Certain Brake Drums From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 95744-95747 [2024-28238]
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95744
Federal Register / Vol. 89, No. 232 / Tuesday, December 3, 2024 / Notices
21, 2024; ACCESS scope segment
‘‘Shawcor Pipe.’’
Aluminum Extrusions from China (A–
570–967/C–570–968); Flatbed utility
cart; 5 produced in and exported from
China; submitted by UTC; October 22,
2024; ACCESS scope segment ‘‘UTC
Flatbed Utility Cart.’’
Notification to Interested Parties
This list of scope ruling applications
is not an identification of scope
inquiries that have been initiated. In
accordance with 19 CFR 351.225(d)(1),
if Commerce has not rejected a scope
ruling application nor initiated the
scope inquiry within 30 days after the
filing of the application, the application
will be deemed accepted and a scope
inquiry will be deemed initiated the
following day—day 31.6 Commerce’s
practice generally dictates that where a
deadline falls on a weekend, Federal
holiday, or other non-business day, the
appropriate deadline is the next
business day.7 Accordingly, if the 30th
day after the filing of the application
falls on a non-business day, the next
business day will be considered the
‘‘updated’’ 30th day, and if the
application is not rejected or a scope
inquiry initiated by or on that particular
business day, the application will be
deemed accepted and a scope inquiry
will be deemed initiated on the next
business day which follows the
‘‘updated’’ 30th day.8
In accordance with 19 CFR
351.225(m)(2), if there are companion
AD and CVD orders covering the same
merchandise from the same country of
origin, the scope inquiry will be
lotter on DSK11XQN23PROD with NOTICES1
5 The
products are wheeled 30″ x 60″ platform or
flatbed utility carts with a rated load capacity of
2,000 lbs. that are ergonomically designed for
worker safety and constructed of lightweight
extruded aluminum tubes, aluminum plate,
handles, and steel and rubber or polyurethane
wheels. Cargo is loaded on the cargo deck and the
cart is operated by pushing or pulling the cart in
an orientation horizontal to the ground. The cart is
not designed and cannot operate to transport cargo
vertically, or in an upright orientation. The
products are packaged and imported as complete
kits, to be assembled by the purchaser/end user.
6 In accordance with 19 CFR 351.225(d)(2), within
30 days after the filing of a scope ruling application,
if Commerce determines that it intends to address
the scope issue raised in the application in another
segment of the proceeding (such as a circumvention
inquiry under 19 CFR 351.226 or a covered
merchandise inquiry under 19 CFR 351.227), it will
notify the applicant that it will not initiate a scope
inquiry, but will instead determine if the product
is covered by the scope at issue in that alternative
segment.
7 See Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
8 This structure maintains the intent of the
applicable regulation, 19 CFR 351.225(d)(1), to
allow day 30 and day 31 to be separate business
days.
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conducted on the record of the AD
proceeding. Further, please note that
pursuant to 19 CFR 351.225(m)(1),
Commerce may either apply a scope
ruling to all products from the same
country with the same relevant physical
characteristics, (including chemical,
dimensional, and technical
characteristics) as the product at issue,
on a country-wide basis, regardless of
the producer, exporter, or importer of
those products, or on a companyspecific basis.
For further information on procedures
for filing information with Commerce
through ACCESS and participating in
scope inquiries, please refer to the
Filing Instructions section of the Scope
Ruling Application Guide, at https://
access.trade.gov/help/Scope_Ruling_
Guidance.pdf. Interested parties, apart
from the scope ruling applicant, who
wish to participate in a scope inquiry
and be added to the public service list
for that segment of the proceeding must
file an entry of appearance in
accordance with 19 CFR 351.103(d)(1)
and 19 CFR 351.225(n)(4). Interested
parties are advised to refer to the case
segment in ACCESS as well as 19 CFR
351.225(f) for further information on the
scope inquiry procedures, including the
timelines for the submission of
comments.
Please note that this notice of scope
ruling applications filed in AD and CVD
proceedings may be published before
any potential initiation, or after the
initiation, of a given scope inquiry
based on a scope ruling application
identified in this notice. Therefore,
please refer to the case segment on
ACCESS to determine whether a scope
ruling application has been accepted or
rejected and whether a scope inquiry
has been initiated.
