Notice2025-15119
Common Alloy Aluminum Sheet From the Republic of Türkiye: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2023-2024
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
August 8, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain producers/exporters sold common alloy aluminum sheet (aluminum sheet) from the Republic of T[uuml]rkiye (T[uuml]rkiye) in the United States at less than normal value (NV) during the period of review (POR) April 1, 2023, through March 31, 2024. Additionally, Commerce is rescinding this administrative review with respect to three companies under review. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 90 Issue 151 (Friday, August 8, 2025)</title>
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[Federal Register Volume 90, Number 151 (Friday, August 8, 2025)]
[Notices]
[Pages 38462-38465]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15119]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-839]
Common Alloy Aluminum Sheet From the Republic of T[uuml]rkiye:
Preliminary Results and Rescission, in Part, of Antidumping Duty
Administrative Review; 2023-2024
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain producers/exporters sold common alloy aluminum
sheet (aluminum sheet) from the Republic of T[uuml]rkiye (T[uuml]rkiye)
in the United States at less than normal value (NV) during the period
of review (POR) April 1, 2023, through March 31, 2024. Additionally,
Commerce is rescinding this administrative review with respect to three
companies under review. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable August 8, 2025.
FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, 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) 482-3586.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2021, Commerce published in the Federal Register the
antidumping duty order on common alloy aluminum sheet from
T[uuml]rkiye.\1\ On April 1, 2024, Commerce published a notice of
opportunity to request an administrative review of the Order, pursuant
to section 751(a)(1) of the Tariff Act of 1930, as amended (the
Act).\2\ On June 12, 2024, based on timely requests for a review, in
accordance with 19 CFR 351.221(c)(i), Commerce initiated an
administrative review of the Order, covering eight producers/
exporters.\3\
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\1\ See Common Alloy Aluminum Sheet from Bahrain, Brazil,
Croatia, Egypt, Germany, India, Indonesia, Italy, Oman, Romania,
Serbia, Slovenia, Southern Africa, Spain, Taiwan and the Republic of
Turkey: Antidumping Duty Orders, 86 FR 22139 (April 27, 2021)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 89 FR 22390 (April 1,
2024).
\3\ These companies are: (1) ASAS Aluminyum Sanayi ve Ticaret
A.S. (ASAS); (2) Assan Aluminyum Sanayi ve Ticaret A.S.; (3) Kibar
Americas, Inc. (Kibar Americas); (4) Kibar Dis Ticaret A.S. (Kibar
Dis); (5) Panda Aluminyum A.S. (Panda); (6) PMS Metal Profil
Aluminyum Sanayi ve Ticaret A.S. (PMS Metal); (7) TAC Metal Ticaret
Anonim Sirketi (TAC Metal); and (8) Teknik Aluminyum Sanayi A.S.
(Teknik). See Initiation of Antidumping and Countervailing Duty
Administrative Review, 89 FR 49844 (June 12, 2024).
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The mandatory respondents are: (1) Assan Aluminyum Sanayi ve
Ticaret A.S., Kibar Americas, and Kibar Dis (collectively, Assan) and
(2) Teknik. On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\4\ On November 27, 2024,
Commerce extended the deadline for these preliminary results by 120
days.\5\ On December 9, 2024, Commerce tolled certain deadlines in this
administrative review by an additional 90 days.\6\ The current deadline
for the preliminary results of this review is August 5, 2025.\7\
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\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated November
27, 2024.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\7\ Id.
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For a detailed 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
[[Page 38463]]
Memorandum is attached as an appendix to this notice. The Preliminary
Decision Memorandum is a public document and is available 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>.
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\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review: Common Alloy
Aluminum Sheet from the Republic of T[uuml]rkiye; 2023-2024,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The merchandise subject to the Order is aluminum sheet from
T[uuml]rkiye. For a complete description of the scope of the Order, see
the Preliminary Decision Memorandum.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an AD order where it determines
that there were no suspended entries of subject merchandise during the
POR. Thus, normally, upon completion of an administrative review,
suspended entries of subject merchandise are liquidated at the AD
assessment rate calculated for the review period.\9\ Therefore, for an
administrative review to be conducted, there must be a suspended entry
that Commerce can instruct U.S. Customs and Border Protection (CBP) to
liquidate at the calculated AD assessment rate for the review
period.\10\ Commerce may rescind an administrative review if it
concludes that, during the period covered by the review, there were no
entries, exports, or sales of subject merchandise, as the case may
be.\11\
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\9\ See 19 CFR 351.212(b)(1).
\10\ See, e.g., Shanghai Sunbeauty Trading Co. v. United States,
380 F. Supp. 3d 1328, 1335-36 (CIT 2019) (referring to section
741(a) of the Act, the U.S. Court of International Trade (CIT) held
that: ``While 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 liquidated rate for the review 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 (July 8,
2021), 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'').
\11\ See, e.g., Dioctyl Terephthalate from the Republic of
Korea: Rescission of Antidumping Duty Administrative Review; 2021-
2022, 88 FR 24758 (April 24, 2023); see also Certain Carbon and
Alloy Steel Cut-to Length Plate from the Federal Republic of
Germany: Recission of Antidumping Administrative Review; 2020-2021,
88 FR 4157 (January 24, 2023).
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The entry data that Commerce obtained from CBP showed no suspended
entries of subject merchandise from Panda, PMS Metals, and TAC Metals.
On July 29, 2025, Commerce notified interested parties of our intent to
rescind this administrative review with respect to these three
companies.\12\ No interested party commented on our intent to rescind
this administrative review with respect to Panda, PMS Metals, and TAC
Metals. Therefore, in the absence of any suspended entries of subject
merchandise during the POR from Panda, PMS Metals, and TAC Metals,
Commerce is rescinding this administrative review with respect to these
three companies, in accordance with 19 CFR 351.213(d)(3) and (4).
