Notice2025-11230
Certain Brake Drums From the Republic of Türkiye: Final Affirmative Determination of Sales at Less Than Fair Value
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
June 18, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain brake drums (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.
Full Text
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<title>Federal Register, Volume 90 Issue 116 (Wednesday, June 18, 2025)</title>
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[Federal Register Volume 90, Number 116 (Wednesday, June 18, 2025)]
[Notices]
[Pages 25999-26002]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11230]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-853]
Certain Brake Drums From the Republic of T[uuml]rkiye: Final
Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain brake drums (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.
DATES: Applicable June 18, 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
On January 29, 2025, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of
brake drums from T[uuml]rkiye, in which we also postponed the final
determination until June 13, 2025.\1\ We invited interested parties to
comment on the Preliminary Determination.\2\
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\1\ See 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, 90 FR 8377 (January 29, 2025) (Preliminary
Determination) and accompanying Preliminary Decision Memorandum.
\2\ See Preliminary Determination, 90 FR at 8378.
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A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
Issues and Decision Memorandum.\3\ The Issues and Decision Memorandum
is a public document and is made available to the public via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://
[[Page 26000]]
access.trade.gov. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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 (Issues and Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are brake drums from
T[uuml]rkiye. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
During the course of this investigation, Commerce received scope
comments from parties. Commerce issued a Preliminary Scope Decision
Memorandum to address these comments and set aside a period of time for
parties to address scope issues in scope-specific case and rebuttal
briefs.\4\ We received comments from parties on the Preliminary Scope
Decision Memorandum, which we address in the Final Scope Decision
Memorandum.\5\ We have included additional Harmonized Tariff Schedule
of the United States (HTSUS) subheadings in the scope of the
investigation as compared with the scope published in the Preliminary
Determination, as shown in Appendix I.
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\4\ 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 January 23, 2024
(Preliminary Scope Decision Memorandum).
\5\ See Memorandum, ``Antidumping Duty and Countervailing Duty
Investigations of Certain Brake Drums from the People's Republic of
China and the Republic of T[uuml]rkiye: Final Scope Decision
Memorandum,'' dated concurrently with this notice (Final Scope
Decision Memorandum).
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Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), in March and April 2025, Commerce verified the sales and
cost information submitted by EKU Fren ve Dok. San. A.S. (EKU Fren),
for use in our final determination. We used standard verification
procedures, including an examination of relevant sales and accounting
records, and original source documents provided by EKU Fren.\6\
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\6\ See Memoranda, ``Verification of the Sales Responses of EKU
Fren ve Dok. San. A.S. in the Less-Than-Fair-Value Investigation of
Certain Brake Drums from the Republic of T[uuml]rkiye,'' dated May
9, 2025; see also ``Verification of the Cost Responses of EKU Fren
ve Dok. San. A.S. in the Less-Than-Fair-Value Investigation of
Certain Brake Drums from the Republic of T[uuml]rkiye,'' dated May
12, 2025.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. For a list of the issues raised by interested
parties and addressed in the Issues and Decision Memorandum, see
Appendix II to this notice.
Changes Since the Preliminary Determination
We made certain changes to the margin calculations for EKU Fren
since the Preliminary Determination. For a discussion of these changes,
see the Issues and Decision Memorandum.
Use of Facts Available With Adverse Inferences
For the purposes of this final determination we find that, pursuant
to section 776(a)(1) of the Act, the use of facts available with
adverse inferences is warranted in determining the weighted-average
dumping margin for non-responsive companies. For further discussion of
these issues, see the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act, i.e., facts otherwise available.
Pursuant to section 735(c)(5)(B) of the Act, if the estimated
weighted-average dumping margins established for all exporters and
producers individually examined are zero, de minimis, or determined
based entirely on facts otherwise available, Commerce may use any
reasonable method to establish the estimated weighted-average dumping
margin for all other producers or exporters.
In this investigation, Commerce calculated an individual estimated
weighted-average dumping margin for EKU Fren, the only individually-
examined exporter/producer in this investigation. Because EKU Fren's
dumping margin is not zero, de minimis, or based entirely on facts
otherwise available, Commerce is assigning EKU Fren's dumping margin to
all other producers and exporters not individually examined.
Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
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\7\ In the companion countervailing duty (CVD) investigation,
Commerce calculated a 2.36 percent export subsidy rate for EKU Fren.
See unpublished Federal Register notice titled, ``Certain Brake
Drums from the Republic of T[uuml]rkiye: Final Affirmative
Countervailing Duty Determination,'' dated concurrently with this
notice.