Interested parties who wish to be
served scope ruling applications for a
particular AD or CVD order may file a
request to be included on the annual
inquiry service list during the
anniversary month of the publication of
the AD or CVD order in accordance with
19 CFR 351.225(n) and Commerce’s
procedures.9
Interested parties are invited to
comment on the completeness of this
monthly list of scope ruling applications
received by Commerce. Any comments
should be submitted to Scot Fullerton,
Acting Deputy Assistant Secretary for
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, via email to
CommerceCLU@trade.gov.
9 See
Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021).
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This notice of scope ruling
applications filed in AD and CVD
proceedings is published in accordance
with 19 CFR 351.225(d)(3).
Dated: November 26, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2024–28277 Filed 12–2–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–175]
Certain Brake Drums From the
People’s Republic of China:
Preliminary Affirmative Countervailing
Duty Determination and Alignment of
Final Determination With Final
Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of certain brake
drums (brake drums) from the People’s
Republic of China (China). The period
of investigation is January 1, 2023,
through December 31, 2023. Interested
parties are invited to comment on this
preliminary determination.
SUMMARY:
DATES:
Applicable February 3, 2024.
FOR FURTHER INFORMATION CONTACT:
Nathan James or Olivia Woolverton,
AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5305 or
(202) 482–7452, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this countervailing
duty (CVD) investigation on July 17,
2024.1 On July 22, 2024, Commerce
tolled certain deadlines in this
administrative proceeding by seven
1 See Certain Brake Drums from the People’s
Republic of China and the Republic of Türkiye:
Initiation of Countervailing Duty Investigations, 89
FR 58106 (July 17, 2024) (Initiation Notice).
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Federal Register / Vol. 89, No. 232 / Tuesday, December 3, 2024 / Notices
days.2 On September 6, 2024,
Commerce postponed the preliminary
determination until November 25,
2024.3
For a complete description of events
that followed the initiation of this
investigation, see the Preliminary
Decision Memorandum.4 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The products covered by this
investigation are brake drums from
China. For a complete description of the
scope of this investigation, see
Appendix I.
Scope Comments
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In accordance with the Preamble to
Commerce’s regulations,5 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).6 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. Commerce intends to
issue its preliminary decision regarding
comments concerning the scope of the
antidumping (AD) and CVD
investigations in the preliminary
determination of the companion AD
investigations. We will incorporate the
scope decisions from the AD
investigations into the scope of the final
CVD determination for this investigation
after considering any relevant comments
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
3 See Certain Brake Drums from the People’s
Republic of China and the Republic of Türkiye:
Postponement of Preliminary Determinations in the
Countervailing Duty Investigations, 89 FR 72827
(September 6, 2024).
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination of the
Countervailing Duty Investigation of Certain Brake
Drums from the People’s Republic of China,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
6 See Initiation Notice, 89 FR at 58109.
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submitted in scope case and rebuttal
briefs.7
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found to be countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.8 For a
full description of the methodology
underlying our preliminary
determination, see the Preliminary
Decision Memorandum.
Commerce notes that, in making these
findings, it relied, in part, on facts
available, and, because it finds that
certain companies that failed to timely
respond to Commerce’s quantity and
value (Q&V) questionnaire, as well as
the Government of China, did not act to
the best of their abilities to respond to
Commerce’s requests for information, it
drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.9 For further
information, see the ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ section in the Preliminary
Decision Memorandum.
Alignment
In accordance with section 705(a)(1)
of the Act and 19 CFR 351.210(b)(4),
Commerce is aligning the final CVD
determination in this investigation with
the final determination in the
concurrent AD investigation of brake
drums from China, based on a request
made by the petitioner.10 Consequently,
the final CVD determination will be
issued on the same date as the final AD
determination, which is currently
scheduled to be issued no later than
April 8, 2025, unless postponed.11
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that, in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
7 The deadline for interested parties to submit
scope case and rebuttal briefs will be established in
the preliminary scope decision memorandum.
8 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
9 See sections 776(a) and (b) of the Act.
10 See Petitioner’s Letter, ‘‘Request to Align Final
Antidumping and Countervailing Duty
Determination,’’ dated November 7, 2024.
11 See Certain Brake Drums from the Republic of
Türkiye and the People’s Republic of China:
Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 89 FR 91675
(November 20, 2024).
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examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any rates that are
zero, de minimis, or based entirely
under section 776 of the Act.
