12662 Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Notices 

1See Freight Rail Coupler Systems and Certain 

Components Thereof from the People’s Republic of 

China: Initiation of Countervailing Duty 

Investigation, 86 FR 58878 (October 25, 2021) 

(Initiation Notice). 

2See Freight Rail Coupler Systems and Certain 

Components Thereof from the People’s Republic of 

China: Postponement of Preliminary Determination 

in the Countervailing Duty Investigation, 86 FR 

70113 (December 9, 2021). 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Determination in the 

Countervailing Duty Investigation of Freight Rail 

Coupler Systems and Certain Components Thereof 

from the People’s Republic of China,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Preliminary Decision Memorandum). 

4See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble). 

5See Initiation Notice, 86 FR 58879. 

6See Memorandum, ‘‘Countervailing Duty 

Investigation of Freight Rail Coupler Systems and 

Certain Components Thereof from the People’s 

Republic of China: Request for Additional Scope 

Comments,’’ dated February 11, 2022. 

7See Freight Rail Coupler Systems and Certain 

Components Thereof from the People’s Republic of 

China: Initiation of Less-Than-Fair-Value 

Investigation, 86 FR 58864 (October 25, 2021). 

8See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

of the Act regarding benefit; and section 771(5A) of 

the Act regarding specificity. 

9See sections 776(a) and (b) of the Act. 

disclosed under the APO in accordance 

with 19 CFR 351.305(a)(3), which 

continues to govern business 

proprietary information in this segment 

of the proceeding. Timely written 

notification of the return/destruction of 

APO materials or conversion to judicial 

protective order is hereby requested. 

Failure to comply with the regulations 

and terms of an APO is a violation 

which is subject to sanction. 

Notification to Interested Parties 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(1) and 777(i) of the Act, and 19 

CFR 351.221(b)(5). 

Dated: February 28, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Changes Since the Preliminary Results 

V. Discussion of the Issues 

Comment 1: Particular Market Situation 

(PMS) 

Comment 2: Cost Smoothing 

Comment 3: Hyundai Steel’s Constructed 

Export Price (CEP) Offset 

Comment 4: Affiliated-Party Inputs 

Regarding POSCO and Hyundai Steel 

Comment 5: Hyundai Steel’s Affiliated 

Party Input Adjustment 

Comment 6: POSCO’s Freight Revenue 

Comment 7: POSCO’s U.S. Indirect Selling 

Expenses (ISEs) 

VI. Recommendation 

[FR Doc. 2022–04691 Filed 3–4–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Freight Rail Coupler Systems and 

Certain Components Thereof: 

Preliminary Affirmative Countervailing 

Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily determines 

that countervailable subsidies are being 

provided to producers and exporters of 

freight rail coupler systems and certain 

components thereof (freight rail 

couplers) from the People’s Republic of 

China (China) during the period of 

investigation January 1, 2020, through 

December 31, 2020. Interested parties 

are invited to comment on this 

preliminary determination. 

DATES: Applicable March 7, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Whitley Herndon or Robert Scully, AD/ 

CVD Operations, Office V, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–6274, or (202) 482–0572, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 703(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this investigation 

on October 25, 2021.1 On December 9, 

2021, Commerce postponed the 

preliminary determination to February 

28, 2022.2 For a complete description of 

the events that followed the initiation of 

this investigation, see the Preliminary 

Decision Memorandum.3 A list of topics 

discussed in the Preliminary Decision 

Memorandum is included as Appendix 

II to this notice. The Preliminary 

Decision Memorandum is a public 

document and is on file electronically 

via Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS). ACCESS is available to 

registered users at http://

access.trade.gov. In addition, a complete 

version of the Preliminary Decision 

Memorandum can be accessed directly 

at http://enforcement.trade.gov/frn/. 

Scope of the Investigation 

The product covered by this 

investigation is freight rail couplers 

from China. For a complete description 

of the scope of this investigation, see 

Appendix I. 

Scope Comments 

In accordance with the Preamble to 

Commerce’s regulations,4 the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 

coverage (i.e., scope).5 We received 

several comments concerning the scope 

of the antidumping duty (AD) and 

countervailing duty (CVD) 

investigations of freight rail couplers as 

it appeared in the Initiation Notice. On 

February 11, 2022, we requested 

additional scope comments from 

interested parties regarding 

merchandise under consideration 

attached to rail cars.6 On February 22, 

2022, we received comments from 

several interested parties; with rebuttal 

comments due March 1, 2022. Because 

these comments were submitted in close 

proximity to the preliminary 

determinations, we intend to issue our 

preliminary decision regarding the 

scope of the AD and CVD investigations 

after the preliminary determination of 

the companion AD investigation, the 

deadline for which is March 8, 2022.7

We will incorporate the scope decisions 

from the AD investigation into the scope 

of the final CVD determination for this 

investigation after considering any 

relevant comments submitted in scope 

case and rebuttal briefs. 

