Certain Brake Drums From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures, 8383-8386 [2025-01891]
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Federal Register / Vol. 90, No. 18 / Wednesday, January 29, 2025 / Notices
Cora
Dickson, DFO, Office of Energy and
Environmental Industries (OEEI),
Industry and Analysis, International
Trade Administration, U.S. Department
of Commerce at (202) 482–6083; email:
Cora.Dickson@trade.gov. Registered
participants joining virtually will be
emailed the login information for the
meeting, which will be accessible as a
livestream via Teams Webinar.
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accessing the designated meeting space.
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FOR FURTHER INFORMATION CONTACT:
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Jonathan Chesebro,
Deputy Director, Acting, Office of Energy and
Environmental Industries.
[FR Doc. 2025–01846 Filed 1–28–25; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–174]
Certain Brake Drums From the
People’s Republic of China:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Postponement of Final Determination
and Extension of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain brake drums
from the People’s Republic of China
(China) are being, or are likely to be,
AGENCY:
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sold in the United States at less than fair
value (LTFV). The period of
investigation (POI) is October 1, 2023,
through March 31, 2024. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable January 29, 2025.
FOR FURTHER INFORMATION CONTACT:
Samuel Frost, 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) 482–8180.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
in the Federal Register on July 17,
2024.1 On July 22, 2024, Commerce
tolled certain deadlines in this
administrative proceeding by seven
days.2 On November 20, 2024,
Commerce postponed the preliminary
determination of this investigation until
January 23, 2025.3
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.4 A list of topics
included 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
1 See Certain Brake Drums from the People’s
Republic of China and the Republic of Türkiye:
Initiation of Less-Than-Fair-Value Investigations, 89
FR 58116 (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 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).
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value 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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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 in the
Initiation Notice, Commerce 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. For a
summary of the product coverage
comments and rebuttal responses
submitted to the record for this
investigation, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.7 As
discussed in the Preliminary Scope
Decision Memorandum, Commerce
preliminarily modified the scope
language as it appeared in the Initiation
Notice. In the Preliminary Scope
Decision Memorandum, Commerce
established the deadline for parties to
submit scope case and rebuttal briefs.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated constructed export prices in
accordance with section 772(b) of the
Act. Because China is a non-market
economy (NME), within the meaning of
section 771(18) of the Act, Commerce
has calculated normal value in
accordance with section 773(c) of the
Act. Furthermore, pursuant to sections
776(a) and (b) of the Act, Commerce
preliminarily has relied upon facts
otherwise available, with adverse
inferences, for the China-wide entity.
For a full description of the
methodology underlying Commerce’s
preliminary determination, see the
Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,8 Commerce
stated that it would calculate producer/
exporter combination rates for the
respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.9
Separate Rates
respondents in an NME LTFV
investigation, Commerce normally looks
to section 735(c)(5)(A) of the Act, which
pertains to the calculation of the allothers rate in a market economy LTFV
investigation, for guidance. Pursuant to
section 735(c)(5)(A) of the Act, normally
this rate shall be an amount equal to the
weighted-average of the estimated
weighted average dumping margins
established for those companies
individually examined, excluding zero
and de minimis dumping margins, and
any dumping margins based entirely
under section 776 of the Act. Commerce
calculated an individual estimated
weighted-average dumping margin for
Shandong ConMet Mechanical Co., Ltd.
(Shandong ConMet) that is not zero, de
minimis, or based entirely on facts
otherwise available. Thus, the weightedaverage dumping margin calculated for
Shandong ConMet is the margin
assigned to the non-examined, separate
rate companies in this investigation. See
the table below in the ‘‘Preliminary
Determination’’ section of this notice.
We have preliminarily granted a
Preliminary Determination
separate rate to certain companies that
Commerce preliminarily determines
we did not select for individual
examination.10 In calculating the rate for that the following estimated weightednon-individually examined separate rate average dumping margins exist:
Weightedaverage
dumping margin
(percent)
Producer
Exporter
Shandong ConMet Mechanical Co., Ltd .............
Liaoning Hechuang CV Parts MFG Co ...............