In this investigation, Commerce
preliminarily calculated total net
subsidy rates for CAIEC Trailer Master
Co., Ltd. (CAIEC Trailer) and Shandong
ConMet Mechanical, Ltd. (Shandong
ConMet) that are not zero, de minimis,
or based entirely on the facts otherwise
available. Because Commerce calculated
individual estimated countervailable
subsidy rates for CAIEC Trailer and
Shandong ConMet that are not zero, de
minimis, or based entirely on the facts
otherwise available, we have
preliminarily calculated the all-others
rate using a weighted-average of the
individual estimated subsidy rates
calculated for the examined respondents
using each company’s publicly-ranged
sales values.12
Rate for Non-Responsive Companies
Thirteen potential exporters and/or
producers of brake drums from China
did not timely respond to Commerce’s
Q&V questionnaire.13 We find that, by
not timely responding to the Q&V
questionnaire, these companies
withheld requested information and
significantly impeded this proceeding.
Thus, in reaching our preliminary
determination, pursuant to sections
776(a)(2)(A) and (C) of the Act, we are
basing the subsidy rate for the nonresponsive companies on facts
otherwise available.
We further preliminarily determine
that an adverse inference is warranted,
pursuant to section 776(b) of the Act. By
failing to submit responses to
Commerce’s Q&V questionnaire, the
non-responsive companies did not
cooperate to the best of their abilities in
this investigation. Accordingly, we
preliminarily find that an adverse
inference is warranted to ensure that the
non-responsive companies will not
obtain a more favorable result than had
they fully complied with our request for
information. For more information on
12 See Memorandum, ‘‘Calculation of Subsidy
Rate for All Others,’’ dated concurrently with this
notice.
13 These companies are: (1) Guangzhou Joyhand
Import & Export Co.; (2) Hebei Iruijin Auto Parts
Co., Ltd.; (3) Henan Broad Top Metal Work, Llc.;
(4) Henan Valiant Braking System Co.; (5) HTS
(Tianjin) Supply Chain Co., Ltd.; (6) Panasia CVS
(HK), Ltd.; (7) Raw King Brake Parts Co., Ltd.; (8)
Tianjin Textile Group Import and Export Inc.; (9)
Xiamen Tinmy Industrial Co., Ltd.; (10) Xingtai
Xunchiyoute Auto Parts Co.; (11) Yancheng Terbon
Auto Parts Co.; (12) Yantai Hongtian Autoparts Co.,
Ltd.; and (13) Zhejiang Firsd Group Co., Ltd.
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Federal Register / Vol. 89, No. 232 / Tuesday, December 3, 2024 / Notices
the application of adverse facts available
to the non-responsive companies, see
‘‘Use of Facts Otherwise Available and
Adverse Inferences’’ in the Preliminary
Determination Memorandum.
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
Company
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CAIEC Trailer Master Co.,
Ltd./Trailer Master CVS
Inc 14 ..................................
Shandong ConMet Mechanical, Ltd./Weifang ConMet
Mechanical Products Co.,
Ltd.15 .................................
Guangzhou Joyhand Import
& Export Co ......................
Hebei Iruijin Auto Parts Co.,
Ltd .....................................
Henan Broad Top Metal
Work, Llc ...........................
Henan Valiant Braking System Co ..............................
HTS (Tianjin) Supply Chain
Co., Ltd .............................
Panasia CVS (HK), Ltd ........
Raw King Brake Parts Co.,
Ltd .....................................
Tianjin Textile Group Import
and Export Inc ...................
Xiamen Tinmy Industrial Co.,
Ltd .....................................
Xingtai Xunchiyoute Auto
Parts Co ............................
Yancheng Terbon Auto Parts
Co ......................................
Yantai Hongtian Autoparts
Co., Ltd .............................
Zhejiang Firsd Group Co.,
Ltd .....................................
All Others ..............................
Subsidy rate
(percent ad
valorem)
41.51
6.76
* 303.07
* 303.07
* 303.07
* 303.07
* 303.07
* 303.07
* 303.07
* 303.07
with 19 CFR 351.224(d), Commerce will
not consider incomplete allegations that
do not address the significance standard
under 19 CFR 351.224(g) following the
preliminary determination. Instead,
Commerce will address such allegations
in the final determination together with
issues raised in the case briefs or other
written comments.
Suspension of Liquidation
In accordance with section
703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and
Border Protection (CBP) to suspend
liquidation of entries of subject
merchandise as described in the scope
of the investigation entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
rates indicated above.