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\12\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated July 29, 2025.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(2) of the Act. We calculated constructed export price in
accordance with section 772(a) of the Act. We calculated NV in
accordance with section 773 of the Act. For a full description of the
methodology underlying these preliminary results, see the Preliminary
Decision Memorandum.
Rate for Companies Not Individually Examined
Generally, when calculating margins for non-selected respondents,
Commerce looks to section 735(c)(5) of the Act for guidance, which
provides instructions for calculating the all-others rate in an
investigation. Section 735(c)(5)(A) of the Act provides that when
calculating the all-others rate, Commerce will exclude any zero and de
minimis weighted-average dumping margins, as well as any weighted-
average dumping margins based on total facts available. Accordingly,
Commerce's usual practice has been to average the margins for selected
respondents, excluding margins that are zero, de minimis, or based
entirely on facts available. In this review, we calculated a weighted-
average dumping margin of 3.87 percent for Assan and 14.16 percent for
Teknik. In accordance with section 735(c)(5)(A) of the Act, Commerce
has assigned the weighted average of these two calculated weighted-
average dumping margins based on their publicly ranged sales data, 9.01
percent, to ASAS Aluminyum Sanayi ve Ticaret A.S. (ASAS), the non-
selected company, in these preliminary results.
Preliminary Results of the Review
We preliminarily determine the following weighted-average dumping
margins for the period April 1, 2023, through March 31, 2024.
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Weight-average
Exporter or producer dumping margin
(percent)
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Assan Aluminyum Sanayi ve Ticaret A.S............... 3.87
Teknik Aluminyum Sanayi A.S......................... 14.16
Review-Specific Rate for Non-Examined Companies:
ASAS Aluminyum Sanayi ve Ticaret A.S............ 9.01
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Disclosure
We intend to disclose the calculations performed to interested
parties for the preliminary results of review within five days of
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).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance.\13\ Pursuant to 19
CFR 351.309(c)(1)(ii), we have modified the deadline for interested
parties to submit case briefs to Commerce no later than 21 days after
the date of the publication of this notice. Rebuttal briefs, limited to
issues raised in the case briefs, may be
[[Page 38464]]
filed not later than seven days after the date for filing case
briefs.\14\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding are encouraged to submit with each argument:
(1) a statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities.\15\
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\13\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\14\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006,
17007 (March 26, 2020).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided to 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.\16\ 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 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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\16\ 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 must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically filed document must be received successfully
in its entirety by ACCESS by 5:00 p.m. Eastern Time within 30 days
after the date of publication of this notice. Requests should contain:
(1) the party's name, address, and telephone number; (2) the number of
participants; (3) whether any participant is a foreign national; and
(4) a list of issues the party intends to discuss. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs. If a request for a hearing is made, Commerce intends
to hold the hearing at a date and time to be determined.\17\
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\17\ See 19 CFR 351.310(c).
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All submissions, including case and rebuttal briefs, should be
filed via ACCESS.\18\ An electronically filed document must be received
successfully by 5:00 p.m. Eastern Time on the established deadline.
Note that Commerce has amended certain of its requirement pertaining to
the service of documents in 19 CFR 351.303(f).
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\18\ See 19 CFR 351.303.
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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 the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
Upon completion of this administrative review, pursuant to section
751(a)(2)(A) of the Act and 19 CFR 351.212(b)(1), Commerce shall
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).
If Assan's or Teknik'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, Commerce intends to calculate importer-specific assessment
rates on the basis of the ratio of the total amount of dumping
calculated for each importer's examined sales to the total entered
value of those sales. Where we do not have entered values for all U.S.
sales to a particular importer, we will calculate an importer-specific,
per-unit assessment rate on the basis of the ratio of the total amount
of dumping calculated for the importer's examined sales to the total
quantity of those sales.\19\ To determine whether an importer-specific,
per-unit assessment rate is de minimis, in accordance with 19 CFR
351.106(c)(2), we also will calculate an importer-specific ad valorem
ratio based on estimated entered values. If either Assan's or Teknik's
weighted-average dumping margin is zero or de minimis or where an
importer-specific ad valorem assessment rate is zero or de minimis, we
will instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\20\
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\19\ See 19 CFR 351.212(b)(1).
\20\ See 19 CFR 352.106(c)(2); see also 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).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Assan or
Teknik for which they did not know that the merchandise was destined
for the United States, we intend to instruct CBP to liquidate those
entries at the all-others rate in the original less-than-fair-value
(LTFV) investigation if there is no rate for the intermediate
company(ies) involved in the transaction.\21\
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\21\ 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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For ASAS, which was not selected for individual review, we will
assign an assessment rate based on the review-specific rate, calculated
as noted in the ``Rate for Companies Not Individually Examined''
section, above. The final results of this 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 applicable.\22\
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\22\ See section 751(a)(2)(C) of the Act.
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For Panda, PMS Metals, and TAC Metals 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 POR in
accordance with 19 CFR 351.212(c)(l)(i). Commerce intends to issue
rescission instructions to CBP no earlier than 35 days after the
publication of these preliminary results in the Federal Register.
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 in the Federal Register, as
provided for by section 751(a)(2)(C) of the Act: (1) the company-
specific cash deposit rate for Assan, Teknik, and ASAS 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
[[Page 38465]]
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.\23\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\23\ See Order, 85 FR at 17866.
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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 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.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h) and 351.221(b)(4).
Dated: August 1, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. Affiliation
V. Discussion of Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2025-15119 Filed 8-7-25; 8:45 am]
BILLING CODE 3510-DS-P
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