53-Foot Domestic Dry Containers From the People's Republic of China: Initiation of Countervailing Duty Investigation |
|---|
|
Ronald K. Lorentzen
Department of Commerce
May 19, 2014
[Federal Register Volume 79, Number 96 (Monday, May 19, 2014)]
[Notices]
[Pages 28679-28683]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11527]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-015]
53-Foot Domestic Dry Containers From the People's Republic of
China: Initiation of Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 19, 2014.
FOR FURTHER INFORMATION CONTACT: Ilissa Kabak Shefferman at (202) 482-
4684 or Angelica Mendoza at (202) 482-3019, AD/CVD Operations, Office
VI, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petition
On April 23, 2014, the Department of Commerce (the Department)
received a countervailing duty (CVD) petition concerning imports of 53-
foot domestic dry containers from the People's Republic of China
(domestic dry containers from the PRC), filed in proper form, on behalf
of Stoughton Trailers, LLC (Petitioner).\1\ The CVD Petition was
accompanied by an antidumping duty (AD) petition with respect to the
PRC.\2\ Petitioner is U.S. producer of 53-foot domestic dry containers.
On April 25, 2014, the Department requested information and
clarification for certain portions of the CVD Petition.\3\ On April 25,
2014, the Department requested information and clarification for
certain general portions of the AD and CVD Petitions.\4\ Petitioner
filed its response to these requests on April 30, 2014.\5\
---------------------------------------------------------------------------
\1\ See Petition for the Imposition of Antidumping and
Countervailing Duties: 53-Foot Domestic Dry Containers from the
People's Republic of China, dated April 23, 2014 (CVD Petition or
Petition).
\2\ See Petition for the Imposition of Antidumping and
Countervailing Duties: 53-Foot Domestic Dry Containers from the
People's Republic of China, dated April 23, 2014 (AD Petition).
\3\ See Letter to Petitioner from Angelica Mendoza, dated April
25, 2014 (CVD Supplemental Questions).
\4\ See Letter to Petitioner from Angelica Mendoza, dated April
25, 2014 (General Issues Supplemental Questions).
\5\ See Response to CVD Supplemental Questions, dated April 30,
2014 (CVD Supplemental Response) (See Supplement to Volumes I and
II).
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), Petitioner alleges that the Government of the
People's Republic of China (the GOC) is providing countervailable
subsidies (within the meaning of sections 701 and 771(5) of the Act)
with respect to imports of domestic dry containers, and that such
imports are materially retarding the establishment of an industry in
the United States, or that such an industry is materially injured or
threatened with material injury by reason of such imports. The
Department finds that Petitioner filed the Petition on behalf of the
domestic industry because Petitioner is an interested party as defined
in section 771(9)(C) of the Act, and that Petitioner demonstrated
sufficient industry support with respect to the initiation of the
investigation Petitioner is requesting.\6\
---------------------------------------------------------------------------
\6\ See ``Determination of Industry Support for the Petition,''
below.
---------------------------------------------------------------------------
Period of Investigation
The period of investigation (POI) is January 1, 2013, through
December 31, 2013.
Scope of Investigation
The products covered by this investigation are 53-foot domestic dry
containers from the PRC. For a full description of the scope of this
investigation, see ``Scope of Investigation'' at the Appendix of this
notice.
Comments on Scope of Investigation
During our review of the Petition, the Department issued questions
to, and received responses from, Petitioners pertaining to the proposed
scope in order to ensure that the scope language
[[Page 28680]]
in the Petition would be an accurate reflection of the products for
which the domestic industry is seeking relief.\7\ As discussed in the
Preamble to the regulations,\8\ we are setting aside a period for
interested parties to raise issues regarding product coverage. The
period of scope comments is intended to provide the Department with
ample opportunity to consider all comments and to consult with parties
prior to the issuance of the preliminary determinations. All comments
must be filed by 5:00 p.m. Eastern Daylight Time (EDT) on June 2, 2014,
which is 20 calendar days from the signature date of this notice. Any
rebuttal comments must be filed by 5:00 p.m. EDT on June 9, 2014. All
such comments must be filed on the records of the CVD investigation, as
well as the concurrent AD investigation.