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
Public Comment
All interested parties will have the
opportunity to submit scope case and
rebuttal briefs on the preliminary
* 303.07 decision regarding the scope of the AD
* 303.07 and CVD investigations. The deadlines
to submit scope case and rebuttal briefs
* 303.07 will be provided in the preliminary
scope decision memorandum. For all
* 303.07 scope case and rebuttal briefs, parties
16.17 must file identical documents
* Rate based on facts available with adverse simultaneously on the records of the
ongoing AD and CVD brake drums
inferences.
investigations. No new factual
Disclosure
information or business proprietary
Commerce intends to disclose to
information may be included in either
interested parties the calculations
scope case or rebuttal briefs.
performed in connection with this
Case briefs or other written comments
preliminary determination within five
on non-scope issues may be submitted
days of its public announcement or, if
to the Assistant Secretary for
there is no public announcement,
Enforcement and Compliance no later
within five days of the date of
than seven days after the date on which
publication of this notice in accordance
the last verification report is issued in
with 19 CFR 351.224(b).
this investigation. Rebuttal briefs,
Consistent with 19 CFR 351.224(e),
limited to issues raised in the case
Commerce will analyze and, if
briefs, may be filed not later than five
appropriate, correct any timely
days after the date for filing case
allegations of significant ministerial
briefs.16 Interested parties who submit
errors by amending the preliminary
case briefs or rebuttal briefs in this
determination. However, consistent
proceeding must submit: (1) a table of
* 303.07
14 Commerce found CAIEC Trailer Master Co.,
Ltd. and Trailer Master CVS Inc to be cross-owned
entities.
15 Commerce found Shandong ConMet
Mechanical, Ltd. and Weifang ConMet Mechanical
Products Co., Ltd. to be cross-owned entities.
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16 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
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contents listing each issue; and (2) a
table of authorities.17
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their briefs that
should be limited to five pages total,
including footnotes. In this
investigation, we instead request that
interested parties provide at the
beginning of their briefs a public,
executive summary for each issue raised
in their briefs.18 Further, we request that
interested parties limit their executive
summary of each issue to no more than
450 words, not including citations. We
intend to use the executive summaries
as the basis of the comment summaries
included in the issues and decision
memorandum that will accompany the
final determination in this investigation.
We request that interested parties
include footnotes for relevant citations
in the executive summary of each issue.
Note that Commerce has amended
certain of its requirements pertaining to
the service of documents in 19 CFR
351.303(f).19
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce via ACCESS within 30 days
after the date of publication of this
notice. Requests should contain the
party’s name, address, and telephone
number, the number of participants and
whether any participant is a foreign
national, and a list of the issues to be
discussed. Oral presentations at the
hearing will be limited to issues raised
in the briefs. If a request for a hearing
is made, parties will be notified of the
time and date for the hearing.20 Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date.
U.S. International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its determination. If the final
determination is affirmative, the ITC
will determine before the later of 120
days after the date of this preliminary
17 See
19 CFR 351.309(c)(2) and (d)(2).
use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
19 See APO and Service Final Rule, 88 FR at
67069.
20 See 19 CFR 351.310(d).
18 We
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Federal Register / Vol. 89, No. 232 / Tuesday, December 3, 2024 / Notices
determination or 45 days after the final
determination whether imports of brake
drums from China are materially
injuring, or threaten material injury to,
the U.S. industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
703(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c).
Dated: November 25, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
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Appendix I
Scope of the Investigation
The products covered by this investigation
are certain brake drums made of gray cast
iron, whether finished or unfinished, with an
actual or nominal inside diameter of 14.75
inches or more but not over 16.6 inches,
weighing more than 50 pounds. Unfinished
brake drums are those which have undergone
some turning or machining but are not ready
for installation. Subject brake drums are
included within the scope whether imported
individually or with non-subject
merchandise (for example, a hub), whether
assembled or unassembled, or if joined with
non-subject merchandise. When a subject
drum is imported together with non-subject
merchandise, such as, but not limited to, a
drum-hub assembly, only the subject drum is
covered by the scope.
