Notice2024-29323
Certain Aluminum Foil From the Republic of Türkiye: Preliminary Results and Partial Rescission of 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
December 13, 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 exporters of certain aluminum foil (aluminum foil) from the Republic of T[uuml]rkiye (T[uuml]rkiye). The period of review (POR) is January 1, 2022, through December 31, 2022. In addition, Commerce is rescinding the review, in part, with respect to one company. Interested parties are invited to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 240 (Friday, December 13, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 100959-100961]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29323]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-845]
Certain Aluminum Foil From the Republic of T[uuml]rkiye:
Preliminary Results and Partial Rescission of 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 exporters of certain aluminum foil (aluminum foil) from the
Republic of T[uuml]rkiye (T[uuml]rkiye). The period of review (POR) is
January 1, 2022, through December 31, 2022. In addition, Commerce is
rescinding the review, in part, with respect to one company. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable December 13, 2024.
FOR FURTHER INFORMATION CONTACT: Ian Riggs, 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) 482-3810.
SUPPLEMENTARY INFORMATION:
Background
On December 29, 2023, based on timely requests for review, Commerce
initiated this administrative review of the countervailing duty (CVD)
order on aluminum foil from T[uuml]rkiye.\1\ On January 6, 2024,
Commerce selected ASAS Aluminyum Sanayi ve Ticaret A.S. (ASAS) and
Assan Aluminyum Sanayi ve Ticaret A.S. (Assan) as the mandatory
respondents in this review.\2\ On March 28, 2024, the petitioners and
ASAS timely withdrew their requests for review for ASAS.\3\ Therefore,
on April 5, 2024, Commerce selected Panda Aluminyum A.S. (Panda) as an
additional mandatory respondent in this review.\4\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 90168 (December 29, 2023).
\2\ See Memorandum, ``Respondent Selection,'' dated January 26,
2024.
\3\ See ASAS's Letter, `` Withdrawal of Request for
Administrative Review,'' dated March 28, 2024 (ASAS'' Withdrawal);
see also Petitioners'' Letter, `` Petitioners'' Partial Withdrawal
of Request for Review,'' dated March 28, 2024 (Petitioners''
Withdrawal).
\4\ See Memorandum, ``Additional Respondent Selection,'' dated
April 5, 2024.
---------------------------------------------------------------------------
On July 15, 2024, Commerce extended the deadline for the
preliminary results of this review.\5\ On July 22, 2024, Commerce
tolled certain deadlines in certain administrative proceedings by seven
days.\6\ On November 8, 2024, Commerce extended the time period for
issuing these preliminary results by an additional 14 days.\7\ The
deadline for the preliminary results is now December 6, 2024.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2022 Countervailing Duty Administrative Review,'' dated
May 15, 2024.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\7\ See Memorandum, ``Second Extension of Deadline for
Preliminary Results of 2022 Countervailing Duty Administrative
Review,'' dated November 8, 2024.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\8\
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 Service System (ACCESS). ACCESS is available to
registered users at <a href="http://access.trade.gov">http://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>.
---------------------------------------------------------------------------
\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2022 Countervailing Duty Administrative Review of
Certain Aluminum Foil from the Republic of T[uuml]rkiye,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order <SUP>9</SUP>
---------------------------------------------------------------------------
\9\ 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 the Order is aluminum foil from
T[uuml]rkiye. For a complete description of the scope of the Order, see
the Preliminary Decision Memorandum.
Partial Rescission of Administrative Review
In accordance with 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation of the requested review in the
Federal Register. On March 28, 2024, the petitioners and ASAS withdrew
their requests for review for ASAS.\10\ Because ASAS and the
petitioners timely withdrew their requests for a
[[Page 100960]]
review of ASAS, and no other party requested a review of ASAS, in
accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this
review, in part, with respect to ASAS.
