[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85237-85240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26859]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-844]


Certain Aluminum Foil From the Republic of Turkey: Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that the 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) September 23, 2021, through October 
31, 2022. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable December 7, 2023.

FOR FURTHER INFORMATION CONTACT: Christopher Williams or 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) 482-5166 or (202) 482-
3683, respectively.

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 Turkey (Turkey).\1\ On November 1, 2022, we 
published in the Federal Register a notice of opportunity to request an 
administrative review of the Order for the POR.\2\ On January 3, 2023, 
based on timely requests for an administrative review, Commerce 
initiated an administrative review of the Order with respect to four 
companies.\3\ On January 26, 2023, Commerce selected the Assan Single 
Entity \4\ for

[[Page 85238]]

individual examination as a mandatory respondent in this administrative 
review.\5\ On May 5, 2023, Commerce selected ASAS Aluminyum Sanayi Ve 
Ticaret (ASAS) as an additional mandatory respondent in this 
administrative review.\6\
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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 Turkey: 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, 87 FR 65750 (November 
1, 2022).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 50, 55 (January 3, 2023) (Initiation 
Notice).
    \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 Turkey: Final Affirmative Determination of 
Sales at Less Than Fair Value, 86 FR 52880 n.10 (September 23, 
2021); see also Initiation Notice, 88 FR at 51 (``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 26, 
2023.
    \6\ See Memorandum, ``Additional Respondent Selection,'' dated 
May 5, 2023.
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    On July 6, 2023, Commerce extended the time limit for these 
preliminary results to November 17, 2023.\7\ On November 13, 2023, 
Commerce, again, extended the time limit for these preliminary results 
to November 30, 2023.\8\ For a complete description of the events 
between the initiation of the administrative review and these 
preliminary results, see the Preliminary Decision Memorandum.\9\
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    \7\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022,'' 
dated July 6, 2023.
    \8\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022,'' 
dated November 13, 2023.
    \9\ See Memorandum, ``Certain Aluminum Foil from the Republic of 
Turkey: Decision Memorandum for the Preliminary Results of 
Antidumping Duty Administrative Review; 2021-2022,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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    A list of the topics discussed in the Preliminary Decision 
Memorandum is attached as the appendix to this notice. The Preliminary 
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 Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Scope of the Order

    The merchandise covered by the Order is aluminum foil from Turkey. 
For a full description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). We calculated 
export price and constructed export price in accordance with section 
772 of the Act, and we calculated NV in accordance with section 773 of 
the Act. For a full description of the methodology underlying these 
preliminary results, see the Preliminary Decision Memorandum.

Rate for Non-Examined Companies

    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 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in a less-
than-fair-value (LTFV) investigation, for guidance when calculating 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 any zero or de minimis margins, and any margins 
determined entirely {on the basis of facts available{time} .''
    In this administrative review, Commerce calculated individual 
weighted-average dumping margins for the Assan Single Entity and ASAS, 
the two mandatory respondents, that are not zero, de minimis, or based 
entirely on facts otherwise available. Because the calculated 
individual weighted-average dumping margins are not zero, de minimis, 
or based entirely on facts otherwise available, Commerce calculated the 
rate for non-examined companies using a weighted average of the 
weighted-average dumping margins calculated for the mandatory 
respondents using each company's publicly-ranged U.S. sales values for 
the merchandise under consideration, consistent with the guidance in 
section 735(c)(5)(B) of the Act.\10\
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    \10\ With rates for two examined respondents, Commerce normally 
calculates: (A) a weighted-average of the weighted-average dumping 
margins calculated for the examined respondents using each company's 
actual total U.S. sales value; (B) a simple average of the weighted-
average dumping margins calculated for the examined respondents; and 
(C) a weighted-average of the weighted-average dumping margins 
calculated for the examined respondents using each company's 
publicly-ranged total U.S. sales value. Commerce then compares (B) 
and (C) to (A), and, in order to not reveal the business proprietary 
total U.S. sales value of the two examined respondents, selects the 
rate closest to (A) as the most appropriate rate for the non-
examined companies. See Memorandum, ``Certain Aluminum Foil from 
Turkey: Preliminary Rate for Non-Selected Respondents,'' dated 
November 30, 2023; see also 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, 53662 (September 1, 2010), and accompanying Issues and 
Decision Memorandum at Comment 1.
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Preliminary Results of Review

    We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period September 23, 2021, 
through October 31, 2022:

