Notice2024-20070
Certain Brake Drums From the People's Republic of China and the Republic of Türkiye: Postponement of Preliminary Determinations in the Countervailing Duty Investigations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 6, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 89 Issue 173 (Friday, September 6, 2024)</title>
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[Federal Register Volume 89, Number 173 (Friday, September 6, 2024)]
[Notices]
[Pages 72827-72828]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20070]
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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: Postponement of Preliminary Determinations in
the Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable September 6, 2024.
FOR FURTHER INFORMATION CONTACT: Nathan James at (202) 482-5305 (the
People's Republic of China (China)); Kyle Clahane at (202) 482-5449
(the Republic of T[uuml]rkiye (T[uuml]rkiye)), 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 July 10, 2024, the U.S. Department of Commerce (Commerce)
initiated countervailing duty (CVD) investigations of imports of
certain brake drums (brake drums) from China and T[uuml]rkiye.\1\ On
July 22, 2024, Commerce tolled certain deadlines in this administrative
proceeding by seven days.\2\ Currently, the preliminary determinations
are due no later than September 20, 2024.
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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 Countervailing Duty
Investigations, 89 FR 58106 (July 17, 2024) (Initiation Notice).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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Postponement of Preliminary Determinations
Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act),
requires Commerce to issue the preliminary determination in a
countervailing duty investigation within 65 days after the date on
which Commerce initiated the investigation. However, section 703(c)(1)
of the Act permits Commerce to postpone the preliminary determination
until no later than 130 days after the date on which Commerce initiated
the investigation if: (A) the petitioner \3\ makes a timely request for
a postponement; or (B) Commerce concludes that the parties concerned
are cooperating, that the investigation is extraordinarily complicated,
and that additional time is necessary to make a preliminary
determination. Under 19 CFR 351.205(e), the petitioner must submit a
request for postponement 25 days or more before the scheduled date of
the preliminary determination and must state the reasons for the
request. Commerce will grant the request unless it finds compelling
reasons to deny the request.
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\3\ The petitioner is Webb Wheel Products, Inc.
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On August 26, 2024, the petitioner submitted a timely request that
Commerce postpone the preliminary CVD determinations.\4\ The petitioner
stated that it requests postponement to allow Commerce to collect the
necessary information for determining the most accurate possible CVD
subsidy rates, because the respondents in both investigations have yet
to file their full questionnaire responses, which gives Commerce little
or no time to review responses from respondents, issue supplemental
questionnaires, or consider deficiency comments before reaching a
preliminary determination.\5\
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\4\ See Petitioner's Letter, ``Request for Postponement of
Preliminary Determinations,'' dated August 26, 2024.
\5\ Id.
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In accordance with 19 CFR 351.205(e), the petitioner has stated the
reasons for requesting a postponement of the preliminary
determinations, and Commerce finds no compelling reason to deny the
request. Therefore, in accordance with section 703(c)(1)(A) of the Act,
Commerce is postponing the deadline for the preliminary determinations
to no later than 130 days after the date on which these investigations
were initiated, i.e., November 25, 2024.\6\ Pursuant to section
705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the
final determinations of these investigations will continue to be 75
days after the date of the preliminary determinations.
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\6\ This deadline has been tolled by seven days. See footnote 2,
supra. Additionally, postponing the preliminary determination makes
the deadline Sunday, November 24, 2024. Commerce's practice dictates
that where a deadline falls on a weekend or federal holiday, the
appropriate deadline is the next business day. See Notice of
Clarification: Application of ``Next Business Day'' Rule for
Administrative Determination Deadlines Pursuant to the Tariff Act of
1930, As Amended, 70 FR 24533 (May 10, 2005).
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Notification to Interested Parties
This notice is issued and published pursuant to section 703(c)(2)
of the Act and 19 CFR 351.205(f)(1).
[[Page 72828]]
Dated: August 30, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2024-20070 Filed 9-5-24; 8:45 am]
BILLING CODE 3510-DS-P
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