A new application for anti-dumping (“AD”) and countervailing (“CVD”) duties was filed on September 29 by the Coalition of Freight Coupler Producers against imports of rail freight coupling systems and their components from the United States. People’s Republic of China.
The goods covered by this petition relate to rail freight couplers (“FRC”) used to connect freight wagons together. A rail coupling is a metal structure used to connect train cars. The hitch system resembles a curved human hand and holds the cars together to eliminate the dangerous task of a railroad worker standing between the cars in order to join them together. Each train car usually has two couplers – one at the front and one at the rear. The train coupler connects cars to each other and absorbs shocks when braking. The attached hand device automatically joins or couples when one or both of the joints are opened and the cars are pushed together. On impact, the rocket flies off in the closed position and a latch falls into place, securing the coupling. For a full description of the scope of the petition, please see the Scope section below.
The petition includes AD (below fair value) and CVD (unfair subsidy) allegations against China. The Department of Commerce (“DOC”) and the International Trade Commission (“ITC”) will conduct the investigations. Within the next 45 days, the ITC will determine whether there is a reasonable indication that the imports are causing injury to the US industry. If the ITC finds that this standard is met, then the cases will be referred to the DOC, which will calculate the preliminary margins of the anti-dumping and countervailing duties.
DOC’s preliminary determinations are currently scheduled for December 23, 2021 (CVD) and March 8, 2022 (AD), which are the dates on which importers will be required to file calculated duties upon entry of products into the U.S. market. .
Strict legal deadlines are associated with these procedures and the companies concerned are urged to prepare as soon as possible. If you are interested in this product, please let us know so that we can provide additional information as it becomes available.
Here are the main facts about this business case:
The petitioners: Coalition of Cargo Coupler Producers (“CPR”). CPR is made up of Amsted Rail Company, Inc. and McConway & Torley LLC.
Foreign producers / exporters and US importers: Please contact us for a list of the individual companies named in the petition.
AD / CVD margins: The applicants alleged the following AD / CVD margins:
- China: calculated dumping margins ranging from 142.98% to 147.11%, ad valorem, and a higher countervailing duty margin de minimis.
Goods covered by the scope of the case:
The scope of this investigation covers certain freight wagon coupling systems and their components. The freight wagon coupling systems in question consist of joints, coupling bodies, coupling yokes and follower blocks. The coupling systems and components in question are included in the scope, whether they are finished or not, whether they are fully or partially assembled or not assembled, whether they are assembled or not assembled, or whether they are assembled or not. they are attached to non-subject goods, such as other non-subject system parts or a completed railcar. Only the coupling system and components in issue are subject to duty if imported or fitted with other non-subject goods. Subject freight rail coupler components imported individually independently of a coupler system are also included in the scope of the investigation.
A coupling system (also known as a “coupling”) is the mechanism used to connect freight cars together. The joints function as locking parts of the couplers that close automatically due to the force of the freight cars coming together. The coupler yoke serves as a pocket for the traction train that connects the couplers to the freight car. The follower block is a rectangular shaped block of steel that is interposed between the rear end of the coupler and the front working end of the traction 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 national or international standards (including any revision of the standards). The subject merchandise includes: (1) E and E / F couplers; (2) F couplers; (3) E yokes; (4) F yokes; (5) E and F joins; and (6) type E and F follower blocks. The inclusion, attachment, assembly 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 of the subject coupling systems and components, whether fully assembled, unfinished, semi-finished or finished, or attached to a wagon, is the country where the subject coupling components were cast and / or forged. The good in issue comprises coupling components as defined above which have been subsequently transformed or assembled, creating a more complex assembly in a third country, including coupling components attached to a wagon in third countries. Only the value of the good in issue if listed together with other non-issue products, including the railcar, will be subject to duty.
The couplers that are the subject of this investigation are currently classified in the Harmonized Tariff Schedule of the United States (“HTSUS”), statistical declaration numbers 8607.30.1000. Subject goods attached to finished railcars may also enter under HTSUS 8606 or under subheading 980300 if imported as an instrument of international traffic. These HTSUS provisions are given for guidance and customs purposes only, and the description of the goods is decisive in determining the scope of the product included in this petition.