Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Notices 30869 

Less-Than-Fair-Value Investigations, 87 FR 3965 

(January 26, 2022). 

2See Petitioner’s Letter, ‘‘Certain Steel Nails from 

India, Sri Lanka, Thailand and Turkey—Petitioner’s 

Request for Postponement of Preliminary 

Determinations,’’ dated May 9, 2022. 

3 Id. 

1See Freight Rail Coupler Systems and Certain 

Components Thereof: Preliminary Affirmative 

Countervailing Duty Determination, 87 FR 12662 

(March 7, 2022) (Preliminary Determination), and 

accompanying Preliminary Decision Memorandum 

(PDM). 

2See Memorandum, ‘‘Antidumping and 

Countervailing Duty Investigations of Freight Rail 

Coupler Systems and Certain Components Thereof 

from the People’s Republic of China: PostPreliminary Scope Decision Memorandum,’’ dated 

April 11, 2022 (Post-Preliminary Scope Decision 

Memorandum); see also 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). 

3See Strato’s Letter, ‘‘Strato Scope Case Brief’’; 

and Wabtec’s Letter, ‘‘Case Brief On PostPreliminary Scope Decision,’’ both dated April 18, 

2022. 

4See Petitioner’s Letter, ‘‘Rebuttal Brief,’’ dated 

April 25, 2022. 

5See Preliminary Determination, 87 FR at 12663. 

6See Initiation Notice. 

preliminary determinations are due no 

later than June 8, 2022. 

Postponement of Preliminary 

Determinations 

Section 733(b)(1)(A) of the Tariff Act 

of 1930, as amended (the Act), requires 

Commerce to issue the preliminary 

determination in an LTFV investigation 

within 140 days of the date on which 

Commerce initiated the investigation. 

However, section 733(c)(1) of the Act 

permits Commerce to postpone the 

preliminary determination until no later 

than 190 days after the date on which 

Commerce initiated the investigation if: 

(A) The petitioner makes a timely 

request for a postponement; or (B) 

Commerce concludes that the parties 

concerned are cooperating, that the 

investigation is extraordinarily 

complicated, and that additional time is 

necessary to make a preliminary 

determination. Under 19 CFR 

351.205(e), the petitioner must submit a 

request for postponement 25 days or 

more before the scheduled date of the 

preliminary determination and must 

state the reasons for the request. 

Commerce will grant the request unless 

it finds compelling reasons to deny the 

request. 

On May 9, 2022, Mid Continent Steel 

& Wire, Inc. (the petitioner) submitted a 

timely request that Commerce postpone 

the preliminary determinations in these 

LTFV investigations.2 The petitioner 

stated that it requests postponement 

because: (1) Commerce has not yet 

received complete responses to its 

initial and supplemental questionnaires 

from the respondents in these 

investigations; and (2) the petitioner has 

identified deficiencies in the responses 

already provided by the respondents 

that must be remedied prior to 

Commerce’s issuance of its preliminary 

determinations.3

For the reasons stated above, and 

because there are no compelling reasons 

to deny the request, Commerce, in 

accordance with section 733(c)(1)(A) of 

the Act and 19 CFR 351.205(e), is 

postponing the deadline for these 

preliminary determinations by 50 days 

(i.e., 190 days after the date on which 

these investigations were initiated). As 

a result, Commerce will issue its 

preliminary determinations no later 

than July 28, 2022. In accordance with 

section 735(a)(1) of the Act and 19 CFR 

351.210(b)(1), the deadline for the final 

determinations in these investigations 

will continue to be 75 days after the 

date of the preliminary determinations, 

unless postponed at a later date. 

Notification to Interested Parties 

This notice is issued and published 

pursuant to section 733(c)(2) of the Act 

and 19 CFR 351.205(f)(1). 

Dated: May 16, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2022–10934 Filed 5–19–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–144] 

Freight Rail Coupler Systems and 

Certain Components Thereof From the 

People’s Republic of China: Final 

Affirmative Countervailing Duty 

Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) 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. 

DATES: Applicable May 20, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Whitley Herndon, 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. 

SUPPLEMENTARY INFORMATION: 

Background 

The petitioner in this investigation is 

the Coalition of Freight Coupler 

Producers. In addition to the 

Government of China, the mandatory 

respondent in this investigation is 

Chongqing Tongyao Transportation 

Equipment Co. (Chongqing Tongyao). 

On March 7, 2022, Commerce 

published in the Federal Register the 

Preliminary Determination of this 

investigation.1 The deadline for the final 

determination of this investigation is 

May 16, 2022. 

On April 11, 2022, we issued a postpreliminary decision memorandum 

addressing a scope issue raised in the 

context of this and the companion lessthan-fair-value (LTFV) investigations, in 

which we preliminarily found that it 

was unnecessary to alter the scope 

stated in the Initiation Notice.2 We 

received case briefs addressing this 

preliminary scope decision from two 

importers of subject merchandise, Strato 

Inc. (Strato) and Wabtec Corporation 

(Wabtec), on April 18, 2022,3 and 

rebuttal comments from the petitioner 

on April 22, 2022.4

We received no comments or case 

briefs addressing any of the other 

findings in the Preliminary 

Determination; therefore, there is no 

unpublished Issues and Decision 

Memorandum accompanying this 

notice. 

