Notice2023-26859
Certain Aluminum Foil From the Republic of Turkey: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
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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
December 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that the certain producers/exporters subject to this administrative review made sales of subject merchandise at less than normal value (NV) during the period of review (POR) September 23, 2021, through October 31, 2022. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 234 (Thursday, December 7, 2023)</title>
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[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85237-85240]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26859]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-844]
Certain Aluminum Foil From the Republic of Turkey: Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that the certain producers/exporters subject to this administrative
review made sales of subject merchandise at less than normal value (NV)
during the period of review (POR) September 23, 2021, through October
31, 2022. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable December 7, 2023.
FOR FURTHER INFORMATION CONTACT: Christopher Williams or Bryan Hansen,
AD/CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington DC 20230; telephone: (202) 482-5166 or (202) 482-
3683, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 12, 2021, Commerce published in the Federal Register
the antidumping duty order on certain aluminum foil (aluminum foil)
from the Republic of Turkey (Turkey).\1\ On November 1, 2022, we
published in the Federal Register a notice of opportunity to request an
administrative review of the Order for the POR.\2\ On January 3, 2023,
based on timely requests for an administrative review, Commerce
initiated an administrative review of the Order with respect to four
companies.\3\ On January 26, 2023, Commerce selected the Assan Single
Entity \4\ for
[[Page 85238]]
individual examination as a mandatory respondent in this administrative
review.\5\ On May 5, 2023, Commerce selected ASAS Aluminyum Sanayi Ve
Ticaret (ASAS) as an additional mandatory respondent in this
administrative review.\6\
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\1\ See Certain Aluminum Foil from the Republic of Armenia,
Brazil, the Sultanate of Oman, the Russian Federation, and the
Republic of Turkey: Antidumping Duty Orders, 86 FR 62790 (November
12, 2021) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 65750 (November
1, 2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 50, 55 (January 3, 2023) (Initiation
Notice).
\4\ Commerce previously determined that Assan Aluminyum Sanayi
ve Ticaret A.S., Kibar Dis Ticaret A.S., and Ispak Esnek Ambalaj
Sanayi A.S., comprise the Assan Single Entity. See Certain Aluminum
Foil from the Republic of Turkey: Final Affirmative Determination of
Sales at Less Than Fair Value, 86 FR 52880 n.10 (September 23,
2021); see also Initiation Notice, 88 FR at 51 (``Commerce will not
conduct collapsing analyses at the respondent selection phase of
this review and will not collapse companies at the respondent
selection phase unless there has been a determination to collapse
certain companies in a previous segment of this {antidumping
duty{time} proceeding (e.g., investigation, administrative review,
new shipper review, or changed circumstances review).'').
\5\ See Memorandum, ``Respondent Selection,'' dated January 26,
2023.
\6\ See Memorandum, ``Additional Respondent Selection,'' dated
May 5, 2023.
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On July 6, 2023, Commerce extended the time limit for these
preliminary results to November 17, 2023.\7\ On November 13, 2023,
Commerce, again, extended the time limit for these preliminary results
to November 30, 2023.\8\ For a complete description of the events
between the initiation of the administrative review and these
preliminary results, see the Preliminary Decision Memorandum.\9\
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\7\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022,''
dated July 6, 2023.
\8\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022,''
dated November 13, 2023.
\9\ See Memorandum, ``Certain Aluminum Foil from the Republic of
Turkey: Decision Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review; 2021-2022,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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A list of the topics discussed in the Preliminary Decision
Memorandum is attached as the 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 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>.
Scope of the Order
The merchandise covered by the Order is aluminum foil from Turkey.
For a full description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). We calculated
export price and constructed export price in accordance with section
772 of the Act, and we calculated NV in accordance with section 773 of
the Act. For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum.
Rate for Non-Examined Companies
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 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a less-
than-fair-value (LTFV) investigation, for guidance when calculating 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 any zero or de minimis margins, and any margins
determined entirely {on the basis of facts available{time} .''
In this administrative review, Commerce calculated individual
weighted-average dumping margins for the Assan Single Entity and ASAS,
the two mandatory respondents, that are not zero, de minimis, or based
entirely on facts otherwise available. Because the calculated
individual weighted-average dumping margins are not zero, de minimis,
or based entirely on facts otherwise available, Commerce calculated the
rate for non-examined companies using a weighted average of the
weighted-average dumping margins calculated for the mandatory
respondents using each company's publicly-ranged U.S. sales values for
the merchandise under consideration, consistent with the guidance in
section 735(c)(5)(B) of the Act.\10\
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\10\ With rates for two examined respondents, Commerce normally
calculates: (A) a weighted-average of the weighted-average dumping
margins calculated for the examined respondents using each company's
actual total U.S. sales value; (B) a simple average of the weighted-
average dumping margins calculated for the examined respondents; and
(C) a weighted-average of the weighted-average dumping margins
calculated for the examined respondents using each company's
publicly-ranged total U.S. sales value. Commerce then compares (B)
and (C) to (A), and, in order to not reveal the business proprietary
total U.S. sales value of the two examined respondents, selects the
rate closest to (A) as the most appropriate rate for the non-
examined companies. See Memorandum, ``Certain Aluminum Foil from
Turkey: Preliminary Rate for Non-Selected Respondents,'' dated
November 30, 2023; see also 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, 53662 (September 1, 2010), and accompanying Issues and
Decision Memorandum at Comment 1.