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Weighted-average
Producer/exporter dumping margin Cash deposit rate (adjusted for subsidy
(percent) offsets) (percent) \7\
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EKU Fren ve Dok. San. A.S.................. 15.22 12.86
Akkus Dokum San. Ve Tic. Ltd. Sti.......... * 149.29 146.93
Buyuk Eker Bijon Sanayi Ve Ticaret......... * 149.29 146.93
Genk Otomotiv San. Dis Tic. Ltd. Sti....... * 149.29 146.93
All Others................................. 15.22 12.86
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* Rate is based on facts available with adverse inferences.
Disclosure
We intend to disclose the calculations performed in this final
determination to interested parties 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).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend
[[Page 26001]]
liquidation of subject merchandise entries, as described in Appendix I
of this notice, which are entered, or withdrawn from warehouse, for
consumption on or after January 29, 2025, the date of publication in
the Federal Register of the Preliminary Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), where appropriate, we 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
companies listed in the table above will be equal to the company-
specific estimated weighted-average dumping margin determined in this
final 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.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of export
subsidies countervailed in a companion CVD proceeding, when CVD
provisional measures are in effect. Accordingly, where Commerce has
made a final affirmative determination for countervailable export
subsidies, Commerce offsets the estimated weighted-average dumping
margin by the appropriate CVD rate. Commerce would adjust the cash
deposit rate for export subsidies in the companion CVD investigation by
the appropriate export subsidy rate; however, suspension of liquidation
of provisional measures in the companion CVD proceeding has been
discontinued.\8\ Therefore, we are not instructing CBP to collect cash
deposits based upon the adjusted estimated weighted-average dumping
margin for those export subsidies at this time. If the U.S.
International Trade Commission (ITC) makes a final affirmative
determination of injury due to both dumping and subsidies, then the
cash deposit rate will be revised effective on the date of the
publication of the ITC's final affirmative determination in the Federal
Register to be the company-specific estimated weighted-average dumping
margin adjusted for export subsidies.
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\8\ See section 703(d) of the Act, which states that the
provisional measures may not be in effect for more than four months,
which in the companion CVD case is 120 days after the publication of
the preliminary determination, or April 1, 2025 (i.e., the last day
provisional measures are in effect).
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ITC Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of our final affirmative determination of sales at LTFV. As
Commerce's final determination is affirmative, in accordance with
section 735(b)(2) of the Act, the ITC will determine, within 45 days,
whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports of
brake drums from T[uuml]rkiye. If the ITC determines that material
injury or threat of material injury does not exist, the proceeding will
be terminated and all cash deposits will be refunded or canceled, and
suspension of liquidation will be lifted. If the ITC determines that
such injury does exist, Commerce will issue an antidumping duty order
directing CBP to assess, upon further instruction by Commerce,
antidumping duties on all imports of the subject merchandise that are
entered, or withdrawn from warehouse, for consumption on or after the
effective date of the suspension of liquidation, as discussed above in
the section, ``Continuation of Suspension of Liquidation.'' In
addition, we are making available to the ITC all non-privileged and
non-proprietary information in our files, provided the ITC confirms
that it will not disclose such information, either publicly or under
administrative protective order (APO), without the written consent of
the Assistant Secretary for Enforcement and Compliance.
Administrative Protective Order
This notice will serve as the final reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return or destruction
of APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a violation which is subject to sanction.
Notification to Interested Parties
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR
351.210(c).
Dated: June 13, 2025.
Steven Presing,
Acting Deputy Assistant Secretary for Policy and Negotiations.
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,
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 this investigation is dispositive.
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Appendix II
List of Topics Discussed in the Issues Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Discussion of the Issues
Comment 1: Whether Commerce Should Have Selected Two Mandatory
Respondents
Comment 2: Whether Commerce Should Base Buyuk Eker Bijon Sanayi
Ve Ticaret (Buyuk Eker)'s Final Margin on Adverse Facts Available
(AFA)
Comment 3: Whether Commerce Should Perform Its Dumping Margin
Analysis Using the Average-to-Average (A-to-A) Comparison Method or
an Alternative
Comment 4: Whether Commerce Should Assign Partial AFA to
Unreliable Data Fields
Comment 5: Whether to Apply AFA to EKU Fren's Direct Material
Costs
Comment 6: Whether to Continue to Include an Upward Adjustment
to Cost of Manufacturing (COM)
Comment 7: Whether to Include Certain Exchange Rate Gains in the
Calculation of the General and Administrative (G&A) Expense Ratio
Comment 8: Whether to Include Certain Reconciling Items from the
Cost Reconciliation in COM
V. Recommendation
[FR Doc. 2025-11230 Filed 6-17-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 18, 2025.
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