Methodology 

Commerce is conducting this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found countervailable, 

Commerce preliminarily determines 

that there is a subsidy, i.e., a financial 

contribution by an ‘‘authority’’ that 

gives rise to a benefit to the recipient, 

and that the subsidy is specific.8

Commerce notes that, in making these 

findings, it relied on facts available and, 

because Commerce finds that necessary 

information was missing from the 

record and because respondents did not 

act to the best of their ability to respond 

to Commerce’s requests for information, 

Commerce drew an adverse inference in 

selecting from among the facts 

otherwise available.9 For further 

information, see ‘‘Use of Facts 

Otherwise Available and Adverse 

Inferences’’ in the Preliminary Decision 

Memorandum. 


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Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Notices 12663 

10See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

11See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19; Extension 

of Effective Period, 85 FR 41363 (July 10, 2020). 

All-Others Rate 

Sections 703(d) and 705(c)(5)(A) of 

the Act provide that in the preliminary 

determination, Commerce shall 

determine an estimated all-others rate 

for companies not individually 

examined. This rate shall be an amount 

equal to the weighted average of the 

estimated subsidy rates established for 

those companies individually 

examined, excluding any zero and de 

minimis rates and any rates based 

entirely under section 776 of the Act. 

Pursuant to section 705(c)(5)(A)(ii) of 

the Act, if the individual estimated 

countervailable subsidy rates 

established for all exporters and 

producers individually examined are 

zero, de minimis or determined based 

entirely on facts otherwise available, 

Commerce may use ‘‘any reasonable 

method’’ to establish the estimated 

subsidy rate for all-other producers or 

exporters. In this investigation, 

Commerce preliminarily determined the 

individually estimated subsidy rate for 

the individually examined respondent 

based entirely on facts available under 

section 776 of the Act. Consequently, 

pursuant to sections 703(d) and 

705(c)(5)(A)(ii) of the Act, we 

established the all-others rate by 

applying the countervailable subsidy 

rate assigned to the mandatory 

respondent. 

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated 

countervailable subsidy rates exist: 

Company 

Subsidy rate 

(ad valorem) 

(percent) 

Chongqing Tongyao Transportation 

Equipment Co .............................. 265.99 

CRRC Corporation Limited ............. 265.99 

CRRC Qiqihar Co., Ltd ................... 265.99 

China Railway Materials Group Co., 

Ltd ................................................ 265.99 

Shaanxi Haiduo Railway Technology Development Co., Ltd ...... 265.99 

All Others ........................................ 265.99 

Suspension of Liquidation 

In accordance with section 

703(d)(1)(B) and (d)(2) of the Act, 

Commerce will direct U.S. Customs and 

Border Protection (CBP) to suspend 

liquidation of entries of subject 

merchandise as described in the scope 

of the investigation entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication of this notice in the Federal 

Register. Further, pursuant to 19 CFR 

351.205(d), Commerce will instruct CBP 

to require a cash deposit equal to the 

rates indicated above. 

Disclosure 

Normally, Commerce discloses its 

calculations and analysis performed in 

connection with the preliminary 

determination to interested parties 

within five days of its public 

announcement, or if there is no public 

announcement, within five days of the 

date of publication of this notice, in 

accordance with 19 CFR 351.224(b). 

However, because Commerce 

preliminarily applied total AFA rates to 

the individually examined company, 

Chongqing Tongyao, and to the 

companies that did not respond to 

Commerce’s quantity and value 

questionnaire, and the applied AFA 

rates are based on rates calculated in 

prior proceedings, there are no 

calculations to disclose. 

Verification 

Because the examined respondent in 

this investigation did not provide 

information requested by Commerce 

and Commerce preliminarily determines 

that the examined respondent to have 

been uncooperative, we will not 

conduct verification. 