Subject merchandise also includes finished
and unfinished brake drums that are further
processed in a third country or in the United
States, including, but not limited to,
assembly or any other processing that would
not otherwise remove the merchandise from
the scope of the investigation if performed in
the country of manufacture of the subject
brake drums. The inclusion, attachment,
joining, or assembly of non-subject
merchandise with subject drums either in the
country of manufacture of the subject drum
or in a third country does not remove the
subject drum from the scope. Specifically
excluded is merchandise covered by the
scope of the antidumping and countervailing
duty orders on certain chassis and
subassemblies thereof from the People’s
Republic of China. See Certain Chassis and
Subassemblies Thereof from the People’s
Republic of China: Antidumping Duty Order,
86 FR 36093 (July 8, 2021) and Certain
Chassis and Subassemblies Thereof from the
People’s Republic of China: Countervailing
Duty Order and Amended Final Affirmative
Countervailing Duty Determination, 86 FR
24844 (May 10, 2021).
The scope also excludes composite brake
drums that contain more than 40 percent
steel by weight.
The merchandise covered by this
investigation is classifiable under
Harmonized Tariff Schedule of the United
States (HTSUS) subheading 8708.30.5020.
The merchandise covered by the
investigation may be classifiable under
HTSUS subheading 8708.30.5090 when
entered as part of an assembly. Subject
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merchandise may also enter under HTSUS
subheading 8716.90.5060. Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
covered by this investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Injury Test
IV. Analysis of China’s Financial System
V. Diversification of China’s Economy
VI. Use of Facts Available and Adverse
Inferences
VII. Subsidies Valuation
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2024–28238 Filed 12–2–24; 8:45 am]
BILLING CODE 3510–DS–P
CONSUMER PRODUCT SAFETY
COMMISSION
[Docket No. CPSC–2012–0024]
Agency Information Collection
Activities; Extension of Collection;
Comment Request; Notification
Requirements for Coal and Wood
Burning Appliances
Consumer Product Safety
Commission.
ACTION: Notice of information collection;
request for comment.
AGENCY:
As required by the Paperwork
Reduction Act of 1995, the Consumer
Product Safety Commission (CPSC or
Commission) requests comments on a
proposed extension of approval of
information collection regarding
notification requirements for coal and
wood burning appliances. The Office of
Management and Budget (OMB)
previously approved the collection of
information under control number
3041–0040. OMB’s most recent
extension of approval will expire on
March 31, 2025. The Commission will
consider all comments received in
response to this notice before requesting
an extension of this collection of
information from OMB.
DATES: Submit comments on the
collection of information by February 3,
2025.
ADDRESSES: You may submit comments,
identified by Docket No. CPSC–2012–
0024, within 60 days of publication of
this notice by any of the following
methods:
Electronic Submissions: Submit
electronic comments to the Federal
eRulemaking Portal at: https://
SUMMARY:
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95747
www.regulations.gov. Follow the
instructions for submitting comments.
Do not submit through this website:
confidential business information, trade
secret information, or other sensitive or
protected information that you do not
want to be available to the public. The
Commission typically does not accept
comments submitted by email, except as
described below.
Mail/Hand Delivery/Courier/Written
Submissions: CPSC encourages you to
submit electronic comments by using
the Federal eRulemaking Portal. You
may, however, submit comments by
mail/hand delivery/courier to: Office of
the Secretary, Consumer Product Safety
Commission, 4330 East-West Highway,
Bethesda, MD 20814; telephone (301)
504–7923.
Instructions: All submissions received
must include the agency name and
docket number for this notice. CPSC
may post all comments without change,
including any personal identifiers,
contact information, or other personal
information provided, to: https://
www.regulations.gov. If you wish to
submit confidential business
information, trade secret information, or
other sensitive or protected information
that you do not want to be available to
the public, you may submit such
comments by mail, hand delivery, or
courier, or you may email them to cpscos@cpsc.gov.
Docket: For access to the docket to
read background documents or
comments received, go to: https://
www.regulations.gov, insert docket
number CPSC–2012–0024 into the
‘‘Search’’ box, and follow the prompts.
FOR FURTHER INFORMATION CONTACT:
Cynthia Gillham, Consumer Product
Safety Commission, 4330 East-West
Highway, Bethesda, MD 20814; (301)
504–7791, or by email to: pra@cpsc.gov.
SUPPLEMENTARY INFORMATION: CPSC
seeks to renew the following currently
approved collection of information:
Title: Notification Requirements for
Coal and Wood Burning Appliances.
OMB Number: 3041–0040.
Type of Review: Renewal of
collection.
Frequency of Response: On occasion.
Affected Public: Manufacturers and
importers of coal and wood burning
appliances.
Estimated Number of Respondents:
We estimate five responses annually.
