On September 29, 2021, the Coalition of Freight Coupler Producers (“Petitioners”), filed a petition for the imposition of antidumping and countervailing duties on imports of certain freight rail coupler systems and components thereof from the People’s Republic of China.
SCOPE OF THE INVESTIGATION
The physical characteristics of the covered products, which define the scope, are as follows:
The scope of this investigation covers certain freight rail car coupler systems and components thereof. Subject freight rail car coupler systems are composed of knuckles, coupler bodies, coupler yokes, and follower blocks. Subject coupler systems and components are included within the scope whether finished or unfinished, whether assembled fully or partially or unassembled, whether mounted or unmounted, or if joined with nonsubject merchandise, such as other non-subject system parts or a completed rail car. Only the subject coupler system and components are subject to duties if imported with or mounted with other nonsubject merchandise. Subject freight rail coupler components imported individually independent from a coupler system are also included within the scope of the investigation.
A coupler system (also known as a “coupling”) is the mechanism used to connect freight rail cars together. The knuckles function as interlocking parts of the couplers that close automatically due to the force of the freight rail cars coming together. The coupler yoke functions as the pocket for the draft gear that connect couplers to the freight car. The follower block is a rectangularly shaped block of steel that is interposed between the back end of the coupler and the front working end of the draft gear.
The products covered by the scope of this investigation, when imported into the United States, meet, intend to meet, or exceed the Association of American Railroads (“AAR”) specifications of M211, “Foundry and Product Approval Requirements for the Manufacture of Couplers, Coupler Yokes, Knuckles, Follower Blocks, and Coupler Parts” and/or AAR M215 “Coupling Systems,” or other equivalent domestic or international standards (including any revisions to the standard(s)). Subject merchandise include: (1) E and E/F couplers; (2) F couplers; (3) E yokes; (4) F yokes; (5) E and F knuckles; and (6) and E and F type follower blocks. The inclusion, attachment, joining, or assembly of non-subject components with subject components or systems does not remove the subject components or systems from the scope.
The country of origin for subject coupler systems and components, whether fully assembled, unfinished, semi-finished, or finished, or attached to a rail car, is the country where the subject coupler components were cast and/or forged. Subject merchandise includes coupler components as defined above that have been further processed or further assembled, creating a more complex assembly in a third country, including those coupler components attached to a rail car in third countries. Only the value of the subject merchandise if entered attached to other non-subject products including the rail car will be subject to duties.
The couplers that are the subject of this investigation are currently classifiable in the Harmonized Tariff Schedule of the United States (“HTSUS”) statistical reporting numbers 8607.30.1000. Subject merchandise attached to finished rail cars may also enter under HTSUS heading 8606 or under subheading 980300 if imported as an Instrument of International Traffic. These HTSUS provisions are given for reference and customs purposes only, and the description of merchandise is dispositive.
Amsted Rail Company, Inc.
311 S. Wacker, Suite 5300
Chicago, IL 60606
Contact Person: Michael J. Krautner
McConway and Torley, LLC
109 48th Street
Pittsburgh, PA 15201
Phone: (412) 682-4700
Fax: (412) 682-4725
Contact Person: Scott Mautino
COUNSEL FOR PETITIONERS
Daniel B. Pickard
WILEY REIN LLP
1776 K Street, NW
Washington, DC 20006
For a list of foreign producers/exporters alleged by Petitioner, please see Attachment I .
For a list of importers alleged by Petitioner, please see Attachment II .
|Petition Filed||September 29, 2021|
|DOC Initiation||October 19, 2021|
|ITC Preliminary Investigation:|
|Questionnaires Due||October 13, 2021|
|Request to appear at hearing||October 18, 2021|
|Hearing||October 20, 2021|
|Briefs||October 25, 2021|
|ITC Vote||November 15, 2021|
|DOC Investigation Schedule:|
|DOC Preliminary Antidumping Determination||March 8, 2022|
|DOC Preliminary Countervailing Determination||December 23, 2021|
|DOC Final Antidumping Determination||May 23, 2022|
|DOC Final Countervailing Determination||March 8, 2022|
|ITC Final Investigation:|
|ITC Final AD Determination||July 6, 2022|
|ITC Final CVD Determination||April 22, 2022|
ALLEGED DUMPING MARGINS
China: 142.98% – 147.11%
For a list of alleged countervailing duty programs, please see Attachment III .