Public Comment 

All interested parties will have the 

opportunity to submit case and rebuttal 

briefs on the preliminary scope 

determination. The deadline to submit 

case briefs on the preliminary scope 

determination will be seven days after 

the signature date of the preliminary 

scope decision memorandum. Scope 

rebuttal briefs (which are limited to 

issues raised in the scope briefs) may be 

submitted no later than seven days after 

the deadline for the scope briefs. For all 

scope briefs and rebuttals thereto, 

parties must file identical documents 

simultaneously on the records of the 

ongoing AD and CVD freight rail 

coupler investigations. No new factual 

information or business proprietary 

information may be included in either 

scope briefs or rebuttal scope briefs. 

Case briefs or other written comments 

on non-scope matters may be submitted 

to the Assistant Secretary for 

Enforcement and Compliance no later 

than 20 days after the date of 

publication of the preliminary 

determination. Rebuttal briefs, limited 

to issues raised in case briefs, may be 

submitted no later than seven days after 

the deadline date for case briefs.10

Pursuant to 19 CFR 351.309(c)(2) and 

(d)(2), parties who submit case briefs or 

rebuttal briefs in this investigation are 

encouraged to submit with each 

argument: (1) A statement of the issue; 

(2) a brief summary of the argument; 

and (3) a table of authorities. Commerce 

has modified certain of its requirements 

for serving documents containing 

business proprietary information until 

further notice.11

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, limited to issues raised in the 

case and rebuttal briefs, must submit a 

written request to the Assistant 

Secretary for Enforcement and 

Compliance, U.S. Department of 

Commerce within 30 days after the date 

of publication of this notice. Requests 

should contain the party’s name, 

address, and telephone number, the 

number of participants, whether any 

participant is a foreign national, and a 

list of the issues to be discussed. If a 

request for a hearing is made, Commerce 

intends to hold the hearing at a date and 

time to be determined. Parties should 

confirm by telephone the date, time, and 

location of the hearing two days before 

the scheduled date. 

International Trade Commission 

Notification 

In accordance with section 703(f) of 

the Act, Commerce will notify the 

International Trade Commission (ITC) of 

its determination. If the final 

determination is affirmative, then the 

ITC will determine before the later of 

120 days after the date of this 

preliminary determination or 45 days 

after the final determination whether 

imports of freight rail couplers from 

China are materially injuring, or 

threaten material injury to, the U.S. 

industry. 

Notification to Interested Parties 

This determination is issued and 

published pursuant to sections 703(f) 

and 777(i) of the Act, and 19 CFR 

351.205(c). 

Dated: February 28, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix I 

Scope of the Investigation 

The scope of this investigation covers 

freight rail car coupler systems and certain 

components thereof. Freight rail car coupler 

systems are composed of, at minimum, four 

main components (knuckles, coupler bodies, 

coupler yokes, and follower blocks, as 

specified below) but may also include other 

items (e.g., coupler locks, lock lift assemblies, 

knuckle pins, knuckle throwers, and rotors). 

The components covered by the investigation 

include: (1) E coupler bodies; (2) E/F coupler 


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12664 Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Notices 

bodies; (3) F coupler bodies; (4) E yokes; (5) 

F yokes; (6) E knuckles; (7) F knuckles; (8) 

E type follower blocks; and (9) F type 

follower blocks, as set forth by the 

Association of American Railroads (AAR). 

The freight rail coupler components are 

included within the scope of the 

investigation when imported individually, or 

in some combination thereof, such as in the 

form of a coupler fit (a coupler body and 

knuckle assembled together), independent 

from a coupler system. 

Subject freight rail car coupler systems and 

components are included within the scope 

whether finished or unfinished, whether 

imported individually or with other subject 

or non-subject components, whether 

assembled or unassembled, whether mounted 

or unmounted, or if joined with non-subject 

merchandise, such as other non-subject 

system parts or a completed rail car. 

Finishing includes, but is not limited to, arc 

washing, welding, grinding, shot blasting, 

heat treatment, machining, and assembly of 

various components. When a subject coupler 

system or subject components are mounted 

on or to other non-subject merchandise, such 

as a rail car, only the coupler system or 

subject components 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’’ 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 coupler 

systems and components, whether fully 

assembled, unfinished or finished, or 

attached to a rail car, is the country where 

the subject coupler components were cast or 

forged. Subject merchandise includes coupler 

components as defined above that have been 

further processed or further assembled, 

including those coupler components attached 

to a rail car 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 

components. The inclusion, attachment, 

joining, or assembly of non-subject 

components with subject components or 

coupler systems either in the country of 

manufacture of the in-scope product or in a 

third country does not remove the subject 

components or coupler systems from the 

scope. 