Estimated Time per Response: We
estimate three hours per submission and
30 minutes for collecting and mailing
the information to the CPSC.
Total Estimated Annual Burden: The
total estimated annual burden is 17.5
hours (5 submissions × 3.5 hours).
E:\FR\FM\03DEN1.SGM
03DEN1
Agencies
[Federal Register Volume 89, Number 232 (Tuesday, December 3, 2024)]
[Notices]
[Pages 95744-95747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28238]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-175]
Certain Brake Drums From the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination and Alignment
of Final Determination With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of certain brake drums (brake drums) from the
People's Republic of China (China). The period of investigation is
January 1, 2023, through December 31, 2023. Interested parties are
invited to comment on this preliminary determination.
DATES: Applicable February 3, 2024.
FOR FURTHER INFORMATION CONTACT: Nathan James or Olivia Woolverton, AD/
CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-5305 or (202)
482-7452, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this countervailing duty (CVD)
investigation on July 17, 2024.\1\ On July 22, 2024, Commerce tolled
certain deadlines in this administrative proceeding by seven
[[Page 95745]]
days.\2\ On September 6, 2024, Commerce postponed the preliminary
determination until November 25, 2024.\3\
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\1\ See Certain Brake Drums from the People's Republic of China
and the Republic of T[uuml]rkiye: Initiation of Countervailing Duty
Investigations, 89 FR 58106 (July 17, 2024) (Initiation Notice).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Certain Brake Drums from the People's Republic of China
and the Republic of T[uuml]rkiye: Postponement of Preliminary
Determinations in the Countervailing Duty Investigations, 89 FR
72827 (September 6, 2024).
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For a complete description of events that followed the initiation
of this investigation, see the Preliminary Decision Memorandum.\4\ A
list of topics discussed in the Preliminary Decision Memorandum is
included as Appendix II to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination of the Countervailing Duty Investigation
of Certain Brake Drums from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are brake drums from
China. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\5\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\6\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. Commerce intends to issue its preliminary
decision regarding comments concerning the scope of the antidumping
(AD) and CVD investigations in the preliminary determination of the
companion AD investigations. We will incorporate the scope decisions
from the AD investigations into the scope of the final CVD
determination for this investigation after considering any relevant
comments submitted in scope case and rebuttal briefs.\7\
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\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\6\ See Initiation Notice, 89 FR at 58109.
\7\ The deadline for interested parties to submit scope case and
rebuttal briefs will be established in the preliminary scope
decision memorandum.
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Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found to be
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\8\ For a full description of the methodology underlying our
preliminary determination, see the Preliminary Decision Memorandum.
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\8\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Commerce notes that, in making these findings, it relied, in part,
on facts available, and, because it finds that certain companies that
failed to timely respond to Commerce's quantity and value (Q&V)
questionnaire, as well as the Government of China, did not act to the
best of their abilities to respond to Commerce's requests for
information, it drew an adverse inference where appropriate in
selecting from among the facts otherwise available.\9\ For further
information, see the ``Use of Facts Otherwise Available and Adverse
Inferences'' section in the Preliminary Decision Memorandum.
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\9\ See sections 776(a) and (b) of the Act.
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Alignment
In accordance with section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the final CVD determination in this
investigation with the final determination in the concurrent AD
investigation of brake drums from China, based on a request made by the
petitioner.\10\ Consequently, the final CVD determination will be
issued on the same date as the final AD determination, which is
currently scheduled to be issued no later than April 8, 2025, unless
postponed.\11\
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\10\ See Petitioner's Letter, ``Request to Align Final
Antidumping and Countervailing Duty Determination,'' dated November
7, 2024.
\11\ See Certain Brake Drums from the Republic of T[uuml]rkiye
and the People's Republic of China: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value Investigations, 89 FR
91675 (November 20, 2024).
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All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that, in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
rates that are zero, de minimis, or based entirely under section 776 of
the Act.
In this investigation, Commerce preliminarily calculated total net
subsidy rates for CAIEC Trailer Master Co., Ltd. (CAIEC Trailer) and
Shandong ConMet Mechanical, Ltd. (Shandong ConMet) that are not zero,
de minimis, or based entirely on the facts otherwise available. Because
Commerce calculated individual estimated countervailable subsidy rates
for CAIEC Trailer and Shandong ConMet that are not zero, de minimis, or
based entirely on the facts otherwise available, we have preliminarily
calculated the all-others rate using a weighted-average of the
individual estimated subsidy rates calculated for the examined
respondents using each company's publicly-ranged sales values.\12\
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\12\ See Memorandum, ``Calculation of Subsidy Rate for All
Others,'' dated concurrently with this notice.
