78308 Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Notices 

1See Certain Freight Rail Couplers and Parts 

Thereof from Mexico: Final Affirmative 

Determination of Sales at Less Than Fair Value and 

Final Negative Determination of Critical 

Circumstances, 88 FR 61653 (September 21, 2023) 

(Final Determination). 

2See ITC’s Letter, Investigation No. 731–TA–1593 

(Final), dated November 6, 2023. 

3See Certain Freight Rail Couplers and Parts 

Thereof from Mexico: Preliminary Affirmative 

Determination of Sales at Less Than Fair Value 

Preliminary Negative Determination of Critical 

Circumstances, Postponement of Final 

Determination, and Extension of Provisional 

Measures, 88 FR 27864 (May 3, 2023) (Preliminary 

Determination). 

351.511(a)(2), filed pursuant to 19 CFR 

351.301(c)(3) and rebuttal, clarification 

and correction filed pursuant to 19 CFR 

351.301(c)(3)(iv); (3) comments 

concerning the selection of a surrogate 

country and surrogate values and 

rebuttal; (4) comments concerning CBP 

data; and (5) Q&V questionnaires. Under 

certain circumstances, Commerce may 

elect to specify a different time limit by 

which extension requests will be 

considered untimely for submissions 

which are due from multiple parties 

simultaneously. In such a case, 

Commerce will inform parties in the 

letter or memorandum setting forth the 

deadline (including a specified time) by 

which extension requests must be filed 

to be considered timely. This policy also 

requires that an extension request must 

be made in a separate, stand-alone 

submission, and clarifies the 

circumstances under which Commerce 

will grant untimely-filed requests for the 

extension of time limits. Please review 

the Final Rule, available at https://

www.gpo.gov/fdsys/pkg/FR-2013-09-20/ 

html/2013-22853.htm, prior to 

submitting factual information in these 

segments. 

Notification to Interested Parties 

These initiations and this notice are 

in accordance with section 751(a) of the 

Act (19 U.S.C. 1675(a)) and 19 CFR 

351.221(c)(1)(i). 

Dated: November 7, 2023. 

James Maeder, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2023–25138 Filed 11–14–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–201–857] 

Certain Freight Rail Couplers and Parts 

Thereof From Mexico: Antidumping 

Duty Order 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Based on affirmative final 

determinations by the U.S. Department 

of Commerce (Commerce) and the U.S. 

International Trade Commission (ITC), 

Commerce is issuing an antidumping 

duty order on certain freight rail 

couplers and parts thereof (freight rail 

couplers) from Mexico. 

DATES: Applicable November 15, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan Hall-Eastman, AD/CVD 

Operations, Office III, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–1468 

SUPPLEMENTARY INFORMATION: 

Background 

In accordance with sections 735(d) 

and 777(i) of the Tariff Act of 1930, as 

amended (the Act), on September 21, 

2023, Commerce published its 

affirmative final determination in the 

less-than-fair-value (LTFV) investigation 

of freight rail couplers from Mexico.1

On November 6, 2023, the ITC notified 

Commerce of its final determination, 

pursuant to section 735(d) of the Act, 

that an industry in the United States is 

materially injured within the meaning 

of section 735(b)(1)(A)(i) of the Act by 

reason of LTFV imports of freight rail 

couplers from Mexico.2

Scope of the Order 

The products covered by this order 

are freight rail couplers from Mexico. 

For a complete description of the scope 

of the order, see the appendix to this 

notice. 

Antidumping Duty Order 

On November 6, 2023, in accordance 

with sections 735(b)(1)(A)(i) and 735(d) 

of the Act, the ITC notified Commerce 

of its final determination that an 

industry in the United States is 

materially injured by reason of imports 

of freight rail couplers from Mexico. 

Therefore, Commerce is issuing this 

antidumping duty order in accordance 

with sections 735(c)(2) and 736 of the 

Act. Because the ITC determined that 

imports of freight rail couplers from 

Mexico are materially injuring a U.S. 

industry, unliquidated entries of such 

merchandise from Mexico, entered or 

withdrawn from warehouse for 

consumption, are subject to the 

assessment of antidumping duties. 