---------------------------------------------------------------------------
\7\ See General Issues Supplemental Questions.
\8\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997).
---------------------------------------------------------------------------
Filing Requirements
All submissions to the Department must be filed electronically
using Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (IA ACCESS).\9\ An electronically
filed document must be received successfully in its entirety by the
time and date noted above. Documents excepted from the electronic
submission requirements must be filed manually (i.e., in paper form)
with Enforcement and Compliance's APO/Dockets Unit, Room 1870,
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230, and stamped with the date and time of receipt by
the established deadline.\10\
---------------------------------------------------------------------------
\9\ For general filing requirements, see 19 CFR 351.303.
\10\ See 19 CFR 351.303(b). For details regarding the
Department's electronic filing requirements, see Antidumping and
Countervailing Duty Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR 39263 (July 6,
2011). Information regarding IA ACCESS assistance can be found at
https://iaaccess.trade.gov/help.aspx, and a handbook can be found at
https://iaaccess.trade.gov/help/Handbook%20on%20Electronic
%20Filling%20Procedures.pdf.
---------------------------------------------------------------------------
Consultations
Pursuant to section 702(b)(4)(A)(ii) of the Act, the Department
invited representatives of the GOC for consultations with respect to
the Petition.\11\ Consultations were held with the GOC on May 8,
2014.\12\
---------------------------------------------------------------------------
\11\ See Letter of Invitation Regarding Countervailing Duty
Petition on 53-Foot Dry Domestic Containers from the People's
Republic of China, dated April 24, 2014.
\12\ See Consultations with the Government of the PRC Ex Parte
Memorandum, dated May 12, 2014 (Consultations Memorandum).
---------------------------------------------------------------------------
Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, the Department
shall: (i) Poll the industry or rely on other information in order to
determine if there is support for the petition, as required by
subparagraph (A); or (ii) determine industry support using a
statistically valid sampling method to poll the industry.
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs the Department to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both the Department and
the ITC must apply the same statutory definition regarding the domestic
like product (see section 771(10) of the Act), they do so for different
purposes and pursuant to a separate and distinct authority. In
addition, the Department's determination is subject to limitations of
time and information. Although this may result in different definitions
of the like product, such differences do not render the decision of
either agency contrary to law.\13\
---------------------------------------------------------------------------
\13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
Petition).
With regard to the domestic like product, Petitioner does not offer
a definition of the domestic like product distinct from the scope of
the investigation. Based on our analysis of the information submitted
on the record, we have determined that domestic dry containers
constitute a single domestic like product and we have analyzed industry
support in terms of that domestic like product.\14\
---------------------------------------------------------------------------
\14\ For a discussion of the domestic like product analysis in
this case, see Countervailing Duty Investigation Initiation
Checklist: 53-Foot Domestic Dry Containers from the People's
Republic of China (PRC CVD Initiation Checklist) at Attachment II,
Analysis of Industry Support for the Petitions Covering 53-Foot
Domestic Dry Containers from the People's Republic of China
(Attachment II). This checklist is dated concurrently with this
notice and on file electronically via IA ACCESS. Access to documents
filed via IA ACCESS is also available in the Central Records Unit
(CRU), Room 7046 of the main Department of Commerce building.
---------------------------------------------------------------------------
In determining whether Petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in Appendix I of this
notice. To establish industry support, Petitioner provided its own
production of the domestic like product in 2013.\15\ Petitioner states
that there are no other known producers of domestic dry containers in
the United States; therefore, the Petition is supported by 100 percent
of the U.S. industry.\16\
---------------------------------------------------------------------------
\15\ See Volume I of the Petition, at 3; see also General Issues
Supplement, at 2.
