Notice2023-24254
Common Alloy Aluminum Sheet From the Republic of Turkey: Final Results of Countervailing Duty Administrative Review, 2020-2021
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
November 2, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to certain producers and exporters of common alloy aluminum sheet (aluminum sheet) from the Republic of Turkey (Turkey). The period of review is August 14, 2020, through December 31, 2021.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 211 (Thursday, November 2, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Notices]
[Pages 75274-75276]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24254]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-840]
Common Alloy Aluminum Sheet From the Republic of Turkey: Final
Results of Countervailing Duty Administrative Review, 2020-2021
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to certain producers and
exporters of common alloy aluminum sheet (aluminum sheet) from the
Republic of Turkey (Turkey). The period of review is August 14, 2020,
through December 31, 2021.
DATES: Applicable November 2, 2023.
FOR FURTHER INFORMATION CONTACT: Dan 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.
Background
Commerce published the Preliminary Results of this review on May
10, 2023.\1\ On August 24, 2023, Commerce extended the final results of
this review to October 26, 2023.\2\ For a complete description of the
events that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Common Alloy Aluminum Sheet from the Republic of Turkey:
Preliminary Results of the 2020-2021 Administrative Review, 88 FR
30092 (May 10, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Third Extension of Deadline for Final
Results of Countervailing Duty Administrative Review,'' dated
September 28, 2023.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results in the Countervailing Duty Administration Review of
Common Alloy Aluminum Sheet from the Republic of Turkey; 2020-
2021,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order <SUP>4</SUP>
---------------------------------------------------------------------------
\4\ See Common Alloy Aluminum Sheet from Bahrain, India, and the
Republic of Turkey: Countervailing Duty Orders, 86 FR 22144 (April
27, 2021) (Order).
---------------------------------------------------------------------------
The product covered by this Order is aluminum sheet from Turkey.
For a complete description of the scope of this Order, see the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised by the interested parties in their case and
rebuttal briefs are addressed in the Issues and Decision Memorandum. A
list of these issues is provided in the appendix to this notice. The
Issues and Decision Memorandum is a public document and is on file
electronically 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 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>.
Methodology
Commerce conducted 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 found countervailable, we find that
there is a subsidy, i.e., a government-provided financial contribution
that gives rise to a benefit to the recipient, and that the subsidy is
specific.\5\ For a full description of the methodology underlying all
of Commerce's conclusions, including our reliance, in part, on facts
otherwise available, including adverse facts available, pursuant to
sections 776(a) and (b) of the Act, see the Issues and Decision
Memorandum.
---------------------------------------------------------------------------
\5\ 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.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, Commerce
revised the calculations for the net countervailable subsidy rates for
these final results of review.
Companies Not Selected for Individual Review
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 705(c)(5) of the Act, which
provides instructions for determining the all-others rate in an
investigation, for guidance when calculating the rate for companies
which were not selected
[[Page 75275]]
for individual examination in an administrative review. Under section
705(c)(5)(A) of the Act, the all-others rate is normally an amount
equal to the weighted average of the countervailable subsidy rates
established for exporters and producers individually investigated,
excluding any zero or de minimis countervailable subsidy rates, and any
rates determined entirely on the basis of facts available.
There is one company for which a review was requested and not
rescinded, and which was not selected as a mandatory respondent or
found to be cross owned with a mandatory respondent: P.M.S. Metal
Profil Aluminyum Sanayi Ve Ticaret A.S.
Assan and Teknik received countervailable subsidies that are above
de minimis and are not based entirely on facts available for 2020.\6\
Commerce calculated the all-others' rate using a simple average of the
individual estimated subsidy rates calculated for the examined
respondents.\7\ Assan and Teknik received countervailable subsidies
that are above de minimis and are not based entirely on facts available
for 2021. Therefore, we calculated the all-others' rate using a simple
average of the individual estimated subsidy rates calculated for the
examined respondents.\8\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Calculation of Subsidy Rate for Non-
Selected Companies Under Review,'' dated concurrently with this
memorandum.
\7\ With two respondents under examination, Commerce normally
calculates (A) a weighted average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly ranged U.S.
sale quantities for the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate closest to (A)
as the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). Because complete publicly ranged sales data was
not available, Commerce could not follow its normal
methodology.Therefore, we used a simple average of the estimated
subsidy rates calculated for the examined respondents.
\8\ Id.
---------------------------------------------------------------------------
Final Results of the Administrative Review
Commerce determines the net countervailable subsidy rates for the
period August 14, 2020, through December 31, 2021, to be as follows:
---------------------------------------------------------------------------
\9\ Commerce has found Kibar Holding to be cross-owned with
Assan Aluminyum Sanayi ve Ticaret A.S., pursuant to 19 CFR
351.525(b)(6)(vi); see Common Alloy Aluminum Sheet From the Republic
of Turkey: Final Affirmative Countervailing Duty Determination and
Final Affirmative Determination of Critical Circumstances, in Part,
86 FR 13315 (March 8, 2021). We also note that Assan has an
affiliated trading company through which it exported certain subject
merchandise during the POR, Kibar Dis. Kibar Dis was not selected as
a mandatory respondent, but was examined in the context of Assan.
Therefore, there is not an established CVD rate for Kibar Dis.
Instead, entries of subject merchandise exported by Kibar Dis will
receive the rate of the producer listed on the U.S. Customs and
Border Protection (CBP) entry form.
------------------------------------------------------------------------
Subsidy rate Subsidy rate
Company (percent ad (percent ad
valorem) 2020 valorem) 2021
------------------------------------------------------------------------
Assan Aluminyum Sanayi ve Ticaret A.S 3.29 1.15
\9\....................................
Teknik Aluminyum Sanayi A.S............. 1.08 0.69
Companies Not Selected for Individual 2.19 0.92
Review.................................
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations and analysis
performed for these final results of review within five days of the
date of publication of this notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
Assessment Rate
Consistent with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce shall
determine, and Customs and Border Protection shall assess,
countervailing duties on all appropriate entries covered by this
review. Commerce intends to issue assessment instructions to U.S.
Customs and Border Protection (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
In accordance with section 751(a)(1) of the Act, we also intend to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown above for the above-listed companies with
regard to shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of these
final results of review. For all non-reviewed firms, CBP will continue
to collect cash deposits of estimated countervailing duties at the all-
others rate or the most recent company-specific rate applicable to the
company, as appropriate. These cash deposit requirements, effective
upon publication of these final results, shall remain in effect until
further notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the disposition 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 terms of an APO is a sanctionable
violation.
Notification to Interested Parties
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: October 26, 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. Changes Since the Preliminary Results
IV. Scope of the Order
V. Use of Facts Available and Application of Adverse Inferences
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether Commerce Should Revise Certain of Assan's
Sales Denominators
Comment 2: Whether the ``Other Self-Reported Subsidies'' Remain
Countervailable Subsidies
[[Page 75276]]
Comment 3: Whether Commerce Should Remove the Subsidy Rate
Calculated for the Program Unemployment Insurance Law No. 4447
Comment 4: Whether Commerce Should Correct Certain Errors
Regarding Loan Calculations
Comment 5: Whether Commerce Should Revise Certain of Teknik's
Sales Denominators
Comment 6: Whether Commerce Should Revise Certain Calculations
Regarding Assistance to Offset Costs Related to the Antidumping and
Countervailing Duty Investigations
IX. Recommendation
[FR Doc. 2023-24254 Filed 11-1-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on November 2, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.