[Federal Register Volume 90, Number 153 (Tuesday, August 12, 2025)]
[Notices]
[Pages 38753-38755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-15249]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-854, C-570-175]
Certain Brake Drums From the People's Republic of China and the
Republic of T[uuml]rkiye: Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing countervailing duty (CVD) orders
on certain brake drums (brake drums) from the People's Republic of
China (China) and the Republic of T[uuml]rkiye (T[uuml]rkiye).
DATES: Applicable August 12, 2025.
FOR FURTHER INFORMATION CONTACT: Charles Doss (T[uuml]rkiye), Office
III; telephone: (202) 482-4474; and Nathan James (China), Office V,
telephone: (202)-482-5305; AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On June 18, 2025, Commerce published in the Federal Register its
affirmative final determinations in the CVD investigations of brake
drums from China and T[uuml]rkiye.\1\ On August 4, 2025, the ITC
notified Commerce of its final determinations, pursuant to section
705(d) of the Tariff Act of 1930, as amended (the Act), that an
industry in the United States is materially injured within the meaning
of section 705(b)(1)(A)(i) of the Act by reason of imports of brake
drums from China and T[uuml]rkiye.\2\
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\1\ See Certain Brake Drums from the People's Republic of China:
Final Affirmative Countervailing Duty Determination, 90 FR 26002
(June 18, 2025); and Certain Brake Drums from the Republic of
T[uuml]rkiye: Final Affirmative Countervailing Duty Determination,
90 FR 26008 (June 18, 2025) (collectively, Final Determinations).
\2\ See ITC's Letter, Investigation Nos. 701-TA-729-730 and 731-
TA-1698-1699 (Final), dated August 4, 2025.
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Scope of the Orders
The products covered by these orders are brake drums from China and
T[uuml]rkiye. For a complete description of the scope of these orders,
see the appendix to this notice.
Countervailing Duty Orders
Based on the affirmative final determinations by the ITC that an
industry in the United States is materially injured by reason of
subsidized imports of brake drums from China and T[uuml]rkiye,\3\ in
accordance with sections 705(c)(2) and 706(a) of the Act, Commerce is
issuing these CVD orders. Because the ITC determined that imports of
brake drums from China and T[uuml]rkiye are materially injuring a U.S.
industry, unliquidated entries of such merchandise entered, or
withdrawn from warehouse, for consumption, are subject to the
assessment of countervailing duties.
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\3\ Id.
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Therefore, in accordance with section 706(a) of the Act, Commerce
will direct CBP to assess, upon further instructions by Commerce,
countervailing duties on unliquidated entries of brake drums from China
and T[uuml]rkiye, or withdrawn from warehouse, for consumption on or
after December 3, 2024, the date of publication of the Preliminary
Determinations,\4\ but will not include entries occurring after the
expiration of the provisional measures period and before the
publication of the ITC's final injury determination under section
705(b) of the Act, as further described below.
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\4\ See Certain Brake Drums from the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination with Final Antidumping Duty
Determination, 89 FR 95744 (December 3, 2024); and Certain Brake
Drums from the Republic of T[uuml]rkiye: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final
Determination with Final Antidumping Duty Determination, 89 FR 95740
(December 3, 2024) (collectively, Preliminary Determinations).
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Suspension of Liquidation and Cash Deposits
In accordance with section 706 of the Act, Commerce intends to
instruct CBP to reinstitute the suspension of liquidation of brake
drums from China and T[uuml]rkiye, effective on the date of publication
of the ITC's final affirmative injury determination in the Federal
Register, and to assess, upon further instruction by Commerce, pursuant
to section 706(a)(1) of the Act, countervailing duties on each entry of
subject merchandise in an amount based on the net countervailable
subsidy rates below. These instructions suspending liquidation will
remain in effect until further notice.
Commerce also intends, pursuant to section 706(a)(1) of the Act, to
instruct CBP to require cash deposits equal to the amounts as indicated
below. Accordingly, effective on the date of publication of the ITC's
final affirmative injury determination in the Federal Register, CBP
will require, at the same time as importers would normally deposit
estimated customs duties on the subject merchandise, a cash deposit for
each entry of subject merchandise equal to the subsidy rates listed
below.\5\ The all-others rates apply to all producers or exporters not
specifically listed below, as appropriate.
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\5\ See section 706(a)(3) of the Act.
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Estimated Countervailable Subsidy Rates
The estimated countervailable subsidy rates are as follows:
China
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Subsidy rate (percent
Company ad valorem)
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CAIEC Trailer Master Co., Ltd./Trailer Master * 446.83
CVS Inc.......................................
[[Page 38754]]
Shandong ConMet Mechanical, Ltd./Weifang ConMet * 11.94
Mechanical Products Co., Ltd..................