\16\ See Volume I of the Petition, at 3.
---------------------------------------------------------------------------
Our review of the data provided in the Petition and other
information readily available to the Department indicates that
Petitioner has established industry support.\17\ First, the Petition
established support from domestic producers (or workers) accounting for
more than 50 percent of the total production of the domestic like
product and, as such, the Department is not required to take further
action in order to evaluate industry support (e.g., polling).\18\
Second, the domestic producers (or workers) have met the statutory
criteria
[[Page 28681]]
for industry support under section 702(c)(4)(A)(i) of the Act because
the domestic producers (or workers) who support the Petition account
for at least 25 percent of the total production of the domestic like
product.\19\ Finally, the domestic producers (or workers) have met the
statutory criteria for industry support under section 702(c)(4)(A)(ii)
of the Act because the domestic producers (or workers) who support the
Petition account for more than 50 percent of the production of the
domestic like product produced by that portion of the industry
expressing support for, or opposition to, the Petition.\20\
Accordingly, the Department determines that the Petition was filed on
behalf of the domestic industry within the meaning of section 702(b)(1)
of the Act.
---------------------------------------------------------------------------
\17\ See PRC CVD Checklist, at Attachment II.
\18\ See section 702(c)(4)(D) of the Act; see also PRC CVD
Checklist, at Attachment II.
\19\ See PRC CVD Checklist, at Attachment II.
\20\ Id.
---------------------------------------------------------------------------
The Department finds that Petitioner filed the Petition on behalf
of the domestic industry because it is an interested party as defined
in section 771(9)(C) of the Act and it has demonstrated sufficient
industry support with respect to the CVD investigation that it is
requesting the Department initiate.\21\
---------------------------------------------------------------------------
\21\ Id.
---------------------------------------------------------------------------
Injury Test
Because the PRC is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from the PRC materially
retard the establishment of a U.S. industry, or materially injure, or
threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Retardation, Material Injury and
Causation
Section 703(a)(1)(B) of the Act states that the ITC ``shall
determine . . . whether there is a reasonable indication that the
establishment of an industry in the United States is materially
retarded by reason of imports of the subject merchandise.'' Petitioner
alleges that imports of subject merchandise are benefitting from
countervailable subsidies and that such imports are materially
retarding the establishment of the U.S. industry producing domestic dry
containers. Petitioner argues that despite its demonstrated substantial
commitment to commence production, U.S. production has not stabilized,
and, therefore, the U.S. industry producing domestic dry containers has
not been established.\22\ To support its argument, Petitioner examines
the five factors considered by the ITC to determine if an industry is
established,\23\ as set forth in the ITC's AD/CVD Handbook.\24\ If the
ITC determines that an industry is not established, it then considers
whether the performance of the industry reflects normal start-up
difficulties or whether the imports of the subject merchandise have
materially retarded the establishment of the industry.\25\ Petitioner
contends that the domestic industry has performed substantially worse
than what could reasonably be expected during normal start-up
conditions, thereby demonstrating that the establishment of the
domestic industry has been materially retarded by subject imports.\26\
Petitioner also alleges that, in the alternative, the U.S. industry
producing the domestic like product is being materially injured, or is
threatened with material injury, by reason of the imports of the
subject merchandise benefitting from countervailable subsidies. In
addition, Petitioner alleges that subject imports exceed the
negligibility threshold provided for under section 771(24)(A) of the
Act.\27\
---------------------------------------------------------------------------
\22\ See Volume I of the Petition, at 37-38.
\23\ Id., at 18-20 and 37-38; see also General Issues
Supplement, at 1 and Exhibit SG-1.
\24\ See Antidumping and Countervailing Duty Handbook (13th
Ed.), USITC Pub. 4056 (December 2008) (ITC AD/CVD Handbook), at II-
31.
\25\ Id., at II-31 and II-32.
