Notice2025-15128
Common Alloy Aluminum Sheet From the Republic of Türkiye: Preliminary Results of the Countervailing Duty Administrative Review; 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
August 8, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to producers and/or exporters of common alloy aluminum sheet (aluminum sheet) from the Republic of T[uuml]rkiye (T[uuml]rkiye), during the period of review (POR) January 1, 2023, through December 31, 2023. Interested parties are invited to comment on these preliminary results of review.
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 38453-38455]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15128]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-840]
Common Alloy Aluminum Sheet From the Republic of T[uuml]rkiye:
Preliminary Results of the Countervailing Duty Administrative Review;
2023
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/or exporters of common alloy aluminum sheet (aluminum sheet) from
the Republic of T[uuml]rkiye (T[uuml]rkiye), during the period of
review (POR) January 1, 2023, through December 31, 2023. Interested
parties are invited to comment on these preliminary results of review.
DATES: Applicable August 8, 2025.
FOR FURTHER INFORMATION CONTACT: Charles DeFilippo and Jacob Saude, 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) 482-3797 and (202)
482-0981, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 12, 2024, Commerce published in the Federal Register the
initiation notice for this administrative review of the countervailing
duty order on aluminum sheet from T[uuml]rkiye.\1\ Commerce selected
Assan Aluminyum Sanayi ve Ticaret A.S., Kibar Americas, Inc., and Kibar
D[inodot][scedil] Ticaret A.S. (collectively, Assan) and Teknik
Aluminyum Sanayi A.S. (Teknik) as the mandatory respondents in this
administrative review.\2\ On July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\3\ On
December 9, 2024, Commerce tolled certain deadlines by an additional 90
days.\4\ On March 26, 2025, Commerce extended the deadline for these
preliminary results to August 5, 2025.\5\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 49844 (June 12, 2024).
\2\ See Memorandum, ``Respondent Selection,'' dated August 29,
2024.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated March
26, 2025.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
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>.
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review of Common
Alloy Aluminum Sheet from the Republic of T[uuml]rkiye; 2023,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order <SUP>7</SUP>
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\7\ See Common Alloy Aluminum Sheet from Bahrain, India, and the
Republic of Turkey: Countervailing Duty Orders, 86 FR 22144 (April
27, 2021) (Order).
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The merchandise subject to the Order is common alloy aluminum sheet
from T[uuml]rkiye. A complete description of the scope of the Order is
provided in the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs preliminarily found to be
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution from an authority that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\8\ For a full description of the methodology underlying our
conclusions, including Commerce's reliance on facts available pursuant
to section 776(a) of the Act, see the Preliminary Decision Memorandum.
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\8\ 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.
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Preliminary Rate for Non-Selected Companies Under Review
The Act and Commerce's regulations do not directly address the
subsidy rate
[[Page 38454]]
to be applied to companies not selected for individual examination
where Commerce limits its examination in an administrative review
pursuant to section 777A(e)(2) of the Act. However, Commerce normally
determines the rates for non-selected companies in reviews in a manner
that is consistent with section 705(c)(5) of the Act, which provides
instructions for calculating the all others rate in an investigation.
Section 777A(e)(2) of the Act provides that ``the individual
countervailable subsidy rates determined under subparagraph (A) shall
be used to determine the all-others rate under section 705(c)(5) {of
the Act{time} .'' Section 705(c)(5)(A) of the Act states that for
companies not investigated, in general, we will determine an all-others
rate by weight averaging the countervailable subsidy rates established
for each of the companies individually investigated, excluding zero and
de minimis rates or any rates based solely on the facts available.
Accordingly, to determine the rate for companies not selected for
individual examination, Commerce's practice is to weight average the
net subsidy rates for the selected mandatory respondents, excluding
rates that are zero, de minimis, or based entirely on facts
available.\9\ In this review, we preliminarily calculated a de minimis
rate for Teknik. Therefore, the only rate that is not zero, de minimis
or based entirely on facts otherwise available is the rate calculated
for Assan. Therefore, we are preliminarily assigning Assan's rate to
the non-selected companies.\10\
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\9\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
\10\ See Memorandum, ``Calculation of Subsidy Rate for Non-
Selected Companies Under Review,'' dated concurrently with this
memorandum.
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Preliminary Results of Review
As a result of this review, we preliminarily determine the net
countervailable subsidy rates for the period January 1, 2023, through
December 31, 2023, to be:
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Subsidy rate
Company (percent)
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Assan Aluminyum Sanayi ve Ticaret A.S.\11\.............. 2.21
Teknik Aluminyum Sanayi A.S............................. * 0.13
Companies Not Selected for Individual Examination \12\.. 2.21
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* De minimis.
Disclosure
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\11\ This rate is applicable to Assan and its cross-owned
companies Kibar Americas, Inc., and Kibar D[inodot][scedil] Ticaret
A.S.
\12\ The companies for which a review was requested, and which
were not selected for individual examination as mandatory
respondents or found to be cross-owned with a mandatory respondent,
are ASAS Aluminyum Sanayi ve Ticaret A.S and P.M.S. Metal Profil
Aluminum Sanayi Ve Ticaret A.S.
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Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties 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).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance.\13\ Interested
parties will be notified of the timeline for the submission of case
briefs and written comments at a later date. Rebuttal briefs, limited
to issues raised in the case briefs, may be filed not later than five
days after the date of filing case briefs.\14\ 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.\15\ All briefs must be filed electronically using
ACCESS.\16\ An electronically filed document must be received
successfully in its entirety in ACCESS by 5:00 p.m. Eastern Time on the
established deadline.
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\13\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general requirements).
\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).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
\16\ See 19 CFR 351.303 (for general requirements).
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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 review, we instead request that
parties provide at the beginning of their briefs a public, executive
summary for each issue raised in their briefs. 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 determination in this investigation. We request that interested
parties include footnotes for relevant citations in the public
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).\17\
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\17\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, 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 and whether any participant is a foreign national; and (3)
a list of the issues to be discussed. If a request for a hearing is
made, Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date of the
hearing.
Assessment Rates
Consistent with section 75l(a)(l) of the Act and 19 CFR
35l.212(b)(2), upon issuance of the final results, Commerce will
determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review at the applicable ad valorem
assessment rates listed for the corresponding time period (i.e.,
January 1, 2023, through December 31, 2023). We intend to issue
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
[[Page 38455]]
time for parties to file a request for a statutory injection has
expired (i.e., within 90 days of publication).
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends upon publication of the final results, to instruct CBP to
collect cash deposits of the estimated countervailing duties in the
amounts calculated in the final results of this review for the
respective companies listed 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. If
the rate calculated in the final results is zero or de minimis, no cash
deposit will be required on shipments of the 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 (i.e., 3.45 percent).\18\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\18\ See Order.
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Final Results of Review
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised by parties in their comments, within 120
days after the date of publication of these preliminary results.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(l) and 777(i)(l) of the Act, and 19 CFR
351.221(b)(4).
Dated: August 5, 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. Rate for Non-Selected Companies
V. Use of Fact Otherwise Available and Application of Adverse
Inferences
VI. Subsidies Valuation Information
VII. Benchmarks and Interest Rates
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2025-15128 Filed 8-7-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 8, 2025.
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