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[Federal Register Volume 89, Number 220 (Thursday, November 14, 2024)]
[Notices]
[Pages 89965-89967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26511]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-839]

Common Alloy Aluminum Sheet From the Republic of T[uuml]rkiye: 
Final Results of Antidumping Duty Administrative Review; 2022-2023

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 T[uuml]rkiye 
(T[uuml]rkiye) was sold in the United States at less than normal value 
during the period of review (POR) April 1, 2022, through March 31, 
2023. Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable November 14, 2024.

[[Page 89966]]

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 3, 2024, Commerce published the Preliminary Results in the 
Federal Register and invited comments from interested parties.\1\ On 
July 22, 2024, Commerce tolled certain deadlines in this administrative 
proceeding by seven days.\2\ On August 29, 2024, Commerce extended the 
deadline for the final results of this review to November 6, 2024.\3\ 
The review covers the mandatory respondents Assan Al[uuml]minyum Sanayi 
ve Ticaret A.S., Kibar Americas, Inc., and Kibar Dis Ticaret A.S. 
(collectively, Assan) and Teknik Aluminyum Sanayi A.S. (Teknik). 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.\4\ Commerce conducted this administrative review 
in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as 
amended (the Act).
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    \1\ See Common Alloy Aluminum Sheet from T[uuml]rkiye: 
Preliminary Results of Antidumping Duty Administrative Review; 2022-
2023, 89 FR 36759 (May 3, 2024) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated August 29, 2024.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Antidumping Duty 
Order on Common Alloy Aluminum Sheet from Republic of T[uuml]rkiye; 
2022-2023,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Scope of the Order \5\
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    \5\ Id.; see also 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).
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    The merchandise subject to the Order is CAAS from T[uuml]rkiye. For 
a complete description of the scope of the Order, see the Issues and 
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).\6\
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    \6\ See the Issues and Decision Memorandum for descriptions of 
these changes.
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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 weight-
averaging the margins for Assan and Teknik using publicly ranged sales 
values for sales of subject merchandise to the United States. The non-
examined companies subject to this review are ASAS 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.

Final Results of the Administrative Review

    We determine the following estimated weighted-average dumping 
margins for the period April 1, 2022, through March 31, 2023:

------------------------------------------------------------------------
                                                              Weight-
                                                              average
                  Exporter or producer                    dumping margin
                                                             (percent)
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Assan Al[uuml]minyum Sanayi ve Ticaret A.S..............            2.38
Teknik Aluminyum Sanayi A.S.............................            2.72
Non-Selected Companies..................................            2.55
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Disclosure and Public Comment

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

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. Commerce intends to issue assessment instructions to CBP 
no earlier than 35 days after the date of publication of the final 
results of this administrative 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).
    Pursuant to 19 CFR 351.212(b)(1), because Assan's and Teknik's 
weighted-average 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.\7\
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    \7\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
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    Consistent with Commerce's clarification of its assessment 
practice, for entries of subject merchandise

[[Page 89967]]

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 \8\ if there is no rate for 
the intermediate company(ies) involved in the transaction.\9\
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    \8\ See Order, 86 FR at 22142.
    \9\ 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 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 date of publication of the final 
results of this administrative review, as provided for by section 
751(a)(2)(C) of the Act: (1) the company-specific cash deposit rate for 
Assan and Teknik will be equal to the weighted-average dumping margin 
established in the final results of this review for each respondent 
(except, if that rate is de minimis, then the cash deposit rate will be 
zero); (2) for producers or exporters not covered in this review but 
covered in a prior segment of the proceeding, the cash deposit rate 
will continue to be the company-specific rate published for the most 
recently-completed segment of this proceeding in which they were 
reviewed; (3) if the exporter is not a firm covered in this review or a 
prior segment of the proceeding but the producer is, then the cash 
deposit rate will be the rate established for 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 4.85 percent, the all-others rate 
established in the less-than-fair-value investigation.\10\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \10\ See Order, 86 FR at 22142.
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Notification to Importers

    This notice also 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 review period. 
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 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), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of the return/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 which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213(h)(2) 
and 351.221(b)(5).

    Dated: November 6, 2024.
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: Exclusion of Assan from the AD Order on CAAS from 
T[uuml]rkiye
    Comment 3: Ministerial Errors in Teknik's Calculations
    Comment 4: Partial Adverse Facts Available (AFA) for Certain 
Freight Charges Reported by Assan
    Comment 5: Ministerial Error Regarding Assan's Home Market 
Variables Incurred in Multiple Currencies
    Comment 6: Costs Associated with Teknik's Returned Merchandise
    Comment 7: Teknik's Freight Revenues
    Comment 8: Revise Teknik's COP
VI. Recommendation

[FR Doc. 2024-26511 Filed 11-13-24; 8:45 am]
BILLING CODE 3510-DS-P
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