- Effective Date: May 03, 2023
- Period of Review: Jul 01, 2021 to Jun 30, 2022
- Cite as: 88 FR 27864
Cite date: May 03, 2023
1.
On 05/03/2023, Commerce published in the Federal Register its affirmative preliminary determination of sales at less than fair value and postponement of the final determination in the antidumping duty investigation of certain freight rail couplers and parts thereof from Mexico (88 FR 27864).
2.
The products covered by this investigation are 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 investigations 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 investigations 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 nonsubject merchandise, such as other nonsubject 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 nonsubject merchandise, such as a railcar, only the coupler or subject parts are covered by the scope.
The finished products covered by the scope of these investigations 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.
The couplers that are the subject of these investigations 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 railcars 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 9803.00.50.
Subject merchandise may also be imported under HTSUS statistical reporting number 7325.99.5000.
These HTSUS subheadings are provided for convenience and customs purposes only; the written description of the scope of these investigations is dispositive.
3.
This proceeding has been assigned case number A-201-857.
4.
For imports of certain freight rail couplers and parts thereof from Mexico, CBP shall suspend liquidation of such shipments entered, or withdrawn from warehouse, for consumption on or after 05/03/2023.
Effective 05/03/2023, CBP shall require, for such entries, a cash deposit equal to the margins for the producer and/or exporter listed below:
Producer and/or Exporter:
ASF-K de Mexico S. de R.L. de C.V.
Case number: A-201-857-001
Cash deposit rate: 47.82%
All Others
Case Number: A-201-857-000
Cash Deposit Rate: 47.82%
5.
If any entries of this merchandise are exported by a firm other than the producer, then the following instructions apply:
A.
If the exporter of the subject merchandise does not have its own rate but the producer has its own rate, the cash deposit rate will be the producer's rate.
B.
Where neither the exporter nor the producer has its own rate or the producer is unknown, use the all-others rate of 47.82 percent to establish the cash deposit.
6.
If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984.
CBP ports should submit their inquiries through authorized CBP channels only.
(This message was generated by OIII:JHE.)
7.
There are no restrictions on the release of this information.
Alexander Amdur