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Rate for Non-Responsive Companies
Thirteen potential exporters and/or producers of brake drums from
China did not timely respond to Commerce's Q&V questionnaire.\13\ We
find that, by not timely responding to the Q&V questionnaire, these
companies withheld requested information and significantly impeded this
proceeding. Thus, in reaching our preliminary determination, pursuant
to sections 776(a)(2)(A) and (C) of the Act, we are basing the subsidy
rate for the non-responsive companies on facts otherwise available.
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\13\ These companies are: (1) Guangzhou Joyhand Import & Export
Co.; (2) Hebei Iruijin Auto Parts Co., Ltd.; (3) Henan Broad Top
Metal Work, Llc.; (4) Henan Valiant Braking System Co.; (5) HTS
(Tianjin) Supply Chain Co., Ltd.; (6) Panasia CVS (HK), Ltd.; (7)
Raw King Brake Parts Co., Ltd.; (8) Tianjin Textile Group Import and
Export Inc.; (9) Xiamen Tinmy Industrial Co., Ltd.; (10) Xingtai
Xunchiyoute Auto Parts Co.; (11) Yancheng Terbon Auto Parts Co.;
(12) Yantai Hongtian Autoparts Co., Ltd.; and (13) Zhejiang Firsd
Group Co., Ltd.
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We further preliminarily determine that an adverse inference is
warranted, pursuant to section 776(b) of the Act. By failing to submit
responses to Commerce's Q&V questionnaire, the non-responsive companies
did not cooperate to the best of their abilities in this investigation.
Accordingly, we preliminarily find that an adverse inference is
warranted to ensure that the non-responsive companies will not obtain a
more favorable result than had they fully complied with our request for
information. For more information on
[[Page 95746]]
the application of adverse facts available to the non-responsive
companies, see ``Use of Facts Otherwise Available and Adverse
Inferences'' in the Preliminary Determination Memorandum.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
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\14\ Commerce found CAIEC Trailer Master Co., Ltd. and Trailer
Master CVS Inc to be cross-owned entities.
\15\ Commerce found Shandong ConMet Mechanical, Ltd. and Weifang
ConMet Mechanical Products Co., Ltd. to be cross-owned entities.
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
CAIEC Trailer Master Co., Ltd./Trailer Master CVS Inc 41.51
\14\...................................................
Shandong ConMet Mechanical, Ltd./Weifang ConMet 6.76
Mechanical Products Co., Ltd.\15\......................
Guangzhou Joyhand Import & Export Co.................... * 303.07
Hebei Iruijin Auto Parts Co., Ltd....................... * 303.07
Henan Broad Top Metal Work, Llc......................... * 303.07
Henan Valiant Braking System Co......................... * 303.07
HTS (Tianjin) Supply Chain Co., Ltd..................... * 303.07
Panasia CVS (HK), Ltd................................... * 303.07
Raw King Brake Parts Co., Ltd........................... * 303.07
Tianjin Textile Group Import and Export Inc............. * 303.07
Xiamen Tinmy Industrial Co., Ltd........................ * 303.07
Xingtai Xunchiyoute Auto Parts Co....................... * 303.07
Yancheng Terbon Auto Parts Co........................... * 303.07
Yantai Hongtian Autoparts Co., Ltd...................... * 303.07
Zhejiang Firsd Group Co., Ltd........................... * 303.07
All Others.............................................. 16.17
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.
Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with this preliminary determination within five
days of its public announcement or, if there is no public announcement,
within five days of the date of publication of this notice in
accordance with 19 CFR 351.224(b).
Consistent with 19 CFR 351.224(e), Commerce will analyze and, if
appropriate, correct any timely allegations of significant ministerial
errors by amending the preliminary determination. However, consistent
with 19 CFR 351.224(d), Commerce will not consider incomplete
allegations that do not address the significance standard under 19 CFR
351.224(g) following the preliminary determination. Instead, Commerce
will address such allegations in the final determination together with
issues raised in the case briefs or other written comments.
Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation entered, or withdrawn from warehouse,
for consumption on or after the date of publication of this notice in
the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce
will instruct CBP to require a cash deposit equal to the rates
indicated above.
