Notice2023-24886
Common Alloy Aluminum Sheet From Turkey: Final Results of Antidumping Duty Administrative Review; 2020-2022
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 13, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) 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.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 217 (Monday, November 13, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Notices]
[Pages 77550-77551]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24886]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-839]
Common Alloy Aluminum Sheet From Turkey: Final 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) 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.
DATES: Applicable November 13, 2023.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley, 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) 482-3148.
SUPPLEMENTARY INFORMATION:
Background
On May 10, 2023, Commerce published its Preliminary Results in the
Federal Register and invited interested parties to comment.\1\ The
review covers the mandatory respondents Assan Aluminyum Sanayi ve
Ticaret A.S., Kibar Americas, Inc., and Kibar Dis Ticaret A.S.
(collectively, Assan) and Teknik Aluminyum Sanayi A.S. (Teknik) as well
as four companies not selected for individual examination. A summary of
the events that occurred since publication of the Preliminary Results,
as well as a full discussion of the issues raised by parties for these
final results, are discussed in the Issues and Decision Memorandum.\2\
Commerce conducted this administrative review in accordance with
section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Common Alloy Aluminum Sheet from Turkey: Preliminary
Results of Antidumping Duty Administrative Review; 2020-2022, 88 FR
30089 (May 10, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Common Alloy Aluminum Sheet from Turkey; 2020-2022,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order <SUP>3</SUP>
---------------------------------------------------------------------------
\3\ See Common Alloy Aluminum Sheet from Bahrain, Brazil,
Croatia, Egypt, Germany, India, Indonesia, Italy, Oman, Romania,
Serbia, Slovenia, South Africa, Spain, Taiwan and the Republic of
Turkey: Antidumping Duty Orders, 86 FR 22139 (April 27, 2021)
(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.
Analysis of Comments Received
All issues raised in parties' case and rebuttal briefs are
addressed in the Issues and Decision Memorandum and are listed 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>.
Changes Since the Preliminary Results
Based on our analysis of the comments received from interested
parties, Commerce made certain changes to the margin calculations for
Assan Aluminyum Sanayi ve Ticaret A.S. (Assan) and Teknik Aluminyum
Sanayi A.S. (Teknik).\4\
---------------------------------------------------------------------------
\4\ See the Issues and Decision Memorandum for descriptions of
these changes.
---------------------------------------------------------------------------
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a weighted-average dumping margin to be determined for
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 735(c)(5)
of the Act, which provides instructions for calculating the all-others
rate in an investigation, for guidance when determining the weighted-
average dumping margin for companies which were not selected for
individual examination in an administrative review. Under section
735(c)(5)(A) of the Act, the all-others rate is normally an amount
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 on the basis of facts available. For these final results of
review, we calculated weighted-average dumping margins for Assan and
Teknik that are not zero, de minimis, or based entirely on facts
available. Therefore, consistent with Commerce's practice, we
determined a dumping margin for the non-examined companies by weight-
averaging the margins for Assan and Teknik using publicly ranged sales
values for sales of subject merchandise to the United States.
Final Results of the Administrative Review
We determine that the following weighted-average dumping margins
exist for the period October 15, 2020, through March 31, 2022.
------------------------------------------------------------------------
Weight-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Assan Aluminyum Sanayi ve Ticaret A.S....................... 1.25
Teknik Aluminyum Sanayi A.S................................. 18.20
[[Page 77551]]
Non-Selected Companies \5\.................................. 10.88
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\5\ 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.
---------------------------------------------------------------------------
We intend to disclose the calculations performed in connection with
these final results to interested parties in this proceeding within
five days of the date of publication of this notice, in accordance with
19 CFR 351.224(b).
Assessment Rates
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries in
this review, in accordance with section 751(a)(2)(C) of the Act and 19
CFR 351.212(b). Commerce intends to issue assessment instructions to
CBP no earlier than 35 days after the date of publication of these
final results 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).
Pursuant to 19 CFR 351.212(b)(1), because Assan's and Teknik's
weighted-average dumping margin is not zero or de minimis (i.e., less
than 0.5 percent), we calculated importer-specific ad valorem
assessment rates based on the ratio of the total amount of dumping
calculated for the examined sales to the total entered value of the
sales. Where an importer-specific assessment rate is zero or de
minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.\6\
---------------------------------------------------------------------------
\6\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012).
---------------------------------------------------------------------------
Consistent with Commerce's clarification of its assessment
practice, for entries of subject merchandise during the POR produced by
any of the above-referenced respondents for which they did not know the
merchandise was destined for the United States, we will instruct CBP to
liquidate such entries at the all-others rate established in the less-
than-fair-value (LTFV) investigation of 4.85 percent ad valorem \7\ if
there is no rate for the intermediate company(ies) involved in the
transaction.\8\
---------------------------------------------------------------------------
\7\ See Order, 86 FR 22142.
\8\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
For the non-examined companies subject to review, we will instruct
CBP to liquidate all applicable entries of subject merchandise during
the POR at the rate listed in the table above.
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 publication date of the final results
of this administrative review as provided by section 751(a)(2)(C) of
the Act: (1) the cash deposit rate for the companies listed above will
be equal to the weighted-average dumping margin established in the
final results of the review; (2) for subject merchandise exported by a
company not covered in this review but covered in a prior completed
segment of the proceeding, the cash deposit rate will continue to be
the company-specific rate published in the completed segment for the
most recent period; (3) if the exporter is not a firm covered in this
review or the original LTFV investigation, but the producer is, then
the cash deposit rate will be the rate established in the completed
segment for the most recent period for the producer of the subject
merchandise; (4) the cash deposit rate for all other producers or
exporters will continue to be 4.85 percent ad valorem, the all-others
rate established in the LTFV investigation.
These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice serves as a final 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 POR. 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.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. 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 violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a) and 777(i) of the Act, and
351.221(b)(5).
Dated: November 3, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Calculation of Assan's Duty Drawback Adjustment
Comment 2: Ministerial Error Regarding ``Other Discounts''
(OTHDISU) in Assan's U.S. Sales Database
Comment 3: Partial Adverse Facts Available (AFA) for Certain
Freight Charges Reported by Assan
Comment 4: Application of the High Inflation Methodology to
Assan
Comment 5: Ministerial Errors in Teknik's Calculations
Comment 6: The Transactions Disregarded Rule
Comment 7: Teknik's Reported Net Interest Expenses
Comment 8: Teknik's Imputed Credit Expenses in the Home Market
Comment 9: Teknik's U.S. Warehousing Expenses
Comment 10: Section 232 Tariffs
Comment 11: Ministerial Errors in Assan's Calculations
Comment 12: Exclusion of Assan from the AD Order on CAAS from
Turkey
Comment 13: Inclusion of Certain Expenses in the Indirect
Selling Expense Ratio
Comment 14: Freight Revenue
Comment 15: Differential Pricing Methodology
VI. Recommendation
[FR Doc. 2023-24886 Filed 11-9-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on November 13, 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.