Hebei OE Auto Spare Parts Co., Ltd ..................
Longyao County Yiheng Auto Parts Co., Ltd ......
Shandong Lingang Nonferrous Metals Co., Ltd ..
Qiqihar Beimo Auto Parts Manufacturing Co.,
Ltd.
Shandong Lingang Nonferrous Metals Co., Ltd ..
Shandong Hongma Engineering Machinery Co.,
Ltd.
Longyao Gucheng Automobile Parts Factory .....
Shandong Longji Machinery Co., Ltd ..................
China-Wide Entity ................................................
Shandong ConMet Mechanical Co., Ltd .............
Liaoning Hechuang CV Parts MFG Co ...............
Ningbo Qingchen International Trade Co., Ltd ...
Qingdao Jasmine International Trade Co., Ltd ...
Qingdao Tordon Brake Co., Ltd ..........................
Qiqihar Beimo Auto Parts Manufacturing Co.,
Ltd.
Shandong Haoxin Co., Ltd ..................................
Shandong Hongma Engineering Machinery Co.,
Ltd.
Shandong North Autotech Co., Ltd .....................
Shanghai Winsun Auto Parts Co., Ltd ................
..............................................................................
Cash deposit rate
(adjusted for
subsidy offsets)
(percent)
109.64
109.64
109.64
109.64
109.64
109.64
109.64
109.64
109.64
109.64
109.64
109.64
109.64
109.64
109.64
109.64
109.64
109.64
* 160.79
109.64
109.64
150.25
* This rate is based on facts available with adverse inferences.
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Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in the Federal Register 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
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
6 See Initiation Notice, 89 FR at 58117.
7 See Memorandum, ‘‘Antidumping Duty
Investigations and Countervailing Duty
Investigations of Certain Brake Drums from the
People’s Republic of China and the Republic of
Türkiye: Preliminary Scope Decision
Memorandum,’’ dated concurrently with this
preliminary determination (Preliminary Scope
Decision Memorandum).
8 See Initiation Notice, 89 FR at 58120.
9 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (Policy
Bulletin 05.1), available on Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
10 See Preliminary Decision Memorandum.
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issues raised in the case briefs or other
written comments.
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Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of subject
merchandise as described in the scope
of the investigation section entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register, as discussed below. Further,
pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), Commerce
will instruct CBP to require a cash
deposit equal to the weighted average
amount by which normal value exceeds
U.S. price, as indicated in the chart
above as follows: (1) for the producer/
exporter combinations listed in the table
above, the cash deposit rate is equal to
the estimated weighted-average
dumping margin listed for that
combination in the table; (2) for all
combinations of Chinese producers/
exporters of merchandise under
consideration that have not established
eligibility for their own separate rates,
the cash deposit rate will be equal to the
estimated weighted-average dumping
margin established for the China-wide
entity; and (3) for all third-country
exporters of merchandise under
consideration not listed in the table
above, the cash deposit rate is the cash
deposit rate applicable to the Chinese
producer/exporter combination (or the
China-wide entity) that supplied that
third-country exporter.
To determine the cash deposit rate,
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of domestic
subsidy pass-through and export
subsidies determined in a companion
countervailing duty (CVD) proceeding
when CVD provisional measures are in
effect. Accordingly, where Commerce
has made a preliminary affirmative
determination for domestic subsidy
pass-through or export subsidies,
Commerce has offset the calculated
estimated weighted-average dumping
margin by the appropriate rate(s). Any
such adjusted rates may be found in the
chart of estimated weighted-average
dumping margins above.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation,
Commerce will direct CBP to begin
collecting cash deposits at a rate equal
to the estimated weighted-average
dumping margins calculated in this
preliminary determination unadjusted
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for the export subsidies at the time the
CVD provisional measures expire.
These suspension of liquidation
instructions will remain in effect until
further notice.
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify
information relied upon in making its
final determination.
Public Comment
Case briefs or other written nonscope-related comments 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.11 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.12 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.13
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.14 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).15
11 Case and rebuttal briefs submitted in response
to this preliminary determination should not
include scope-related issues. See 19 CFR
351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements).
