Certain Brake Drums From the Republic of Türkiye: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 8377-8379 [2025-01892]
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8377
Notices
Federal Register
Vol. 90, No. 18
Wednesday, January 29, 2025
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–853]
Certain Brake Drums From the
Republic of Türkiye: 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 Republic of Türkiye (Türkiye)
are being, or are likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation is
April 1, 2023, through March 31, 2024.
Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
Applicable January 29, 2025.
Eric
Hawkins, 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) 482–1988.
SUPPLEMENTARY INFORMATION:
DATES:
FOR FURTHER INFORMATION CONTACT:
khammond on DSK9W7S144PROD with NOTICES
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
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).
VerDate Sep<11>2014
16:42 Jan 28, 2025
Jkt 265001
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
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 certain brake drums
from Türkiye. 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
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
Less-Than-Fair-Value Investigations, 89 FR 91675
(November 20, 2024).
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Less-Than-Fair Value Investigation of Certain Brake
Drums from the Republic of Türkiye,’’ 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).
6 See Initiation Notice, 89 FR at 58117.
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Frm 00001
Fmt 4703
Sfmt 4703
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 export prices in accordance
with section 772(a) of the Act. Normal
value is calculated in accordance with
section 773 of the Act. Furthermore,
pursuant to section 776(a) and (b) of the
Act, Commerce has preliminarily relied
upon facts otherwise available, with
adverse inferences, to assign an
estimated weighted-average dumping
margin to Akkus Dokum San. Ve Tic.
Ltd. Sti, Buyuk Eker Bijon Sanayi Ve
Ticaret, and Genk Otomotiv San. Dis
Tic. Ltd. Sti.8 For a full description of
the methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(ii) and
735(c)(5)(A) of the Act provide that, in
the preliminary determination,
Commerce shall determine an estimated
all-others rate for all exporters and
producers not individually examined.
This rate shall be an amount equal to
the weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
In this investigation, Commerce
calculated an individual estimated
weighted-average dumping margin for
Eku Fren ve Dok. San. A.S. (EKU Fren),
the only individually-examined
exporter/producer in this investigation.
Because the only individually
calculated dumping margin is not zero,
de minimis, or based entirely on facts
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 notice
(Preliminary Scope Decision Memorandum).
8 See Preliminary Decision Memorandum.
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Federal Register / Vol. 90, No. 18 / Wednesday, January 29, 2025 / Notices
khammond on DSK9W7S144PROD with NOTICES
otherwise available, the estimated
weighted-average dumping margin
calculated for EKU Fren is the margin
assigned to all other producers and
exporters, pursuant to section
735(c)(5)(A) of the Act.
deposit rate for the respondents listed
above will be equal to the companyspecific estimated weighted-average
dumping margin determined in this
preliminary determination; (2) if the
exporter is not a respondent identified
above, but the producer is, then the cash
Preliminary Determination
deposit rate will be equal to the
Commerce preliminarily determines
company-specific estimated weightedthat the following estimated weightedaverage dumping margin established for
average dumping margins exist:
that producer of the subject
merchandise; and (3) the cash deposit
Weightedrate for all other producers and
average
exporters will be equal to the all-others
Producer/exporter
dumping
margin
estimated weighted-average dumping
(percent)
margin. These suspension of liquidation
instructions will remain in effect until
Eku Fren ve Dok. San. A.S ........
12.73
further notice.
Akkus Dokum San. Ve Tic. Ltd.
Commerce normally adjusts cash
Sti ............................................
* 149.29
deposits for estimated antidumping
Buyuk Eker Bijon Sanayi Ve
Ticaret .....................................
* 149.29 duties by the amount of export subsidies
Genk Otomotiv San. Dis Tic. Ltd.
countervailed in a companion
Sti ............................................
* 149.29 countervailing duty (CVD) proceeding,
All Others ....................................
12.73 when CVD provisional measures are in
* Rate is based on facts available with ad- effect. However, as discussed in the
Preliminary Decision Memorandum,
verse inferences.
Commerce has not offset the estimated
Disclosure
weighted-average dumping margin by
Commerce intends to disclose its
the appropriate CVD rate.
calculations and analysis performed to
Verification
interested parties in this preliminary
determination within five days of any
As provided in section 782(i)(1) of the
public announcement or, if there is no
Act, Commerce intends to verify the
public announcement, within five days
information relied upon in making its
of the date of publication of this notice
final determination.
in the Federal Register in accordance
Public Comment
with 19 CFR 351.224(b).
