On September 28, 2022, the Coalition of Freight Coupler Producers (“CFCP” or “Petitioner”), filed a petition for the imposition of antidumping duties pursuant to section 731 of the tariff act of 1930 on imports of Certain Freight Rail Couplers and Parts Thereof from the People’s Republic of China and the United Mexican States and for the imposition of countervailing duties pursuant to section 701 of the tariff act of 1930 on imports of Certain Freight Rail Couplers and Parts Thereof from the People’s Republic of China.
SCOPE OF THE INVESTIGATION
The scope of this investigation 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 covered by the investigation include: (1) E coupler bodies; (2) E/F coupler bodies; (3) F coupler bodies; (4) E knuckles; (5) F knuckles; as set forth by the Association of American Railroads (AAR). The freight rail coupler parts are included within the scope of the investigation when imported individually. 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 nonsubject merchandise, such as other nonsubject 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 nonsubject 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 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” 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 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 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 9803.00.5000 if imported as an Instrument of International Traffic. Subject merchandise may also be imported under HTSUS statistical reporting number 7325.99.50. These HTSUS subheadings are provided for convenience and customs purposes only; the written description of the scope of the investigation is dispositive.
McConway and Torley, LLC
109 48th Street
Pittsburgh, PA 15201
Phone: (412) 682-4700
Fax: (412) 682-4725
Contact Person: Scott Mautino
Contact: Scott Mautino
United Steel, Paper and Forestry, Rubber, Manufacutring Energy, Allied Industrial and Service Workers and Service Workers International Union (USW)
60 Boulevard of the Allies
Pittsburgh PA 15222
Contact: Roy Houseman
COUNSEL FOR PETITIONERS
Daniel B. Pickard, Esq.
Milton I. Koch, CPA
Amanda L. Wetzel, Esq.
Mert E. Arkan, Esq.
David B. Sessions, Esq.
Claytons S. Kaier, Analyst
BUCHANAN INGERSOLL & ROONEY PC
1700 K Street N.W., Suite 300
Washington D.C. 20006-3807
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 28, 2022|
|DOC Initiation||October 25, 2022|
|ITC Preliminary Investigation:|
|Questionnaires Due||October 12, 2022|
|Request to appear at hearing||October 17, 2022|
|Hearing||October 19, 2022|
|Briefs||October 24, 2022|
|ITC Vote||November 12, 2022|
|DOC Investigation Schedule:|
|DOC Preliminary Antidumping Determination||March 7, 2023|
|DOC Final Antidumping Determination||May 21, 2023|
|ITC Final Investigation:|
|ITC Final AD Determination||July 5, 2023|
CONTACT US For more information concerning this petition and how it may affect your business, please contact Jeffrey Neeley, Nithya Nagarajan, or Stephen Brophy.