Notice2023-09962
Common Alloy Aluminum Sheet From Turkey: Preliminary Results of Antidumping Duty Administrative Review; 2020-2022
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 common alloy aluminum sheet (CAAS) from the Republic of Turkey (Turkey) was sold in the United States at less than normal value during the period of review (POR) October 15, 2020, through March 31, 2022. 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 30089-30091]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09962]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-839]
Common Alloy Aluminum Sheet From Turkey: Preliminary Results of
Antidumping Duty Administrative Review; 2020-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that common alloy aluminum sheet (CAAS) from the Republic of
Turkey (Turkey) was sold in the United States at less than normal value
during the period of review (POR) October 15, 2020, through March 31,
2022. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable May 10, 2023.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations,
[[Page 30090]]
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3148.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2021, Commerce published the antidumping duty order on
common alloy aluminum sheet from Turkey.\1\ On May 2, 2022, the
petitioners requested an administrative review of six companies.\2\ On
June 9, 2022, in accordance with 19 CFR 351.221(c)(i), Commerce
initiated an administrative review of the Order, covering two
producers/exporters selected for individual examination, Assan
Aluminyum Sanayi ve Ticaret A.S. (Assan) and Teknik Aluminyum Sanayi
A.S. (Teknik), and four additional companies not selected for
individual examination: ASAS Aluminyum Sanayi ve Ticaret A.S.; Panda
Aluminyum A.S.; PMS Metal Profil Aluminyum Sanayi ve Ticaret A.S.; and
TAC Metal Ticaret Anonim Sirketi.\3\ Pursuant to section 751(a)(3)(A)
of the Tariff Act of 1930, as amended (the Act), on December 2, 2022,
Commerce determined that it was not practicable to complete the
preliminary results of this review within 245 days and extended the
deadline for the preliminary results of this review until April 28,
2023.\4\
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\1\ See Common Alloy Aluminum Sheet from Bahrain, Brazil,
Croatia, Egypt, Germany, India, Indonesia, Italy, Oman, Romania,
Serbia, Slovenia, Southern Africa, Spain, Taiwan and the Republic of
Turkey: Antidumping Duty Orders, 86 FR 22139 (April 27, 2021)
(Order).
\2\ Aleris Rolled Products, Inc.; Arconic Corporation;
Commonwealth Rolled Products Inc.; Constellium Rolled Products
Ravenswood, LLC; JW Aluminum Company; Novelis Corporation; and
Texarkana Aluminum, Inc. (collectively, the petitioners).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Review, 87 FR 35165 (June 9, 2022). On August 23,
2022, Commerce clarified with the petitioners that they intended to
request a review of ASAS Aluminyum Sanayi ve Ticaret A.S., not ASA
Aluminyum Sanayi ve Ticaret A.S., the name listed in the initiation
notice published in June 2022. See Memorandum, ``Clarification of
Certain Companies Requested for Review,'' dated August 26, 2022. The
correct name was noted in a subsequent initiation notice published
in September 2022. See Initiation of Antidumping and Countervailing
Duty Administrative Reviews, 87 FR 54463 (September 6, 2022).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2020-2022 Antidumping Duty Administrative Review,'' dated
December 2, 2022.
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For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of topics discussed in the Preliminary Decision Memorandum is
attached as an appendix to this notice. The Preliminary Decision
Memorandum is a public document and is available via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service 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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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review: Common Alloy
Aluminum Sheet from Turkey; 2020-2022,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Order
The merchandise subject to the Order is CAAS from Turkey. Products
subject to the Order are currently classified under the Harmonized
Tariff Schedule of the United States (HTSUS) subheadings 7606.11.3060,
7606.11.6000, 7606.12.3096, 7606.12.6000, 7606.91.3095, 7606.91.6095,
7606.92.3035, and 7606.92.6095. Further, merchandise that falls within
the scope of the Order may also be entered into the United States under
HTSUS subheadings 7606.11.3030, 7606.12.3015, 7606.12.3025,
7606.12.3035, 7606.12.3091, 7606.91.3055, 7606.91.6055, 7606.92.3025,
7606.92.6055, 7607.11.9090. Although the HTSUS subheadings are provided
for convenience and customs purposes, the written description of the
merchandise subject to this scope is dispositive. For a complete
description of the scope of the Order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and (2) of the Act. We calculated export price in
accordance with section 772(a) of the Act. For a full description of
the methodology underlying these preliminary results, see the
Preliminary Decision Memorandum.
