[Federal Register Volume 88, Number 50 (Wednesday, March 15, 2023)]
[Notices]
[Pages 16031-16033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05243]


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INTERNATIONAL TRADE COMMISSION

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


Certain Freight Rail Couplers and Parts Thereof From China and 
Mexico; 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-682 and 731-TA-1592-1593 (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 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, for which imports of certain freight rail couplers and 
parts thereof from China have been preliminarily determined by the 
Department of Commerce (``Commerce'') to be subsidized and sold at 
less-than-fair-value. Subject merchandise attached to finished rail 
cars may also be imported under HTSUS heading 8606, or under 
subheadings 9803.00 and 7325.99, if imported as an Instrument of 
International Traffic.

DATES: March 3, 2023.

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: 
    Scope.--As of the date of this notice, Commerce has defined the 
scope of the merchandise subject to these investigations to cover 
``certain freight railcar couplers (also known as ``fits'' or 
``assemblies'') and parts thereof. Freight railcar couplers are 
composed of two main parts, namely knuckles and coupler bodies but may 
also include other items (e.g., coupler locks, lock lift assemblies, 
knuckle pins, knuckle throwers, and rotors). The parts of couplers that 
are covered by the investigation include: (1) E coupler bodies, (2) E/F 
coupler bodies, (3) F coupler bodies, (4) E knuckles, and (5) F 
knuckles, as set forth by the Association of American Railroads (AAR). 
The freight rail coupler parts (i.e., knuckles and coupler bodies) are 
included within the scope of the investigation when imported 
separately. Coupler locks, lock lift assemblies, knuckle pins, knuckle 
throwers, and rotors are covered merchandise when imported in an 
assembly but are not covered by the scope when imported separately.
    Subject freight railcar couplers and parts are included within the 
scope whether finished or unfinished, whether imported individually or 
with other subject or nonsubject parts, whether assembled or 
unassembled, whether mounted or unmounted, or if joined with non-
subject merchandise, such as other non-subject parts or a completed 
railcar. Finishing includes, but is not limited to, arc washing, 
welding, grinding, shot blasting, heat treatment, machining, and 
assembly of various parts. When a subject coupler or subject parts are 
mounted on or to other non-

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subject merchandise, such as a railcar, only the coupler or subject 
parts are covered by the scope.
    The finished products covered by the scope of this 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'' and/or AAR M-215 
``Coupling Systems,'' or other equivalent domestic or international 
standards (including any revisions to the standard(s)).
    The country of origin for subject couplers and parts thereof, 
whether fully assembled, unfinished or finished, or attached to a 
railcar, is the country where the subject coupler parts were cast or 
forged. Subject merchandise includes coupler parts as defined above 
that have been further processed or further assembled, including those 
coupler parts attached to a railcar in third countries. Further 
processing includes, but is not limited to, arc washing, welding, 
grinding, shot blasting, heat treatment, painting, coating, priming, 
machining, and assembly of various parts. The inclusion, attachment, 
joining, or assembly of nonsubject parts with subject parts or couplers 
either in the country of manufacture of the in-scope product or in a 
third country does not remove the subject parts or couplers from the 
scope.
    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 affirmative 
preliminary determinations 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 certain freight rail couplers and parts thereof, 
and that such products are being sold in the United States at less than 
fair value within the meaning of Sec.  733 of the Act (19 U.S.C. 
1673b). Commerce's preliminary determination with respect to imports of 
certain freight rail couplers and parts thereof from Mexico that are 
alleged to be sold in the United States at less than fair value is 
pending. The investigations were requested in petitions 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[hyphen]CIO, CLC.
    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 May 4, 
2023, and a public version will be issued thereafter, pursuant to Sec.  
207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on May 18, 
2023. Requests to appear at the hearing should be filed in writing with 
the Secretary to the Commission on or before May 12, 2023. 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 
Chairman, or other person designated to conduct the investigation, 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 3pm the business day prior to 
the hearing. Further information about participation in the hearing 
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 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, if deemed necessary, to be held at 9:30 a.m. on May 15, 
2023. Parties shall file and serve written testimony and presentation 
slides in connection with their presentation at the hearing by no later 
than 4:00pm on May 17, 2023. 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 11, 2023. Parties shall also file 
written testimony in connection with their presentation at the hearing, 
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 25, 2023. 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 25, 2023. On June 8, 2023, the Commission 
will make available to parties all information on which they have not 
had an opportunity to

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comment. Parties may submit final comments on this information on or 
before June 12, 2023, 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 9, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-05243 Filed 3-14-23; 8:45 am]
BILLING CODE 7020-02-P