[Federal Register Volume 87, Number 192 (Wednesday, October 5, 2022)]
[Notices]
[Pages 60413-60414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21576]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-682 and 731-TA-1592-1593 (Preliminary)]


Certain Freight Rail Couplers and Parts Thereof From China and 
Mexico; Institution of Antidumping and Countervailing Duty 
Investigations and Scheduling of Preliminary Phase Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the institution of 
investigations and commencement of preliminary phase antidumping and 
countervailing duty investigation Nos. 701-TA-682 and 731-TA-1592-1593 
(Preliminary) pursuant to the Tariff Act of 1930 (``the Act'') to 
determine whether there is a reasonable indication that 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 certain freight rail 
couplers and parts thereof from China and Mexico, provided for in 
subheadings 8607.30.10 and 7326.90.86 of the Harmonized Tariff Schedule 
of the United States, that are alleged to be sold in the United States 
at less than fair value and alleged to be subsidized by the Government 
of China. Subject merchandise attached to finished rail cars may also 
enter under HTSUS heading 8606 or under subheadings 9803.00 and 7325.99 
if imported as an Instrument of International Traffic. Unless the 
Department of Commerce (``Commerce'') extends the time for initiation, 
the Commission must reach a preliminary determination in antidumping 
and countervailing duty investigations in 45 days, or in this case by 
November 14, 2022. The Commission's views must be transmitted to 
Commerce within five business days thereafter, or by November 21, 2022.

DATES: September 28, 2022.

FOR FURTHER INFORMATION CONTACT: Ahdia Bavari ((202) 205-3191), 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: 
    Background.--These investigations are being instituted, pursuant to 
sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 
1671b(a) and 1673b(a)), in response to a petition filed on September 
28, 2022, by McConway & Torley LLC, Pittsburgh, Pennsylvania, and the 
United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied 
Industrial and Service Workers International Union, AFL-CIO, CLC.
    For further information concerning the conduct of these 
investigations 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 B (19 CFR part 207).
    Participation in the investigations and public service list.--
Persons (other than petitioners) wishing to participate in the 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec. Sec.  201.11 and 
207.10 of the Commission's rules, not later than seven days after 
publication of this notice in the Federal Register. Industrial users 
and (if the merchandise under investigation is sold at the retail 
level) representative consumer organizations have the right to appear 
as parties in Commission antidumping duty and countervailing duty 
investigations. The Secretary will prepare a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to these investigations upon the 
expiration of the period for filing entries of appearance.
    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 these investigations available to authorized 
applicants representing interested parties (as defined in 19 U.S.C. 
1677(9)) who are parties to the investigations under the APO issued in 
the investigations, provided that the application is made not later 
than seven days after the publication of this notice in the Federal 
Register. A separate service list will be maintained by the Secretary 
for those parties authorized to receive BPI under the APO.
    Conference.--The Office of Investigations will hold an in-person 
staff conference in connection with the preliminary phase of these 
investigations beginning at 9:30 a.m. on October 19, 2022 at the U.S. 
International Trade Commission Building, 500 E Street SW, Washington, 
DC. Requests to appear at the conference should be emailed to 
[email protected] (DO NOT FILE ON EDIS) on or before 
October 17, 2022. Please provide an email address for each conference 
participant in the email. Any requests to appear as a witness via 
videoconference must be included with your request to appear. Requests 
to appear via videoconference must include a statement explaining why 
the witness cannot appear in person. The Director of the Office of 
Investigations, or other person designated to conduct the 
investigations, may in their discretion for good cause shown, grant 
such a request. Requests to appear as remote witness due to illness or 
a positive COVID-19 test result may be submitted by 3 p.m. the business 
day prior to the conference. Information on conference procedures will 
be posted on the Commission's website at https://www.usitc.gov/calendarpad/calendar.html. A nonparty who has testimony that may aid 
the Commission's deliberations may request permission to participate by 
submitting a short statement.
    Please note the Secretary's Office will accept only electronic 
filings during this

[[Page 60414]]

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.
    Written submissions.--As provided in Sec. Sec.  201.8 and 207.15 of 
the Commission's rules, any person may submit to the Commission on or 
before October 24, 2022, a written brief containing information and 
arguments pertinent to the subject matter of the investigations. 
Parties shall file written testimony and supplementary material in 
connection with their presentation at the conference no later than noon 
on October 18, 2022. 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.
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 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.
    Certification.--Pursuant to Sec.  207.3 of the Commission's rules, 
any person submitting information to the Commission in connection with 
these investigations must certify that the information is accurate and 
complete to the best of the submitter's knowledge. In making the 
certification, the submitter will acknowledge that any information that 
it submits to the Commission during these investigations may be 
disclosed to and used: (i) by the Commission, its employees and 
Offices, and contract personnel (a) for developing or maintaining the 
records of these or related investigations or reviews, or (b) in 
internal investigations, audits, reviews, and evaluations relating to 
the programs, personnel, and operations of the Commission including 
under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and 
contract personnel, solely for cybersecurity purposes. All contract 
personnel will sign appropriate nondisclosure agreements.
    Authority: These investigations are being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to Sec.  207.12 of the Commission's rules.

    By order of the Commission.

    Issued: September 29, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-21576 Filed 10-4-22; 8:45 am]
BILLING CODE 7020-02-P