\26\ See Volume I of the Petition, at 38-39 and Exhibits I-10
and I-11.
\27\ See General Issues Supplement, at 4-5 and Exhibit SG-3.
---------------------------------------------------------------------------
Petitioner contends that the industry's materially retarded, or in
the alternative, injured condition is illustrated by negligible market
share; underselling and price depression or suppression; lost sales and
revenues; adverse impact on production, capacity utilization, and
shipments; decline in employment variables; and decline in financial
performance.\28\ We assessed the allegations and supporting evidence
regarding material retardation, or in the alternative, material injury
or threat of material injury, and causation, and we determined that
these allegations are properly supported by adequate evidence and meet
the statutory requirements for initiation.\29\
---------------------------------------------------------------------------
\28\ See Volume I of the Petition, at 14-20, 25-40 and Exhibits
I-10 through I-15; see also General Issues Supplement, at 2-5 and
Exhibits SG-3 through SG-6.
\29\ See CVD Initiation Checklist, at Attachment III, Analysis
of Allegations and Evidence of Material Retardation, Material Injury
and Causation for the Antidumping and Countervailing Duty Petitions
Covering 53-Foot Domestic Dry Containers from the People's Republic
of China.
---------------------------------------------------------------------------
Initiation of Countervailing Duty Investigation
Section 702(b)(1) of the Act requires the Department to initiate a
CVD investigation whenever an interested party files a CVD petition on
behalf of an industry that: (1) Alleges the elements necessary for an
imposition of a duty under section 701(a) of the Act; and (2) is
accompanied by information reasonably available to the petitioner
supporting the allegations. In the Petition, Petitioner alleges that
producers/exporters of domestic dry containers in the PRC benefited
from countervailable subsidies bestowed by the government. The
Department examined the Petition and finds that it complies with the
requirements of section 702(b)(1) of the Act. Therefore, in accordance
with section 702(b)(1) of the Act, we are initiating a CVD
investigation to determine whether manufacturers, producers, or
exporters of domestic dry containers from the PRC receive
countervailable subsidies from the government.
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation on certain
alleged programs. For a full discussion of the basis for our decision
to initiate or not initiate on each program, see the CVD Initiation
Checklist which accompanies this notice.
A public version of the initiation checklist is available on IA
ACCESS.
Respondent Selection
If respondent selection is necessary in this investigation, we will
provide interested parties with an opportunity to comment on any
information used to select respondents prior to our selection. We will
provide a schedule for comments, to the extent necessary, at a later
date. We intend to make a decision regarding respondent selection
within 20 days of publication of this notice.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petitions has been
provided to the GOC via IA ACCESS. As soon as practicable, we will
attempt to provide a copy of the public version of the Petition to each
known exporter (as named in the Petition), as provided in 19 CFR
351.203(c)(2).
ITC Notification
We notified the ITC of our initiation, as required by section
702(d) of the Act.
[[Page 28682]]
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of domestic dry containers from the PRC are
materially retarding the establishment of a U.S. industry, or whether
such an industry is materially injured or threatened with material
injury by reason of such imports.\30\ A negative ITC determination will
result in the investigation being terminated; otherwise, this
investigation will proceed according to statutory and regulatory time
limits.
---------------------------------------------------------------------------
\30\ See section 703(a) of the Act.