Preliminary Results of the Review
We preliminarily determine the following weighted-average dumping
margins for the period October 15, 2020, through March 31, 2022.
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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Assan Aluminyum Sanayi ve Ticaret A.S....................... 2.61
Teknik Aluminyum Sanayi A.S................................. 12.24
Non-Selected Companies...................................... 7.40
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Rate for Companies Not Individually Examined
Generally, when calculating margins for non-selected respondents,
Commerce looks to section 735(c)(5) of the Act for guidance, which
provides instructions for calculating the all-others rate in an
investigation. Section 735(c)(5)(A) of the Act provides that when
calculating the all-others rate, Commerce will exclude any zero and de
minimis weighted-average dumping margins, as well as any weighted-
average dumping margins based on total facts available. Accordingly,
Commerce's usual practice has been to average the margins for selected
respondents, excluding margins that are zero, de minimis, or based
entirely on facts available. In this review, we calculated a weighted-
average dumping margin of 2.61 percent for Assan and 12.24 percent for
Teknik. In accordance with section 735(c)(5)(A) of the Act, Commerce
has assigned the weighted average of these two calculated weighted-
average dumping margins based on their publicly ranged sales
quantities, 7.40 percent, to the non-selected companies in these
preliminary results.
Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results of review to interested parties within five days of
the date of publication of this notice in accordance with 19 CFR
351.224(b). Interested parties may submit case briefs to Commerce no
later than 30 days after the date of publication of this notice.\6\
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed not later than seven days after the date for filing case
briefs.\7\ Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) a statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\8\
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\6\ See 19 CFR 351.309(c)(1)(ii).
\7\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006,
17007 (March 26, 2020).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
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[[Page 30091]]
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically filed document must be received successfully
in its entirety by ACCESS by 5:00 p.m. Eastern Time within 30 days
after the date of publication of this notice. Requests should contain:
(1) the party's name, address, and telephone number; (2) the number of
participants; (3) whether any participant is a foreign national; and
(4) a list of issues the party intends to discuss. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs. If a request for a hearing is made, Commerce intends
to hold the hearing at a date and time to be determined.\9\
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\9\ See 19 CFR 351.310(c).
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All submissions should be filed using ACCESS,\10\ and must be
served on interested parties.\11\ Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\12\
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\10\ See 19 CFR 351.303.
\11\ See 19 CFR 351.303(f).
\12\ 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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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
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 administrative 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).
If Assan's or Teknik's weighted-average dumping margin is not zero
or de minimis (i.e., less than 0.50 percent) in the final results of
this review, Commerce intends to calculate importer-specific assessment
rates on the basis of the ratio of the total amount of dumping
calculated for each importer's examined sales to the total entered
value of those sales. Where we do not have entered values for all U.S.
sales to a particular importer, we will calculate an importer-specific,
per-unit assessment rate on the basis of the ratio of the total amount
of dumping calculated for the importer's examined sales to the total
quantity of those sales.\13\ To determine whether an importer-specific,
per-unit assessment rate is de minimis, in accordance with 19 CFR
351.106(c)(2), we also will calculate an importer-specific ad valorem
ratio based on estimated entered values. If either Assan's or Teknik's
weighted-average dumping margin is zero or de minimis or where an
importer-specific ad valorem assessment rate is zero or de minimis, we
will instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\14\
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\13\ See 19 CFR 351.212(b)(1).
\14\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Assan or
Teknik for which they did not know that the merchandise was destined
for the United States, we intend to instruct CBP to liquidate those
entries at the all-others rate in the original less-than-fair-value
investigation if there is no rate for the intermediate company(ies)
involved in the transaction.\15\
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\15\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) the company-specific cash deposit rate for
Assan and Teknik will be equal to the weighted-average dumping margin
established in the final results of this review for each respondent
(except, if that rate is de minimis within the meaning of 19 CFR
351.106(c)(1), then the cash deposit rate will be zero); (2) for
producers or exporters not covered in this review but covered in a
prior segment of the proceeding, the cash deposit rate will continue to
be the company-specific rate published for the most recently-completed
segment of this proceeding in which they were reviewed; (3) if the
exporter is not a firm covered in this review or a prior segment of the
proceeding but the producer is, then the cash deposit rate will be the
rate established for the most recently completed segment of this
proceeding for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
4.85 percent, the all-others rate established in the less-than-fair-
value investigation.\16\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\16\ See Order, 86 FR at 22142.
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h)(2) and 351.221(b)(4).
Dated: April 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2023-09962 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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