The coupler systems 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 rail 

cars 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 9803.00.5000 if imported as an 

Instrument of International Traffic. These 

HTSUS subheadings are provided for 

convenience and customs purposes only; the 

written description of the scope of the 

investigation is dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope Comments 

IV. Scope of the Investigation 

V. Use of Facts Otherwise Available and 

Adverse Inferences 

VI. Analysis of Programs 

VII. Recommendation 

[FR Doc. 2022–04692 Filed 3–4–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Civil Nuclear Trade Advisory 

Committee; Meeting 

AGENCY: International Trade 

Administration, U.S. Department of 

Commerce. 

ACTION: Notice of a partially closed 

Federal Advisory Committee meeting. 

SUMMARY: This notice sets forth the 

schedule and proposed agenda for a 

partially closed meeting of the Civil 

Nuclear Trade Advisory Committee 

(CINTAC). 

DATES: The meeting is scheduled for 

Thursday, April 21, 2022, from 10:00 

a.m. to 3:00 p.m. Eastern Daylight Time 

(EDT). The deadline for members of the 

public to register to participate, 

including requests to make comments 

during the meeting and for auxiliary 

aids, or to submit written comments for 

dissemination prior to the meeting, is 

5:00 p.m. EDT on Friday, April 15, 

2022. 

ADDRESSES: The meeting will be held 

virtually via Microsoft Teams. Requests 

to register to participate (including to 

speak or for auxiliary aids) and any 

written comments should be submitted 

via email to Mr. Jonathan Chesebro, 

Office of Energy & Environmental 

Industries, International Trade 

Administration, at jonathan.chesebro@

trade.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jonathan Chesebro, Office of Energy & 

Environmental Industries, International 

Trade Administration (Phone: 202–482– 

1297; email: jonathan.chesebro@

trade.gov). 

SUPPLEMENTARY INFORMATION: 

Background: The CINTAC was 

established under the discretionary 

authority of the Secretary of Commerce 

and in accordance with the Federal 

Advisory Committee Act, as amended (5 

U.S.C. App.), in response to an 

identified need for consensus advice 

from U.S. industry to the U.S. 

Government regarding the development 

and administration of programs to 

expand United States exports of civil 

nuclear goods and services in 

accordance with applicable U.S. laws 

and regulations, including advice on 

how U.S. civil nuclear goods and 

services export policies, programs, and 

activities will affect the U.S. civil 

nuclear industry’s competitiveness and 

ability to participate in the international 

market. 

The Department of Commerce 

renewed the CINTAC charter on August 

5, 2020. This meeting is being convened 

under the seventh charter of the 

CINTAC. 

Topics to be considered: The agenda 

for the CINTAC meeting on Thursday, 

April 21, 2022, is as follows: 

Closed Session (10:00 a.m.–1:00 

p.m.)—Discussion of matters 

determined to be exempt from the 

provisions of the Federal Advisory 

Committee Act relating to public 

meetings found in 5 U.S.C. App. 

§§ (10)(a)(1) and 10(a)(3). The session 

will be closed to the public pursuant to 

Section 10(d) of FACA as amended by 

Section 5(c) of the Government in 

Sunshine Act, Public Law 94–409, and 

in accordance with Section 552b(c)(4) 

and Section 552b(c)(9)(B) of Title 5, 

United States Code, which authorize 

closure of meetings that are ‘‘likely to 

disclose trade secrets and commercial or 

financial information obtained from a 

person and privileged or confidential’’ 

and ‘‘likely to significantly frustrate 

implementation of a proposed agency 

action,’’ respectively. The part of the 

meeting that will be closed will address 

(1) nuclear cooperation agreements; (2) 

encouraging ratification of the 

Convention on Supplementary 

Compensation for Nuclear Damage; and 

(3) identification of specific trade 

barriers impacting the U.S. civil nuclear 

industry. 

Public Session (1:00 p.m.–3:00 

p.m.)—Discuss work of the 

subcommittees, review of deliberative 

recommendations, and opportunity to 

hear from members of the public. 

Members of the public wishing to 

attend the public session of the meeting 

must notify Mr. Chesebro at the contact 

information above by 5:00 p.m. EDT on 

Friday, April 15, 2022 in order to preregister to participate. Please specify 

any requests for reasonable 

accommodation at least five business 

days in advance of the meeting. Last 

minute requests will be accepted but 

may not be possible to fill. A limited 


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