Therefore, in accordance with section 

736(a)(1) of the Act, Commerce will 

direct U.S. Customs and Border 

Protection (CBP) to assess, upon further 

instruction by Commerce, antidumping 

duties equal to the amount by which the 

normal value of the merchandise 

exceeds the export price (or constructed 

export price) of the merchandise, for all 

relevant entries of freight rail couplers 

from Mexico. With the exception of 

entries occurring after the expiration of 

the provisional measures period and 

before publication of the ITC’s final 

affirmative injury determination, as 

further described below, antidumping 

duties will be assessed on unliquidated 

entries of freight rail couplers from 

Mexico, entered, or withdrawn from 

warehouse, for consumption, on or after 

May 3, 2023, the date of publication of 

the Preliminary Determination.3

Continuation of Suspension of 

Liquidation and Cash Deposits 

Except as noted in the ‘‘Provisional 

Measures’’ section of this notice, in 

accordance with section 736 of the Act, 

Commerce will instruct CBP to continue 

to suspend liquidation on all relevant 

entries of freight rail couplers from 

Mexico. These instructions suspending 

liquidation will remain in effect until 

further notice. 

Commerce will also instruct CBP to 

require cash deposits equal to the 

amounts indicated below. Accordingly, 

effective on the date of publication in 

the Federal Register of the notice of the 

ITC’s final affirmative injury 

determination, CBP will require, at the 

same time as importers would normally 

deposit estimated duties on this subject 

merchandise, a cash deposit equal to the 

cash deposit rates listed in the table 

below. The all-others rate applies to all 

producers or exporters not specifically 

listed, as appropriate. 

Estimated Weighted-Average Dumping 

Margins 

The estimated weighted-average 

dumping margins for this antidumping 

order are as follows: 

Exporter/producer 

Weightedaverage 

dumping 

margin 

(percent) 

ASF–K de Mexico S. de R.L. de 

C.V .......................................... 48.10 

All Others .................................... 48.10 

Provisional Measures 

Section 733(d) of the Act states that 

suspension of liquidation pursuant to an 

affirmative preliminary determination 

may not remain in effect for more than 

four months, except where exporters 

representing a significant proportion of 

exports of the subject merchandise 


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Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Notices 78309 

4 Id. 

5See Final Determination. 

6See, e.g., Certain Corrosion-Resistant Steel 

Products from India, India, the People’s Republic of 

China, the Republic of Korea and Taiwan: 

Amended Final Affirmative Antidumping 

Determination for India and Taiwan, and 

Antidumping Duty Orders, 81 FR 48390, 48392 

(July 25, 2016). 

7See Regulations to Improve Administration and 

Enforcement of Antidumping and Countervailing 

Duty Laws, 86 FR 52300 (September 20, 2021) 

(Final Rule). 

8See Scope Ruling Application; Annual Inquiry 

Service List; and Informational Sessions, 86 FR 

53205 (September 27, 2021) (Procedural Guidance). 

9 Id. 

10This segment will be combined with the 

ACCESS Segment Specific Information (SSI) field, 

which will display the month in which the notice 

of the order or suspended investigation was 

published in the Federal Register, also known as 

the anniversary month. For example, for an order 

under case number A–000–000 that published in 

the Federal Register in January, the relevant 

segment and SSI combination will appear in 

ACCESS as ‘‘AISL-January Anniversary.’’ Note that 

there will be only one annual inquiry service list 

segment per case number, and the anniversary 

month will be pre-populated in ACCESS. 11See Final Rule, 86 FR at 52335. 