12 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).
13 See 19 CFR 351.309(c)(2) and (d)(2).
14 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
15 See APO and Service Final Rule.
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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, 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, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the
petitioners. Pursuant to 19 CFR
351.210(e)(2), Commerce requires that
requests by respondents for
postponement of a final antidumping
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On December 11, 2024, pursuant to 19
CFR 351.210(e), Shandong ConMet
requested that, in the event of an
affirmative preliminary determination,
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.16 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) the
preliminary determination is
affirmative; (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
16 See Shandong ConMet’s Letter, ‘‘Request for
Postponement of Final Determination and
Extension of Provisional Measures,’’ dated
December 11, 2024.
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months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its preliminary determination of sales at
LTFV. If the final determination is
affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after the final determination
whether imports of the subject
merchandise 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
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: January 23, 2025.
Abdelali Elouaradia,
Acting Assistant Secretary for Enforcement
and Compliance.
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Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is 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 nonsubject 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 this 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
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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 38 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 this
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. Period of Investigation
IV. Discussion of the Methodology
V. Adjustment Under Section 777A(F) of the
Act
VI. Adjustment to Cash Deposit Rate for
Export Subsidies
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2025–01891 Filed 1–28–25; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE625]
Pacific Fishery Management Council;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The Pacific Fishery
Management Council (Pacific Council)
will convene a joint webinar meeting of
its Groundfish Management Team
(GMT) and its Groundfish Advisory
Subpanel (GAP). The GMT and the GAP
will discuss items on the Pacific
Council’s March 2025 meeting agenda
and other items. This meeting is open to
the public.
DATES: The joint GMT/GAP online
meeting will be held on Wednesday,
February 19, 2025, from 10 a.m. to 1
p.m., Pacific Time. The scheduled
ending times for this meeting is an
SUMMARY:
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estimate. The meeting will adjourn
when business for the day is completed.
This meeting will be held
online. Specific meeting information,
including directions on how to attend
the meeting and system requirements
will be provided in the meeting
announcement on the Pacific Council’s
website (see www.pcouncil.org). You
may send an email to Mr. Kris
Kleinschmidt (kris.kleinschmidt@
noaa.gov) or contact him at (503) 820–
2412 for technical assistance.
Council address: Pacific Fishery
Management Council, 7700 NE
Ambassador Place, Suite 101, Portland,
OR 97220–1384.
ADDRESSES:
Jessi
Waller, Staff Officer, Pacific Council;
jessi.waller@noaa.gov, telephone: (503)
820–2426.
FOR FURTHER INFORMATION CONTACT:
The
primary purpose of the GMT and GAP
webinar is to prepare for the Pacific
Council’s March 2025 meeting agenda
items. This joint meeting is expected to
focus on groundfish agenda items.
A detailed agenda for the webinar will
be available on the Pacific Council’s
website prior to the meeting. The GMT
and GAP may also address other
assignments relating to groundfish
management. No management actions
will be decided by the GMT and GAP.
Although non-emergency issues not
contained in the meeting agenda may be
discussed, those issues may not be the
subject of formal action during this
meeting. Action will be restricted to
those issues specifically listed in this
document and any issues arising after
publication of this document that
require emergency action under section
305(c) of the Magnuson-Stevens Fishery
Conservation and Management Act,
provided the public has been notified of
the intent to take final action to address
the emergency.
SUPPLEMENTARY INFORMATION:
Special Accommodations
Requests for sign language
interpretation or other auxiliary aids
should be directed to Mr. Kris
Kleinschmidt (kris.kleinschmidt@
noaa.gov; (503) 820–2412) at least 10
days prior to the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 24, 2025.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2025–01879 Filed 1–28–25; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\29JAN1.SGM
29JAN1
Agencies
[Federal Register Volume 90, Number 18 (Wednesday, January 29, 2025)]
[Notices]
[Pages 8383-8386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01891]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-174]
Certain Brake Drums From the People's Republic of China:
Preliminary Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination and Extension of Provisional
Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain brake drums from the People's Republic of China
(China) are being, or are likely to be, sold in the United States at
less than fair value (LTFV). The period of investigation (POI) is
October 1, 2023, through March 31, 2024. Interested parties are invited
to comment on this preliminary determination.
