Notice2024-12654
Certain Aluminum Foil From the Republic of Türkiye: Final Results and Partial Rescission of the Countervailing Duty Administrative Review; 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
June 10, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that ASAS Aluminyum Sanayi ve Ticaret A.S. (ASAS) and Assan Aluminyum Sanayi ve Ticaret A.S. (Assan) received countervailable subsidies during the period of review (POR) March 5, 2021, through December 31, 2021.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 112 (Monday, June 10, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 112 (Monday, June 10, 2024)]
[Notices]
[Pages 48886-48887]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12654]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-845]
Certain Aluminum Foil From the Republic of T[uuml]rkiye: Final
Results and Partial Rescission of the Countervailing Duty
Administrative Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
ASAS Aluminyum Sanayi ve Ticaret A.S. (ASAS) and Assan Aluminyum Sanayi
ve Ticaret A.S. (Assan) received countervailable subsidies during the
period of review (POR) March 5, 2021, through December 31, 2021.
DATES: Applicable June 10, 2024.
FOR FURTHER INFORMATION CONTACT: Adam Simons, AD/CVD Operations, Office
IX, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-6172.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this administrative
review on December 7, 2023.\1\ In January and February 2024, Commerce
conducted an on-site verification of ASAS' reported subsidy
information.\2\ On March 26, 2024, Commerce extended the deadline for
issuing the final results until June 4, 2024.\3\ Subsequently, on April
5, 2024, we invited interested parties to comment on the Preliminary
Results and verification.\4\ For a description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\5\
---------------------------------------------------------------------------
\1\ See Certain Aluminum Foil from Turkey: Preliminary Results
of Countervailing Duty Administrative Review, 88 FR 85228 (December
7, 2023) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Verification of the Questionnaire
Responses of Asas Aluminyum Sanayi Ve Ticaret A.[Scedil].,'' dated
April 4, 2024.
\3\ See Memorandum, ``Extension of Deadlines for 2021 Final
Results of Countervailing Duty Administrative Review,'' dated March
26, 2024.
\4\ See Memorandum, ``Clarification of Briefing Schedule,''
dated April 5, 2024.
\5\ See Memorandum, ``Decision Memorandum for the Final Results
of the Countervailing Duty Administrative Review of Certain Aluminum
Foil from the Republic of T[uuml]rkiye; 2021,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Order <SUP>6</SUP>
---------------------------------------------------------------------------
\6\ See Certain Aluminum Foil from the Sultanate of Oman and the
Republic of Turkey: Countervailing Duty Orders, 86 FR 62782
(November 12, 2021) (Order).
---------------------------------------------------------------------------
The merchandise covered by this Order is aluminum foil from
T[uuml]rkiye. For a complete description of the scope of this Order,
see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in interested parties' case briefs are addressed
in the Issues and Decision Memorandum. The topics discussed and the
issues raised by parties to which we responded 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 directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Rescission of Administrative Review, In Part
As noted in the Intent to Rescind Memorandum,\7\ based on our
analysis of U.S. Customs and Border Protection (CBP) data, we determine
that Ilda Pack Ambalaj, John Good Denizcilik Tas.Ve, and Seherli
Danismanlik A.S had no reviewable shipments, sales, or entries of
subject merchandise during the POR. We received no comments or
additional information from any interested parties regarding the Intent
to Rescind Memorandum issued regarding these three companies.
Therefore, absent evidence of shipments on the record, we are
rescinding the administrative review of these companies, pursuant to 19
CFR 351.213(d)(3).
---------------------------------------------------------------------------
\7\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated April 5, 2024 (Intent to Rescind Memorandum).
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on our analysis of comments from interested parties and the
results of verification, we made certain changes to ASAS' and Assan's
countervailable subsidy rate calculations from the Preliminary Results.
For a full description of these changes, see the Issues and Decision
Memorandum.
Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the
[[Page 48887]]
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.\8\ For a description of the methodology
underlying all of Commerce's conclusions, see the Issues and Decision
Memorandum.
---------------------------------------------------------------------------
\8\ 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.
---------------------------------------------------------------------------
Company Not Selected for Individual Review
The Act 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 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, Panda Aluminyum, for which a review was
requested, but which was not selected as a mandatory respondent or
found to be cross-owned with a mandatory respondent. For Panda
Aluminyum, because the rates calculated for mandatory respondents ASAS
and Assan were above de minimis and not based entirely on facts
available, we applied a final subsidy rate based on a simple average of
the rates calculated for the two mandatory respondents.
Final Results of Review
We determine that, for the period March 5, 2021, through December
31, 2021, the following total net countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Producer/exporter (percent ad
valorem)
------------------------------------------------------------------------
ASAS Aluminyum Sanayi ve Ticaret A.S.................... 0.50
Assan Aluminyum Sanayi ve Ticaret A.S.\9\............... 1.15
Panda Aluminyum......................................... 0.83
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\9\ Commerce finds the following companies to be cross-owned
with Assan: Kibar D[inodot][scedil] Ticaret A.S.; Kibar Holding
A.S.; and Ispak Esnek Ambalaj Sanayi A.S.
---------------------------------------------------------------------------
Commerce intends to disclose the calculations performed for these
final results of review within five days after the date of publication
of this notice in the Federal Register, in accordance with 19 CFR
351.224(b).
Assessment
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and CBP shall assess,
countervailing duties on all appropriate entries of subject merchandise
in accordance with the final results of this review, for the above-
listed companies at the applicable ad valorem assessment rates listed.
For the companies for which we are rescinding this administrative
review, Commerce will instruct CBP to assess countervailing duties on
all appropriate entries at a rate equal to the cash deposit of
estimated countervailing duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period March 5,
2021, through December 31, 2021, in accordance with 19 CFR
351.212(c)(l)(i).
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of these 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, Commerce intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for the companies listed above 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 administrative review. For all non-reviewed firms, we will
instruct CBP to continue to collect cash deposits of estimated
countervailing duties at the all-others rate or most recent company-
specific rate applicable to the company, as appropriate. These cash
deposits, effective upon publication of these final results of this
review, shall remain in effect until further notice.
Administrative Protective Order
This notice also serves as a final 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). Timely
written notification of the return/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: 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. Subsidies Valuation
V. Analysis of Programs
VI. Discussion of the Issues
Comment 1: Whether To Exclude Kibar Dis' By-Pass Sales From Its
Sales Denominator
Comment 2: Whether to Make Certain Adjustments to Assan's Sales
Denominators
Comment 3: Whether the Unemployment Insurance Premium Incentive
Under Additional Article 4 of Law No. 4447 is a Countervailable
Subsidy
Comment 4: Whether Commerce Should Rely on Assan's Provided Loan
Benchmark
Comment 5: Whether To Revise Certain Benefit Calculations for
ASAS
Comment 6: Whether to Find the Exemptions on Banking and
Insurance Transaction Tax Program Countervailable
VII. Recommendation
[FR Doc. 2024-12654 Filed 6-7-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on June 10, 2024.
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.