-10 and Exhibits I-
Supp-2 and I-Supp-3; and Second General Issues Supplement at 4-5 and 
Exhibit I-2Supp-2.
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    On October 7, 2021, we received comments on industry support from 
Wabtec Corporation (Wabtec), a U.S. importer of freight rail 
couplers.\22\ On October 12, 2021, the petitioner responded to the 
comments from Wabtec.\23\ On October 12, 2021, we received additional 
comments from Wabtec.\24\ On October 13, 2021, we received comments on 
industry support from Strato, Inc. (Strato), a U.S. importer of freight 
rail couplers.\25\ On October 14, 2021, the petitioner responded to the 
comments from Strato and Wabtec.\26\
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    \22\ See Wabtec's Letter, ``Certain Freight Rail Coupler Systems 
and Components Thereof from the People's Republic of China: Request 
for Department to Deny the Petitions for Imposition of Duties Filed 
by the Coalition of Freight Coupler Producers as Legally Infirm,'' 
dated October 7, 2021.
    \23\ See Petitioner's Letter, ``Freight Rail Coupler Systems and 
Certain Components Thereof from the People's Republic of China: 
Response to Wabtec,'' dated October 12, 2021 (Petitioner Letter I).
    \24\ See Wabtec's Letter, ``Certain Freight Rail Coupler Systems 
and Components Thereof from the People's Republic of China: Reply in 
Support of Request for Department to Deny the Petitions for 
Imposition of Duties Filed by the Coalition of Freight Coupler 
Producers,'' dated October 12, 2021.
    \25\ See Strato's Letter, ``Strato Support for Rejecting 
Petition: Antidumping & Countervailing Duty Investigation of Freight 
Rail Coupler Systems and Components Thereof from the People's 
Republic of China,'' dated October 13, 2021.
    \26\ See Petitioner's Letter, ``Freight Rail Car Coupler Systems 
and Certain Components Thereof from the People's Republic of China: 
Response to Strato and Wabtec,'' dated October 14, 2021 (Petitioner 
Letter II).
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    Our review of the data provided in the Petition, the First General 
Issues Supplement, the Second General Issues Supplement, Petitioner 
Letters I and II, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petition.\27\ First, the Petition established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\28\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
732(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petition account for at least 25 percent of the total 
production of the domestic like product.\29\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 732(c)(4)(A)(ii) of the Act

[[Page 58867]]

because the domestic producers (or workers) who support the Petition 
account for more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the Petition.\30\ Accordingly, Commerce 
determines that the Petition was filed on behalf of the domestic 
industry within the meaning of section 732(b)(1) of the Act.\31\
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    \27\ See China AD Initiation Checklist at Attachment II.
    \28\ Id.; see also section 732(c)(4)(D) of the Act.
    \29\ See China AD Initiation Checklist at Attachment II.
    \30\ Id.
    \31\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioner alleges that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\32\
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    \32\ See Petition at Volume I at 27 and Exhibit I-27.
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    The petitioner contends that the industry's injured condition is 
illustrated by a significant volume of subject imports; reduced market 
share; underselling and price depression and/or suppression; lost sales 
and revenues; declines in production, U.S. shipments, and capacity 
utilization; decline in employment; decline in financial performance; 
and the magnitude of the estimated dumping margin.\33\ We assessed the 
allegations and supporting evidence regarding material injury, threat 
of material injury, causation, as well as negligibility, and we have 
determined that these allegations are properly supported by adequate 
evidence and meet the statutory requirements for initiation.\34\
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    \33\ Id. at 14-16, 22-44 and Exhibits I-3 through I-5, I-11, I-
13, I-14, and I-17 through I-47; see also First General Issues 
Supplement at 11-13 and Exhibit I-Supp-3.
    \34\ See China AD Initiation Checklist at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Certain Freight Rail Coupler Systems and Components Thereof 
from the People's Republic of China.
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Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate the AD investigation 
of imports of freight rail couplers from China. The sources of data for 
the deductions and adjustments relating to U.S. price and normal value 
(NV) are discussed in greater detail in the China AD Initiation 
Checklist.

