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[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]

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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.

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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\
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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 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).
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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 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 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).
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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.
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    \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).
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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.
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    \8\ See Preliminary Decision Memorandum.
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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
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