---------------------------------------------------------------------------
Submission of Factual Information
On April 10, 2013, the Department published Definition of Factual
Information and Time Limits for Submission of Factual Information:
Final Rule, 78 FR 21246 (April 10, 2013), which modified two
regulations related to AD and CVD proceedings: The definition of
factual information (19 CFR 351.102(b)(21)), and the time limits for
the submission of factual information (19 CFR 351.301). The final rule
identifies five categories of factual information in 19 CFR
351.102(b)(21), which are summarized as follows: (i) Evidence submitted
in response to questionnaires; (ii) evidence submitted in support of
allegations; (iii) publicly available information to value factors
under 19 CFR 351.408(c) or to measure the adequacy of remuneration
under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the
Department; and (v) evidence other than factual information described
in (i)-(iv). The final rule requires any party, when submitting factual
information, to specify under which subsection of 19 CFR 351.102(b)(21)
the information is being submitted and, if the information is submitted
to rebut, clarify, or correct factual information already on the
record, to provide an explanation identifying the information already
on the record that the factual information seeks to rebut, clarify, or
correct. The final rule also modified 19 CFR 351.301 so that, rather
than providing general time limits, there are specific time limits
based on the type of factual information being submitted. These
modifications are effective for all segments initiated on or after May
10, 2013, and thus are applicable to this investigation. Please review
the final rule, available at http://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in this
investigation.
Revised Extension of Time Limits Regulation
On September 20, 2013, the Department modified its regulation
concerning the extension of time limits for submissions in AD and CVD
proceedings.\31\ The modification clarifies that parties may request an
extension of time limits before a time limit established under Part 351
expires, or as otherwise specified by the Secretary. In general, an
extension request will be considered untimely if it is filed after the
time limit established under Part 351 expires. For submissions which
are due from multiple parties simultaneously, an extension request will
be considered untimely if it is filed after 10:00 a.m. on the due date.
Examples include, but are not limited to: (1) Case and rebuttal briefs,
filed pursuant to 19 CFR 351.309; (2) factual information to value
factors under section 19 CFR 351.408(c), or to measure the adequacy of
remuneration under section 19 CFR 351.511(a)(2), filed pursuant to 19
CFR 351.301(c)(3) and rebuttal, clarification and correction filed
pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments concerning the
selection of a surrogate country and surrogate values and rebuttal; (4)
comments concerning U.S. Customs & Border Protection (CBP) data; and
(5) quantity and value questionnaires. Under certain circumstances, the
Department may elect to specify a different time limit by which
extension requests will be considered untimely for submissions which
are due from multiple parties simultaneously. In such a case, the
Department will inform parties in the letter or memorandum setting
forth the deadline (including a specified time) by which extension
requests must be filed to be considered timely. This modification also
requires that an extension request must be made in a separate, stand-
alone submission, and clarifies the circumstances under which the
Department will grant untimely-filed requests for the extension of time
limits. These modifications are effective for all segments initiated on
or after October 21, 2013. Please review Extension of Time Limits;
Final Rule, available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in this
segment.
---------------------------------------------------------------------------
\31\ See Extension of Time Limits, Final Rule, 78 FR 57790
(September 20, 2013).
---------------------------------------------------------------------------
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\32\
Parties are hereby reminded that the Department issued a final rule
with respect to certification requirements, effective August 16, 2013.
Parties are hereby reminded that revised certification requirements are
in effect for company/government officials as well as their
representatives. All segments of any AD or CVD proceedings initiated on
or after August 16, 2013, including this investigation, should use the
formats for the revised certifications provided at the end of the Final
Rule.\33\ The Department intends to reject factual submissions if the
submitting party does not comply with the applicable revised
certification requirements.
---------------------------------------------------------------------------
\32\ See section 782(b) of the Act.
\33\ See Certification of Factual Information To Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also the
frequently asked questions regarding the Final Rule, available at
the following: http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------
Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, the
Department published Antidumping and Countervailing Duty Proceedings:
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate in this investigation should
ensure that they meet the requirements of these procedures (e.g., the
filing of letters of appearance as discussed at 19 CFR 351.103(d)).
This notice is issued and published pursuant to section 777(i) of
the Act.