Consistent with 19 CFR 351.224(e),
Case briefs or other written non-scope
Commerce will analyze and, if
related comments may be submitted to
appropriate, correct any timely
the Assistant Secretary for Enforcement
allegations of significant ministerial
and Compliance no later than seven
errors by amending the preliminary
days after the date on which the final
determination. However, consistent
verification report is issued in this
with 19 CFR 351.224(d), Commerce will investigation.9 Rebuttal briefs, limited to
not consider incomplete allegations that issues raised in case briefs, may be filed
do not address the significance standard not later than five days after the date for
under 19 CFR 351.224(g) following the
filing case briefs.10 Interested parties
preliminary determination. Instead,
who submit case briefs or rebuttal briefs
Commerce will address such allegations in this proceeding must submit: (1) a
in the final determination together with table of contents listing each issue; and
issues raised in the case briefs or other
(2) a table of authorities.11
written comments.
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
Suspension of Liquidation
proceedings we have encouraged
In accordance with section 733(d)(2)
interested parties to provide an
of the Act, Commerce will direct U.S.
executive summary of their briefs that
Customs and Border Protection (CBP) to should be limited to five pages total,
suspend liquidation of entries of subject including footnotes. In this
merchandise, as described in appendix
investigation, we instead request that
I, entered, or withdrawn from
interested parties provide at the
warehouse, for consumption on or after
the date of publication of this notice in
9 Case briefs and rebuttal briefs submitted in
the Federal Register. Further, pursuant
response to this preliminary LTFV determination
to section 733(d)(1)(B) of the Act and 19 should not include scope-related issues.
10 See 19 CFR 351.309(d); see also Administrative
CFR 351.205(d), Commerce will instruct
Protective Order, Service, and Other Procedures in
CBP to require a cash deposit equal to
Antidumping and Countervailing Duty Proceedings,
the estimated weighted-average
88 FR 67069, 67077 (September 29, 2023) (APO and
dumping margin or the estimated allService Final Rule).
11 See 19 CFR 351.309(c)(2) and (d)(2).
others rate, as follows: (1) the cash
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16:42 Jan 28, 2025
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beginning of their briefs a public,
executive summary for each issue raised
in their briefs.12 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 public 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 public
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).13
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 date and
time 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 petitioner.
Pursuant to 19 CFR 351.210(e)(2),
Commerce requires that requests by
respondents for postponement of a final
antidumping duty determination be
accompanied by a request for extension
of provisional measures from a fourmonth period to a period not more than
six months in duration.
12 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
13 See APO and Service Final Rule.
E:\FR\FM\29JAN1.SGM
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Federal Register / Vol. 90, No. 18 / Wednesday, January 29, 2025 / Notices
On January 8, 2025, EKU Fren
requested that Commerce postpone the
final determination in the event of an
affirmative preliminary determination
and that provisional measures be
extended to a period not to exceed 135
days.14 On January 10, 2025, Webb
Wheel Products, Inc. (the petitioner)
requested that Commerce postpone the
final determination in the event of a
negative preliminary determination.15
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
months. Accordingly, Commerce’s final
determination will be issued no later
than 135 days after the date of
publication of this preliminary
determination in the Federal Register,
pursuant to section 735(a)(2) of the Act.
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. 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
these imports 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 II
List of Topics Discussed in the Preliminary
Decision Memorandum
khammond on DSK9W7S144PROD with NOTICES
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.
14 See EKU Fren’s Letter, ‘‘EKU Fren’s Final
Determination Extension Request,’’ dated January 8,
2025.
15 See Petitioner’s Letter, ‘‘Petitioner’s Request for
Postponement of Final Determination,’’ dated
January 10, 2025.
VerDate Sep<11>2014
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
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.
16:42 Jan 28, 2025
Jkt 265001
I. Summary
II. Background
III. Period of Investigation
IV. Application of Facts Available and
Adverse Inferences
V. Discussion of the Methodology
VI. Adjustments to Cash Deposit Rates for
Export Subsidies in the Companion
Countervailing Duty Investigation
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2025–01892 Filed 1–28–25; 8:45 am]
BILLING CODE 3510–DS–P
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8379
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–853]
Large Top Mount Combination
Refrigerator-Freezers From Thailand:
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 large top mount
combination refrigerator-freezers
(refrigerators) from Thailand are being,
or are likely to be, sold in the United
States at less than fair value (LTFV). The
period of investigation (POI) is April 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:
Benito Ballesteros or Lilit Astvatsatrian,
AD/CVD Operations, Office IX,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–7425 or
(202) 482–6412, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
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
on July 16, 2024.1 On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.2 On November 18, 2024,
Commerce postponed the preliminary
determination of this investigation until
January 22, 2025.3 For a complete
description of the events that followed
the initiation of this investigation, see
1 See Large Top Mount Combination RefrigeratorFreezers from Thailand: Initiation of Less-ThanFair-Value Investigation, 89 FR 57860 (July 16,
2024) (Initiation Notice). On July 24, 2024,
Commerce published a correction to this notice. See
Large Top Mount Combination Refrigerator-Freezers
from Thailand: Correction, 89 FR 59894 (July 24,
2024).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
3 See Large Top Mount Combination RefrigeratorFreezers from Thailand: Postponement of
Preliminary Determination in the Less-Than-FairValue Investigation, 89 FR 90668 (November 18,
2024).