---------------------------------------------------------------------------
\10\ See ASAS'' Withdrawal; See also Petitioners'' Withdrawal.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, Commerce preliminarily
determines that there is a subsidy, i.e., a financial contribution by
an ``authority'' that gives rise to a benefit to the recipient, and
that the subsidy is specific.\11\ For a full description of the
methodology underlying our conclusions, see the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\11\ 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.
---------------------------------------------------------------------------
Preliminary Results of Review
As a result of this review, we preliminarily determine the net
countervailable subsidy rates for the period January 1, 2022, through
December 31, 2022, to be:
------------------------------------------------------------------------
Subsidy
rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Assan Aluminyum Sanayi ve Ticaret A.S.\12\................. 1.30
Panda Aluminyum A.S.\13\................................... 1.51
------------------------------------------------------------------------
Disclosure and Public Comment
---------------------------------------------------------------------------
\12\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Assan: Ispak Esnek Ambalaj Sanayi A.S.; and Kibar Holding A.S. We
note that Assan has an affiliated trading company through which it
exported certain subject merchandise, Kibar Dis Ticaret A.S. (Kibar
Dis). Therefore, because Kibar Dis' subsidies are included as part
of Assan's total subsidy rate, we have not assigned a subsidy rate
to Kibar Dis. Entries of subject merchandise exported by Kibar Dis
will receive the rate of the producer listed on the U.S. Customs and
Border Protection (CBP) entry form.
\13\ We note that Panda has an affiliated trading company
through which it exported certain subject merchandise, Seherli
Danismanlik A.S. (Seherli). Seherli was not selected as a mandatory
respondent but was examined in the context of Panda. Therefore,
because Seherli's subsidies are included as part of Panda's total
subsidy rate, we have not assigned a subsidy rate to Seherli.
Entries of subject merchandise exported by Seherli will receive the
rate of the producer listed on the CBP entry form.
---------------------------------------------------------------------------
Commerce intends to disclose its calculations and analysis
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).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than 30 days after the date of publication
of this notice. 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. 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.\14\ All briefs must be
filed electronically using ACCESS. An electronically filed document
must be received successfully in its entirety in ACCESS by 5:00 p.m.
Eastern Time on the established deadline.
---------------------------------------------------------------------------
\14\ 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).
---------------------------------------------------------------------------
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 briefs 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.\15\ 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. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\16\
---------------------------------------------------------------------------
\15\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\16\ See APO and Service Procedures.
---------------------------------------------------------------------------
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 by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice. Requests should contain the party's name
and address, the number of participants; and a list of issues to be
discussed. Oral presentations at the hearing will be limited to issues
raised in the case and rebuttal briefs. If a request for a hearing is
made, Commerce will inform parties of the scheduled date for the
hearing.\17\
---------------------------------------------------------------------------
\17\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce shall
determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review.
For ASAS, 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 January
1, 2022, through December 31, 2022, in accordance with 19 CFR
351.212(c)(l)(i). Commerce intends to issue assessment instructions to
CBP regarding ASAS no earlier than 35 days after the date of
publication of this notice in the Federal Register.
For Assan and Panda, 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
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amount indicated 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. For all non-reviewed firms, CBP will continue to collect
cash deposits of estimated countervailing duties at the all-others rate
or the most recent company-specific rate applicable to the company, as
appropriate. These cash deposit instructions, when imposed, shall
remain in effect until further notice.
Final Results of Administrative Review
Unless the deadline in extended, pursuant to section 751(a)(3)(A)
of the Act and 19 CFR 351.213(h), Commerce intend to issue the final
results of this administrative review, including the results of our
analysis of the issues raised by the parties in any written briefs,
within 120 days after the date of
[[Page 100961]]
publication of these preliminary results in the Federal Register.
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
351.221(b)(4).
Dated: December 6, 2024.
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. Diversification of T[uuml]rkiye's Economy
V. Subsidies Valuation
VI. Benchmarks and Interest Rates
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024-29323 Filed 12-12-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on December 13, 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.