U.S. Price

    The petitioner based export price (EP) on information from a quoted 
sales offer for freight rail couplers produced in and exported from 
China by a Chinese producer.\35\ The petitioner made adjustments for 
foreign inland freight and foreign brokerage and handling to calculate 
an ex-factory U.S. price.\36\
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    \35\ See the China AD Initiation Checklist.
    \36\ Id.
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Normal Value

    Commerce considers China to be an NME country.\37\ In accordance 
with section 771(18)(C)(i) of the Act, any determination that a foreign 
country is an NME country shall remain in effect until revoked by 
Commerce. Therefore, we continue to treat China as an NME country for 
purposes of the initiation of this investigation. Accordingly, NV in 
China is appropriately based on FOPs valued in a surrogate market 
economy country, in accordance with section 773(c) of the Act.
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    \37\ See, e.g., Antidumping Duty Investigation of Certain 
Aluminum Foil from the People's Republic of China: Affirmative 
Preliminary Determination of Sales at Less-Than-Fair Value and 
Postponement of Final Determination, 82 FR 50858, 50861 (November 2, 
2017), and accompanying Preliminary Decision Memorandum at ``China's 
Status as a Non-Market Economy,'' unchanged in Certain Aluminum Foil 
from the People's Republic of China: Final Determination of Sales at 
Less Than Fair Value, 83 FR 9282 (March 5, 2018).
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    The petitioner states that Brazil is an appropriate surrogate 
country because Brazil is a market economy country that is at a level 
of economic development comparable to that of China and is a 
significant producer of comparable merchandise.\38\ The petitioner 
submitted publicly-available information from Brazil to value all 
FOPs.\39\ Based on the information provided by the petitioner, we 
determine that it is appropriate to use Brazil as a surrogate country 
for China for initiation purposes.
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    \38\ See Petition at Volume II at 8-9.
    \39\ Id. at 10 and Exhibit II-15.
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    Interested parties will have the opportunity to submit comments 
regarding surrogate country selections and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs within 30 days before the scheduled 
date of the preliminary determination.

Factors of Production

    The petitioner used the product-specific consumption rates of a 
U.S. producer of freight rail couplers as a surrogate to value Chinese 
manufacturers' FOPs.\40\ Additionally, the petitioner calculated 
factory overhead; selling, general and administrative expenses; and 
profit based on the experience of a Brazilian producer of comparable 
merchandise (i.e., steel components).\41\
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    \40\ Id. at 1 and 10-12 and Exhibits II-11 and II-14.
    \41\ Id. at 17-18 and Exhibit II-23 and II-24.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of freight rail couplers from China are being, or 
are likely to be, sold in the United States at LTFV. Based on a 
comparison of EP to NV, in accordance with sections 772 and 773 of the 
Act, the estimated dumping margins for freight rail couplers from China 
are 142.98 and 147.11 percent ad valorem.\42\
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    \42\ See China AD Initiation Checklist.
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Initiation of LTFV Investigation

    Based upon our examination of the Petition on freight rail couplers 
from China and supplemental responses, we find that the Petition meets 
the requirements of section 732 of the Act. Therefore, we are 
initiating an AD investigation to determine whether imports of freight 
rail couplers from China are being, or are likely to be, sold in the 
United States at LTFV. In accordance with section 733(b)(1)(A) of the 
Act and 19 CFR 351.205(b)(1), unless postponed, we will make our 
preliminary determination no later than 140 days after the date of this 
initiation.