E:\FR\FM\29JAN1.SGM
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Agencies
[Federal Register Volume 90, Number 18 (Wednesday, January 29, 2025)]
[Notices]
[Pages 8377-8379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01892]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 90, No. 18 / Wednesday, January 29, 2025 /
Notices
[[Page 8377]]
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-853]
Certain Brake Drums From the Republic of T[uuml]rkiye:
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 Republic of T[uuml]rkiye
(T[uuml]rkiye) are being, or are likely to be, sold in the United
States at less than fair value (LTFV). The period of investigation is
April 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: Eric Hawkins, 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) 482-1988.
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\
---------------------------------------------------------------------------
\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 People's Republic of China
and the Republic of T[uuml]rkiye: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value Investigations, 89 FR
91675 (November 20, 2024).
---------------------------------------------------------------------------
For a complete description of the 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.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair Value Investigation
of Certain Brake Drums from the Republic of T[uuml]rkiye,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are certain brake drums
from T[uuml]rkiye. 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.
---------------------------------------------------------------------------
\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\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 notice (Preliminary Scope Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Normal value is calculated
in accordance with section 773 of the Act. Furthermore, pursuant to
section 776(a) and (b) of the Act, Commerce has preliminarily relied
upon facts otherwise available, with adverse inferences, to assign an
estimated weighted-average dumping margin to Akkus Dokum San. Ve Tic.
Ltd. Sti, Buyuk Eker Bijon Sanayi Ve Ticaret, and Genk Otomotiv San.
Dis Tic. Ltd. Sti.\8\ For a full description of the methodology
underlying the preliminary determination, see the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\8\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
All-Others Rate
Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that,
in the preliminary determination, Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
In this investigation, Commerce calculated an individual estimated
weighted-average dumping margin for Eku Fren ve Dok. San. A.S. (EKU
Fren), the only individually-examined exporter/producer in this
investigation. Because the only individually calculated dumping margin
is not zero, de minimis, or based entirely on facts
[[Page 8378]]
otherwise available, the estimated weighted-average dumping margin
calculated for EKU Fren is the margin assigned to all other producers
and exporters, pursuant to section 735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Eku Fren ve Dok. San. A.S................................... 12.73
Akkus Dokum San. Ve Tic. Ltd. Sti........................... * 149.29
Buyuk Eker Bijon Sanayi Ve Ticaret.......................... * 149.29
Genk Otomotiv San. Dis Tic. Ltd. Sti........................ * 149.29
All Others.................................................. 12.73
------------------------------------------------------------------------
* 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
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 entries of subject merchandise, as described in appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. 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 estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) the cash deposit rate for the respondents listed above will be
equal to the company-specific estimated weighted-average dumping margin
determined in this preliminary determination; (2) if the exporter is
not a respondent identified above, but the producer is, then the cash
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer of the subject
merchandise; and (3) the cash deposit rate for all other producers and
exporters will be equal to the all-others estimated weighted-average
dumping margin. These suspension of liquidation instructions will
remain in effect until further notice.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. However, as discussed in the Preliminary Decision
Memorandum, Commerce has not offset the estimated weighted-average
dumping margin by the appropriate CVD rate.
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
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 final verification
report is issued in this investigation.\9\ Rebuttal briefs, limited to
issues raised in case briefs, may be filed not later than five days
after the date for filing case briefs.\10\ 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.\11\
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\9\ Case briefs and rebuttal briefs submitted in response to
this preliminary LTFV determination should not include scope-related
issues.
\10\ 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).
\11\ 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.\12\
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 public 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 public 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).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ 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 date and time 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 petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires
that requests by respondents for postponement of a final antidumping
duty 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.
[[Page 8379]]
On January 8, 2025, EKU Fren requested that Commerce postpone the
final determination in the event of an affirmative preliminary
determination and that provisional measures be extended to a period not
to exceed 135 days.\14\ On January 10, 2025, Webb Wheel Products, Inc.
(the petitioner) requested that Commerce postpone the final
determination in the event of a negative preliminary determination.\15\
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 months. Accordingly, Commerce's
final determination will be issued no later than 135 days after the
date of publication of this preliminary determination in the Federal
Register, pursuant to section 735(a)(2) of the Act.
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\14\ See EKU Fren's Letter, ``EKU Fren's Final Determination
Extension Request,'' dated January 8, 2025.
\15\ See Petitioner's Letter, ``Petitioner's Request for
Postponement of Final Determination,'' dated January 10, 2025.
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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. 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 these imports 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. Application of Facts Available and Adverse Inferences
V. Discussion of the Methodology
VI. Adjustments to Cash Deposit Rates for Export Subsidies in the
Companion Countervailing Duty Investigation
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2025-01892 Filed 1-28-25; 8:45 am]
BILLING CODE 3510-DS-P