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###### International Trade Commission

          - [Investigation Nos. 701-TA-670 and 731-TA-1570 (Final)]

# AGENCY:

United States International Trade Commission.

# ACTION:

Notice.

# SUMMARY:

                        The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-670 and 731-TA-1570 (Final) pursuant to the Tariff Act of 1930 (“the Act”) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of freight rail coupler systems and components from China, provided for in subheading 8607.30.10 [1]                                                  of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (“Commerce”) to be subsidized.                    

# DATES:

February 28, 2022.

# FOR FURTHER INFORMATION CONTACT:

                        Stamen Borisson (202) 205-3125), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (                        *https://www.usitc.gov*). The public record for these investigations may be viewed on the Commission's electronic docket (EDIS) at                         *https://edis.usitc.gov.*

# SUPPLEMENTARY INFORMATION:

*Scope.*                    —For purposes of these investigations, Commerce has defined the subject merchandise as “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). 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.” For Commerce's complete scope and tariff treatment, see 87 FR 12662, March 7, 2022.                

*Background.*                    —The final phase of these investigations is being scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of an affirmative preliminary determination by Commerce that certain benefits which constitute subsidies within the meaning of § 703 of the Act (19 U.S.C. 1671b) are being provided to manufacturers, producers, or exporters in China of freight rail coupler systems and components. The investigations were requested in petitions filed on September 29, 2021, by the Coalition of Freight Coupler Producers consisting of McConway & Torley LLC (“M&T), Pittsburgh, PA, and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC (“USW”).[2] 

For further information concerning the conduct of this phase of the investigations, hearing procedures, and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207).

*Participation in the investigations and public service list.*                    —Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of these investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in § 201.11 of the Commission's rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigations need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations.                

                    Please note the Secretary's Office will accept only electronic filings during this time. Filings must be made through the Commission's Electronic Document Information System (EDIS,                     *https://edis.usitc.gov.*) No in-person paper-based filings or paper copies of any electronic filings will be accepted until further notice.                

*Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.*                    —Pursuant to § 207.7(a) of the Commission's rules, the Secretary will make BPI gathered in the final phase of these investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO.                

*Staff report.*                    —The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on April 28, 2022, and a public version will be issued thereafter, pursuant to § 207.22 of the Commission's rules.                          ( print page 14038)    

*Hearing.*                    —The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on May 12, 2022. Information about the place and form of the hearing, including about how to participate in and/or view the hearing, will be posted on the Commission's website at                     *https://www.usitc.gov/​calendarpad/​calendar.html.*                     Interested parties should check the Commission's website periodically for updates. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before May 9, 2022. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference to be held at 9:30 a.m. on May 10, 2022. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties must submit any request to present a portion of their hearing testimony                     *in camera*                     no later than 7 business days prior to the date of the hearing.                

*Written submissions.*                    —Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of § 207.23 of the Commission's rules; the deadline for filing is May 5, 2022. Parties may also file written testimony in connection with their presentation at the hearing, as provided in § 207.24 of the Commission's rules, and posthearing briefs, which must conform with the provisions of § 207.25 of the Commission's rules. The deadline for filing posthearing briefs is May 20, 2022. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before May 20, 2022. On June 8, 2022, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before June 10, 2022, but such final comments must not contain new factual information and must otherwise comply with § 207.30 of the Commission's rules. All written submissions must conform with the provisions of § 201.8 of the Commission's rules; any submissions that contain BPI must also conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's                     *Handbook on Filing Procedures,*                     available on the Commission's website at                     *https://www.usitc.gov/​documents/​handbook_​on_​filing_​procedures.pdf,*                     elaborates upon the Commission's procedures with respect to filings.                

Additional written submissions to the Commission, including requests pursuant to § 201.12 of the Commission's rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff.

In accordance with §§ 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service.

*Authority:*                     These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.21 of the Commission's rules.                

By order of the Commission.

Issued: March 8, 2022.

Lisa Barton,

Secretary to the Commission.

# Footnotes

1.                                 Unfinished subject merchandise may also enter under subheading 7326.90.86. Subject merchandise attached to finished rail cars may also enter under subheadings 8606.10.00, 8606.30.00, 8606.91.00, 8606.92.00, 8606.99.01 or under subheading 9803.00.50 if imported as an Instrument of International Traffic.                        
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2.                             Initially, Petitioner was M&T and another domestic producer. However, the other domestic producer withdrew, and USW was added to the petitions.                    
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[FR Doc. 2022-05236 Filed 3-10-22; 8:45 am]

BILLING CODE 7020-02-P