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
All interested parties will have the opportunity to submit scope
case and rebuttal briefs on the preliminary decision regarding the
scope of the AD and CVD investigations. The deadlines to submit scope
case and rebuttal briefs will be provided in the preliminary scope
decision memorandum. For all scope case and rebuttal briefs, parties
must file identical documents simultaneously on the records of the
ongoing AD and CVD brake drums investigations. No new factual
information or business proprietary information may be included in
either scope case or rebuttal briefs.
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance no
later than seven days after the date on which the last verification
report is issued in this investigation. Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than five days
after the date for filing case briefs.\16\ Interested parties who
submit case briefs or rebuttal briefs in this proceeding must submit:
(1) a table of contents listing each issue; and (2) a table of
authorities.\17\
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\16\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\17\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their briefs that should be limited to five pages
total, including footnotes. In this investigation, we instead request
that interested parties provide at the beginning of their briefs a
public, executive summary for each issue raised in their briefs.\18\
Further, we request that interested parties limit their executive
summary of each issue to no more than 450 words, not including
citations. We intend to use the executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final determination in this investigation. We
request that interested parties include footnotes for relevant
citations in the executive summary of each issue. Note that Commerce
has amended certain of its requirements pertaining to the service of
documents in 19 CFR 351.303(f).\19\
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\18\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\19\ See APO and Service Final Rule, 88 FR at 67069.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce via ACCESS
within 30 days after the date of publication of this notice. Requests
should contain the party's name, address, and telephone number, the
number of participants and whether any participant is a foreign
national, and a list of the issues to be discussed. Oral presentations
at the hearing will be limited to issues raised in the briefs. If a
request for a hearing is made, parties will be notified of the time and
date for the hearing.\20\ Parties should confirm by telephone the date,
time, and location of the hearing two days before the scheduled date.
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\20\ See 19 CFR 351.310(d).
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U.S. International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its determination. If
the final determination is affirmative, the ITC will determine before
the later of 120 days after the date of this preliminary
[[Page 95747]]
determination or 45 days after the final determination whether imports
of brake drums from China are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 703(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: November 25, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The products covered by this investigation are certain brake
drums made of gray cast iron, whether finished or unfinished, with
an actual or nominal inside diameter of 14.75 inches or more but not
over 16.6 inches, weighing more than 50 pounds. Unfinished brake
drums are those which have undergone some turning or machining but
are not ready for installation. Subject brake drums are included
within the scope whether imported individually or with non-subject
merchandise (for example, a hub), whether assembled or unassembled,
or if joined with non-subject merchandise. When a subject drum is
imported together with non-subject merchandise, such as, but not
limited to, a drum-hub assembly, only the subject drum is covered by
the scope.
Subject merchandise also includes finished and unfinished brake
drums that are further processed in a third country or in the United
States, including, but not limited to, assembly or any other
processing that would not otherwise remove the merchandise from the
scope of the investigation if performed in the country of
manufacture of the subject brake drums. The inclusion, attachment,
joining, or assembly of non-subject merchandise with subject drums
either in the country of manufacture of the subject drum or in a
third country does not remove the subject drum from the scope.
Specifically excluded is merchandise covered by the scope of the
antidumping and countervailing duty orders on certain chassis and
subassemblies thereof from the People's Republic of China. See
Certain Chassis and Subassemblies Thereof from the People's Republic
of China: Antidumping Duty Order, 86 FR 36093 (July 8, 2021) and
Certain Chassis and Subassemblies Thereof from the People's Republic
of China: Countervailing Duty Order and Amended Final Affirmative
Countervailing Duty Determination, 86 FR 24844 (May 10, 2021).
The scope also excludes composite brake drums that contain more
than 40 percent steel by weight.
The merchandise covered by this investigation is classifiable
under Harmonized Tariff Schedule of the United States (HTSUS)
subheading 8708.30.5020. The merchandise covered by the
investigation may be classifiable under HTSUS subheading
8708.30.5090 when entered as part of an assembly. Subject
merchandise may also enter under HTSUS subheading 8716.90.5060.
Although the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the merchandise covered
by this investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Injury Test
IV. Analysis of China's Financial System
V. Diversification of China's Economy
VI. Use of Facts Available and Adverse Inferences
VII. Subsidies Valuation
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2024-28238 Filed 12-2-24; 8:45 am]
BILLING CODE 3510-DS-P