Notice2024-29329
Certain Aluminum Foil From the Republic of Türkiye: Preliminary Results and Rescission, in Part, 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
December 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that certain producers/exporters subject to this administrative review made sales of subject merchandise at less than normal value (NV) during the period of review (POR) November 1, 2022, through October 31, 2023. Additionally, Commerce is rescinding the review, in part, with respect to two companies. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 240 (Friday, December 13, 2024)</title>
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[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 100977-100980]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29329]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-844]
Certain Aluminum Foil From the Republic of T[uuml]rkiye:
Preliminary Results and Rescission, in Part, 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) preliminarily finds
that certain producers/exporters subject to this administrative review
[[Page 100978]]
made sales of subject merchandise at less than normal value (NV) during
the period of review (POR) November 1, 2022, through October 31, 2023.
Additionally, Commerce is rescinding the review, in part, with respect
to two companies. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable December 13, 2024.
FOR FURTHER INFORMATION CONTACT: Christopher Williams or Bryan Hansen,
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) 482-5166 or (202)
482-3683, 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 November 2,
2023, we published in the Federal Register a notice of opportunity to
request an administrative review of the Order for the POR.\2\ On
December 29, 2023, based on timely requests for an administrative
review, Commerce initiated an administrative review of the Order with
respect to six companies.\3\ On January 26, 2023, Commerce selected the
Assan Single Entity \4\ and ASAS Aluminyum Sanayi Ve Ticaret (ASAS) as
the mandatory respondents in this administrative review.\5\ On March
28, 2024, the Aluminum Association Trade Enforcement Working Group (the
petitioners) and ASAS withdrew their review requests for ASAS.\6\ On
April 8, 2024, Commerce selected Panda Aluminyum A.S. (Panda) as a
replacement mandatory respondent in this administrative review.\7\
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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 T[uuml]rkiye: Antidumping Duty Orders, 86 FR 62790
(November 12, 2021) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 75270 (November
2, 2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 90168, 90172 (December 29, 2023)
(Initiation Notice). Three of these six companies comprise a single
entity. See footnote 4, infra.
\4\ Commerce previously determined that Assan Aluminyum Sanayi
ve Ticaret A.S., Kibar Dis Ticaret A.S., and Ispak Esnek Ambalaj
Sanayi A.S., comprise the Assan Single Entity. See Certain Aluminum
Foil from the Republic of T[uuml]rkiye: Final Affirmative
Determination of Sales at Less Than Fair Value, 86 FR 52880 n.10
(September 23, 2021); see also Initiation Notice, 88 FR 51
(``Commerce will not conduct collapsing analyses at the respondent
selection phase of this review and will not collapse companies at
the respondent selection phase unless there has been a determination
to collapse certain companies in a previous segment of this
{antidumping duty{time} proceeding (e.g., investigation,
administrative review, new shipper review, or changed circumstances
review).'').
\5\ See Memorandum, ``Respondent Selection,'' dated January 30,
2024.
\6\ See ASAS' Letter, ``Withdrawal of Request for Administrative
Review;'' and the Petitioners Letter, ``Petitioners' Partial
Withdrawal of Request for Review,'' both dated March 28, 2024
(collectively, the ASAS Withdrawal Letters).
\7\ See Memorandum, ``Selection of a Replacement Mandatory
Respondent,'' dated April 8, 2024.
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On July 11, 2024, Commerce extended the time limit for these
preliminary results to November 29, 2024.\8\ On July 22, 2024, Commerce
tolled certain deadlines in this administrative proceeding by seven
days. The deadline for the preliminary results is now December 6,
2024.\9\ For a complete description of the events following the
initiation of the administrative review, see the Preliminary Decision
Memorandum.\10\
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\8\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2022-2023,''
dated July 11, 2024.
\9\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\10\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review; 2022-2023,''
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 aluminum foil from
T[uuml]rkiye. For a complete description of the scope of this Order,
see the Preliminary Decision Memorandum.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested the review withdraw their review requests within 90 days of
the date of publication of the notice of initiation for the requested
review.\11\ On March 28, 2024, the petitioners and ASAS withdrew their
review requests for ASAS within the 90-day deadline.\12\ No other
parties requested an administrative review of ASAS.
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\11\ See Initiation Notice, 88 FR 90169.
\12\ See the ASAS Withdrawal Letters.
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Also, pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice
to rescind an administrative review of an antidumping duty order where
it concludes that there were no suspended entries of subject
merchandise during the POR.\13\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
antidumping duty assessment rate for the review period.\14\ Therefore,
for an administrative review to be conducted, there must be a
reviewable, suspended entry that Commerce can instruct U.S. Customs and
Border Protection (CBP) to liquidate at the calculated antidumping duty
assessment rate for the review period.\15\ Commerce notified all
interested parties of its intent to rescind the instant review
regarding Ilda Pack Ambalaj because there were no reviewable, suspended
entries of subject merchandise from this company during the POR and
invited interested parties to comment.\16\
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\13\ See, e.g., Certain Carbon and Alloy Steel Cut-to Length
Plate from the Federal Republic of Germany: Recission of Antidumping
Administrative Review; 2020-2021, 88 FR 4154 (January 24, 2023).
\14\ See 19 CFR 351.212(b)(1).