request that Commerce extend the fourmonth period to no more than six 

months. At the request of exporters that 

account for a significant proportion of 

freight rail couplers from Mexico, 

Commerce extended the four-month 

period to six months. Commerce’s 

Preliminary Determination was 

published on May 3, 2023.4 Commerce’s 

Final Determination was extended and 

was published on September 15, 2023.5

The extended provisional measures 

period, beginning on the date of 

publication of the Preliminary 

Determination, ended on October 29, 

2023. Therefore, in accordance with 

section 733(d) of the Act and our 

practice,6 Commerce will instruct CBP 

to terminate the suspension of 

liquidation and to liquidate, without 

regard to antidumping duties, 

unliquidated entries of freight rail 

couplers from Mexico entered or 

withdrawn from warehouse, for 

consumption after October 29, 2023, the 

final day on which the provisional 

measures were in effect, until and 

through the day preceding the date of 

publication of the ITC’s final affirmative 

injury determination in the Federal 

Register. Suspension of liquidation and 

the collection of cash deposits will 

resume on the date of publication of the 

ITC’s final determination in the Federal 

Register. 

Establishment of the Annual Inquiry 

Service Lists 

On September 20, 2021, Commerce 

published the final rule titled 

‘‘Regulations to Improve Administration 

and Enforcement of Antidumping and 

Countervailing Duty Laws’’ in the 

Federal Register.7 On September 27, 

2021, Commerce also published the 

notice titled ‘‘Scope Ruling Application; 

Annual Inquiry Service List; and 

Informational Sessions’’ in the Federal 

Register.8 The Final Rule and 

Procedural Guidance provide that 

Commerce will maintain an annual 

inquiry service list for each order or 

suspended investigation, and any 

interested party submitting a scope 

ruling application or request for 

circumvention inquiry shall serve a 

copy of the application or request on the 

persons on the annual inquiry service 

list for that order, as well as any 

companion order covering the same 

merchandise from the same country of 

origin.9

In accordance with the Procedural 

Guidance, for orders published in the 

Federal Register after November 4, 

2021, Commerce will create an annual 

inquiry service list segment in 

Commerce’s online e-filing and 

document management system, 

Antidumping and Countervailing Duty 

Electronic Service System (ACCESS), 

available at https://access.trade.gov, 

within five business days of publication 

of the notice of the order. Each annual 

inquiry service list will be saved in 

ACCESS, under each case number, and 

under a specific segment type called 

‘‘AISL-Annual Inquiry Service List.’’ 10

Interested parties who wish to be 

added to the annual inquiry service list 

for an order must submit an entry of 

appearance to the annual inquiry 

service list segment for the order in 

ACCESS within 30 days after the date of 

publication of the order. For ease of 

administration, Commerce requests that 

law firms with more than one attorney 

representing interested parties in an 

order designate a lead attorney to be 

included on the annual inquiry service 

list. Commerce will finalize the annual 

inquiry service list within five business 

days thereafter. As mentioned in the 

Procedural Guidance, the new annual 

inquiry service list will be in place until 

the following year, when the 

Opportunity Notice for the anniversary 

month of the order is published. 

Commerce may update an annual 

inquiry service list at any time as 

needed based on interested parties’ 

amendments to their entries of 

appearance to remove or otherwise 

modify their list of members and 

representatives, or to update contact 

information. Any changes or 

announcements pertaining to these 

procedures will be posted to the 

ACCESS website at https://

access.trade.gov. 

Special Instructions for Petitioners and 

Foreign Governments 

In the Final Rule, Commerce stated 

that, ‘‘after an initial request and 

placement on the annual inquiry service 

list, both petitioners and foreign 

governments will automatically be 

placed on the annual inquiry service list 

in the years that follow.’’ 11

Accordingly, as stated above, the 

petitioners and foreign governments 

should submit their initial entry of 

appearance after publication of this 

notice in order to appear in the first 

annual inquiry service list. Pursuant to 

19 CFR 351.225(n)(3), the petitioners 

and foreign governments will not need 

to resubmit their entries of appearance 

each year to continue to be included on 

the annual inquiry service list. 

However, the petitioners and foreign 

governments are responsible for making 

amendments to their entries of 

appearance during the annual update to 

the annual inquiry service list in 

accordance with the procedures 

described above. 

