Notice2026-09320
Certain Aluminum Foil 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
May 12, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain producers/exporters subject to this administrative review made sales of subject merchandise at less than normal value (NV) during the period of review (POR) November 1, 2023, through October 31, 2024. In addition, we are 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 91 (Tuesday, May 12, 2026)</title>
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[Federal Register Volume 91, Number 91 (Tuesday, May 12, 2026)]
[Notices]
[Pages 25857-25859]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09320]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-844]
Certain Aluminum Foil 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 subject to this
administrative review made sales of subject merchandise at less than
normal value (NV) during the period of review (POR) November 1, 2023,
through October 31, 2024. In addition, we are rescinding the review, in
part, with respect to one company. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable May 12, 2026.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen, 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.
SUPPLEMENTARY INFORMATION:
Background
On November 12, 2021, Commerce published in the Federal Register
the antidumping duty order on certain aluminum foil (aluminum foil)
from the Republic of T[uuml]rkiye (T[uuml]rkiye).\1\ On November 1,
2024, we published in the Federal Register a notice of opportunity to
request an administrative review of the Order for the POR.\2\ On
December 18, 2024, based on timely requests for an administrative
review, Commerce initiated an administrative review of the Order with
respect to three companies.\3\ On January 10, 2025, Commerce selected
the Assan Single Entity \4\ and ASAS Al[uuml]minyum Sanayi Ve Ticaret
A.[Scedil]. (ASAS) as the mandatory respondents in this administrative
review.\5\ On February 14, 2025, the Aluminum Association Trade
Enforcement Working Group (the petitioners) and ASAS withdrew their
review requests for ASAS.\6\ On April 8, 2025, Commerce selected Panda
Al[uuml]minyum A.[Scedil]. (Panda) as a replacement mandatory
respondent in this administrative review.\7\
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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 T[uuml]rkiye: Antidumping Duty Orders, 86 FR 62790
(November 12, 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 87338 (November
1, 2024).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 102856, 102861 (December 18, 2024)
(Initiation Notice). Three of these five companies comprise a single
entity. See footnote 4, infra.
\4\ Commerce previously determined that Assan Aluminyum Sanayi
ve Ticaret A.S., Kibar Dis Ticaret A.S., and Ispak Esnek Ambalaj
Sanayi A.S., comprise the Assan Single Entity. See Certain Aluminum
Foil from the Republic of T[uuml]rkiye: Final Affirmative
Determination of Sales at Less Than Fair Value, 86 FR 52880 n.10
(September 23, 2021); see also Initiation Notice, 89 FR at 102857
(``Commerce will not conduct collapsing analyses at the respondent
selection phase of this review and will not collapse companies at
the respondent selection phase unless there has been a determination
to collapse certain companies in a previous segment of this
{antidumping duty{time} proceeding (e.g., investigation,
administrative review, new shipper review, or changed circumstances
review).'').
\5\ See Memorandum, ``Respondent Selection,'' dated January 10,
2025.
\6\ See ASAS' Letter, ``Withdrawal of Request for Administrative
Review;'' and the Petitioners Letter, ``Petitioners' Partial
Withdrawal of Request for Review,'' both dated February 14, 2025.
\7\ See Memorandum, ``Selection of a Replacement Mandatory
Respondent,'' dated April 8, 2025.
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On September 26, 2025, Commerce extended the deadline to issue
these preliminary results.\8\ Due to the lapse in appropriations and
Federal Government shutdown, on November 14, 2025, Commerce tolled all
deadlines in administrative proceedings by 47 days.\9\ 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.\10\
Accordingly, the deadline for the preliminary results is now May 6,
2026.
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\8\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2023-2024,''
dated September 26, 2025.
\9\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\10\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
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For a complete description of the methodology in these preliminary
[[Page 25858]]
results, see the Preliminary Decision Memorandum. A list of topics
discussed in the Preliminary Decision Memorandum is attached in the
appendix to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public via 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/frnotices">https://access.trade.gov/frnotices</a>.