\15\ See, e.g., Shanghai Sunbeauty Trading Co. v. United States,
380 F. Supp. 3d 1328, 1337 (CIT 2019), at 12 (referring to section
751(a) of the Act, the U.S. Court of International Trade held that
``{w{time} hile the statute does not explicitly require that an
entry be suspended as a prerequisite for establishing entitlement to
a review, it does explicitly state the determined rate will be used
as the liquidation rate for the reviewed entries. This result can
only obtain if the liquidation of entries has been suspended''; see
also Certain Frozen Fish Fillets from the Socialist Republic of
Vietnam: Final Results of Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2018-2019, 86 FR 36102, and
accompanying Issues and Decision Memorandum at Comment 4; and Solid
Fertilizer Grade Ammonium Nitrate from the Russian Federation:
Notice of Rescission of Antidumping Duty Administrative Review, 77
FR 65532 (October 29, 2012) (noting that ``for an administrative
review to be conducted, there must be a reviewable, suspended entry
to be liquidated at the newly calculated assessment rate'').
\16\ See Memorandum, ``U.S. Customs and Border Protection Data
Release,'' dated January 3, 2024; see also Memorandum, ``Intent to
Rescind Review, in Part,'' dated January 31, 2024.
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No parties commented on our intent to rescind.
Therefore, in accordance with 19 CFR 351.213(d)(1) and (3),
Commerce is rescinding the administrative review of ASAS and Ilda Pack
Ambalaj, respectively.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
We calculated export price and constructed export price NV in
accordance with sections 772 and 773 of the Act, respectively. For a
complete description of the methodology in these preliminary results,
see the Preliminary Decision Memorandum. A list of topics discussed in
the Preliminary Decision Memorandum is attached in the appendix to this
notice. The Preliminary
[[Page 100979]]
Decision Memorandum is a public document and is made available to the
public 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 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>.
Preliminary Results of Review
We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period November 1, 2022, through
October 31, 2023:
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Weighted-
average
Producer and/or exporter dumping
margin
(percent)
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Assan Single Entity......................................... 2.34
Panda Aluminyum A.S......................................... 7.20
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Disclosure
We intend to disclose the calculations and analysis performed for
these preliminary results to interested parties within five days of any
public announcement or, if there is no public announcement, within five
days after the date of publication of this notice in the Federal
Register in accordance with 19 CFR 351.224(b).
Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs to Commerce no later than 30 days after the date of
publication of this notice.\17\ 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.\18\ 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.\19\
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\17\ See also 19 CFR 351.303 (for general filing requirements).
\18\ See 19 CFR 351.309(d)(1); 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 Final Rule).
\19\ See 19 351.309(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 administrative 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.\20\ 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 results in this administrative
review. We request that interested parties include footnotes for
relevant citations in the public executive summary of each issue.
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\20\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance via ACCESS within 30 days after the date of
publication of this notice. Hearing requests should contain: (1) the
party's name, address, and telephone number; (2) the number of
participants and whether any participant is a foreign national; and (3)
a list of issues to be discussed. Issues raised at the hearing will be
limited to those raised in the case and rebuttal briefs. If a hearing
request is made, parties will be notified of the date and time of the
hearing.\21\ Parties should confirm the date and time of the hearing
two days before the scheduled date.
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\21\ See 19 CFR 351.310(d).
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All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed using ACCESS.\22\ An electronically
filed document must be received successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time on the established deadline. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\23\
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\22\ See 19 CFR 351.303.
\23\ See APO and Service Final Rule.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of issues raised in written briefs, no later than 120 days
after the date of publication of this notice in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
Upon completion of the final results of this administrative review,
pursuant to section 751(a)(2)(A) of the Act, Commerce shall determine,
and CBP shall assess, antidumping duties on all appropriate entries of
subject merchandise covered by this review.\24\ If an individually
examined respondent's weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.50 percent) in the final results of this
review, we intend to calculate an importer-specific assessment rate for
antidumping duties 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).\25\
If the respondent's weighted-average dumping margin or an importer-
specific assessment rate is zero or de minimis in the final results of
this review, we intend to instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.\26\
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\24\ See 19 CFR 351.212(b)(1).
\25\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\26\ Id. at 8102-03; see also 19 CFR 351.106(c)(2).
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For ASAS and Ilda Pack Ambalaj, for which Commerce is rescinding
this review, Commerce will instruct CBP to assess antidumping duties on
all appropriate entries at a rate equal to the cash deposit of
estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period November
1, 2022, through October 31, 2023, in accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to issue assessment instructions to
CBP regarding these two companies no earlier than 35 days after the
date of publication of this notice in the Federal Register.
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 was destined for the United States, we will
instruct CBP to liquidate these entries at the all-others rate if there
is no rate for the intermediate company(ies) involved in the
transaction.\27\
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\27\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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
[[Page 100980]]
applicable.\28\ Commerce intends to issue assessment instructions
regarding the individually examined respondents 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.
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\28\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of the notice of the final results
of this administrative review for all shipments of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
date of publication as provided in section 751(a)(2)(C) of the Act: (1)
the cash deposit rate for the individually examined respondents will be
equal to the weighted-average dumping margins established in the final
results of this administrative review, except if the rate is less than
0.50 percent and, therefore, de minimis within the meaning of 19 CFR
351.106(c)(1), then the cash deposit rate will be zero; (2) for
merchandise exported by a company not covered in this review but
covered in a prior completed 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, a prior review, or the
investigation but the producer is, then the cash deposit rate will be
the company-specific rate established in 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 1.95 percent, the all-others rate established in the
investigation, adjusted for the export-subsidy rate in the companion
countervailing duty investigation.\29\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\29\ See Order, 86 FR 62792.
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Notification to Importers
This notice 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 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
countervailing duties.
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
351.213(d)(1) and (3), 19 CFR 351.213(h)(2), 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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024-29329 Filed 12-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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