Notice2025-01944
Common Alloy Aluminum Sheet From the Republic of Türkiye: Amended 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
January 30, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty (AD) order on common alloy aluminum sheet (CAAS) from the Republic of T[uuml]rkiye (T[uuml]rkiye) to correct ministerial errors. Based on the amended final results, we find that the companies under review sold CAAS in the United States at less than normal value during the period of review (POR), April 1, 2022, through March 31, 2023.
Full Text
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<title>Federal Register, Volume 90 Issue 19 (Thursday, January 30, 2025)</title>
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[Federal Register Volume 90, Number 19 (Thursday, January 30, 2025)]
[Notices]
[Pages 8515-8517]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01944]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-839]
Common Alloy Aluminum Sheet From the Republic of T[uuml]rkiye:
Amended 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) is amending the
final results of the administrative review of the antidumping duty (AD)
order on common alloy aluminum sheet (CAAS) from the Republic of
T[uuml]rkiye (T[uuml]rkiye) to correct ministerial errors. Based on the
amended final results, we find that the companies under review sold
CAAS in the United States at less than normal value during the period
of review (POR), April 1, 2022, through March 31, 2023.
DATES: Applicable January 30, 2025.
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 November 14, 2024, Commerce published in the Federal Register
the final results of the 2022-2023 administrative review of the AD
order on CAAS from T[uuml]rkiye.\1\ On December 4, 2024, Commerce
received allegations of ministerial errors from Assan Aluminyum Sanayi
ve Ticaret A.S., Kibar Americas, Inc., and Kibar Dis Ticaret A.S.
(collectively, Assan) and from Teknik Aluminyum Sanayi A.S.
(Teknik).\2\ We received no rebuttal comments. Commerce is amending the
Final Results to correct the ministerial errors.
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\1\ See Common Alloy Aluminum Sheet from the Republic of
T[uuml]rkiye: Final Results of Antidumping Duty Administrative
Review; 2022-2023, 89 FR 89965 (November 14, 2024) (Final Results),
and accompanying Issues and Decision Memorandum (IDM).
\2\ See Assan's Letter, ``Assan Group's Ministerial Errors
Allegations in the Antidumping Duty Final Results,'' dated December
4, 2024; and Teknik's Letter, ``Teknik's Ministerial Error
Comments,'' dated December 4, 2024.
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Legal Framework
Section 751(h) of the Tariff Act of 1930, as amended (the Act),
defines a ``ministerial error'' as including ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other
unintentional error which the administering authority considers
ministerial.'' \3\ With respect to final results of administrative
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any
comments received and, if appropriate, correct any . . . ministerial
error by amending the final results of review . . .''
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\3\ See 19 CFR 351.224(f).
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Ministerial Error
Commerce reviewed the record, and we agree that the errors alleged
by Assan and Teknik constitute ministerial errors within the meaning of
section
[[Page 8516]]
751(h) of the Act and 19 CFR 351.224(f).\4\ Specifically, we find that
we made inadvertent errors in Assan's calculations related to the use
of the most up-to-date exchange rates and the calculation of insurance
expenses, and inadvertent errors in Teknik's calculations related to
freight revenue. Pursuant to 19 CFR 351.224(e), Commerce is amending
the Final Results to reflect the correction of the ministerial errors,
as described in the Ministerial Error Memorandum. Based on the
corrections, Assan's final dumping margin changed from 2.38 percent to
1.84 percent, and Teknik's final dumping margin changed from 2.72
percent to 2.04 percent. As a result, we are also revising the rate
assigned to the non-individually examined companies, utilizing the same
methodology in the Final Results, from 2.55 percent to 1.94 percent.
The amended estimated weighted-average dumping margins are listed in
the ``Amended Final Results of Review,'' section below.
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\4\ See Memorandum, ``Analysis of Ministerial Error
Allegation,'' dated concurrently with this notice (Ministerial Error
Memorandum).
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For a complete discussion of the ministerial error allegation, as
well as Commerce's analysis, see the Ministerial Error Memorandum. The
Ministerial Error Memorandum 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>.
Amended Final Results of Review
As a result of correcting the ministerial errors described above,
Commerce determines that the following estimated weighted-average
dumping margins exist for the period April 1, 2022, through March 31,
2023:
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Weighted-
average
Exporter dumping
margin
(percent)
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Assan Aluminyum Sanayi ve Ticaret A.S....................... 1.84
Teknik Aluminyum Sanayi A.S................................. 2.04
Non-Selected Companies \5\.................................. 1.94
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Disclosure
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\5\ 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.
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Commerce intends to disclose the calculations performed in
connection with these amended final results of review to interested
parties within five days after public announcement of the amended final
results or, if there is no public announcement, within five days of the
date of publication of the notice of amended final results in the
Federal Register, 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 margins are 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.
Consistent with Commerce's clarification of its assessment
practice, for entries of subject merchandise 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 if
there is no rate for the intermediate company(ies) involved in the
transaction.
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 LTFV investigation. These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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 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 countervailing duties.
Administrative Protective Order (APO)
This notice serves as the final reminder to parties subject to an
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 return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
[[Page 8517]]
Notification to Interested Parties
We are issuing and publishing these amended final results of review
in accordance with sections 751(h) and 777(i) of the Act, and 19 CFR
351.224(e).
Dated: January 23, 2025.
Abdelali Elouaradia,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2025-01944 Filed 1-29-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 30, 2025.
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