Notice2024-12653
Certain Aluminum Foil From the Republic of Türkiye: Final Results of Antidumping Duty Administrative Review; 2021-2022
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
June 10, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain producers and exporters subject to this administrative review made sales of subject merchandise at less than normal value during the period of review (POR) September 23, 2021, through October 31, 2022.
Full Text
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<title>Federal Register, Volume 89 Issue 112 (Monday, June 10, 2024)</title>
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[Federal Register Volume 89, Number 112 (Monday, June 10, 2024)]
[Notices]
[Pages 48889-48891]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12653]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-844]
Certain Aluminum Foil From the Republic of T[uuml]rkiye: Final
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) determines that
certain producers and exporters subject to this administrative review
made sales of subject merchandise at less than normal value during the
period of review (POR) September 23, 2021, through October 31, 2022.
DATES: Applicable June 10, 2024.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Christopher Williams,
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) 482-3683 and (202)
482-5166, 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 T[uuml]rkiye (T[uuml]rkiye).\1\ On December 7,
2023, Commerce published the Preliminary Results of the 2021-2022
administrative review of the antidumping duty order on certain aluminum
foil (aluminum foil) from T[uuml]rkiye and invited interested parties
to comment.\2\ The review covers four companies, including two
mandatory respondents, Assan Aluminyum Sanayi ve Ticaret A.S., Kibar
Dis Ticaret A.S., and Ispak Esnek Ambalaj Sanayi A.S. (collectively,
the Assan Single Entity),\3\ and ASAS Aluminyum Sanayi Ve
[[Page 48890]]
Ticaret A.S. (ASAS).\4\ On May 10, 2024, Commerce extended the deadline
for issuing the final results until June 4, 2024.\5\ For a complete
description of the events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\6\ Commerce conducted this
review in accordance with section 751(a)(1)(B) of the Tariff Act of
1930, as amended (the Act).
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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 Certain Aluminum Foil from the Republic of Turkey:
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022, 88 FR 85237 (December 7, 2023) (Preliminary Results) and
accompanying Preliminary Decision Memorandum (PDM).
\3\ Commerce previously determined in the investigation that
these three companies are a single entity and no party has
challenged that determination in this review. 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).
\4\ We initiated this administrative review of ASAS Aluminyum
Sanayi ve Ticaret A.S. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR 50, 55 (January 3,
2023). In the Preliminary Results, we inadvertently omitted the
suffix A.S. from this company's name. See Preliminary Results, 88 FR
at 85238.
\5\ See Memoranda, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2021-2022,'' dated February
27, 2024, and ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2021-2022,'' dated May 10,
2024.
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Certain Aluminum Foil from the Republic of T[uuml]rkiye;
2021-2022,'' dated concurrently with, and hereby adopted by this
notice (Issues and Decision Memorandum).
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Scope of the Order
The product covered by the Order is aluminum foil from
T[uuml]rkiye. For a full description of the scope of the Order, see the
Issues and Decision Memorandum.\7\
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\7\ Id.
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Analysis of Comments Received
The issues raised by the interested parties in their case and
rebuttal briefs are addressed in the Issues and Decision Memorandum.
The topics discussed in the Issues and Decision Memorandum 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 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 a review of the record and the comments received from
interested parties, we made changes to the Preliminary Results with
respect to the margins calculated for the respondents. For further
details, see the Issues and Decision Memorandum.
Rate for Non-Examined Companies
The statute and regulations do not address the establishment of a
rate to be assigned to respondents not selected for individual
examination when we limit our examination of companies subject to the
administrative review pursuant to section 777A(c)(2)(B) 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 calculating the rate for respondents
not individually examined 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 and de minimis margins, and any
margins determined entirely {on the basis of facts available{time} .''
Accordingly, in the final results of review, we are assigning to the
companies not individually examined, listed in the chart below, a
weighted-average dumping margin based on the average of the
individually calculated weighted-average dumping margins of the Assan
Single Entity and ASAS weighted by their publicly available ranged U.S.
sales values.\8\
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\8\ See Memorandum, ``Final Rate for Non-Selected Companies,''
dated concurrently with this notice.
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Final Results of Review
Commerce determines 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 or exporter dumping
margin
(percent)
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Assan Aluminyum Sanayi ve Ticaret A.S.; Kibar Dis Ticaret 1.41
A.S.; and Ispak Esnek Ambalaj Sanayi A.S...................
ASAS Aluminyum Sanayi Ve Ticaret A.S........................ 1.88
Ilda Pack Ambalaj........................................... 1.49
Panda Aluminyum A.S......................................... 1.49
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Disclosure
Commerce intends to disclose the calculations performed in
connection with the final results to interested parties within five
days of the date of publication of this notice in the Federal Register,
in accordance with 19 CFR 351.224(b).
Assessment of Antidumping Duties
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, 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.
Because the weighted-average dumping margins for the Assan Single
Entity and ASAS are not zero or de minimis (i.e., less than 0.5
percent) in the final results of this review, we calculated an
importer-specific assessment rate 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).\9\ Where an importer-specific assessment rate is zero or
de minimis (i.e., less than 0.5 percent), the entries by that importer
will be liquidated without regard to antidumping duties. 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.\10\
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\9\ In these final results, Commerce applied the assessment rate
calculation method adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and Assessment Rate in
Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
\10\ See section 751(a)(2)(C) of the Act.
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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 they sold to the intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.\11\
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\11\ 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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For all non-examined companies subject to this review, we will
instruct CBP to liquidate all entries of subject merchandise that
entered the United States during the POR and assess antidumping duties
at a rate equal to the weighted-average dumping margin listed above.
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).
[[Page 48891]]
Cash Deposit Requirements
Upon publication of this notice in the Federal Register, the
following cash deposit requirements will be effective for all 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 administrative review 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 company-specific weighted-average dumping margin
established in the final results of the review; (2) for merchandise
exported by companies not covered in this review but covered in a prior
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 or a prior segment of the proceeding (e.g., the original
investigation of sales at less than fair value (LTFV)) 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
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 1.95 percent,\12\ the all-others rate
established in the LTFV investigation, adjusted for the export-subsidy
rate in the companion countervailing duty investigation. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\12\ See Certain Aluminum Foil from the Republic of Turkey:
Final Affirmative Determination of Sales at Less Than Fair Value, 86
FR 52880 (September 23, 2021).
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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 Order
This notice also serves as a final reminder to parties subject to
an 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. 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
Commerce is issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: June 4, 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 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: Duty Drawback Adjustment
Comment 2: Calculation of the Per-Unit Duty Drawback Adjustment
for ASAS
Comment 3: Early Payment Discount Adjustment
Comment 4: Interest Expenses as Part of U.S. Indirect Selling
Expenses
Comment 5: Monthly Comparisons of U.S. Price With Normal Value
Due to High Inflation
Comment 6: Turkish Lira (TL)-Denominated Home Market Sales
Invoices
Comment 7: Reporting Physical Characteristics for Gauge
Comment 8: Application of Billing Adjustment
Comment 9: Average Raw Material Metal Premium Costs
Comment 10: Inclusion of ``Goods in Transit'' in Manual
Adjustment Ratio for Cost of Manufacture
VI. Recommendation
[FR Doc. 2024-12653 Filed 6-7-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 10, 2024.
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