Respondent Selection

    In the Petition, the petitioner named eight companies in China as 
producers and/or exporters of freight rail couplers.\43\
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    \43\ See Petition at Volume I at 13 and Exhibit I-10.
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    In accordance with our standard practice for respondent selection 
in AD investigations involving NME countries, Commerce selects 
respondents based on quantity and value (Q&V) questionnaires in cases 
where it has determined that the number of companies is large and it 
cannot individually examine each company based upon its resources. 
Therefore, considering the number of producers and exporters identified 
in the Petition, Commerce will solicit Q&V information that can serve 
as a basis for selecting exporters for individual examination in the 
event that Commerce decides to limit the number of respondents 
individually examined pursuant to section 777A(c)(2) of the Act. 
Because there are eight producers and/or exporters identified in the 
Petition, Commerce has determined that it will

[[Page 58868]]

issue Q&V questionnaires to each potential respondent for which the 
petitioner has provided a complete address.
    In addition, Commerce will post the Q&V questionnaire along with 
filing instructions on E&C's website at https://enforcement.trade.gov/questionnaires/questionnaires-ad.html. Producers/exporters of freight 
rail couplers from China that do not receive Q&V questionnaires may 
still submit a response to the Q&V questionnaire and can obtain a copy 
of the Q&V questionnaire from E&C's website. In accordance with the 
standard practice for respondent selection in AD cases involving NME 
countries, in the event Commerce decides to limit the number of 
respondents individually investigated, Commerce intends to base 
respondent selection on the responses to the Q&V questionnaire that it 
receives.
    Responses to the Q&V questionnaire must be submitted by the 
relevant Chinese producers/exporters no later than 5:00 p.m. ET on 
November 2, 2021, which is two weeks from the signature date of this 
notice. All Q&V questionnaire responses must be filed electronically 
via ACCESS. An electronically filed document must be received 
successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on 
the deadline noted above.
    Interested parties must submit applications for disclosure under 
Administrative Protective Order (APO) in accordance with 19 CFR 
351.305(b). Instructions for filing such applications may be found on 
E&C's website at http://enforcement.trade.gov/apo. Commerce intends to 
finalize its decisions regarding respondent selection within 20 days of 
publication of this notice.

Separate Rates

    In order to obtain separate-rate status in an NME investigation, 
exporters and producers must submit a separate-rate application.\44\ 
The specific requirements for submitting a separate-rate application in 
a China investigation are outlined in detail in the application itself, 
which is available on E&C's website at http://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate application will be due 30 
days after publication of this initiation notice. Producers/exporters 
who submit a separate-rate application and have been selected as 
mandatory respondents will be eligible for consideration for separate-
rate status only if they respond to all parts of Commerce's AD 
questionnaire as mandatory respondents. Commerce requires that 
respondents from China submit a response to both the Q&V questionnaire 
and the separate-rate application by the respective deadlines in order 
to receive consideration for separate-rate status. Companies not filing 
a timely Q&V questionnaire response will not receive separate rate 
consideration.
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    \44\ See Policy Bulletin 05.1: ``Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigation 
involving NME Countries,'' (April 5, 2005), available at http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 05.1).
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Use of Combination Rates

    Commerce will calculate combination rates for certain respondents 
that are eligible for a separate rate in an NME investigation. The 
Separate Rates and Combination Rates Bulletin states:

    {w{time} hile continuing the practice of assigning separate 
rates only to exporters, all separate rates that {Commerce{time}  
will now assign in its NME Investigations will be specific to those 
producers that supplied the exporter during the period of 
investigation. Note, however, that one rate is calculated for the 
exporter and all of the producers which supplied subject merchandise 
to it during the period of investigation. This practice applies both 
to mandatory respondents receiving an individually calculated 
separate rate as well as the pool of non-investigated firms 
receiving the weighted-average of the individually calculated rates. 
This practice is referred to as the application of ``combination 
rates'' because such rates apply to specific combinations of 
exporters and one or more producers. The cash-deposit rate assigned 
to an exporter will apply only to merchandise both exported by the 
firm in question and produced by a firm that supplied the exporter 
during the period of investigation.\45\
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    \45\ See Policy Bulletin 05.1 at 6 (emphasis added).
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Distribution of Copies of the AD Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the Government of China via ACCESS. Furthermore, to the 
extent practicable, Commerce will attempt to provide a copy of the 
public version of the Petition to each exporter named in the Petition, 
as provided under 19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of our initiation, as required by 
section 732(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of freight rail couplers from China are 
materially injuring, or threatening material injury to, a U.S. 
industry.\46\ A negative ITC determination will result in the 
investigation being terminated.\47\ Otherwise, the investigation will 
proceed according to statutory and regulatory time limits.
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    \46\ See section 733(a) of the Act.
    \47\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \48\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\49\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in this investigation.
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    \48\ See 19 CFR 351.301(b).
    \49\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301 or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301. For submissions that are due 
from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, we 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 a letter or memorandum of the 
deadline (including a specified time) by

