[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Notices]
[Pages 75274-75276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24254]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-840]


Common Alloy Aluminum Sheet From the Republic of Turkey: Final 
Results of Countervailing Duty Administrative Review, 2020-2021

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to certain producers and 
exporters of common alloy aluminum sheet (aluminum sheet) from the 
Republic of Turkey (Turkey). The period of review is August 14, 2020, 
through December 31, 2021.

DATES: Applicable November 2, 2023.

FOR FURTHER INFORMATION CONTACT: Dan Alexander, 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) 482-4313.

Background

    Commerce published the Preliminary Results of this review on May 
10, 2023.\1\ On August 24, 2023, Commerce extended the final results of 
this review to October 26, 2023.\2\ For a complete description of the 
events that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\3\
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    \1\ See Common Alloy Aluminum Sheet from the Republic of Turkey: 
Preliminary Results of the 2020-2021 Administrative Review, 88 FR 
30092 (May 10, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Third Extension of Deadline for Final 
Results of Countervailing Duty Administrative Review,'' dated 
September 28, 2023.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results in the Countervailing Duty Administration Review of 
Common Alloy Aluminum Sheet from the Republic of Turkey; 2020-
2021,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
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Scope of the Order <SUP>4</SUP>
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    \4\ 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 product covered by this Order is aluminum sheet from Turkey. 
For a complete description of the scope of this Order, see the Issues 
and Decision Memorandum.

Analysis of Comments Received

    All issues raised by the interested parties in their case and 
rebuttal briefs are addressed in the Issues and Decision Memorandum. A 
list of these issues is provided in the appendix to this notice. The 
Issues and 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 https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Methodology

    Commerce conducted 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 found countervailable, we find that 
there is a subsidy, i.e., a government-provided financial contribution 
that gives rise to a benefit to the recipient, and that the subsidy is 
specific.\5\ For a full description of the methodology underlying all 
of Commerce's conclusions, including our reliance, in part, on facts 
otherwise available, including adverse facts available, pursuant to 
sections 776(a) and (b) of the Act, see the Issues and Decision 
Memorandum.
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    \5\ 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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Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties regarding our Preliminary Results, and for the 
reasons explained in the Issues and Decision Memorandum, Commerce 
revised the calculations for the net countervailable subsidy rates for 
these final results of review.

Companies Not Selected for Individual Review

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, Commerce looks to section 705(c)(5) of the Act, which 
provides instructions for determining the all-others rate in an 
investigation, for guidance when calculating the rate for companies 
which were not selected

[[Page 75275]]

for individual examination in an administrative review. Under section 
705(c)(5)(A) of the Act, the all-others rate is normally an amount 
equal to the weighted average of the countervailable subsidy rates 
established for exporters and producers individually investigated, 
excluding any zero or de minimis countervailable subsidy rates, and any 
rates determined entirely on the basis of facts available.
    There is one company for which a review was requested and not 
rescinded, and which was not selected as a mandatory respondent or 
found to be cross owned with a mandatory respondent: P.M.S. Metal 
Profil Aluminyum Sanayi Ve Ticaret A.S.
    Assan and Teknik received countervailable subsidies that are above 
de minimis and are not based entirely on facts available for 2020.\6\ 
Commerce calculated the all-others' rate using a simple average of the 
individual estimated subsidy rates calculated for the examined 
respondents.\7\ Assan and Teknik received countervailable subsidies 
that are above de minimis and are not based entirely on facts available 
for 2021. Therefore, we calculated the all-others' rate using a simple 
average of the individual estimated subsidy rates calculated for the 
examined respondents.\8\
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    \6\ See Memorandum, ``Calculation of Subsidy Rate for Non-
Selected Companies Under Review,'' dated concurrently with this 
memorandum.
    \7\ With two respondents under examination, Commerce normally 
calculates (A) a weighted average of the estimated subsidy rates 
calculated for the examined respondents; (B) a simple average of the 
estimated subsidy rates calculated for the examined respondents; and 
(C) a weighted average of the estimated subsidy rates calculated for 
the examined respondents using each company's publicly ranged U.S. 
sale quantities for the merchandise under consideration. Commerce 
then compares (B) and (C) to (A) and selects the rate closest to (A) 
as the most appropriate rate for all other producers and exporters. 
See, e.g., Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010). Because complete publicly ranged sales data was 
not available, Commerce could not follow its normal 
methodology.Therefore, we used a simple average of the estimated 
subsidy rates calculated for the examined respondents.
    \8\ Id.
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Final Results of the Administrative Review

    Commerce determines the net countervailable subsidy rates for the 
period August 14, 2020, through December 31, 2021, to be as follows:
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    \9\ Commerce has found Kibar Holding to be cross-owned with 
Assan Aluminyum Sanayi ve Ticaret A.S., pursuant to 19 CFR 
351.525(b)(6)(vi); see Common Alloy Aluminum Sheet From the Republic 
of Turkey: Final Affirmative Countervailing Duty Determination and 
Final Affirmative Determination of Critical Circumstances, in Part, 
86 FR 13315 (March 8, 2021). We also note that Assan has an 
affiliated trading company through which it exported certain subject 
merchandise during the POR, Kibar Dis. Kibar Dis was not selected as 
a mandatory respondent, but was examined in the context of Assan. 
Therefore, there is not an established CVD rate for Kibar Dis. 
Instead, 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.

------------------------------------------------------------------------
                                           Subsidy rate    Subsidy rate
                 Company                    (percent ad     (percent ad
                                           valorem) 2020   valorem) 2021
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Assan Aluminyum Sanayi ve Ticaret A.S               3.29            1.15
 \9\....................................
Teknik Aluminyum Sanayi A.S.............            1.08            0.69
Companies Not Selected for Individual               2.19            0.92
 Review.................................
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Disclosure

    Commerce intends to disclose the calculations and analysis 
performed for these final results of review within five days of the 
date of publication of this notice in the Federal Register, in 
accordance with 19 CFR 351.224(b).

Assessment Rate

    Consistent with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), upon issuance of the final results, Commerce shall 
determine, and Customs and Border Protection shall assess, 
countervailing duties on all appropriate entries covered by this 
review. Commerce intends to issue assessment instructions to U.S. 
Customs and Border Protection (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

    In accordance with section 751(a)(1) of the Act, we also intend to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown above for the above-listed companies with 
regard to shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of these 
final results of review. For all non-reviewed firms, CBP will continue 
to collect cash deposits of estimated countervailing duties at the all-
others rate or the most recent company-specific rate applicable to the 
company, as appropriate. These cash deposit requirements, effective 
upon publication of these final results, shall remain in effect until 
further notice.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: October 26, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Changes Since the Preliminary Results
IV. Scope of the Order
V. Use of Facts Available and Application of Adverse Inferences
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Discussion of the Issues
    Comment 1: Whether Commerce Should Revise Certain of Assan's 
Sales Denominators
    Comment 2: Whether the ``Other Self-Reported Subsidies'' Remain 
Countervailable Subsidies

[[Page 75276]]

    Comment 3: Whether Commerce Should Remove the Subsidy Rate 
Calculated for the Program Unemployment Insurance Law No. 4447
    Comment 4: Whether Commerce Should Correct Certain Errors 
Regarding Loan Calculations
    Comment 5: Whether Commerce Should Revise Certain of Teknik's 
Sales Denominators
    Comment 6: Whether Commerce Should Revise Certain Calculations 
Regarding Assistance to Offset Costs Related to the Antidumping and 
Countervailing Duty Investigations
IX. Recommendation

[FR Doc. 2023-24254 Filed 11-1-23; 8:45 am]
BILLING CODE 3510-DS-P