77550 Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Notices 

1See Common Alloy Aluminum Sheet from 

Turkey: Preliminary Results of Antidumping Duty 

Administrative Review; 2020–2022, 88 FR 30089 

(May 10, 2023) (Preliminary Results), and 

accompanying Preliminary Decision Memorandum. 

2See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Results of the 

Administrative Review of the Antidumping Duty 

Order on Common Alloy Aluminum Sheet from 

Turkey; 2020–2022,’’ dated concurrently with, and 

hereby adopted by, this notice (Issues and Decision 

Memorandum). 

3See Common Alloy Aluminum Sheet from 

Bahrain, Brazil, Croatia, Egypt, Germany, India, 

Indonesia, Italy, Oman, Romania, Serbia, Slovenia, 

South Africa, Spain, Taiwan and the Republic of 

Turkey: Antidumping Duty Orders, 86 FR 22139 

(April 27, 2021) (Order). 

4See the Issues and Decision Memorandum for 

descriptions of these changes. 

application and Federal Register notice, 

is approved, subject to the FTZ Act and 

the Board’s regulations, including 

section 400.13, and further subject to 

the following restrictions: 

1. the annual quantitative volume of 

continuous filament polypropylene yarn 

that FMW may admit into Subzone 

186A under nonprivileged foreign (NPF) 

status (19 CFR 146.42) is limited to 2.6 

million kilograms; and, 

2. approval is limited to a period of 

five years, subject to extension upon 

review. 

Dated: November 7, 2023. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance, Alternate Chairman, ForeignTrade Zones Board. 

[FR Doc. 2023–24966 Filed 11–9–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–489–839] 

Common Alloy Aluminum Sheet From 

Turkey: Final Results of Antidumping 

Duty Administrative Review; 2020– 

2022 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) determines that 

common alloy aluminum sheet (CAAS) 

from the Republic of Turkey (Turkey) 

was sold in the United States at less 

than normal value during the period of 

review (POR) October 15, 2020, through 

March 31, 2022. 

DATES: Applicable November 13, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Mark Hoadley, 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) 482–3148. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 10, 2023, Commerce 

published its Preliminary Results in the 

Federal Register and invited interested 

parties to comment.1 The review covers 

the mandatory respondents Assan 

Aluminyum Sanayi ve Ticaret A.S., 

Kibar Americas, Inc., and Kibar Dis 

Ticaret A.S. (collectively, Assan) and 

Teknik Aluminyum Sanayi A.S. 

(Teknik) as well as four companies not 

selected for individual examination. A 

summary of the events that occurred 

since publication of the Preliminary 

Results, as well as a full discussion of 

the issues raised by parties for these 

final results, are discussed in the Issues 

and Decision Memorandum.2 Commerce 

conducted this administrative review in 

accordance with section 751(a)(1)(B) of 

the Tariff Act of 1930, as amended (the 

Act). 

Scope of the Order 3

The merchandise subject to the Order 

is CAAS from Turkey. Products subject 

to the Order are currently classified 

under the Harmonized Tariff Schedule 

of the United States (HTSUS) 

subheadings 7606.11.3060, 

7606.11.6000, 7606.12.3096, 

7606.12.6000, 7606.91.3095, 

7606.91.6095, 7606.92.3035, and 

7606.92.6095. Further, merchandise that 

falls within the scope of the Order may 

also be entered into the United States 

under HTSUS subheadings 

7606.11.3030, 7606.12.3015, 

7606.12.3025, 7606.12.3035, 

7606.12.3091, 7606.91.3055, 

7606.91.6055, 7606.92.3025, 

7606.92.6055, 7607.11.9090. Although 

the HTSUS subheadings are provided 

for convenience and customs purposes, 

the written description of the 

merchandise subject to this scope is 

dispositive. For a complete description 

of the scope of the Order, see the 

Preliminary Decision Memorandum. 

Analysis of Comments Received 

All issues raised in parties’ case and 

rebuttal briefs are addressed in the 

Issues and Decision Memorandum and 

are listed 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. 

Changes Since the Preliminary Results 

Based on our analysis of the 

comments received from interested 

parties, Commerce made certain 

changes to the margin calculations for 

Assan Aluminyum Sanayi ve Ticaret 

A.S. (Assan) and Teknik Aluminyum 

Sanayi A.S. (Teknik).4

Rate for Non-Examined Companies 

The statute and Commerce’s 

regulations do not address the 

establishment of a weighted-average 

dumping margin to be determined for 

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 735(c)(5) of the Act, which 

provides instructions for calculating the 

all-others rate in an investigation, for 

guidance when determining the 

weighted-average dumping margin for 

companies which were not selected for 

individual examination in an 

administrative review. Under section 

735(c)(5)(A) of the Act, the all-others 

rate is normally an amount equal to the 

weighted average of the estimated 

weighted-average dumping margins 

established for exporters and producers 

individually investigated, excluding 

rates that are zero, de minimis, or 

determined entirely on the basis of facts 

available. For these final results of 

review, we calculated weighted-average 

dumping margins for Assan and Teknik 

that are not zero, de minimis, or based 

entirely on facts available. Therefore, 

consistent with Commerce’s practice, 

we determined a dumping margin for 

the non-examined companies by weightaveraging the margins for Assan and 

Teknik using publicly ranged sales 

values for sales of subject merchandise 

to the United States. 

Final Results of the Administrative 

Review 

We determine that the following 

weighted-average dumping margins 

exist for the period October 15, 2020, 

through March 31, 2022. 

