Notice2024-09619
Common Alloy Aluminum Sheet From the Republic of Türkiye: Preliminary Results of the Countervailing Duty Administrative Review; 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
May 3, 2024
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 T[uuml]rkiye (T[uuml]rkiye), during the period of review (POR) January 1, 2022, through December 31, 2022. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 87 (Friday, May 3, 2024)</title>
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[Federal Register Volume 89, Number 87 (Friday, May 3, 2024)]
[Notices]
[Pages 36754-36756]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09619]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-840]
Common Alloy Aluminum Sheet From the Republic of T[uuml]rkiye:
Preliminary Results of the Countervailing Duty Administrative Review;
2022
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 T[uuml]rkiye (T[uuml]rkiye), during the period of review
(POR) January 1, 2022, through December 31, 2022. Interested parties
are invited to comment on these preliminary results.
DATES: Applicable May 3, 2024.
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 June 12, 2023, Commerce initiated this administrative review of
the countervailing duty order on CAAS from T[uuml]rkiye.\1\ The
mandatory company respondents are Assan Aluminyum Sanayi ve Ticaret
A.S., Kibar Americas, Inc., and Kibar D[inodot][scedil] Ticaret A.S.
(collectively, Assan) and Teknik Aluminyum Sanayi A.S. (Teknik). On
December 12, 2023, Commerce extended the deadline for these preliminary
results to April 26, 2024.\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 38021 (June 12, 2023); see also See
Common Alloy Aluminum Sheet from Bahrain, India, and the Republic of
Turkey: Countervailing Duty Orders, 86 FR 22144 (April 27, 2021)
(Order).
\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Review,'' dated December 12, 2023.
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For a complete description of the events that followed the
initiation of the 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 Countervailing Duty Administrative Review of Common
Alloy Aluminum Sheet from T[uuml]rkiye; 2022,'' 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 T[uuml]rkiye. 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,
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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 received
countervailable subsidies that are above de minimis and are not based
entirely on facts available and that Teknik received countervailable
subsidies that are below de minimis. Therefore, we preliminarily
determine to apply the net subsidy rate calculated for Assan to the
non-selected companies.\6\ The companies for which a review was
requested, and which were not selected for individual examination as
mandatory respondents or found to be cross-owned with a mandatory
respondent, are: ASAS Aluminyum Sanayi ve Ticaret A.S.; Assan; P.M.S.
Metal Profil Aluminum Sanayi Ve Ticaret A.S.; and Teknik.
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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
Commerce preliminarily determines the following net countervailable
subsidy rates exist for the period January 1, 2022, through December
31, 2022:
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\7\ This rate is applicable to Assan and its cross-owned
companies Kibar Americas, Inc., and Kibar D[inodot][scedil] Ticaret
A.S.
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Subsidy rate
Company (percent ad
valorem)
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Assan Aluminyum Sanayi ve Ticaret A.S.\7\............ 1.08
Teknik Aluminyum Sanayi A.S.......................... 0.19 (de minimis)
Companies Not Selected for Individual Examination.... 1.08
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Disclosure and Public Comment
Commerce intends to disclose its calculations performed to
interested parties for these preliminary results within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of this notice in the Federal
Register in accordance with 19 CFR 351.224(b).
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance.\8\ Commerce will
notify interested parties of the deadline for submission of case
briefs. 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.\9\ 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.\10\
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\8\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 for
general filing requirements.
\9\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
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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 provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\11\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final determination in this investigation. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\12\
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\11\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\12\ See APO and Service Procedures.
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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 submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, filed
electronically, using ACCESS. Hearing requests should contain the
party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. Issues raised
in the hearing will be limited to those raised in the case and rebuttal
briefs. An electronically filed request must be received successfully
in its entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days of
the publication date of this notice. If a request for a hearing is
made, parties will be notified of the time and date of the hearing.\13\
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\13\ See 19 CFR 351.310(d).
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised by the parties in any written briefs, no
later than 120 days after the date of publication of these preliminary
results.
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 the 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
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends upon publication of the final results, to instruct CBP to
collect cash deposits of the estimated countervailing duties in the
amounts calculated in the final results of this review for the
respective companies 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. If
the rate calculated in the final results is zero or de minimis, no cash
deposit will be required on shipments of the 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 countervailing duties at the
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all-others rate (i.e., 3.45 percent).\14\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\14\ See Order, 86 FR at 22145.
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Notification to Interested Parties
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213(h)(2) and 351.221(b)(4).
Dated: April 26, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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-Selected Companies
V. Subsidies Valuation Information
VI. Benchmarks and Interest Rates
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024-09619 Filed 5-2-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 3, 2024.
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