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Preliminary Results of Review
We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period September 23, 2021,
through October 31, 2022:
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Weighted-average
Producer and/ or exporter dumping margin
(percent)
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ASAS Aluminyum Sanayi Ve Ticaret.................... 1.33
Assan Single Entity \11\............................ 1.30
Ilda Pack Ambalaj................................... 1.30
Panda Aluminyum A.S................................. 1.30
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Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to interested parties within five days after the
date of publication of this notice.\12\ Pursuant to 19 CFR
351.309(c)(1)(ii), interested parties may submit case briefs to
Commerce no later than 30 days after the date of publication of this
notice.\13\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\14\
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\11\ The Assan Single Entity consists of Assan Aluminyum Sanayi
ve Ticaret A.S., Kibar Dis Ticaret A.S., and Ispak Esnek Ambalaj
Sanayi A.S. See also Initiation Notice, 88 FR at 55.
\12\ See 19 CFR 351.224(b).
\13\ See also 19 CFR 351.303 (for general filing requirements).
\14\ See 19 CFR 351.309(d)(1); see also Administrative
Protective Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023).
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Interested parties who submit case briefs or rebuttal briefs in
this proceeding must submit: (1) a table of contents listing each
issue; and (2) a table of authorities.\15\ As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior proceedings we have encouraged
interested parties to provide an executive summary of their brief that
should be limited to five pages total, including footnotes. In this
review, we instead request that interested parties
[[Page 85239]]
provide at the beginning of their briefs a public, executive summary
for each issue raised in their briefs.\16\ Further, we request that
interested parties limit their executive summary of each issue to no
more than 450 words, not including citations. We intend to use the
executive summaries as the basis of the comment summaries included in
the issues and decision memorandum that will accompany the final
results in this administrative review. We request that interested
parties include footnotes for relevant citations in the executive
summary of each issue.
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\15\ See 19 351.309(c)(2) and (d)(2).
\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
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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. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs.
All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed using ACCESS.\17\ An electronically
filed document must be received successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time on the established deadline. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\18\
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\17\ See 19 CFR 351.303.
\18\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of issues raised in written briefs, not later than 120 days
after the publication of this notice in the Federal Register, pursuant
to 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment of Antidumping Duties
Upon completion of the final results of this administrative review,
pursuant to section 751(a)(2)(A) of the Act, Commerce shall determine,
and the U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries of subject merchandise
covered by this review.\19\
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\19\ See 19 CFR 351.212(b)(1).
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If an examined respondent's weighted-average dumping margin is not
zero or de minimis (i.e., less than 0.5 percent) in the final results
of this review, we intend to calculate an importer-specific assessment
rate for antidumping duties based on the ratio of the total amount of
dumping calculated for each importer's examined sales and the total
entered value of those same sales in accordance with 19 CFR
351.212(b)(1). For the companies identified above that were not
selected for individual examination, we will instruct CBP to assess
antidumping duties at a rate equal to the weighted-average dumping
margin established in the final results of review. If the respondent's
weighted-average dumping margin or an importer-specific assessment rate
is zero or de minimis in the final results of this review, we intend to
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
For entries of subject merchandise during the POR produced by
either of the individually examined respondents for which they did not
know that the merchandise was destined for the United States, we will
instruct CBP to liquidate these entries at the all-others rate if there
is no rate for the intermediate company(ies) involved in the
transaction.\20\
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\20\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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).
The final results of this administrative review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by the final results of this review and for future deposits of
estimated duties, where applicable.\21\
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\21\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements
The following cash deposit requirements for estimated antidumping
duties will be effective upon publication in the Federal Register of
the notice of the final results of this review for all shipments of
aluminum foil from Turkey entered, or withdrawn from warehouse, for
consumption on or after the date of publication as provided by section
751(a)(2) of the Act: (1) the cash deposit rate for companies subject
to this review will be equal to the weighted-average dumping margins
established in the final results of the review; (2) for merchandise
exported by companies not covered in this review but covered in a prior
completed segment of this 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, a prior review, or the investigation but the
producer is, then the cash deposit rate will be the rate established in
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 1.95 percent, the all-others
rate established in the LTFV investigation, adjusted for the export-
subsidy rate in the companion countervailing duty investigation.\22\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\22\ See Order, 86 FR at 62792.
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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 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
countervailing duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 19 CFR 351.221(b)(4).
Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy 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. Rate for Non-Examined Companies
V. Discussion of the Methodology
[[Page 85240]]
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023-26859 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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