Initiation of Antidumping Duty and Countervailing Duty Investigations of Freight Rail Coupler Systems and Certain Components Thereof from the People's Republic of China
On October 20, 2021, the Department of Commerce (Commerce) announced the initiation of antidumping duty (AD) and countervailing duty (CVD) investigations of freight rail coupler systems and certain components thereof from the People’s Republic of China
Alleged Dumping Rates
| Country | Dumping Margin |
|---|---|
| China | 142.98 and 147.11 percent |
Alleged Subsidy Rates
| Country | Subsidy Rate |
|---|---|
| China | Above de minimis |
de minimis = less than 1% for developed countries, less that 2% for developing countries
| Event | AD Investigation(s) | CVD Investigation(s) |
|---|---|---|
| Petition(s) Filed | September 29, 2021 | September 29, 2021 |
| DOC Initiation(s) Date | October 19, 2021 | October 19, 2021 |
| ITC Preliminary Determination(s) [1] | November 15, 2021 | November 15, 2021 |
| DOC Preliminary Determination(s) | March 8, 2022 | December 23, 2021 |
| DOC Final Determination(s) | May 23, 2022 | March 8, 2022 |
| ITC Final Determination(s) [2] | July 7, 2022 | April 22, 2022 |
| Issuance of Order(s) [3] | July 14, 2022 | April 29, 2022 |
Note: Commerce’s preliminary and final determination deadlines are governed by statute. For CVD investigations, the deadlines are set forth in sections 703(b) and 705(a)(1) of the Tariff Act of 1930, as amended (the Act). For AD investigations, the deadlines are set forth in sections 733(b) and 735(a) of the Act. These deadlines may be extended under certain circumstances.
[1] If the International Trade Commission (ITC) makes negative preliminary determinations of injury, the investigations are terminated.
[2]This will take place only in the event of final affirmative determinations from Commerce.
[3]This will take place only in the event of final affirmative determinations from Commerce and the ITC.
| Country | Volume/Value | 2018 | 2019 | 2020 |
|---|---|---|---|---|
| China | Volume (KG) | N/A | 22,711,847 | 11,924,947 |
| Value (USD) | $43,317,347 | $54,731,943 | $27,949,072 |
Source: U.S. Census Bureau, accessed through Global Trade Atlas (Harmonized Tariff Schedule of the United States (HTSUS) subheading 8607.30.1000). The table above includes only import value data for 2018 because volume data were reported using differing units of measure. Imports of freight rail coupler systems and certain components thereof enter under an HTSUS subheading that covers subject and non-subject merchandise. In addition, unfinished merchandise or merchandise that is imported attached to finished rail cars may enter under other HTSUS subheadings. Therefore, publicly available import data may not accurately reflect actual imports of the freight rail coupler systems and certain components covered by the proposed scope of the investigations. The petitioner estimated the 2019 import quantity of freight rail coupler systems and certain components thereof at 888,888 units.
The petitioner is the Coalition of Freight Coupler Producers, the members of which are McConway and 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 (the USW) (Washington, DC).
For general information and next steps, please refer to a list of initiation FAQs.
Additional case information including the scope of the investigation are on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). Once you log in, please refer to case numbers: A-570-143 and C-570-144 for the AD and CVD cases, respectively.
Commerce currently maintains 633 AD and CVD orders which provide relief to American companies and industries impacted by unfair trade.
In the China CVD investigation, there are 36 alleged subsidy programs, including numerous tax and grant programs, the provision of numerous goods and services for less than adequate remuneration, preferential lending and financing, capital injections, currency undervaluation, and a price support program alleged for more than adequate remuneration. For more information on these subsidy programs, please refer to the subsidies enforcement library.