Notice2023-09961
Common Alloy Aluminum Sheet From the Republic of Turkey: Preliminary Results of the 2020-2021 Administrative Review
Primary source
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Published
May 10, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to producers and/or exporters of common alloy aluminum sheet (CAAS) from the Republic of Turkey (Turkey), during the period of review (POR) August 14, 2020, through December 31, 2021. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 90 (Wednesday, May 10, 2023)</title>
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[Federal Register Volume 88, Number 90 (Wednesday, May 10, 2023)]
[Notices]
[Pages 30092-30093]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09961]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-840]
Common Alloy Aluminum Sheet From the Republic of Turkey:
Preliminary Results of the 2020-2021 Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies were provided to producers
and/or exporters of common alloy aluminum sheet (CAAS) from the
Republic of Turkey (Turkey), during the period of review (POR) August
14, 2020, through December 31, 2021. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable May 10, 2023.
FOR FURTHER INFORMATION CONTACT: Daniel Alexander, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4313.
SUPPLEMENTARY INFORMATION:
Background
On June 9, 2022, Commerce initiated this administrative review of
the countervailing duty order on CAAS from Turkey.\1\ The mandatory
respondents are Assan Aluminyum Sanayi ve Ticaret A.S., Kibar Americas,
Inc., Kibar Dis Ticaret A.S. (collectively, Assan) and Teknik Aluminyum
Sanayi A.S. (Teknik). On December 2, 2022, Commerce extended the time
limit for these preliminary results to April 28, 2023.\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 35165 (June 9, 2022).
\2\ See Memorandum, ``Common Alloy Aluminum Sheet from the
Republic of Turkey: Extension of Deadline for Preliminary Results of
2020-2021 Countervailing Duty Administrative Review,'' dated
December 2, 2022.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\3\
A list of topics discussed in the Preliminary Decision Memorandum is
included as an appendix 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 System (ACCESS). ACCESS is available to
registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary 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, ``Decision Memorandum for the Preliminary
Results of the 2020-2021 Countervailing Duty Administrative Review
of Common Alloy Aluminum Sheet from the Republic of Turkey,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The merchandise covered by the order is CAAS from Turkey. CAAS is a
flat-rolled aluminum product having a thickness of 6.3 mm or less, but
greater than 0.2 mm, in coils or cut-to-length, regardless of width.
For a complete description of the scope of this order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs preliminarily found to be
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution from an authority that gives
rise to a benefit to the recipient and that the subsidy is specific.\4\
For a full description of the methodology underlying Commerce's
preliminary conclusions, see the Preliminary Decision Memorandum.
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\4\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Companies Not Selected for Individual Examination
The Act and Commerce's regulations do not directly address the
subsidy rate to be applied to companies not selected for individual
examination where Commerce limits its examination in an administrative
review pursuant to section 777A(e)(2) of the Act. However, Commerce
normally determines the rates for non-selected companies in reviews in
a manner that is consistent with section 705(c)(5) of the Act, which
provides instructions for calculating the all-others rate in an
investigation. Section 777A(e)(2) of the Act provides that ``the
individual countervailable subsidy rates determined under subparagraph
(A) shall be used to determine the all-others rate under section
705(c)(5) {of the Act{time} .'' Section 705(c)(5)(A) of the Act states
that for companies not investigated, in general, we will determine an
all-others rate by weight averaging the countervailable subsidy rates
established for each of the companies individually investigated,
excluding zero and de minimis rates or any rates based solely on the
facts available.
Accordingly, to determine the rate for companies not selected for
individual examination, Commerce's practice is to weight average the
net subsidy rates for the selected mandatory respondents, excluding
rates that are zero, de minimis, or based entirely on facts
available.\5\ We preliminarily determine that Assan and Teknik received
countervailable subsidies that are above de minimis and are not based
entirely on facts available for 2020. Therefore, we preliminarily
determine to apply the simple average of the net subsidy rates
calculated for Assan and Teknik to the non-selected companies for
2020.\6\ Assan is the only mandatory respondent with a calculated rate
above de minimis and not based entirely on facts available for 2021.
Therefore, we are preliminarily assigning Assan's net subsidy rate to
the non-selected companies for 2021. The sole company for which a
review was requested, and which were not selected as mandatory
respondents or found to be cross owned with a mandatory respondent, was
P.M.S. Metal Profil Aluminyum Sanayi Ve Ticaret A.S.
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\5\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
\6\ See Memorandum, ``Calculation of Subsidy Rate for Non-
Selected Companies Under Review,'' dated concurrently with this
memorandum.
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Preliminary Results of Review
As a result of this review, we preliminarily determine that, for
2020 and 2021, the following estimated countervailable subsidy rates
exist:
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Subsidy rate Subsidy rate
Company 2020 (percent 2021 (percent
ad valorem) ad valorem)
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Assan Aluminyum Sanayi ve Ticaret A.S... 3.62 1.18
Teknik Aluminyum Sanayi A.S............. 1.11 0.63
Companies Not Selected for Individual 2.37 1.18
Review.................................
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Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), Commerce preliminarily
assigned a subsidy rate in the amount for the producer/exporter shown
above. Upon completion of this administrative review, consistent with
section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review. Commerce intends to issue assessment instructions to CBP no
earlier than 35 days after the date of publication of the final results
of this review in the Federal Register. If a timely summons is filed at
the U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to
instruct CBP to collect cash deposits in the amounts indicated for the
producer/exporter listed above with regard to shipments of subject
merchandise entered or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this review. For
all non-reviewed firms, CBP will continue to collect cash deposits of
estimated countervailable duties at the all-others rate or the most
recent company-specific rate applicable to the company, as appropriate.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed in reaching the preliminary results within five days of
publication of these preliminary results, in accordance with 19 CFR
351.224(b).
Public Comment
Case briefs or other written documents may be submitted to the
Assistant Secretary for Enforcement and Compliance.\7\ A timeline for
the submission of case and rebuttal briefs and written comments will be
provided to interested parties at a later date.
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\7\ See 19 CFR 351.309(c) and (d).
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Pursuant to 19 CFR 351.301(c) and (d)(2), parties who wish to
submit case or rebuttal briefs in this review are requested to submit
for each argument: (1) a statement of the issue; (2) a brief summary of
the argument; and (3) a table of authorities. All briefs must be filed
electronically using ACCESS. Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\8\
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\8\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
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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 do so within 30 days after the date of publication of this
notice by submitting a written request to the Assistant Secretary for
Enforcement and Compliance.\9\ Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants and
whether a participant is a foreign national; and (3) a list of the
issues to be discussed. If a hearing request is made, Commerce intends
to hold the hearing at a time and date to be determined. Parties should
confirm by telephone the date, time, and location of the hearing two
days before the scheduled date.
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\9\ See 19 CFR 351.310(c).
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Unless the deadline is extended, Commerce intends to issue the
final results of this administrative review, which will include the
results of Commerce's analysis of the issues raised in the case briefs,
within 120 days after the date of the preliminary results, pursuant to
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Interested Parties
These preliminary results are issued and published pursuant to
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: April 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Rate for Non-Selected Companies
VI. Subsidies Valuation Information
VII. Benchmarks and Interest Rates
VIII. Use of Facts Otherwise Available and Application of Adverse
Inferences
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2023-09961 Filed 5-9-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 10, 2023.
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