Exporter or producer 

Weightaverage 

dumping 

margin 

(percent) 

Assan Aluminyum Sanayi ve 

Ticaret A.S .............................. 1.25 

Teknik Aluminyum Sanayi A.S ... 18.20 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Notices 77551 

5ASAS Aluminyum Sanayi ve Ticaret A.S.; 

Panda Aluminyum A.S.; PMS Metal Profil 

Aluminyum Sanayi ve Ticaret A.S.; and TAC Metal 

Ticaret Anonim Sirketi. 

6See Antidumping Proceedings: Calculation of 

the Weighted-Average Dumping Margin and 

Assessment Rate in Certain Antidumping 

Proceedings; Final Modification, 77 FR 8101, 8102 

(February 14, 2012). 

7See Order, 86 FR 22142. 

8For a full discussion of this practice, see 

Antidumping and Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 FR 23954 

(May 6, 2003). 

Exporter or producer 

Weightaverage 

dumping 

margin 

(percent) 

Non-Selected Companies 5 ........ 10.88 

Disclosure 

We intend to disclose the calculations 

performed in connection with these 

final results to interested parties in this 

proceeding within five days of the date 

of publication of this notice, in 

accordance with 19 CFR 351.224(b). 

Assessment Rates 

Commerce has determined, and U.S. 

Customs and Border Protection (CBP) 

shall assess, antidumping duties on all 

appropriate entries in this review, in 

accordance with section 751(a)(2)(C) of 

the Act and 19 CFR 351.212(b). 

Commerce intends to issue assessment 

instructions to CBP no earlier than 35 

days after the date of publication of 

these final results 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). 

Pursuant to 19 CFR 351.212(b)(1), 

because Assan’s and Teknik’s weightedaverage dumping margin is not zero or 

de minimis (i.e., less than 0.5 percent), 

we calculated importer-specific ad 

valorem assessment rates based on the 

ratio of the total amount of dumping 

calculated for the examined sales to the 

total entered value of the sales. Where 

an importer-specific assessment rate is 

zero or de minimis, we will instruct CBP 

to liquidate the appropriate entries 

without regard to antidumping duties.6

Consistent with Commerce’s 

clarification of its assessment practice, 

for entries of subject merchandise 

during the POR produced by any of the 

above-referenced respondents for which 

they did not know the merchandise was 

destined for the United States, we will 

instruct CBP to liquidate such entries at 

the all-others rate established in the 

less-than-fair-value (LTFV) investigation 

of 4.85 percent ad valorem 7 if there is 

no rate for the intermediate 

company(ies) involved in the 

transaction.8

For the non-examined companies 

subject to review, we will instruct CBP 

to liquidate all applicable entries of 

subject merchandise during the POR at 

the rate listed in the table above. 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective for all 

shipments of 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 equal to the 

weighted-average dumping margin 

established in the final results of the 

review; (2) for subject merchandise 

exported by a company not covered in 

this review but covered in a prior 

completed segment of the proceeding, 

the cash deposit rate will continue to be 

the company-specific rate published in 

the completed segment for the most 

recent period; (3) if the exporter is not 

a firm covered in this review or the 

original LTFV investigation, but the 

producer is, then the cash deposit rate 

will be the rate established in the 

completed segment for the most recent 

period for the producer of the subject 

merchandise; (4) the cash deposit rate 

for all other producers or exporters will 

continue to be 4.85 percent ad valorem, 

the all-others rate established in the 

LTFV investigation. 

These cash deposit requirements, 

when imposed, shall remain in effect 

until further notice. 

Notification to Importers 

This notice serves as a final 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 the countervailing duties. 

Administrative Protective Orders 

This notice also serves as a reminder 

to parties subject to administrative 

protective order (APO) of their 

responsibility concerning the return or 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3), which 

continues to govern business 

proprietary information in this segment 

of the proceeding. 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 

violation subject to sanction. 

Notification to Interested Parties 

We are issuing and publishing these 

final results of administrative review in 

accordance with sections 751(a) and 

777(i) of the Act, and 351.221(b)(5). 

Dated: November 3, 2023. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Changes Since the Preliminary Results 

V. Discussion of the Issues 

Comment 1: Calculation of Assan’s Duty 

Drawback Adjustment 

Comment 2: Ministerial Error Regarding 

‘‘Other Discounts’’ (OTHDISU) in 

Assan’s U.S. Sales Database 

Comment 3: Partial Adverse Facts 

Available (AFA) for Certain Freight 

Charges Reported by Assan 

Comment 4: Application of the High 

Inflation Methodology to Assan 

Comment 5: Ministerial Errors in Teknik’s 

Calculations 

Comment 6: The Transactions Disregarded 

Rule 

Comment 7: Teknik’s Reported Net Interest 

Expenses 

Comment 8: Teknik’s Imputed Credit 

Expenses in the Home Market 

Comment 9: Teknik’s U.S. Warehousing 

Expenses 

Comment 10: Section 232 Tariffs 

Comment 11: Ministerial Errors in Assan’s 

Calculations 

Comment 12: Exclusion of Assan from the 

AD Order on CAAS from Turkey 

Comment 13: Inclusion of Certain 

Expenses in the Indirect Selling Expense 

Ratio 

Comment 14: Freight Revenue 

Comment 15: Differential Pricing 

Methodology 

VI. Recommendation 

[FR Doc. 2023–24886 Filed 11–9–23; 8:45 am] 

BILLING CODE 3510–DS–P 


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