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Certain Brake Drums From the People's Republic of China and the Republic of T[uuml]rkiye: Initiation of Countervailing Duty Investigations Publication: Federal Register Agency: International Trade Administration Byline: Abdelali Elouaradia Date: 17 July 2024 Subject: American Government 
Topic: |
[Federal Register Volume 89, Number 137 (Wednesday, July 17, 2024)]
[Notices]
[Pages 58106-58110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15713]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-175, C-489-854]
Certain Brake Drums From the People's Republic of China and the
Republic of T[uuml]rkiye: Initiation of Countervailing Duty
Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable July 10, 2024.
FOR FURTHER INFORMATION CONTACT: Nathan James (the People's Republic of
China (China)), and Kyle Clahane (Republic of T[uuml]rkiye
(T[uuml]rkiye)), AD/CVD Operations, Offices V and III, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-5305, and (202) 482-5449, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On June 20, 2024, the U.S. Department of Commerce (Commerce)
received countervailing duty (CVD) petitions concerning imports of
certain brake drums (brake drums), from China and T[uuml]rkiye filed in
proper form on behalf of Webb Wheel Products, Inc. (the petitioner), a
U.S. producer of brake drums.\1\ The CVD petitions were accompanied by
antidumping duty (AD) petitions concerning imports of brake drums from
China and T[uuml]rkiye.\2\
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\1\ See Petitioner's Letters, ``Antidumping and Countervailing
Duty Petitions on Behalf of Webb Wheel Products Inc.,'' dated June
20, 2024 (Petitions).
\2\ See, generally, Petitions.
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Between June 24 and July 5, 2024, Commerce requested supplemental
information pertaining to certain aspects of the Petitions.\3\ Between
June 28 and July 8, 2024, the petitioner filed timely responses to
these requests for additional information.\4\
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\3\ See Commerce's Letters, ``Supplemental Questionnaire,''
dated June 24, 2024 (General Issues Questionnaire); ``Petition for
the Imposition of Countervailing Duties on Imports of Certain Brake
Drums from the Republic of T[uuml]rkiye: Supplemental Questions,''
dated June 24, 2024; ``Petition for the Imposition of Countervailing
Duties on Imports of Certain Brake Drums from China: Supplemental
Questions,'' dated June 25, 2024; and ``Supplemental Questions,''
dated July 5, 2024; see also Memoranda, ``Phone Call with Counsel to
the Petitioner,'' dated July 2, 2024 (July 2, 2024, Memorandum).
\4\ See Petitioner's Letters, ``Supplemental Questionnaire
Response, Volume I,'' dated June 28, 2024 (General Issues
Supplement); ``Certain Brake Drums from T[uuml]rkiye: Supplemental
Questionnaire Response, Volume V,'' dated July 1, 2024; ``Certain
Brake Drums from the People's Republic of China: Supplemental
Questionnaire Response,'' dated July 2, 2024; ``Supplemental
Questionnaire Response, Volume I,'' dated July 5, 2024 (Second
General Issues Supplement); and ``Supplemental Questionnaire
Response, Volume I,'' dated July 8, 2024 (Industry Support
Supplement).
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of China
(GOC) and the Government of T[uuml]rkiye (GOT) (collectively,
Governments) are providing countervailable subsidies, within the
meaning of sections 701 and 771(5) of the Act, to producers of brake
drums from China and T[uuml]rkiye, and that such imports are materially
injuring, or threatening material injury to, the domestic industry
producing brake drums in the United States. Consistent with section
702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs
on which we are initiating CVD investigations, the Petitions were
accompanied by information reasonably available to the petitioner
supporting its allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry because the petitioner is an interested party as
defined in section 771(9)(C) of the Act. Commerce also finds that the
petitioner demonstrated sufficient industry support with respect to the
initiation of the requested CVD investigations.\5\
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\5\ See section on ``Determination of Industry Support for the
Petitions,'' infra.
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Periods of Investigation
Because the Petitions were filed on June 20, 2024, the periods of
investigation for the China and T[uuml]rkiye CVD investigations are
January 1, 2023, through December 31, 2023.\6\
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\6\ See 19 CFR 351.204(b)(2).
