[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Pages 58878-58883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23232]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-144]


Freight Rail Coupler Systems and Certain Components Thereof From 
the People's Republic of China: Initiation of Countervailing Duty 
Investigation

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

DATES: Applicable October 19, 2021.

FOR FURTHER INFORMATION CONTACT: Whitley Herndon, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6274.

SUPPLEMENTARY INFORMATION:

The Petition

    On September 29, 2021, the U.S. Department of Commerce (Commerce) 
received a countervailing duty (CVD) 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

[[Page 58879]]

accompanied by an antidumping duty (AD) petition concerning 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: C-
570-144,'' 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.\4\ On 
October 6, 7, 12, and 18, 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); 
see also Petitioner's Letter, ``Freight Rail Car Coupler Systems and 
Certain Components Thereof from the People's Republic of China: 
Response to Supplemental Questions on Volume III China 
Countervailing Duty Petition--Questions 9 and 11,'' dated October 7, 
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 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of China 
(GOC) is providing countervailable subsidies, within the meaning of 
sections 701 and 771(5) of the Act, to producers of freight rail 
couplers in China and that such imports are materially injuring, or 
threatening material injury to, the domestic industry producing in the 
United States. Consistent with section 702(b)(1) of the Act and 19 CFR 
351.202(b), for those alleged programs on which we are initiating a CVD 
investigation, the Petition is supported by information reasonably 
available to the petitioner.
    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 with respect to the 
initiation of the requested CVD 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 the Petition was filed on September 29, 2021, the period of 
investigation is January 1, 2020, through December 31, 2020.\7\
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    \7\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation

    The merchandise 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 Scope of the Investigation

    On October 1, 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.\8\ On 
October 6, 12, and 18, 2021, the petitioner revised the scope.\9\ 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.'').\10\ 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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    \8\ See First General Issues Supplement Questionnaire; see also 
October 4, 2021, Phone Call Memorandum; October 8, 2021, Phone Call 
Memorandum; and October 15, 2021, Phone Call Memorandum.
    \9\ 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; and Scope Clarification at Exhibit I-3Supp-1.
    \10\ 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).\11\ 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.\12\ To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit scope 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.\13\ 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.\14\
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    \11\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble).
    \12\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \13\ See 19 CFR 351.303(b).
    \14\ Commerce's practice dictates that where a deadline falls on 
a weekend or Federal holiday, the appropriate deadline is the next 
business day. See Notice of Clarification: Application of ``Next 
Business Day'' Rule for Administrative Determination Deadlines 
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 
2005); see also 19 CFR 351.303(b).
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    Commerce requests that any factual information that the parties 
consider relevant to the scope of the investigation be submitted during 
this time 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 
comments must also be filed on the record of the concurrent AD and CVD 
investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance (E&C)'s Antidumping Duty and Countervailing 
Duty Centralized

[[Page 58880]]

Electronic Service System (ACCESS), unless an exception applies.\15\ An 
electronically filed document must be received successfully in its 
entirety by the time and date it is due.
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    \15\ 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 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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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the GOC of the receipt of the Petition and provided it the 
opportunity for consultations with respect to the CVD Petition.\16\ The 
GOC requested consultations,\17\ which were held via video conference 
on October 18, 2021.\18\
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    \16\ See Commerce's Letter, ``Countervailing Duty Petition on 
Certain Freight Rail Coupler Systems and Components Thereof from the 
People's Republic of China,'' dated September 29, 2021.
    \17\ See GOC's Letter, ``Certain Freight Rail Coupler Systems 
and Components Thereof from the People's Republic of China: Request 
for Consultation to Discuss the Countervailing Duty Investigation 
Petition,'' dated October 11, 2021.
    \18\ See Memorandum, ``Petitions for the Imposition of 
Countervailing Duties on Imports of Certain Freight Rail Coupler 
Systems and Components Thereof from the People's Republic of China: 
Consultations with Officials from the Government of China,'' dated 
October 18, 2021.
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Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(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 702(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,\19\ 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.\20\
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    \19\ See section 771(10) of the Act.
    \20\ 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.\21\ 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.\22\
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    \21\ 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.
    \22\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Checklist, ``Countervailing 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 CVD 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 
702(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.\23\ The petitioner 
estimated production for the only other known producer of freight rail 
couplers in the United States.\24\ The petitioner compared its 
production to the estimated total 2020 production of the domestic like 
product for the entire domestic industry.\25\ We relied on data 
provided by the petitioner for purposes of measuring industry 
support.\26\
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    \23\ 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.
    \24\ 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.
    \25\ 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.
    \26\ 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.\27\ On October 8, 2021, the petitioner responded to the 
comments from Wabtec.\28\ On October 12, 2021, we received additional 
comments from Wabtec.\29\ On October 13, 2021, we received comments on 
industry support from Strato, Inc. (Strato), a U.S. importer of freight 
rail couplers.\30\ On October 14, 2021, the petitioner responded to the 
comments from Strato and Wabtec.\31\
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    \27\ 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.
    \28\ See Petitioner's Letter, ``Freight Rail Coupler Systems and 
Certain Components Thereof from the People's Republic of China: 
Response to Wabtec,'' dated October 8, 2021 (Petitioner Letter I).
    \29\ 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.
    \30\ 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.
    \31\ 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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[[Page 58881]]

