• Effective Date: May 03, 2023
  • Notice of Lifting of Suspension Date: May 03, 2023
  • Cite as: 88 FR 27864 • Cite date: May 03, 2023
1. This is a correction to message 4219402, dated 08/06/2024, to correct paragraph 1 of that message. 2. Paragraph 1 of message 4219402 does not make clear Commerce's decision to cover only Mexico in the scope ruling request. Below is the fully corrected message. 3. Commerce received a scope ruling request from Amsted Rail Company, Inc. and its affiliated company ASF-K de Mexico, S. de R.L. de C.V (collectively, Amsted). Commerce issued a final scope determination on 07/02/2024 that steel freight rail yokes which Amsted imports is not within the scope of the antidumping duty order on certain freight rail couplers and parts thereof from Mexico (A-201-857). While Commerce initiated a scope inquiry on the AD orders on freight rail couplers from Mexico (A-201-857) and the People's Republic of China (China) (A-570-145) and the countervailing duty order on freight rail couplers from China (C-570-146), Commerce subsequently determined that the scope request only pertained to Mexico. Thus, we are rescinding the scope inquiry initiation instructions with respect to whether certain steel freight rail yokes are covered by the scope of the antidumping and countervailing duty orders on freight rail couplers from the People's Republic of China (A-570-145, C-570-146). See message 4072407, dated 03/12/2024. CBP should continue to suspend liquidation of entries of freight rail couplers that are subject to the suspension of liquidation under the antidumping and countervailing duty orders on freight rail couplers from the People's Republic of China at the cash deposit rates in effect on the date of entry until liquidation instructions are issued. 4. Commerce determined that steel freight rail yokes are outside the scope of the order because of the plain language of the scope of the Order. The Order specifies subject merchandise as freight railcar couplers and parts thereof defining parts thereof as various components which explicitly do not include yokes. Furthermore, a previous Order aimed at freight rail coupler systems explicitly listed yokes and the specific type of yokes. Therefore, steel freight rail yokes are not within the scope of the antidumping duty order on certain freight rail couplers and parts thereof from Mexico. 5. For all entries of certain freight rail couplers and parts thereof not within scope that remain unliquidated on or after 05/03/2023, CBP shall terminate suspension and liquidate entries of product not within scope which were entered, or withdrawn from warehouse, for consumption. 6. Refund any cash deposits relating to steel freight rail yokes described above. 7. These instructions constitute notice of the lifting of suspension of liquidation of entries of steel freight rail yokes entered, or withdrawn from warehouse, for consumption on or after 05/03/2023. 8. The assessment of antidumping duties by CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930, as amended. Section 778 requires that CBP pay interest on overpayments or assess interest on underpayments of the required amounts deposited as estimated antidumping duties. The interest provisions are not applicable to cash posted as estimated antidumping duties before the date of publication of the antidumping duty order. Interest shall be calculated from the date payment of estimated antidumping duties is required through the date of liquidation. The rate at which such interest is payable is the rate in effect under section 6621 of the Internal Revenue Code of 1954 for such period. 9. Unless instructed otherwise, for all other shipments of certain freight rail couplers and parts thereof from Mexico not covered by paragraph 2 above, you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates. 10. This instruction to liquidate entries covered by this message does not limit CBP's independent authority, including its authority to suspend, continue to suspend, or extend liquidation of entries addressed by this message. Accordingly, CBP should examine all entries for which this message directs liquidation to determine whether any such entries are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's independent authority (e.g., Enforce and Protect Act under section 517 of the Tariff Act of 1930, as amended). If entries of subject merchandise covered by this message are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's own authority, CBP port officials should follow CBP's internal procedures with respect to continuing any suspension, the lifting of suspension, and/or continuing any extension of liquidation for such entries. 11. 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 OIV:JM) 12. There are no restrictions on the release of this information. Alexander Amdur