Guangzhou Joyhand Import & Export Co........... * 446.83
Hebei Iruijin Auto Parts Co., Ltd.............. * 446.83
Henan Broad Top Metal Work, Llc................ * 446.83
Henan Valiant Braking System Co................ * 446.83
HTS (Tianjin) Supply Chain Co., Ltd............ * 446.83
Panasia CVS (HK), Ltd.......................... * 446.83
Raw King Brake Parts Co., Ltd.................. * 446.83
Tianjin Textile Group Import and Export Inc.... * 446.83
Xiamen Tinmy Industrial Co., Ltd............... * 446.83
Xingtai Xunchiyoute Auto Parts Co.............. * 446.83
Yancheng Terbon Auto Parts Co.................. * 446.83
Yantai Hongtian Autoparts Co., Ltd............. * 446.83
Zhejiang Firsd Group Co., Ltd.................. * 446.83
All Others..................................... 11.94
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* Rate based on facts available with adverse inferences.
T[uuml]rkiye
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Subsidy rate (percent
Company ad valorem)
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EKU Fren ve Dok. San. A.S...................... 2.80
Akkus Dokum San.Ve Tic.Ltd.Sti................. * 131.60
Buyuk Eker Bijon Sanayi Ve Ticaret............. * 131.60
Genk Otomotiv San.Dis Tic.Ltd.Sti.............. * 131.60
All Others..................................... 2.80
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* Rate based on facts available with adverse inferences.
Provisional Measures
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. In the underlying investigations,
Commerce published the Preliminary Determinations on December 3,
2024.\6\ As such, the four-month period beginning on the date of the
publication of the Preliminary Determinations ended on April 1, 2025.
Therefore, entries of brake drums from China and T[uuml]rkiye made on
or after April 2, 2025, and prior to the date of publication of the
ITC's final determinations in the Federal Register, are not subject to
the assessment of countervailing duties due to Commerce's
discontinuation of the suspension of liquidation.
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\6\ See Preliminary Determinations.
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In accordance with section 703(d) of the Act, Commerce instructed
CBP to terminate the suspension of liquidation and to liquidate,
without regard to countervailing duties, unliquidated entries of brake
drums from China and T[uuml]rkiye entered, or withdrawn from warehouse,
for consumption, on or after April 2, 2025, the date on which the
provisional CVD measures expired, through the day preceding the date of
publication of the ITC final injury determinations in the Federal
Register. Suspension of liquidation and the collection of cash deposits
will resume on the date of publication of the ITC final injury
determinations in the Federal Register.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of
Countervailing and Countervailing Duty Laws'' in the Federal
Register.\7\ On September 27, 2021, Commerce also published the notice
titled ``Scope Ruling Application; Annual Inquiry Service List; and
Informational Sessions'' in the Federal Register.\8\ The Final Rule and
Procedural Guidance provide that Commerce will maintain an annual
inquiry service list for each order or suspended investigation, and any
interested party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.\9\
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\7\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\8\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\9\ Id.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the
notice of an order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \10\
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\10\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of
[[Page 38755]]
publication of the order. For ease of administration, Commerce requests
that law firms with more than one attorney representing interested
parties in an order designate a lead attorney to be included on the
annual inquiry service list. Commerce will finalize the annual inquiry
service list within five business days thereafter. As mentioned in the
Procedural Guidance, the new annual inquiry service list will be in
place until the following year, when the Opportunity Notice for the
anniversary month of the order is published.
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at https://access.trade.gov.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \11\ Accordingly, as stated
above, the petitioners and foreign governments should submit their
initial entry of appearance after publication of this notice in order
to appear in the first annual inquiry service list for those orders for
which they qualify as an interested party. Pursuant to 19 CFR
351.225(n)(3), the petitioners and foreign governments will not need to
resubmit their entries of appearance each year to continue to be
included on the annual inquiry service list. However, the petitioners
and foreign governments are responsible for making amendments to their
entries of appearance during the annual update to the annual inquiry
service list in accordance with the procedures described above.
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\11\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the CVD orders with respect to brake drums
from China and T[uuml]rkiye pursuant to section 706(a) of the Act.
Interested parties can find a list of CVD orders currently in effect at
https://www.trade.gov/data-visualization/adcvd-proceedings.
These CVD orders are published in accordance with section 706(a) of
the Act and 19 CFR 351.211(b).
Dated: August 6, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The merchandise covered by these orders 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 these orders 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 these orders is classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheading
8708.30.5020. The merchandise covered by these orders 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, 8704.10, 8704.23.01, 8704.32.01,
8704.43.00, 8704.52.00, 8704.60.00, 8708.50.61, 8708.50.6500,
8716.90.5010, 8716.31.00, 8716.39.00, 8716.40.00. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the merchandise covered by these orders is
dispositive.
[FR Doc. 2025-15249 Filed 8-11-25; 8:45 am]
BILLING CODE 3510-DS-P