Notice2024-26511
Common Alloy Aluminum Sheet From the Republic of Türkiye: Final Results of Antidumping Duty Administrative Review; 2022-2023
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 14, 2024
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 T[uuml]rkiye (T[uuml]rkiye) was sold in the United States at less than normal value during the period of review (POR) April 1, 2022, through March 31, 2023. Interested parties are invited to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 220 (Thursday, November 14, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 220 (Thursday, November 14, 2024)]
[Notices]
[Pages 89965-89967]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26511]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-839]
Common Alloy Aluminum Sheet From the Republic of T[uuml]rkiye:
Final Results of Antidumping Duty Administrative Review; 2022-2023
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 T[uuml]rkiye
(T[uuml]rkiye) was sold in the United States at less than normal value
during the period of review (POR) April 1, 2022, through March 31,
2023. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable November 14, 2024.
[[Page 89966]]
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 3, 2024, Commerce published the Preliminary Results in the
Federal Register and invited comments from interested parties.\1\ On
July 22, 2024, Commerce tolled certain deadlines in this administrative
proceeding by seven days.\2\ On August 29, 2024, Commerce extended the
deadline for the final results of this review to November 6, 2024.\3\
The review covers the mandatory respondents Assan Al[uuml]minyum Sanayi
ve Ticaret A.S., Kibar Americas, Inc., and Kibar Dis Ticaret A.S.
(collectively, Assan) and Teknik Aluminyum Sanayi A.S. (Teknik). 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.\4\ 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 T[uuml]rkiye:
Preliminary Results of Antidumping Duty Administrative Review; 2022-
2023, 89 FR 36759 (May 3, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated August 29, 2024.
\4\ 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 Republic of T[uuml]rkiye;
2022-2023,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order \5\
---------------------------------------------------------------------------
\5\ Id.; see also 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 T[uuml]rkiye. For
a complete description of the scope of the Order, see the Issues and
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).\6\
---------------------------------------------------------------------------
\6\ 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. The non-
examined companies subject to this review are 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.
Final Results of the Administrative Review
We determine the following estimated weighted-average dumping
margins for the period April 1, 2022, through March 31, 2023:
------------------------------------------------------------------------
Weight-
average
Exporter or producer dumping margin
(percent)
------------------------------------------------------------------------
Assan Al[uuml]minyum Sanayi ve Ticaret A.S.............. 2.38
Teknik Aluminyum Sanayi A.S............................. 2.72
Non-Selected Companies.................................. 2.55
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
final results of review to interested parties within five days of the
date of publication of this notice in accordance with 19 CFR
351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, 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. Commerce intends to issue assessment instructions to CBP
no earlier than 35 days after the date of publication of the final
results of this administrative 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).
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.\7\
---------------------------------------------------------------------------
\7\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8103 (February 14,
2012).
---------------------------------------------------------------------------
Consistent with Commerce's clarification of its assessment
practice, for entries of subject merchandise
[[Page 89967]]
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 \8\ if there is no rate for
the intermediate company(ies) involved in the transaction.\9\
---------------------------------------------------------------------------
\8\ See Order, 86 FR at 22142.
\9\ 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 date of publication of the final
results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) the company-specific cash deposit rate for
Assan and Teknik will be equal to the weighted-average dumping margin
established in the final results of this review for each respondent
(except, if that rate is de minimis, then the cash deposit rate will be
zero); (2) for producers or exporters not covered in this review but
covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the company-specific rate published for the most
recently-completed segment of this proceeding in which they were
reviewed; (3) if the exporter is not a firm covered in this review or a
prior segment of the proceeding but the producer is, then the cash
deposit rate will be the rate established for 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 4.85 percent, the all-others rate
established in the less-than-fair-value investigation.\10\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\10\ See Order, 86 FR at 22142.
---------------------------------------------------------------------------
Notification to Importers
This notice also 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 review period.
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 disposition 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/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 which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213(h)(2)
and 351.221(b)(5).
Dated: November 6, 2024.
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: Exclusion of Assan from the AD Order on CAAS from
T[uuml]rkiye
Comment 3: Ministerial Errors in Teknik's Calculations
Comment 4: Partial Adverse Facts Available (AFA) for Certain
Freight Charges Reported by Assan
Comment 5: Ministerial Error Regarding Assan's Home Market
Variables Incurred in Multiple Currencies
Comment 6: Costs Associated with Teknik's Returned Merchandise
Comment 7: Teknik's Freight Revenues
Comment 8: Revise Teknik's COP
VI. Recommendation
[FR Doc. 2024-26511 Filed 11-13-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on November 14, 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.