Notice of affirmative final determination and affirmative critical circumstances, in part, in the countervailing duty investigation of certain freight couplers and parts thereof from the People's Republic of China (C-570-146).

1. On 05/19/2023, Commerce published in the Federal Register its final affirmative determination and affirmative determination of critical circumstances, in part, in the countervailing duty investigation of certain freight couplers and parts thereof from the People's Republic of China (subject merchandise) (88 FR 32184). 2. The scope of this investigation covers 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 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 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. The couplers that are the subject of this investigation 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 this investigation is dispositive. 3. This proceeding has been assigned case number C-570-146. 4a. CBP shall continue to suspend liquidation of shipments of subject merchandise from the companies below that were entered, or withdrawn from warehouse, for consumption on or after 03/03/2023 (the date of publication of the preliminary determination). Additionally, for imports of subject merchandise, entered, or withdrawn from warehouse, for consumption on or after 05/19/2023 (the date of publication of the final determination in the Federal Register), CBP shall collect a cash deposit equal to the percentages of entered value listed below: Producer and/or Exporter: All Others Case number: C-570-146-000 Cash Deposit Rate: 265.99 percent 4b. Commerce issued affirmative preliminary and final critical circumstances determinations for the producers and/or exporters below. Accordingly, CBP shall continue to suspend liquidation of shipments of subject merchandise from the companies below that were entered, or withdrawn from warehouse, for consumption on or after 12/03/2022 (90 days prior to the date of FR publication of the preliminary determination). Additionally, for imports of subject merchandise from these companies, entered, or withdrawn from warehouse, for consumption on or after 05/19/2023 (the date of publication of the final determination in the Federal Register), CBP shall require a cash deposit equal to the percentages of entered value listed below: Producer and/or Exporter: Chongqing Changzheng Heavy Industry Co., Ltd. Case Number: C-570-146-001 Cash Deposit: 265.99 percent Producer and/or Exporter: Chongqing Tongyao Transportation Equipment Co. Case Number: C-570-146-002 Cash Deposit: 265.99 percent Producer and/or Exporter: CRRC Qiqihar Co., Ltd. Case Number: C-570-146-003 Cash Deposit: 265.99 percent Producer and/or Exporter: NanJing Zhongsheng Rolling Stock Components Co. Ltd. Case Number: C-570-146-004 Cash Deposit: 265.99 percent Producer and/or Exporter: Ningbo Minghui Metal Technology Co., Ltd. Case Number: C-570-146-005 Cash Deposit: 265.99 percent Producer and/or Exporter: Qingdao Lianshan Casting Co., Ltd. Case Number: C-570-146-006 Cash Deposit: 265.99 percent Producer and/or Exporter: Qingdao Sanheshan Precision Casting Co., Ltd. Case Number: C-570-146-007 Cash Deposit: 265.99 percent Producer and/or Exporter: Shaanxi Haiduo Railway Technology Development Co., Ltd. Case Number: C-570-146-008 Cash Deposit: 265.99 percent Producer and/or Exporter: Shanghai Voith Xiagujin Chuang Coupler Technology Co., Ltd. Case Number: C-570-146-009 Cash Deposit: 265.99 percent 4c. Commerce issued a final negative critical circumstances determination for all other producers and/or exporters for which Commerce issued a preliminarily affirmative critical circumstances determination. Accordingly, Commerce will issue separate liquidation instructions for imports from all other producers and/or exporters entered prior to the publication of the preliminary determination. 5. If there are any questions by the 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 OIX:TKS.) 6. There are no restrictions on the release of this information. Alexander Amdur