    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.\32\ 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).\33\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
702(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.\34\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 702(c)(4)(A)(ii) of the Act 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.\35\ Accordingly, Commerce determines that the Petition 
was filed on behalf of the domestic industry within the meaning of 
section 702(b)(1) of the Act.\36\
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    \32\ See China CVD Initiation Checklist at Attachment II.
    \33\ Id.; see also section 702(c)(4)(D) of the Act.
    \34\ See China CVD Initiation Checklist at Attachment II.
    \35\ Id.
    \36\ Id.
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Injury Test

    Because China is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from China materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports 
threaten to cause material injury to the U.S. industry producing the 
domestic like product. In addition, the petitioner alleges that subject 
imports exceed the negligibility threshold provided for under section 
771(24)(A) of the Act.\37\
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    \37\ 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; and decline in financial 
performance.\38\ 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.\39\
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    \38\ 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.
    \39\ See China CVD 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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Initiation of CVD Investigation

    Based upon our examination of the Petition and supplemental 
responses, we find that the Petition meets the requirements of section 
702 of the Act. Therefore, we are initiating a CVD investigation to 
determine whether imports of freight rail couplers from China benefit 
from countervailable subsidies conferred by the GOC. Based on our 
review of the Petition, we find that there is sufficient information to 
initiate a CVD investigation on 33 of the 35 alleged programs. 
Additionally, we find that there is sufficient information to initiate 
on the allegation of the creditworthiness of CRRC Corporation Limited 
(CRRC) and will explore this allegation in the investigation should 
CRRC be selected as a mandatory respondent. For a full discussion of 
the basis for our decision to initiate on each program, see China CVD 
Initiation Checklist. The initiation checklist for this investigation 
is available on ACCESS. In accordance with section 703(b)(1) of the Act 
and 19 CFR 351.205(b)(1), unless postponed, we will make our 
preliminary determination no later than 65 days after the date of this 
initiation.

Respondent Selection

    The petitioner named eight companies in China as producers and/or 
exporters of freight rail couplers.\40\ Commerce intends to follow its 
standard practice in CVD investigations and calculate company-specific 
subsidy rates in this investigation. In the event that Commerce 
determines that the number of companies is large and it cannot 
individually examine each company based upon Commerce's resources, 
where appropriate, Commerce intends to select mandatory respondents 
based on quantity and value (Q&V) questionnaires issued to the 
potential respondents. Commerce normally selects mandatory respondents 
in CVD investigations using U.S. Customs and Border Protection (CBP) 
entry data for U.S. imports under the appropriate Harmonized Tariff 
Schedule of the United States (HTSUS) subheadings listed in the scope 
of the investigation. However, for this investigation, one of the HTSUS 
subheadings under which the subject merchandise would enter (i.e., 
8607.30.1000) is a basket category under which non-subject merchandise 
may enter. Therefore, we cannot rely on CBP entry data in selecting 
respondents. We intend instead to issue Q&V questionnaires to each 
potential respondent for which the petitioner has provided a complete 
address.
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    \40\ See Petition at Volume I at Exhibit I-10.
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    Producers/exporters of freight rail couplers from China that do not 
receive Q&V questionnaires by mail may still submit a response to the 
Q&V questionnaire and can obtain the Q&V questionnaire from E&C's 
website at https://enforcement.trade.gov/questionnaires/questionnaires-ad.html. 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. All Q&V 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.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version

[[Page 58882]]

of the Petition has been provided to the GOC 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 its initiation, as required by 
section 702(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.\41\ A negative ITC determination will result in the 
investigation being terminated.\42\ Otherwise, this investigation will 
proceed according to statutory and regulatory time limits.
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    \41\ See section 703(a)(1) of the Act.
    \42\ 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 \43\ 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.\44\ 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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    \43\ See 19 CFR 351.301(b).
    \44\ 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.\45\ 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, 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 a letter or memorandum of the 
deadline (including a specified time) by 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 extension 
requests or factual information in this investigation.\46\
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    \45\ See 19 CFR 351.302.
    \46\ 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.\47\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\48\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \47\ See section 782(b) of the Act.
    \48\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, 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 
administrative protective order in accordance with 19 CFR 351.305. 
Parties wishing to participate in this investigation should ensure that 
they meet the requirements of document submission procedures (e.g., the 
filing of letters of appearance as discussed at 19 CFR 351.103(d)).\49\ 
Note that Commerce has temporarily modified certain of its requirements 
for serving documents containing business proprietary information, 
until further notice.\50\
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    \49\ See Antidumping and Countervailing Duty Proceedings: 
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 
22, 2008).
    \50\ 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 702 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

[[Page 58883]]

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. 2021-23232 Filed 10-22-21; 8:45 am]
BILLING CODE 3510-DS-P