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Scope of the Investigations
The products covered by these investigations are brake drums from
China and T[uuml]rkiye. For a full description of the scope of these
investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
Between June 24 and July 2, 2024, Commerce requested information
and clarification from the petitioner regarding the proposed scope to
ensure that the scope language in the Petitions is an accurate
reflection of the products for which the domestic industry is seeking
relief.\7\ Between June 28 and July 5, 2024, the petitioner provided
clarifications and revised the scope.\8\ The description of merchandise
covered by these investigations, as shown in the appendix to this
notice, reflects these clarifications.
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\7\ See General Issues Questionnaire; see also July 2
Memorandum.
\8\ See First General Issues Supplement at 1-2 and Exhibit I-S1-
3; and Second General Issues Supplement at 1-2.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\9\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information, all such
factual information should be limited to public information.\10\ To
facilitate preparation of its questionnaires, Commerce requests that
scope comments be submitted by 5:00 p.m. Eastern Time (ET) on July 30,
2024, which is 20 calendar days from the signature date of this
notice.\11\ Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on August 9, 2024, which is
10 calendar days from the initial comment deadline.
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\9\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\11\ See 19 CFR 351.303(b)(1).
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Commerce requests that any factual information that parties
consider relevant to the scope of the investigations be submitted
during that time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party must contact Commerce and
request permission to
[[Page 58107]]
submit the additional information. All scope comments must be filed
simultaneously on the records of the concurrent AD and CVD
investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\12\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\12\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the Governments of the receipt of the Petitions and provided
an opportunity for consultations with respect to the Petitions.\13\
Commerce held consultations with the GOT on July 9, 2024.\14\ The GOC
filed consultation remarks in lieu of consultations on July 8,
2024.\15\
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\13\ See Commerce's Letters, ``Petition for the Imposition of
Countervailing Duties on Imports of Certain Brake Drums from China:
Invitation for Consultations,'' dated June 25, 2024; and
``Countervailing Duty Petition on Certain Brake Drums from the
Republic of T[uuml]rkiye,'' dated June 20, 2024.
\14\ See Memorandum, ``Consultation with Officials from
Government of T[uuml]rkiye,'' dated July 9, 2024.
\15\ See GOC's Letter, ``Comments on Countervailing Duty
Petition on Certain Brake Drums from the People's Republic of China
(C-570-175),'' dated July 8, 2024.
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Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC apply the same statutory definition regarding the domestic like
product,\16\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\17\
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\16\ See section 771(10) of the Act.
\17\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\18\ Based on our analysis of the information
submitted on the record, we have determined that brake drums, as
defined in the scope, constitute a single domestic like product, and we
have analyzed industry support in terms of that domestic like
product.\19\
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\18\ See Petitions at Volume I (pages I-9 through I-13 and
Exhibits I-2 through I-4 and I-7); see also First General Issues
Supplement at 4-7 and Exhibits I-SI-5 through I-S1-7); and Industry
Support Supplement at 1.
\19\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Countervailing Duty Investigation Initiation
Checklists: Certain Brake Drums from the People's Republic of China
and the Republic of T[uuml]rkiye,'' dated concurrently with, and
hereby adopted by, this notice (Country-Specific CVD Initiation
Checklists), at Attachment II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions Covering Certain Brake
Drums from the People's Republic of China and the Republic of
T[uuml]rkiye (Attachment II). These checklists are on file
electronically via ACCESS.
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In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. The petitioner estimated the 2023 production of the
domestic like product for the only other known producer of brake drums
in the United States.\20\ The petitioner compared its production to the
estimated total 2023 production of the domestic like product for the
entire domestic industry.\21\ We relied on data provided by the
petitioner for purposes of measuring industry support.\22\
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\20\ See Petitions at Volume I (pages I-2 and I-3 and Exhibits
I-1 and I-7); see also First General Issues Supplement at 2-3 and
Exhibits I-S1-1 and I-S1-2.
\21\ See Petitions at Volume I (pages I-2 and I-3 and Exhibit I-
1); see also First General Issues Supplement at 3 and Exhibit I-S1-
2.
\22\ See Petition at Volume I (pages I-2 and I-3 and Exhibits I-
1 and I-7); see also First General Issues Supplement at 2-4 and
Exhibits I-S1-1, I-S1-2, and I-S4; and Industry Support Supplement
at 1-3. For further discussion, see Attachment II of the Country-
Specific CVD Initiation Checklists.