Notification to Interested Parties 

This notice constitutes the 

antidumping duty order with respect to 

freight rail couplers from Mexico 

pursuant to section 736(a) of the Act. 

Interested parties can find a list of 

antidumping duty orders currently in 

effect at https://www.trade.gov/datavisualization/adcvd-proceedings. 

This order is published in accordance 

with section 736(a) of the Act and 19 

CFR 351.211(b). 

Dated: November 8, 2023. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

Scope of the Order 

The scope of this order 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 order 

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 order 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. 


ddrumheller on DSK120RN23PROD with NOTICES1
78310 Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Notices 

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-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 order 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 

order 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 order 

is dispositive. 

[FR Doc. 2023–25201 Filed 11–14–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD521] 

New England Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meeting. 

SUMMARY: The New England Fishery 

Management Council (Council) is 

scheduling a meeting of its Scallop 

Committee via webinar to consider 

actions affecting New England fisheries 

in the exclusive economic zone (EEZ). 

Recommendations from this group will 

be brought to the full Council for formal 

consideration and action, if appropriate. 

DATES: This meeting will be held on 

Wednesday, November 29, 2023, at 1 

p.m. 

ADDRESSES: 

Webinar registration URL 

information: https://attendee.

gotowebinar.com/register/ 

4699670473411333979. 

Council address: New England 

Fishery Management Council, 50 Water 

Street, Mill 2, Newburyport, MA 01950. 

FOR FURTHER INFORMATION CONTACT: Cate 

O’Keefe, Ph.D., Executive Director, New 

England Fishery Management Council; 

telephone: (978) 465–0492. 

SUPPLEMENTARY INFORMATION: 

Agenda 

The Committee will review 

Framework 38 (FW38): review 

specifications alternatives in FW38 and 

select final preferred alternatives. FW38 

will set specifications including the 

overfishing limit (OFL), acceptable 

biological catch/annual catch limit 

(ABC/ACLs), days-at-sea (DAS), access 

area allocations for Limited Access (LA) 

vessels, quota and access area trip 

allocation to the Limited Access General 

Category (LAGC) Individual Fishing 

Quota (IFQ) component, Total 

Allowable Landings (TAL) for Northern 

Gulf of Maine (NGOM) management 

area, a target-TAC for LAGC incidental 

catch and set-asides for the observer and 

research programs for fishing year 2024, 

and default specifications for fishing 

year 2025. This action also considers 

increasing VMS ping rates for scallop 

vessels to improve enforcement in the 

scallop fishery. Other business will be 

discussed, if necessary. 

Although non-emergency issues not 

contained on the agenda may come 

before this Council for discussion, those 

issues may not be the subject of formal 

action during this meeting. Council 

action will be restricted to those issues 

specifically listed in this notice and any 

issues arising after publication of this 

notice that require emergency action 

under section 305(c) of the MagnusonStevens Act, provided the public has 

been notified of the Council’s intent to 

take final action to address the 

emergency. The public also should be 

aware that the meeting will be recorded. 

Consistent with 16 U.S.C. 1852, a copy 

of the recording is available upon 

request. 

Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to Cate 

O’Keefe, Ph.D., Executive Director, at 

(978) 465–0492, at least 5 days prior to 

the meeting date. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: November 9, 2023. 

Rey Israel Marquez, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–25225 Filed 11–14–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD361] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to the Lutak Dock 

Replacement Project, Haines Borough, 

Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; proposed incidental 

harassment authorization; request for 

comments on proposed authorization 

and possible renewal. 

SUMMARY: NMFS has received a request 

from Haines Borough for authorization 

to take marine mammals incidental to 

the Lutak dock replacement project in 

Lutak, Alaska. Pursuant to the Marine 

Mammal Protection Act (MMPA), NMFS 

is requesting comments on its proposal 

to issue an incidental harassment 

authorization (IHA) to incidentally take 

marine mammals during the specified 

activities. NMFS is also requesting 

comments on a possible one-time, 1- 

year renewal that could be issued under 

certain circumstances and if all 


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