Notice2026-09912
Certain Aluminum Foil from the Republic of Türkiye: Notice of Court Decision Not in Harmony with the Final Determination of Antidumping Investigation; Notice of Amended Final Determination
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 18, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On May 5, 2026, the U.S. Court of International Trade (CIT) issued its final judgment in Assan Aluminyum Sanayi ve Ticaret A.S. v. United States, Consol. Court No. 21-00616, sustaining in part and dismissing in part the U.S. Department of Commerce (Commerce)'s remand redeterminations pertaining to the final determination in the investigation of sales at less than fair value (LTFV) of certain aluminum foil from the Republic of T[uuml]rkiye (T[uuml]rkiye) covering the period of investigation July 1, 2019 through June 30, 2020.\1\ Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's Final Determination, and that Commerce is amending the Final Determination and the resulting antidumping duty Order \2\ with respect to the estimated weighted-average dumping margin determined for Assan Aluminyum Sanayi ve Ticaret A.S. (Assan), Kibar Dis Ticaret A.S.; and Ispak Esnek Ambalaj Sanayi A.S. (collectively, Assan Single Entity).\3\ ---------------------------------------------------------------------------
Full Text
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<title>Federal Register, Volume 91 Issue 95 (Monday, May 18, 2026)</title>
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[Federal Register Volume 91, Number 95 (Monday, May 18, 2026)]
[Notices]
[Pages 28557-28559]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09912]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-844]
Certain Aluminum Foil from the Republic of T[uuml]rkiye: Notice
of Court Decision Not in Harmony with the Final Determination of
Antidumping Investigation; Notice of Amended Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On May 5, 2026, the U.S. Court of International Trade (CIT)
issued its final judgment in Assan
[[Page 28558]]
Aluminyum Sanayi ve Ticaret A.S. v. United States, Consol. Court No.
21-00616, sustaining in part and dismissing in part the U.S. Department
of Commerce (Commerce)'s remand redeterminations pertaining to the
final determination in the investigation of sales at less than fair
value (LTFV) of certain aluminum foil from the Republic of T[uuml]rkiye
(T[uuml]rkiye) covering the period of investigation July 1, 2019
through June 30, 2020.\1\ Commerce is notifying the public that the
CIT's final judgment is not in harmony with Commerce's Final
Determination, and that Commerce is amending the Final Determination
and the resulting antidumping duty Order \2\ with respect to the
estimated weighted-average dumping margin determined for Assan
Aluminyum Sanayi ve Ticaret A.S. (Assan), Kibar Dis Ticaret A.S.; and
Ispak Esnek Ambalaj Sanayi A.S. (collectively, Assan Single Entity).\3\
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\1\ See Certain Aluminum Foil from the Republic of Turkey: Final
Affirmative Determination of Sales at Less Than Fair Value, 86 FR
52880 (September 23, 2021) (Final Determination), and accompanying
Issues and Decision Memorandum (IDM).
\2\ 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).
\3\ See Final Determination, 86 FR at 52880 n.10 (``Commerce
determines that Assan Aluminyum Sanayi ve Ticaret A.S.; Kibar Dis
Ticaret A.S.; and Ispak Esnek Ambalaj Sanayi A.S. are a single
entity (collectively, the Assan Single Entity).'').
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DATES: Applicable May 15, 2026.
FOR FURTHER INFORMATION CONTACT: Erin Howard, 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) 482-3453.
SUPPLEMENTARY INFORMATION:
Background
On September 23, 2021, Commerce published its Final Determination
in the LTFV investigation of certain aluminum foil from T[uuml]rkiye.
On November 12, 2021, Commerce subsequently published the Order on
certain aluminum foil from T[uuml]rkiye.
Assan and the Aluminum Association Trade Enforcement Working Group
and its individual members (the Aluminum Association, or the
petitioner), appealed Commerce's Final Determination. On May 8, 2024,
the CIT remanded the Final Determination to Commerce, holding that
Commerce must reconsider or further explain its duty drawback
methodology and its treatment of Assan Single Entity's raw material
premium costs and net hedging gains.\4\
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\4\ See Assan Aluminyum Sanayi ve Ticaret A.S. v. United States,
Consol. Court No. 21-00616, Slip Op. 24-56 (CIT May 8, 2024) (First
Remand Order).