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Our review of the data provided in the Petitions, the First General
Issues Supplement, the Industry Support Supplement, and other
information readily available to Commerce indicates that the petitioner
has established industry support for the Petitions.\23\ First, the
Petitions established support from domestic producers (or workers)
accounting for more than 50 percent of the total production of the
domestic like product and, as such, Commerce is not required to take
further action to evaluate industry support (e.g., polling).\24\
Second, the domestic producers (or workers) have met the statutory
criteria for industry support under section 702(c)(4)(A)(i) of the Act
because the domestic producers (or workers) who support the Petitions
account for at least 25 percent of the total production of the domestic
like
[[Page 58108]]
product.\25\ Finally, the domestic producers (or workers) have met the
statutory criteria for industry support under section 702(c)(4)(A)(ii)
of the Act because the domestic producers (or workers) who support the
Petitions account for more than 50 percent of the production of the
domestic like product produced by that portion of the industry
expressing support for, or opposition to, the Petitions.\26\
Accordingly, Commerce determines that the Petitions were filed on
behalf of the domestic industry within the meaning of section 702(b)(1)
of the Act.\27\
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\23\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
\24\ Id.; see also section 702(c)(4)(D) of the Act.
\25\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
\26\ Id.
\27\ Id.
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Injury Test
Because China and T[uuml]rkiye are ``Subsidies Agreement
Countries'' within the meaning of section 701(b) of the Act, section
701(a)(2) of the Act applies to these investigations. Accordingly, the
ITC must determine whether imports of the subject merchandise from
China and/or T[uuml]rkiye materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefiting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports from China and T[uuml]rkiye individually
exceed the negligibility threshold provided for under section
771(24)(A) of the Act.\28\
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\28\ See Petitions at Volume I (pages I-13 and I-14 and Exhibit
I-8).
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The petitioner contends that the industry's injured condition is
illustrated by the significant and increasing volume of subject
imports; decreased market share; underselling and price depression and/
or suppression; lost sales and revenues; decline in capacity
utilization, production, and U.S. sales quantity; decline in
production-related workers; and decline in operating margins.\29\ We
assessed the allegations and supporting evidence regarding material
injury, threat of material injury, causation, cumulation, as well as
negligibility, and we have determined that these allegations are
properly supported by adequate evidence and meet the statutory
requirements for initiation.\30\
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\29\ Id. at I-13 through I-36 and Exhibits I-7 through I-25; see
also First General Issues Supplement at 7 and Exhibits I-S1-8 and I-
S1-9.
\30\ See Country-Specific CVD Initiation Checklists at
Attachment III, Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and Countervailing Duty
Petitions Covering Certain Brake Drums from the People's Republic of
China and the Republic of T[uuml]rkiye.
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Initiation of CVD Investigations
Based upon our examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating CVD investigations to determine
whether imports of brake drums from China and T[uuml]rkiye benefit from
countervailable subsidies conferred by the GOC and the GOT,
respectively. In accordance with section 703(b)(1) of the Act and 19
CFR 351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 65 days after the date of these
initiations.
China
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 17 of the 18
programs alleged by the petitioner. For a full discussion of the basis
of our initiation decision for each program, see the China CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
T[uuml]rkiye
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 44 of the 47
of the programs alleged by the petitioner. For a full discussion of the
basis of our initiation decision for each program, see the T[uuml]rkiye
CVD Initiation Checklist. A public version of the initiation checklist
for this investigation is available on ACCESS.
Respondent Selection
In the Petitions, the petitioner identified 54 companies in China,
and 19 companies in T[uuml]rkiye, as producers or exporters of brake
drums.\31\ Commerce intends to follow its standard practice in CVD
investigations and calculate company-specific subsidy rates in these
investigations.
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\31\ See Petitions at Volume I (Exhibit I-5).
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In the event that Commerce determines that the number of companies
is large and it cannot individually examine each company based on
Commerce's resources, Commerce normally selects mandatory respondents
in CVD investigations using U.S. Customs and Border Protection (CBP)
entry data for U.S. imports under the appropriate Harmonized Tariff
Schedule of the United States (HTSUS) subheading(s) listed in the
``Scope of the Investigations'' in the appendix. However, for these
investigations, the main HTSUS subheading under which the subject
merchandise would enter (8708.30.5020) is a basket category under which
non-subject merchandise may also enter. Therefore, we cannot rely on
CBP entry data in selecting respondents. Notwithstanding the decision
to rely on Q&V questionnaires for respondent selection, due to the
number of producers and/or exporters identified in the Petitions,
Commerce has determined to limit the number of Q&V questionnaires that
it will issue to producers and/or exporters based on CBP data for brake
drums from China and T[uuml]rkiye during the POI under the appropriate
HTSUS subheading listed in the ``Scope of the Investigations,'' in the
appendix. Accordingly, for China and T[uuml]rkiye, Commerce will send
Q&V questionnaires to the largest producers and/or exporters that are
identified in the CBP entry data for which there is complete address
information on the record.
