China Freight Rail Couplers: Details of AD/CVD Orders
The Commerce Department is issuing antidumping and countervailing duty orders on freight rail couplers from China (A-570-145/C-570-146). The orders, set for publication July 14, set permanent antidumping and countervailing duties, which will remain in place unless revoked by Commerce in a sunset or changed circumstances review. Commerce will now begin conducting annual administrative reviews, if requested, to determine final assessments of AD/CVD on importers and make changes to cash deposit rates.
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The order details a six-day “gap period” of no CVD liability for subject merchandise entered July 1-6, 2023. Commerce may only suspend liquidation for a four-month period after its preliminary CVD determination, issued June 25, 2021, without an International Trade Commission final affirmative injury determination in place. Commerce will order CBP to liquidate, without regard to CVD, any entries during the gap period. CVD suspension of liquidation and cash deposit requirements resume July 7, the date that the final ITC affirmative injury determination was published.
The provisional measures period did not expire for the AD investigation, so suspension of liquidation and cash deposit requirements remain in place and there is no gap period. Subject merchandise entered during the CVD gap period will only be assessed AD.
Cash Deposits Refunded for Retroactive AD/CVD
The ITC reversed Commerce's finding of “critical circumstances” and retroactive suspension of liquidation in both the AD and CVD investigations. As a result, Commerce will refund all cash deposits collected in connection with the CVD investigation before March 3, 2023, and all cash deposits collected in the AD investigation for entries before March 13, 2023.
CV Cash Deposit Instructions
Commerce will require importers to pay CVD cash deposits for all entries at the following rates:
| Company | CVD Rate |
|---|---|
| Chongqing Changzheng Heavy Industry Co., Ltd. | 265.99% |
| Chongqing Tongyao Transportation Equipment Co. | 265.99% |
| CRRC Qiqihar Co., Ltd. | 265.99% |
| NanJing Zhongsheng Rolling Stock Components Co. Ltd. | 265.99% |
| Ningbo Minghui Metal Technology Co., Ltd. | 265.99% |
| Qingdao Lianshan Casting Co., Ltd. | 265.99% |
| Qingdao Sanheshan Precision Casting Co., Ltd. | 265.99% |
| Shaanxi Haiduo Railway Technology Development Co., Ltd. | 265.99% |
| Shanghai Voith Xiagujin Chuang Coupler Technology Co., Ltd. | 265.99% |
| All other companies | 265.99% |
AD Cash Deposit Instructions
An AD cash deposit requirement is also in effect for subject merchandise equal to the rates listed below:
| Exporter/Producer | AD Rate | Adjusted* |
|---|---|---|
| China-Wide Entity | 169.9% | 139.49% |
*As adjusted for export subsidies found in the CVD investigation. This rate now serves as the AD cash deposit rate.
(See the notice for additional details, including the full scope description, etc. See 2305260049 for a summary of the final AD determination, and 2305190071 for a summary of the final CVD determination.)