Period of Investigation 

The period of investigation is January 

1, 2020, through December 31, 2020. 

Scope of the Investigation 

The products covered by this 

investigation are freight rail coupler 

systems and certain components from 

China. For a complete description of the 

scope of this investigation, see the 

appendix. 

Scope Comments 

In Commerce’s Preliminary 

Determination,5 we set aside a period of 

time for parties to raise issues regarding 

product coverage (i.e., scope) in scope 

case briefs or other written comments 

on scope issues. As noted above, the 

petitioner and two interested parties, 

Strato and Wabtec, commented on the 

scope of the investigation as it appeared 

in the Initiation Notice,6 and PostPreliminary Scope Decision 

Memorandum. For a summary of the 

product coverage comments and 


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30870 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Notices 

7The deadline for Commerce’s final 

determination in the companion LTFV investigation 

of freight rail coupler systems and certain 

components from China is May 23, 2022. 

8See Preliminary Determination PDM at 5–16. 

9 Id. 

10See Preliminary Determination, 87 FR at 12663. 

11 Id., 87 FR at 12662–63. 

rebuttal comments, and an analysis of 

all comments received, see the final 

scope memorandum, which will be 

issued prior to, or in conjunction with, 

the final determination in the 

companion LTFV investigation from 

China.7 For the reasons discussed in the 

final scope memorandum, Commerce is 

not modifying the scope language as it 

appeared in the Initiation Notice. See 

the final ‘‘Scope of the Investigation’’ in 

the appendix to this notice. 

Analysis of Subsidy Programs— 

Adverse Facts Available (AFA) 

For purposes of this final 

determination, we relied solely on facts 

available pursuant to section 776 of the 

Tariff Act of 1930, as amended (the Act), 

because neither the Government of 

China nor the selected mandatory 

respondent, Chongqing Tongyao, 

participated in this investigation. 

Furthermore, as stated in our 

Preliminary Determination, CRRC 

Corporation Limited, CRRC Qiqihar Co., 

Ltd., China Railway Materials Group 

Co., Ltd., Shaanxi Haiduo Railway 

Technology Development Co., Ltd., 

China Railway Materials Group Co., 

Ltd., and Shaanxi Haiduo Railway 

Technology Development Co., Ltd. 

(collectively, non-participating 

companies) also withheld necessary 

information that was requested of them 

by Commerce, failed to provide 

information within the deadlines 

established, and significantly impeded 

this proceeding by failing to respond to 

Commerce’s quantity and value 

questionnaires. Therefore, because the 

mandatory respondent, the nonparticipating companies, and the 

Government of China did not cooperate 

to the best of their abilities in 

responding to our requests for 

information in this investigation, we 

drew adverse inferences in selecting 

from among the facts otherwise 

available, in accordance with sections 

776(a)–(b) of the Act. Consistent with 

the Preliminary Determination,8 we 

continue to apply AFA to determine the 

appropriate subsidy rates for this 

investigation. No interested party 

submitted comments on the subsidy 

rates selected in the Preliminary 

Determination. Thus, we made no 

changes to the subsidy rates for the final 

determination. A detailed discussion of 

our application of AFA is provided in 

the Preliminary Determination.9

All-Others Rate 

As discussed in the Preliminary 

Determination, Commerce based the 

selection of the all-others rate on the 

countervailable subsidy rate established 

for the mandatory respondent, in 

accordance with section 703(d) of the 

Act.10 Consistent with section 

705(c)(5)(A)(ii) of the Act, we made no 

changes to the selection of the all-others 

rate for this final determination. 

Final Determination 

Commerce 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 

Disclosure 

The subsidy rate calculations in the 

Preliminary Determination were based 

on AFA.11 As noted above, there are no 

changes to the calculations for this final 

determination. Thus, no additional 

disclosure is necessary. 

Continuation of Suspension of 

Liquidation 

In accordance with section 

705(c)(4)(A) of the Act, Commerce 

intends to instruct U.S. U.S. Customs 

and Border Protection (CBP) to continue 

to suspend the liquidation of all 

appropriate entries of subject 

merchandise, as described in the 

appendix of this notice, entered, or 

withdrawn from warehouse, for 

consumption on or after March 7, 2022, 

which is the date of publication of the 

affirmative Preliminary Determination 

in the Federal Register, at the cash 

deposit rates indicated above. These 

suspension of liquidation instructions 

will remain in effect until further notice. 