Commerce will also post the Q&V questionnaires along with filing
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Exporters/producers of brake drums from China and
T[uuml]rkiye that do not receive Q&V questionnaires may still submit a
response to the Q&V questionnaire and can obtain a copy of the Q&V
questionnaire from Commerce's website. Responses to the Q&V
questionnaire must be submitted by the relevant producers/exporters no
later than 5:00 p.m. on July 24, 2024, which is two weeks from the
signature date of this notice. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the deadline noted above. Commerce intends to finalize its
decision regarding respondent selection within 20 days of publication
of this notice.
Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petitions has been
provided to the GOC and GOT via ACCESS. To the extent practicable, we
will attempt to provide a copy of the public version of the Petitions
to each exporter named in the Petitions, as provided under 19 CFR
351.203(c)(2).
[[Page 58109]]
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of brake drums from China and/or T[uuml]rkiye
are materially injuring, or threatening material injury to, a U.S.
industry.\32\ A negative ITC determination for any country will result
in the investigation being terminated with respect to that country.\33\
Otherwise, these CVD investigations will proceed according to statutory
and regulatory time limits.
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\32\ See section 703(a)(1) of the Act.
\33\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors of production under 19 CFR 351.408(c) or
to measure the adequacy of remuneration under 19 CFR 351.511(a)(2);
(iv) evidence placed on the record by Commerce; and (v) evidence other
than factual information described in (i)-(iv). Section 351.301(b) of
Commerce's regulations requires any party, when submitting factual
information, to specify under which subsection of 19 CFR 351.102(b)(21)
the information is being submitted \34\ and, if the information is
submitted to rebut, clarify, or correct factual information already on
the record, to provide an explanation identifying the information
already on the record that the factual information seeks to rebut,
clarify, or correct.\35\ Time limits for the submission of factual
information are addressed in 19 CFR 351.301, which provides specific
time limits based on the type of factual information being submitted.
Interested parties should review the regulations prior to submitting
factual information in these investigations.
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\34\ See 19 CFR 351.301(b).
\35\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\36\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in these investigations.\37\
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\36\ See 19 CFR 351.302.
\37\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\38\
Parties must use the certification formats provided in 19 CFR
351.303(g).\39\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\38\ See section 782(b) of the Act.
\39\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letters of
appearance). Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\40\
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\40\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 702 and
777(i) of the Act, and 19 CFR 351.203(c).
Dated: July 10, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The merchandise covered by these investigations 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 investigations if performed in the country of
manufacture of the subject brake drums. The inclusion, attachment,
joining, or assembly of non-subject merchandise with subject drums
either in the country of manufacture of the subject drum or in a
third country does not remove the subject drum from the scope.
Specifically excluded is merchandise covered by the scope of the
antidumping and countervailing duty orders on certain chassis and
subassemblies thereof from the People's Republic of China. See
Certain Chassis and Subassemblies Thereof from the People's Republic
of China: Antidumping Duty Order, 86 FR 36093 (July 8, 2021) and
Certain Chassis and Subassemblies Thereof From the People's Republic
of China: Countervailing Duty Order and Amended Final Affirmative
Countervailing Duty Determination, 86 FR 24844 (May 10, 2021).
The scope also excludes composite brake drums that contain more
than 40 percent steel by weight.
The merchandise covered by these investigations is classifiable
under Harmonized Tariff Schedule of the United States (HTSUS)
subheading 8708.30.5020. The merchandise covered by these
investigations may be classifiable under HTSUS subheading
8708.30.5090 when entered as part of an assembly. Subject
merchandise may also enter under HTSUS
[[Page 58110]]
subheading 8716.90.5060. Although the HTSUS subheadings are provided
for convenience and customs purposes, the written description of the
merchandise covered by these investigations is dispositive.
[FR Doc. 2024-15713 Filed 7-16-24; 8:45 am]
BILLING CODE 3510-DS-P