------------------------------------------------------------------------
                                                       Weighted-average
              Producer and/ or exporter                 dumping margin
                                                           (percent)
------------------------------------------------------------------------
ASAS Aluminyum Sanayi Ve Ticaret....................                1.33
Assan Single Entity \11\............................                1.30
Ilda Pack Ambalaj...................................                1.30
Panda Aluminyum A.S.................................                1.30
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Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to interested parties within five days after the 
date of publication of this notice.\12\ Pursuant to 19 CFR 
351.309(c)(1)(ii), interested parties may submit case briefs to 
Commerce no later than 30 days after the date of publication of this 
notice.\13\ 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.\14\
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    \11\ The Assan Single Entity consists of Assan Aluminyum Sanayi 
ve Ticaret A.S., Kibar Dis Ticaret A.S., and Ispak Esnek Ambalaj 
Sanayi A.S. See also Initiation Notice, 88 FR at 55.
    \12\ See 19 CFR 351.224(b).
    \13\ See also 19 CFR 351.303 (for general filing requirements).
    \14\ 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).
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    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.\15\ As provided under 19 CFR 
351.309(c)(2) and (d)(2), in prior proceedings we have encouraged 
interested parties to provide an executive summary of their brief that 
should be limited to five pages total, including footnotes. In this 
review, we instead request that interested parties

[[Page 85239]]

provide at the beginning of their briefs a public, executive summary 
for each issue raised in their briefs.\16\ 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.
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    \15\ See 19 351.309(c)(2) and (d)(2).
    \16\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
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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. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs.
    All submissions, including case and rebuttal briefs, as well as 
hearing requests, should be filed using ACCESS.\17\ An electronically 
filed document must be received successfully in its entirety by ACCESS 
by 5:00 p.m. Eastern Time on the established deadline. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\18\
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    \17\ See 19 CFR 351.303.
    \18\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
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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, not later than 120 days 
after the publication of this notice in the Federal Register, pursuant 
to 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Assessment of Antidumping Duties

    Upon completion of the final results of this administrative review, 
pursuant to section 751(a)(2)(A) of the Act, Commerce shall determine, 
and the U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries of subject merchandise 
covered by this review.\19\
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    \19\ See 19 CFR 351.212(b)(1).
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    If an examined respondent's weighted-average dumping margin is not 
zero or de minimis (i.e., less than 0.5 percent) in the final results 
of this review, we intend to calculate an importer-specific assessment 
rate for antidumping duties based on the ratio of the total amount of 
dumping calculated for each importer's examined sales and the total 
entered value of those same sales in accordance with 19 CFR 
351.212(b)(1). For the companies identified above that were not 
selected for individual examination, we will instruct CBP to assess 
antidumping duties at a rate equal to the weighted-average dumping 
margin established in the final results of review. If the respondent's 
weighted-average dumping margin or an importer-specific assessment rate 
is zero or de minimis in the final results of this review, we intend to 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.
    For entries of subject merchandise during the POR produced by 
either of the individually examined respondents for which they did not 
know that the merchandise was destined for the United States, we will 
instruct CBP to liquidate these entries at the all-others rate if there 
is no rate for the intermediate company(ies) involved in the 
transaction.\20\
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    \20\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    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).
    The final results of this administrative review shall be the basis 
for the assessment of antidumping duties on entries of merchandise 
covered by the final results of this review and for future deposits of 
estimated duties, where applicable.\21\
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    \21\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements

    The following cash deposit requirements for estimated antidumping 
duties will be effective upon publication in the Federal Register of 
the notice of the final results of this review for all shipments of 
aluminum foil from Turkey entered, or withdrawn from warehouse, for 
consumption on or after the date of publication as provided by section 
751(a)(2) of the Act: (1) the cash deposit rate for companies subject 
to this review will be equal to the weighted-average dumping margins 
established in the final results of the review; (2) for merchandise 
exported by companies not covered in this review but covered in a prior 
completed segment of this 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, a prior review, or the investigation but the 
producer is, then the cash deposit rate will be the rate established in 
the most recently completed segment of this proceeding for the producer 
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 LTFV investigation, adjusted for the export-
subsidy rate in the companion countervailing duty investigation.\22\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
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    \22\ See Order, 86 FR at 62792.
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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 and 19 CFR 351.221(b)(4).

    Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy 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. Rate for Non-Examined Companies
V. Discussion of the Methodology

[[Page 85240]]

VI. Currency Conversion
VII. Recommendation

[FR Doc. 2023-26859 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P