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In its First Final Results of Redetermination, issued in May 2024,
Commerce revised its duty drawback methodology to base the benefit only
on import duties associated with subject merchandise.\5\ Commerce also
provided further explanation for its treatment of Assan Single Entity's
raw material premium costs and net hedging gains, but made no change to
the underlying margin calculations for either of these issues.\6\ As a
result, the estimated weighted-average dumping margin for Assan Single
Entity and for all other producers and exporters changed from 2.28
percent to 2.30 percent. The CIT issued a judgment sustaining
Commerce's First Final Results of Redetermination on duty drawback and
raw material premium costs and remanded, in part, Commerce's
explanation of Assan Single Entity's net hedging gains, providing
Commerce with another opportunity to explain its analysis.\7\
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\5\ See Final Results of Redetermination Pursuant to Court
Remand in Assan Aluminyum Sanayi ve Ticaret A.S. v. United States,
Consol. Court No. 21-00616, Slip Op. 24-56 (CIT May 8, 2024), dated
September 5, 2024 (First Final Results of Redetermination).
\6\ Id.
\7\ See Assan Aluminyum Sanayi ve Ticaret A.S. v. United States,
Consol. Court No. 21-00616, Slip Op. 26-13 (CIT February 18, 2026)
(Second Remand Order).
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In its Second Draft Results of Redetermination, issued in April
2026, Commerce further explained its choice to rely on Assan's income
statement for classification of its net hedging gains over Assan's cash
flow statement, and continued to include these net hedging gains as an
offset to Assan Single Entity's reported cost of manufacturing.\8\
Subsequently, the petitioner filed a motion for dismissal of the
litigation. The CIT issued a judgment sustaining Commerce's First Final
Results of Redetermination with respect to Commerce's duty drawback
methodology and its treatment of Assan Single Entity's raw material
premium costs \9\ and dismissed the case with respect to the remaining
issue in the Second Remand Order.\10\
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\8\ See Draft Results of Redetermination Pursuant to Second
Court Remand in Assan Aluminyum Sanayi ve Ticaret A.S. v. United
States, Consol. Court No. 21-00616, Slip Op. 26-13 (CIT February 18,
2026), dated April 16, 2026 (Second Draft Results of
Redetermination).
\9\ See Second Remand Order at 18-19.
\10\ See Assan Aluminyum Sanayi ve Ticaret A.S. v. United
States, Consol. Ct. No. 21-00616 (CIT May 5, 2026) (Order of
Dismissal).
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Timken Notice
In its decision in Timken,\11\ as clarified by Diamond
Sawblades,\12\ the U.S. Court of Appeals for the Federal Circuit held
that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as
amended (the Act), Commerce must publish a notice of court decision
that is not ``in harmony'' with a Commerce determination and must
suspend liquidation of entries pending a ``conclusive'' court decision.
The CIT's February 18, 2026, judgment sustaining in part Commerce's
First Final Results of Redetermination and the CIT's May 5, 2026,
dismissal with respect to the remaining issue constitutes a final
decision of the CIT that is not in harmony with Commerce's Final
Determination. Thus, this notice is published in fulfillment of the
publication requirements of Timken.
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\11\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\12\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination
Because there is now a final court judgment, Commerce is amending
its Final Determination with respect to Assan Single Entity as follows:
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Amended final
Final determination determination Amended cash deposit rate
Exporter or Producer weighted-average weighted-average (adjusted for export
dumping margin\13\ dumping margin\14\ subsidy offsets)\15\
(percent) (percent) (Percent)
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Assan Aluminyum Sanayi ve Ticaret A.S.; 2.28 2.30 Not Applicable.
Kibar Dis Ticaret A.S.; Ispak Esnek See the ``Cash Deposit
Ambalaj Sanayi A.S. Requirements'' section
below.
All Others............................... 2.28 2.30 1.97.
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Cash Deposit Requirements
Because Assan Single Entity has a superseding cash deposit rate,
i.e., there have been final results published in a subsequent
administrative review,\16\ this notice will not affect the current cash
deposit rate for Assan Single Entity. For all other exporters or
producers that do not have a superseding cash deposit rate from a
completed segment of this proceeding, Commerce will issue revised cash
deposit instructions to U.S. Customs and Border Protection for cash
deposit rate for all-others producers and exporters.
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\13\ See Final Determination, 86 FR at 52881; see also Order, 86
FR at 62792.
\14\ See First Final Results of Redetermination at 35.
\15\ See, e.g., Order, 86 FR at 62792.
\16\ See Certain Aluminum Foil from the Republic of
T[uuml]rkiye: Final Results of Antidumping Duty Administrative
Review; 2022-2023, 90 FR 21896 (May 22, 2025).
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Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: May 12, 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.
[FR Doc. 2026-09912 Filed 5-15-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 18, 2026.
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