If the U.S. International Trade 

Commission (ITC) issues a final 

affirmative injury determination, we 

intend to issue a countervailing duty 

order, continue to require a cash deposit 

of estimated countervailing duties for 

such entries of subject merchandise in 

the amounts indicated above, in 

accordance with section 706(a) of the 

Act. If the ITC determines that material 

injury, or threat of material injury, does 

not exist, this proceeding will be 

terminated, and all estimated duties 

deposited as a result of the suspension 

of liquidation will be refunded or 

canceled. 

ITC Notification 

In accordance with section 705(d) of 

the Act, we intend to notify the ITC of 

our final affirmative determination that 

countervailable subsidies are being 

provided to producers and exporters of 

freight rail couplers from China. 

Because the final determination in this 

proceeding is affirmative, in accordance 

with section 705(b) of the Act, the ITC 

will make its final determination as to 

whether the domestic industry in the 

United States is materially injured, or 

threatened with material injury, by 

reason of imports of freight rail couplers 

from China no later than 45 days after 

our final determination. 

If the ITC determines that material 

injury or threat of material injury does 

not exist, this proceeding will be 

terminated and all cash deposits will be 

refunded or canceled, as Commerce 

determines to be appropriate. If the ITC 

determines that such injury does exist, 

Commerce intends to issue a 

countervailing duty order directing CBP 

to assess, upon further instruction by 

Commerce, countervailing duties on all 

imports of the subject merchandise that 

are entered, or withdrawn from 

warehouse, for consumption on or after 

the effective date of the suspension of 

liquidation, as discussed above in the 

‘‘Continuation of Suspension of 

Liquidation’’ section. 

Notification Regarding Administrative 

Protective Order (APO) 

In the event that the ITC issues a final 

negative injury determination, this 

notice will serve as the only reminder 

to parties subject to an APO of their 

responsibility concerning the 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). 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 

This determination is issued and 

published pursuant to sections 705(d) 

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

351.210(c). 


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Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Notices 30871 

1See Barium Chloride from India: Initiation of 

Less-Than-Fair-Value Investigation, 87 FR 7100 

(February 8, 2022). 

2The petitioner is Chemical Products 

Corporation. 

3See Petitioner’s Letter, ‘‘Antidumping 

Investigation of Barium Chloride from India: 

Petitioner’s Request for Extension of Preliminary 

Determination,’’ dated April 22, 2022. 

4 Id. 

Dated: May 16, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

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 

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. 

[FR Doc. 2022–10933 Filed 5–19–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–533–908] 

Barium Chloride From India: 

Postponement of Preliminary 

Determination in the Less-Than-FairValue Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable May 20, 2022. 

FOR FURTHER INFORMATION CONTACT: Fred 

Baker, AD/CVD Operations, Office VI, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–2924. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 1, 2022, the U.S. 

Department of Commerce (Commerce) 

initiated a less-than-fair-value 

investigation of imports of barium 

chloride from India.1 Currently the 

preliminary determination is due no 

later than June 21, 2022. 

Postponement of Preliminary 

Determination 

Section 733(b)(1)(A) of the Tariff Act 

of 1930 (as amended) (the Act) requires 

Commerce to issue the preliminary 

determination in an LTFV investigation 

within 140 days after the date on which 

Commerce initiated the investigation. 

However, section 733(c)(1) of the Act 

permits Commerce to postpone the 

preliminary determination until no later 

than 190 days after the date on which 

Commerce initiated the investigation if: 

(A) The petitioner makes a timely 

request for a postponement; or (B) 

Commerce concludes that the parties 

concerned are cooperating, that the 

investigation is extraordinarily 

complicated, and that additional time is 

necessary to make a preliminary 

determination. Under 19 CFR 

351.205(e), the petitioner must submit a 

request for postponement 25 days or 

more before the scheduled date of the 

preliminary determination and must 

state the reasons for the request. 

Commerce will grant the request unless 

it finds compelling reasons to deny the 

request. 

On April 22, 2022, the petitioner 2

submitted a timely request that 

Commerce postpone the preliminary 

determination in this LTFV 

investigation.3 The petitioner stated that 

it requests postponement because 

Commerce is still collecting information 

from the respondent, and the petitioner 

will need additional time to review the 

responses and prepare comments for 

Commerce’s consideration.4

For the reasons stated above and 

because there are no compelling reasons 

to deny the request, Commerce, in 

accordance with section 733(c)(1)(A) of 

the Act, is postponing the deadline for 

the preliminary determination by 50 

days (i.e., 190 days after the date on 

which the investigation was initiated). 

As a result, Commerce will issue its 

preliminary determination no later than 

August 10, 2022. In accordance with 

section 735(a)(1) of the Act and 19 CFR 

351.201(b)(1), the deadline for the final 

determination of this investigation will 

continue to be 75 days after the date of 

the preliminary determination, unless 

postponed at a later date. 

Notification to Interested Parties 

This notice is issued and published 

pursuant to section 733(c)(2) of the Act 

and 19 CFR 351.205(f)(1). 

Dated: May 16, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2022–10932 Filed 5–19–22; 8:45 am] 

BILLING CODE 3510–DS–P 


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