Dated: May 13, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Attachment I
Scope of the Investigation
The merchandise subject to investigation is closed (i.e., not open
top) van containers exceeding 14.63 meters (48 feet) but generally
measuring 16.154 meters (53 feet) in exterior length, which are
designed for the intermodal transport \34\ of goods other than bulk
liquids within North America primarily by rail or by road vehicle, or
by a combination of rail and road vehicle (domestic containers). The
merchandise is known in the industry by varying terms including ``53-
foot
[[Page 28683]]
containers,'' ``53-foot dry containers,'' ``53-foot domestic dry
containers,'' ``domestic dry containers'' and ``domestic containers.''
These terms all describe the same article with the same design and
performance characteristics. Notwithstanding the particular terminology
used to describe the merchandise, all merchandise that meets the
definition set forth herein is included within the scope of this
investigation.
---------------------------------------------------------------------------
\34\ ``Intermodal transport'' refers to a movement of freight
using more than one mode of transportation, most commonly on a
container chassis for on-the-road transportation and on a rail car
for rail transportation.
---------------------------------------------------------------------------
Domestic containers generally meet the characteristic for closed
van containers for domestic intermodal service as described in the
American Association of Railroads (AAR) Manual of Standards and
Recommended Practices Intermodal Equipment Manual Closed Van Containers
for Domestic Intermodal Service Specification M 930 Adopted: 1972; Last
Revised 2013 (AAR Specifications) for 53-foot and 53-foot high cube
containers. The AAR Specifications generally define design, performance
and testing requirements for closed van containers, but are not
dispositive for purposes of defining subject merchandise within this
scope definition. Containers which may not fall precisely within the
AAR Specifications or any successor equivalent specifications are
included within the scope definition of the subject merchandise if they
have the exterior dimensions referenced below, are suitable for use in
intermodal transportation, are capable of and suitable for double-
stacking \35\ in intermodal transportation, and otherwise meet the
scope definition for the subject merchandise.
---------------------------------------------------------------------------
\35\ ``Double-stacking'' refers to two levels of intermodal
containers on a rail car, one on top of the other.
---------------------------------------------------------------------------
Domestic containers have the following actual exterior dimensions:
An exterior length exceeding 14.63 meters (48 feet) but not exceeding
16.154 meters (53 feet); an exterior width of between 2.438 meters and
2.60 meters (between 8 feet and 8 feet 6\3/8\ inches); and an exterior
height of between 2.438 meters and 2.908 meters (between 8 feet and 9
feet 6\1/2\ inches), all subject to tolerances as allowed by the AAR
Specifications. In addition to two frames (one at either end of the
container), the domestic containers within the scope definition have
two stacking frames located equidistant from each end of the container,
as required by the AAR Specifications. The stacking frames have four
upper handling fittings and four bottom dual aperture handling
fittings, placed at the respective corners of the stacking frames.
Domestic containers also have two forward facing fittings at the front
lower corners and two downward facing fittings at the rear lower
corners of the container to facilitate chassis interface.
All domestic containers as described herein are included within
this scope definition, regardless of whether the merchandise enters the
United States in a final, assembled condition, or as an unassembled kit
or substantially complete domestic container which requires additional
manipulation or processing after entry into the United States to be
made ready for use as a domestic container.
The scope of this investigation excludes the following items: (1)
Refrigerated containers; (2) trailers, where the cargo box and rear
wheeled chassis are of integrated construction, and the cargo box of
the unit may not be separated from the chassis for further intermodal
transport; (3) container chassis, whether or not imported with domestic
containers, but the domestic containers remain subject merchandise, to
the extent they meet the written description of the scope.
Imports of the subject merchandise are provided for under
subheading 8609.00.0000 of the Harmonized Tariff Schedule of the United
States (HTSUS). Imports of the subject merchandise which meet the
definition of and requirements for ``instruments of international
traffic'' pursuant to 19 U.S.C. Sec. 1322 and 19 C.F.R. Sec. 10.41a
may be classified under subheading 9803.00.50, HTSUS. While HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the subject merchandise as set forth herein is
dispositive.
[FR Doc. 2014-11527 Filed 5-16-14; 8:45 am]
BILLING CODE 3510-DS-P