[Federal Register Volume 87, Number 48 (Friday, March 11, 2022)]
[Notices]
[Pages 14037-14038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05236]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-670 and 731-TA-1570 (Final)]


Freight Rail Coupler Systems and Components From China; 
Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping 
Duty Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-670 and 731-TA-1570 (Final) pursuant to the Tariff Act of 1930 
(``the Act'') to determine whether an industry in the United States is 
materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports of freight rail coupler systems and 
components from China, provided for in subheading 8607.30.10 \1\ of the 
Harmonized Tariff Schedule of the United States, preliminarily 
determined by the Department of Commerce (``Commerce'') to be 
subsidized.
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    \1\ Unfinished subject merchandise may also enter under 
subheading 7326.90.86. Subject merchandise attached to finished rail 
cars may also enter under subheadings 8606.10.00, 8606.30.00, 
8606.91.00, 8606.92.00, 8606.99.01 or under subheading 9803.00.50 if 
imported as an Instrument of International Traffic.

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DATES: February 28, 2022.

FOR FURTHER INFORMATION CONTACT: Stamen Borisson (202) 205-3125), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Scope.--For purposes of these investigations, Commerce has defined 
the subject merchandise as ``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). 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.'' For Commerce's complete scope and tariff treatment, see 87 FR 
12662, March 7, 2022.
    Background.--The final phase of these investigations is being 
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of an affirmative 
preliminary determination by Commerce that certain benefits which 
constitute subsidies within the meaning of Sec.  703 of the Act (19 
U.S.C. 1671b) are being provided to manufacturers, producers, or 
exporters in China of freight rail coupler systems and components. The 
investigations were requested in petitions filed on September 29, 2021, 
by the Coalition of Freight Coupler Producers consisting of McConway & 
Torley LLC (``M&T), Pittsburgh, PA, and the United Steel, Paper and 
Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service 
Workers International Union, AFL-CIO, CLC (``USW'').\2\
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    \2\ Initially, Petitioner was M&T and another domestic producer. 
However, the other domestic producer withdrew, and USW was added to 
the petitions.
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    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec.  201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Please note the Secretary's Office will accept only electronic 
filings during this time. Filings must be made through the Commission's 
Electronic Document Information System (EDIS, https://edis.usitc.gov.) 
No in-person paper-based filings or paper copies of any electronic 
filings will be accepted until further notice.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec.  207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on April 
28, 2022, and a public version will be issued thereafter, pursuant to 
Sec.  207.22 of the Commission's rules.

[[Page 14038]]

    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on May 12, 
2022. Information about the place and form of the hearing, including 
about how to participate in and/or view the hearing, will be posted on 
the Commission's website at https://www.usitc.gov/calendarpad/calendar.html. Interested parties should check the Commission's website 
periodically for updates. Requests to appear at the hearing should be 
filed in writing with the Secretary to the Commission on or before May 
9, 2022. A nonparty who has testimony that may aid the Commission's 
deliberations may request permission to present a short statement at 
the hearing. All parties and nonparties desiring to appear at the 
hearing and make oral presentations should attend a prehearing 
conference to be held at 9:30 a.m. on May 10, 2022. Oral testimony and 
written materials to be submitted at the public hearing are governed by 
sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. 
Parties must submit any request to present a portion of their hearing 
testimony in camera no later than 7 business days prior to the date of 
the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of Sec.  207.23 of the Commission's rules; 
the deadline for filing is May 5, 2022. Parties may also file written 
testimony in connection with their presentation at the hearing, as 
provided in Sec.  207.24 of the Commission's rules, and posthearing 
briefs, which must conform with the provisions of Sec.  207.25 of the 
Commission's rules. The deadline for filing posthearing briefs is May 
20, 2022. In addition, any person who has not entered an appearance as 
a party to the investigations may submit a written statement of 
information pertinent to the subject of the investigations, including 
statements of support or opposition to the petition, on or before May 
20, 2022. On June 8, 2022, the Commission will make available to 
parties all information on which they have not had an opportunity to 
comment. Parties may submit final comments on this information on or 
before June 10, 2022, but such final comments must not contain new 
factual information and must otherwise comply with Sec.  207.30 of the 
Commission's rules. All written submissions must conform with the 
provisions of Sec.  201.8 of the Commission's rules; any submissions 
that contain BPI must also conform with the requirements of Sec. Sec.  
201.6, 207.3, and 207.7 of the Commission's rules. The Commission's 
Handbook on Filing Procedures, available on the Commission's website at 
https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, 
elaborates upon the Commission's procedures with respect to filings.
    Additional written submissions to the Commission, including 
requests pursuant to Sec.  201.12 of the Commission's rules, shall not 
be accepted unless good cause is shown for accepting such submissions, 
or unless the submission is pursuant to a specific request by a 
Commissioner or Commission staff.
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the 
investigations must be served on all other parties to the 
investigations (as identified by either the public or BPI service 
list), and a certificate of service must be timely filed. The Secretary 
will not accept a document for filing without a certificate of service.
    Authority: These investigations are being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to Sec.  207.21 of the Commission's rules.

    By order of the Commission.

    Issued: March 8, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-05236 Filed 3-10-22; 8:45 am]
BILLING CODE 7020-02-P