DATES: Applicable January 29, 2025.
FOR FURTHER INFORMATION CONTACT: Samuel Frost, 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) 482-8180.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation in the Federal
Register on July 17, 2024.\1\ On July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\2\ On
November 20, 2024, Commerce postponed the preliminary determination of
this investigation until January 23, 2025.\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 Less-Than-Fair-Value
Investigations, 89 FR 58116 (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 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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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\4\ A list of topics included 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
Determination in the Less-Than-Fair-Value 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
[[Page 8384]]
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\ in
the Initiation Notice, Commerce 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. For a summary of the product
coverage comments and rebuttal responses submitted to the record for
this investigation, and accompanying discussion and analysis of all
comments timely received, see the Preliminary Scope Decision
Memorandum.\7\ As discussed in the Preliminary Scope Decision
Memorandum, Commerce preliminarily modified the scope language as it
appeared in the Initiation Notice. In the Preliminary Scope Decision
Memorandum, Commerce established the deadline for parties to submit
scope case and rebuttal briefs.
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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 58117.
\7\ See Memorandum, ``Antidumping Duty Investigations and
Countervailing Duty Investigations of Certain Brake Drums from the
People's Republic of China and the Republic of T[uuml]rkiye:
Preliminary Scope Decision Memorandum,'' dated concurrently with
this preliminary determination (Preliminary Scope Decision
Memorandum).
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated constructed export
prices in accordance with section 772(b) of the Act. Because China is a
non-market economy (NME), within the meaning of section 771(18) of the
Act, Commerce has calculated normal value in accordance with section
773(c) of the Act. Furthermore, pursuant to sections 776(a) and (b) of
the Act, Commerce preliminarily has relied upon facts otherwise
available, with adverse inferences, for the China-wide entity. For a
full description of the methodology underlying Commerce's preliminary
determination, see the Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,\8\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\9\
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\8\ See Initiation Notice, 89 FR at 58120.
\9\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
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Separate Rates
We have preliminarily granted a separate rate to certain companies
that we did not select for individual examination.\10\ In calculating
the rate for non-individually examined separate rate respondents in an
NME LTFV investigation, Commerce normally looks to section 735(c)(5)(A)
of the Act, which pertains to the calculation of the all-others rate in
a market economy LTFV investigation, for guidance. Pursuant to section
735(c)(5)(A) of the Act, normally this rate shall be an amount equal to
the weighted-average of the estimated weighted average dumping margins
established for those companies individually examined, excluding zero
and de minimis dumping margins, and any dumping margins based entirely
under section 776 of the Act. Commerce calculated an individual
estimated weighted-average dumping margin for Shandong ConMet
Mechanical Co., Ltd. (Shandong ConMet) that is not zero, de minimis, or
based entirely on facts otherwise available. Thus, the weighted-average
dumping margin calculated for Shandong ConMet is the margin assigned to
the non-examined, separate rate companies in this investigation. See
the table below in the ``Preliminary Determination'' section of this
notice.
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\10\ See Preliminary Decision Memorandum.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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Cash deposit rate
Weighted- average (adjusted for
Producer Exporter dumping margin subsidy offsets)
(percent) (percent)
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Shandong ConMet Mechanical Co., Ltd...... Shandong ConMet Mechanical 109.64 109.64
Co., Ltd.
Liaoning Hechuang CV Parts MFG Co........ Liaoning Hechuang CV Parts 109.64 109.64
MFG Co.
Hebei OE Auto Spare Parts Co., Ltd....... Ningbo Qingchen 109.64 109.64
International Trade Co.,
Ltd.
Longyao County Yiheng Auto Parts Co., Ltd Qingdao Jasmine 109.64 109.64
International Trade Co.,
Ltd.
Shandong Lingang Nonferrous Metals Co., Qingdao Tordon Brake Co., 109.64 109.64
Ltd. Ltd.