[[Page 58869]]

which extension requests must be filed to be considered timely. An 
extension request must be made in a separate, stand-alone submission; 
under limited circumstances we will grant untimely-filed requests for 
the extension of time limits. Parties should review Commerce's 
regulations concerning the extension of time limits and the Time Limits 
Final Rule, prior to submitting factual information in this 
investigation.\50\
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    \50\ See 19 CFR 351; see also Extension of Time Limits; Final 
Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final Rule), 
available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\51\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\52\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \51\ See section 782(b) of the Act.
    \52\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in this investigation should ensure that they meet the requirements of 
these procedures (e.g., the filing of letters of appearance as 
discussed at 19 CFR 351.103(d)).\53\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information until further notice.\54\
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    \53\ See Antidumping and Countervailing Duty Proceedings: 
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 
22, 2008).
    \54\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: October 19, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix--Scope of the Investigation

    The scope of this investigation covers freight rail car coupler 
systems and certain components thereof. Freight rail car coupler 
systems are composed of, at minimum, four main components (knuckles, 
coupler bodies, coupler yokes, and follower blocks, as specified 
below) but may also include other items (e.g., coupler locks, lock 
lift assemblies, knuckle pins, knuckle throwers, and rotors). The 
components covered by the investigation include: (1) E coupler 
bodies; (2) E/F coupler bodies; (3) F coupler bodies; (4) E yokes; 
(5) F yokes; (6) E knuckles; (7) F knuckles; (8) E type follower 
blocks; and (9) F type follower blocks, as set forth by the 
Association of American Railroads (AAR). The freight rail coupler 
components are included within the scope of the investigation when 
imported individually, or in some combination thereof, such as in 
the form of a coupler fit (a coupler body and knuckle assembled 
together), independent from a coupler system.
    Subject freight rail car coupler systems and components are 
included within the scope whether finished or unfinished, whether 
imported individually or with other subject or non-subject 
components, whether assembled or unassembled, whether mounted or 
unmounted, or if joined with non-subject merchandise, such as other 
non-subject system parts or a completed rail car. Finishing 
includes, but is not limited to, arc washing, welding, grinding, 
shot blasting, heat treatment, machining, and assembly of various 
components. When a subject coupler system or subject components are 
mounted on or to other non-subject merchandise, such as a rail car, 
only the coupler system or subject components 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'' 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 coupler systems and 
components, whether fully assembled, unfinished or finished, or 
attached to a rail car, is the country where the subject coupler 
components were cast or forged. Subject merchandise includes coupler 
components as defined above that have been further processed or 
further assembled, including those coupler components attached to a 
rail car 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 components. The inclusion, attachment, joining, or assembly 
of non-subject components with subject components or coupler systems 
either in the country of manufacture of the in-scope product or in a 
third country does not remove the subject components or coupler 
systems from the scope.
    The coupler systems 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 rail cars 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 9803.00.5000 if imported as an Instrument of 
International Traffic. These HTSUS subheadings are provided for 
convenience and customs purposes only; the written description of 
the scope of the investigation is dispositive.

[FR Doc. 2021-23231 Filed 10-22-21; 8:45 am]
BILLING CODE 3510-DS-P