Scope of the Order
The merchandise covered by the Order is aluminum foil from
T[uuml]rkiye. For a complete description of the scope of this Order,
see the Preliminary Decision Memorandum.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested the review withdraw their review requests within 90 days of
the date of publication of the notice of initiation for the requested
review.\11\ As noted above, Commerce received timely-filed withdrawal
requests with respect to ASAS and no other parties requested an
administrative review of ASAS. Therefore, Commerce is rescinding the
administrative review with respect to ASAS in accordance with 19 CFR
351.213(d)(1).
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\11\ See Initiation Notice, 89 FR at 102857.
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Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
We calculated export price and constructed export price and NV in
accordance with sections 772 and 773 of the Act, respectively.
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins exist for the period
November 1, 2023, through October 31, 2024:
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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 1.84
Ticaret A.S., and Ispak Esnek Ambalaj Sanayi
A.S\12\............................................
Panda Al[uuml]minyum A.[Scedil]..................... 7.39
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Disclosure
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\12\ This rate is assigned to the Assan Single Entity comprising
Assan Aluminyum Sanayi ve Ticaret A.S., Kibar Dis Ticaret A.S., and
Ispak Esnek Ambalaj Sanayi A.S. See footnote 4, supra.
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We intend to disclose the 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 after the date of publication of this notice in accordance
with 19 CFR 351.224(b).
Verification
On March 21, 2025, the petitioner requested that Commerce conduct
verification of respondents' responses.\13\ Accordingly, in August
2025, as provided in section 782(i)(3) of the Act, we verified the
Assan Single Entity's information relied upon for the preliminary
results of this review.\14\
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\13\ See Petitioner's Letter, ``Request for Verification,''
dated March 21, 2025.
\14\ See Memorandum, ``Home-Market Sales Verification Report,''
dated September 3, 2025.
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Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs to Commerce no later than 21 days after the date of
publication of this notice.\15\ 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.\16\ 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.\17\ 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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\15\ See also 19 CFR 351.303 (for general filing requirements).
\16\ See 19 CFR 351.309(d)(1); 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 Final Rule).
\17\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we
request that interested parties provide at the beginning of their
briefs a public executive summary for each issue raised in their
briefs.\18\ 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 results in this administrative
review. 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).\19\
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\18\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\19\ See APO and Service Final Rule.
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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. Hearing 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 issues to be discussed. Oral presentations at the hearing
will be limited to issues raised in the case and rebuttal briefs. If a
hearing request is made, Commerce will inform parties of the scheduled
date for the hearing.\20\
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\20\ See 19 CFR 351.310(d).
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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.\21\
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\21\ See 19 CFR 351.212(b)(1).
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If an individually examined respondent'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 and 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.\22\ If the respondent's weighted-
average dumping margin or 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.\23\
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\22\ Id.
\23\ See 19 CFR 351.106(c)(2).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by the
individually examined respondents 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 calculated in the
investigation if there is no rate for the intermediate company(ies)
involved in the transaction.\24\
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\24\ 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, for which this review is being rescinded, Commerce will
instruct CBP to assess antidumping duties on all appropriate entries.
Antidumping duties shall be assessed at rates equal to the cash deposit
rate for estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, in accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to issue rescission instructions to
CBP no earlier than 35 days after the date of publication of this
notice in the Federal Register.
Commerce intends to issue assessment instructions to CBP regarding
the individually examined respondents 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
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
listed above will be that established 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) for previously investigated or
reviewed companies not covered by this review, the cash deposit rate
will continue to be the company-specific cash deposit rate published
for the most recently completed segment of this proceeding in which the
company participated; (3) if the exporter is not a firm covered in this
review, or the investigation, but the manufacturer is, then the cash
deposit rate will be the rate established for the most recent segment
for the manufacturer 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.\25\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\25\ See Order, 86 FR at 62792.
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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 issues raised in written briefs, no later than 120 days
after the date of publication of this notice in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
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 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, and/or an
increase in the amount of antidumping duties by the amount of
countervailing duties.
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
351.213(d)(1), 19 CFR 351.213(h)(2), and 19 CFR 351.221(b)(4).
Dated: May 6, 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. Verification
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2026-09320 Filed 5-11-26; 8:45 am]
BILLING CODE 3510-DS-P
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