Qiqihar Beimo Auto Parts Manufacturing Qiqihar Beimo Auto Parts 109.64 109.64
Co., Ltd. Manufacturing Co., Ltd.
Shandong Lingang Nonferrous Metals Co., Shandong Haoxin Co., Ltd.... 109.64 109.64
Ltd.
Shandong Hongma Engineering Machinery Shandong Hongma Engineering 109.64 109.64
Co., Ltd. Machinery Co., Ltd.
Longyao Gucheng Automobile Parts Factory. Shandong North Autotech Co., 109.64 109.64
Ltd.
Shandong Longji Machinery Co., Ltd....... Shanghai Winsun Auto Parts 109.64 109.64
Co., Ltd.
China-Wide Entity........................ ............................ * 160.79 150.25
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* This rate is based on facts available with adverse inferences.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in the Federal Register 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
[[Page 8385]]
issues raised in the case briefs or other written comments.
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of subject merchandise as described in the scope of the investigation
section entered, or withdrawn from warehouse, for consumption on or
after the date of publication of this notice in the Federal Register,
as discussed below. Further, pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash
deposit equal to the weighted average amount by which normal value
exceeds U.S. price, as indicated in the chart above as follows: (1) for
the producer/exporter combinations listed in the table above, the cash
deposit rate is equal to the estimated weighted-average dumping margin
listed for that combination in the table; (2) for all combinations of
Chinese producers/exporters of merchandise under consideration that
have not established eligibility for their own separate rates, the cash
deposit rate will be equal to the estimated weighted-average dumping
margin established for the China-wide entity; and (3) for all third-
country exporters of merchandise under consideration not listed in the
table above, the cash deposit rate is the cash deposit rate applicable
to the Chinese producer/exporter combination (or the China-wide entity)
that supplied that third-country exporter.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. Accordingly, where Commerce has made a preliminary
affirmative determination for domestic subsidy pass-through or export
subsidies, Commerce has offset the calculated estimated weighted-
average dumping margin by the appropriate rate(s). Any such adjusted
rates may be found in the chart of estimated weighted-average dumping
margins above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting cash
deposits at a rate equal to the estimated weighted-average dumping
margins calculated in this preliminary determination unadjusted for the
export subsidies at the time the CVD provisional measures expire.
These suspension of liquidation instructions will remain in effect
until further notice.
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify information relied upon in making its final determination.
Public Comment
Case briefs or other written non-scope-related comments 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.\11\ 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.\12\ 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.\13\
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\11\ Case and rebuttal briefs submitted in response to this
preliminary determination should not include scope-related issues.
See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for general
filing requirements).
\12\ 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).
\13\ 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.\14\
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).\15\
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\14\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\15\ See APO and Service Final Rule.
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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, 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, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioners. Pursuant to 19 CFR 351.210(e)(2), Commerce requires
that requests by respondents for postponement of a final antidumping
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On December 11, 2024, pursuant to 19 CFR 351.210(e), Shandong
ConMet requested that, in the event of an affirmative preliminary
determination, Commerce postpone the final determination and that
provisional measures be extended to a period not to exceed six
months.\16\ In accordance with section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is
affirmative; (2) the requesting exporter accounts for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, Commerce is postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six
[[Page 8386]]
months. Accordingly, Commerce will make its final determination no
later than 135 days after the date of publication of this preliminary
determination.
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\16\ See Shandong ConMet's Letter, ``Request for Postponement of
Final Determination and Extension of Provisional Measures,'' dated
December 11, 2024.
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U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
determination of sales at LTFV. If the final determination is
affirmative, the ITC will determine before the later of 120 days after
the date of this preliminary determination or 45 days after the final
determination whether imports of the subject merchandise 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 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: January 23, 2025.
Abdelali Elouaradia,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation is 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 this 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 38 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 this
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. Period of Investigation
IV. Discussion of the Methodology
V. Adjustment Under Section 777A(F) of the Act
VI. Adjustment to Cash Deposit Rate for Export Subsidies
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2025-01891 Filed 1-28-25; 8:45 am]
BILLING CODE 3510-DS-P