Notice2026-08951
Certain Aluminum Foil From the Republic of Türkiye: Preliminary Results and Rescission, in Part, of Countervailing Duty Administrative Review; 2023
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Published
May 6, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to producers and exporters of certain aluminum foil (aluminum foil) from the Republic of T[uuml]rkiye (T[uuml]rkiye). The period of review (POR) is January 1, 2023, through December 31, 2023. In addition, Commerce is rescinding the review, in part, with respect to one company. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 91 Issue 87 (Wednesday, May 6, 2026)</title>
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[Federal Register Volume 91, Number 87 (Wednesday, May 6, 2026)]
[Notices]
[Pages 24513-24515]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08951]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-845]
Certain Aluminum Foil From the Republic of T[uuml]rkiye:
Preliminary Results and Rescission, in Part, of 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 exporters of certain aluminum foil (aluminum foil) from the
Republic of T[uuml]rkiye (T[uuml]rkiye). The period of review (POR) is
January 1, 2023, through December 31, 2023. In addition, Commerce is
rescinding the review, in part, with respect to one company. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable May 6, 2026.
FOR FURTHER INFORMATION CONTACT: Caroline Carroll or Ian Riggs, AD/CVD
Operations, Office IX, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4948 or (202) 482-3810,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 9, 2024, Commerce tolled certain deadlines in this
administrative proceeding by 90 days.\1\ On December 18, 2024, based on
timely requests for review, Commerce initiated this administrative
review of the countervailing duty (CVD) order on aluminum foil from
T[uuml]rkiye.\2\ On March 10, 2025, Commerce issued the initial CVD
questionnaire to the Government of T[uuml]rkiye (GOT) and instructed
the GOT to forward the questionnaire to Assan Aluminyum Sanayi ve
Ticaret A.S. (Assan) and Panda Aluminyum A.S. (Panda).\3\
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\1\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 102856 (December 18, 2024).
\3\ Assan and Panda were the only companies remaining in the
review after all parties timely withdrew their review requests for
ASAS Aluminyum Sanayi ve Ticaret A.S. (ASAS); therefore, we did not
issue a respondent selection memorandum. See ASAS's Letter,
``Withdrawal of Request for Administrative Review,'' dated February
14, 2025 (ASAS' Withdrawal); see also Petitioners' Letter,
``Petitioners' Partial Withdrawal of Request for Review,'' dated
February 14, 2025 (Petitioners' Withdrawal).
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Due to the lapse in appropriations and Federal Government shutdown,
on November 14, 2025, Commerce tolled all deadlines in administrative
proceedings by 47 days.\4\ Additionally, due to a backlog of documents
that were electronically filed via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS) during the Federal Government shutdown, on November 24,
2025, Commerce tolled all deadlines in administrative proceedings by an
additional 21 days.\5\ Further, on December 11, 2025, Commerce extended
the deadline for the preliminary results by an additional 78 days.\6\
Finally, on March 10, 2026, Commerce extended the deadline for the
preliminary results by an additional 35 days.\7\ Accordingly, the
deadline for the preliminary results is now April 30, 2026.
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\4\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\5\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2023 Countervailing Duty Administrative Review,'' dated
December 11, 2025.
\7\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2023 Countervailing Duty Administrative Review,'' dated
March 10, 2026.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary
[[Page 24514]]
Decision Memorandum.\8\ 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 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/frnotices">https://access.trade.gov/frnotices</a>.
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\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review of Certain
Aluminum Foil 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>9</SUP>
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\9\ See Certain Aluminum Foil from the Sultanate of Oman and the
Republic of Turkey: Countervailing Duty Orders, 86 FR 62782
(November 12, 2021) (Order).
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The merchandise covered by the Order is aluminum foil from
T[uuml]rkiye. For a complete description of the scope of the Order, see
the Preliminary Decision Memorandum.
Rescission of Administrative Review, In Part
In accordance with 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if all parties that
requested the review withdraw their request within 90 days of the date
of publication of the notice of initiation. As noted above, Commerce
received timely-filed withdrawal requests with respect to ASAS, and no
other parties requested a review of this company.\10\ Therefore, we are
rescinding this administrative review with respect to ASAS, pursuant to
19 CFR 351.213(d)(1).
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\10\ See ASAS' Withdrawal; see also Petitioners' Withdrawal.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, Commerce preliminarily
determines that there is a subsidy, i.e., a financial contribution by
an ``authority'' that gives rise to a benefit to the recipient, and
that the subsidy is specific.\11\ For a full description of the
methodology underlying our conclusions, including our reliance, in
part, on facts otherwise available with adverse inferences pursuant to
sections 776(a) and (b) of the Act, see the Preliminary Decision
Memorandum.
