Notice2025-09247
Certain Aluminum Foil 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
May 22, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain producers and exporters subject to this administrative review made sales of subject merchandise at less than normal value during the period of review (POR) November 1, 2022, through October 31, 2023.
Full Text
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<title>Federal Register, Volume 90 Issue 98 (Thursday, May 22, 2025)</title>
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[Federal Register Volume 90, Number 98 (Thursday, May 22, 2025)]
[Notices]
[Pages 21896-21897]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09247]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-844]
Certain Aluminum Foil 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
certain producers and exporters subject to this administrative review
made sales of subject merchandise at less than normal value during the
period of review (POR) November 1, 2022, through October 31, 2023.
DATES: Applicable May 22, 2025.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Christopher Williams,
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) 482-3683 and (202)
482-5166, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 13, 2024, Commerce published in the Federal Register
the preliminary results of this administrative review of the
antidumping duty order \1\ on certain aluminum foil (aluminum foil)
from the Republic of T[uuml]rkiye (T[uuml]rkiye), rescinded the
administrative review of two companies, and invited interested parties
to comment.\2\ This review covers two producers/exporters of the
subject merchandise, Assan Aluminyum Sanayi ve Ticaret A.S., Kibar Dis
Ticaret A.S., and Ispak Esnek Ambalaj Sanayi A.S. (collectively, the
Assan Single Entity \3\), and Panda Aluminyum A.S. (Panda).
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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 Turkey: Antidumping Duty Orders, 86 FR 62790 (November
12, 2021) (Order).
\2\ See Certain Aluminum Foil from the Republic of T[uuml]rkiye:
Preliminary Results and Rescission, in Part, of Antidumping Duty
Administrative Review; 2022-2023, 89 FR 100977 (December 13, 2024)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\3\ Commerce determined in the investigation that these three
companies are a single entity. See Certain Aluminum Foil from the
Republic of Turkey: Final Affirmative Determination of Sales at Less
Than Fair Value, 86 FR 52880 n.10 (September 23, 2021). Therefore,
we continue to treat these companies as a single entity in this
review; no party commented on this treatment.
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On December 9, 2024, Commerce tolled the deadline to issue the
final results in this administrative review by 90 days.\4\ Accordingly,
the deadline for these final results is now July 8, 2025. A summary of
the events that occurred since 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.\5\
Commerce conducted this review in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended (the Act).
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\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review: Certain
Aluminum Foil from the Republic of T[uuml]rkiye; 2022-2023,'' dated
concurrently with, and hereby adopted by this notice (Issues and
Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order is aluminum foil from
T[uuml]rkiye. A full description of the scope of the Order is contained
in the Issues and Decision Memorandum.\6\
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\6\ Id.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this administrative review are addressed in the Issues and Decision
Memorandum and 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 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 review of the record, including comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we made
certain changes for the final results of review.
Final Results of Review
Commerce determines 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 Aluminyum Sanayi ve Ticaret A.S.; Kibar Dis Ticaret 2.34
A.S.; and Ispak Esnek Ambalaj Sanayi A.S...................
Panda Aluminyum A.S......................................... 6.32
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results of review to interested parties in
this review within five days after public announcement of the final
results 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).
Assessment
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, 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.
Because the weighted-average dumping margins for the Assan Single
Entity and Panda are not zero or de minimis (i.e., less than 0.50
percent) in the final results of this review, we calculated an
importer-specific assessment rate based on the ratio of the total
amount of dumping calculated for each importer's examined sales to the
total entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\7\ Where an importer-specific assessment rate is zero or
de minimis (i.e., less than 0.5 percent), the entries by that importer
will be liquidated without regard to antidumping duties. 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
[[Page 21897]]
review and for future deposits of estimated duties, where
applicable.\8\
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\7\ In these final results, Commerce applied the assessment rate
calculation method adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and Assessment Rate in
Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
\8\ See section 751(a)(2)(C) of the Act.
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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 it sold to the intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.\9\
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\9\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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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
Upon publication of this notice in the Federal Register, the
following cash deposit requirements will be effective for all shipments
of the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for companies
subject to this review will be equal to the company-specific weighted-
average dumping margins established in the final results of the review;
(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 has been covered in a prior completed
segment of this proceeding, then the cash deposit rate will be the rate
established in the completed segment for the most recent period 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.\10\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\10\ See Order, 86 FR at 62792.
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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 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.
Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or destruction 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 or 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 subject
to sanction.
Notification to Interested Parties
Commerce is issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: May 16, 2025.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
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: Monthly Comparisons of U.S. Price with Normal Value
Due to High Inflation
Comment 2: Inward Processing Certificate Date Used to Determine
POR Export Sales for Duty Drawback Calculation
Comment 3: Duty Drawback Adjustment to U.S. Sales Associated
with Open Inward Processing Certificates
Comment 4: Inclusion of Exempted Stamp Taxes in Duty Drawback
Benefit
Comment 5: Use of Open Inward Processing Certificate Import
Duties to Calculate Cost-Side Duty Drawback Adjustment
Comment 6: The Assan Single Entity's Other Discounts
Comment 7: Ispak's Home Market Sales
Comment 8: Ispak's U.S. Sales and Packing Expenses
Comment 9: Error in Producer Price Index Used in Panda's Margin
Calculation
Comment 10: Panda's U.S. Billing Adjustments
Comment 11: High Inflation Methodology for Panda
VI. Recommendation
[FR Doc. 2025-09247 Filed 5-21-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 22, 2025.
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