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\11\ 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 Results of Review
As a result of this review, we preliminarily determine the
following net countervailable subsidy rates exist for the POR, January
1, 2023, through December 31, 2023: <SUP>12 13</SUP>
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\12\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Assan: Ispak Esnek Ambalaj Sanayi A.S.; and Kibar Holding A.S. We
note that Assan has an affiliated trading company through which it
exported certain subject merchandise, Kibar Dis Ticaret A.S. (Kibar
Dis). Therefore, because Kibar Dis' subsidies are included as part
of Assan's total subsidy rate, we have not assigned a subsidy rate
to Kibar Dis. Entries of subject merchandise exported by Kibar Dis
will receive the rate of the producer listed on the U.S. Customs and
Border Protection (CBP) entry form.
\13\ We note that Panda has an affiliated trading company
through which it exported certain subject merchandise, Seherli
Dan[inodot][scedil]manl[inodot]k A.[Scedil]. (Seherli). Seherli was
not selected as a mandatory respondent but was examined in the
context of Panda. Therefore, because Seherli's subsidies are
included as part of Panda's total subsidy rate, we have not assigned
a subsidy rate to Seherli. Entries of subject merchandise exported
by Seherli will receive the rate of the producer listed on the CBP
entry form.
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Subsidy rate
Company (percent ad
valorem)
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Assan Aluminyum Sanayi ve Ticaret A.S.\12\.............. 2.65
Panda Aluminyum A.S.\13\................................ 3.82
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results 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
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than 21 days after the date of publication
of this notice. 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. 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.\14\ All briefs must be
filed electronically using ACCESS. 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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\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).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), we request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\15\ 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 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
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).\16\
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\15\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\16\ See APO and Service Procedures.
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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 by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice. Requests should contain the party's name
and address, the number of participants; and a list of issues to be
discussed. Oral presentations at the hearing will be limited to issues
raised in the case and rebuttal briefs. If a request for a hearing is
made, Commerce will inform parties of the scheduled date for the
hearing.\17\
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\17\ See 19 CFR 351.310(d).
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Verification
On March 21, 2025, the petitioners requested that Commerce conduct
verification of Assan's responses.\18\ Accordingly, in February 2026,
as provided in section 782(i)(3) of the Act, we verified Assan's
information relied upon for the preliminary results of this review.\19\
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\18\ See Petitioners' Letter, ``Petitioners' Request for
Verification,'' dated March 21, 2025.
\19\ See Memornadum, '' Verification of the Questionnaire
Responses of Assan Aluminyum Sanayi ve Ticaret A.[Scedil]. in the
2023 Countervailing Duty Administrative Review of Certain Aluminum
Foil from the Republic of T[uuml]rkiye,'' dated April 22, 2026.
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Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
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countervailing duties on all appropriate entries covered by this
review.
For ASAS, Commerce will instruct CBP to assess countervailing
duties on all appropriate entries at a rate equal to the cash deposit
of estimated countervailing duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period January
1, 2023, through December 31, 2023, in accordance with 19 CFR
351.212(c)(l)(i). Commerce intends to issue assessment instructions to
CBP regarding ASAS no earlier than 35 days after the date of
publication of this notice in the Federal Register.
For Assan and Panda, 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
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.107(e),
Commerce intends to instruct CBP to collect cash deposits of estimated
countervailing duties 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, as follows:
(1) the cash deposit rate for the companies listed above will be equal
to the company-specific estimated individual countervailable subsidy
rates determined in the final results of this 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), in which case the cash deposit rate
will be zero; (2) if both the producer and exporter of the subject
merchandise have company-specific estimated subsidy rates assigned, and
their rates differ, then the applicable cash deposit rate will be the
higher of these two rates; (3) if either the producer or the exporter,
but not both, of the subject merchandise has a company-specific
estimated subsidy rate assigned, the applicable cash deposit rate will
be that company's company-specific rate; and (4) the cash deposit rate
for all other producers and exporters will be continue to be 2.60
percent, the all-others rate established in the investigation.\20\
These cash deposit instructions, when imposed, shall remain in effect
until further notice.
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\20\ See Order.
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Final Results of Administrative Review
Unless the deadline in extended, pursuant to section 751(a)(3)(A)
of the Act and 19 CFR 351.213(h), Commerce intend to issue the final
results of this administrative review, including the results of our
analysis of the issues raised by the parties in any written briefs,
within 120 days after the date of publication of these preliminary
results in the Federal Register.
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
351.221(b)(4).
Dated: April 30, 2026.
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. Diversification of T[uuml]rkiye's Economy
V. Subsidies Valuation
VI. Application of Facts Available and Adverse Inferences
VII. Benchmarks and Interest Rates
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2026-08951 Filed 5-5-26; 8:45 am]
BILLING CODE 3510-DS-P
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