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[Federal Register Volume 89, Number 220 (Thursday, November 14, 2024)]
[Notices]
[Pages 89960-89962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26512]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-840]

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

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers/exporters of 
common alloy aluminum sheet (aluminum sheet) from the Republic of 
T[uuml]rkiye (T[uuml]rkiye) during the period of review (POR) January 
1, 2022, through December 31, 2022.

DATES: Applicable November 14, 2024.

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 of this 
administrative review.\1\ On July 22, 2024, Commerce tolled certain 
deadlines in this administrative proceeding by seven days.\2\ On July 
31, 2024, we extended the time limit for these final results to 
November 6, 2024.\3\ For a description of the events that occurred 
since the Preliminary Results, see the Issues and Decision 
Memorandum.\4\
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    \1\ See Common Alloy Aluminum Sheet from the Republic of 
T[uuml]rkiye: Preliminary Results of the Countervailing Duty 
Administrative Review; 2022, 89 FR 36754 (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 
Countervailing Duty Administrative Review,'' dated July 31, 2024.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Countervailing 
Duty Order on Common Alloy Aluminum Sheet from the Republic of 
T[uuml]rkiye; 2022,'' 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\ 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 products covered by the Order are aluminum sheet from 
T[uuml]rkiye. For a

[[Page 89961]]

full description of the scope of the Order, see the Issues and Decision 
Memorandum.

Analysis of Comments Received

    All issues raised in the parties' briefs are addressed in the 
Issues and Decision Memorandum. A list of the issues addressed is 
attached as an 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 comments received from interested parties and record 
information, we made certain changes from the Preliminary Results for 
Assan Al[uuml]minyum Sanayi ve Ticaret A.S. and Kibar D[inodot][scedil] 
Ticaret A.[Scedil]. (Kibar Dis) (collectively, Assan) and the companies 
not selected for individual review. These changes are explained in the 
Issues and Decision Memorandum.

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 subsidy program found countervailable, Commerce finds 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.\6\ For a description of the methodology underlying all of 
Commerce's conclusions, see the Issues and Decision Memorandum.
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    \6\ 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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Companies Not Selected for Individual Review

    The Act and Commerce's regulations do not directly 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(e)(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 
that were not selected for individual examination in an administrative 
review. Section 777A(e)(2) of the Act provides that ``the individual 
countervailable subsidy rates determined under subparagraph (A) shall 
be used to determine the all-others rate under section 705(c)(5) {of 
the Act{time} .'' 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{time} .''
    Accordingly, to determine the rate for companies not selected for 
individual examination, Commerce's practice is to weight average the 
net subsidy rates for the selected mandatory respondents, excluding 
rates that are zero, de minimis, or based entirely on facts 
available.\7\ In this case, Commerce found a de minimis rate for 
Teknik. Therefore, the only rate that is not zero, de minimis or based 
entirely on facts otherwise available is the rate calculated for Assan. 
Consequently, the rate calculated for Assan is also assigned as the 
rate for the non-selected companies.
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    \7\ See, e.g., Certain Pasta from Italy: Final Results of the 
13th (2008) Countervailing Duty Administrative Review,75 FR 37386, 
37387 (June 29, 2010).
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    The companies for which a review was requested, which were not 
selected as mandatory respondents or found to be cross-owned with a 
mandatory respondent, are: ASAS Aluminyum Sanayi ve Ticaret A.S.; Kibar 
Dis Ticaret A.S; Kibar Holding A.S.; Kibar Americas, Inc.; P.M.S. Metal 
Profil Aluminum Sanayi Ve Ticaret A.S.; and TAC Metal Ticaret A.S.

Final Results of Review

    We determine that the following net countervailable subsidy rates 
exist for the period January 1, 2022, through December 31, 2022:
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    \8\ This rate is applicable to Assan and its cross-owned 
companies Kibar Holding A.S., and Kibar D[inodot][scedil] Ticaret 
A.S.

------------------------------------------------------------------------
                                              Subsidy rate (percent ad
             Producer/exporter                        valorem)
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Assan Al[uuml]minyum Sanayi ve Ticaret      1.14.
 A.S.\8\
Teknik Aluminyum Sanayi A.S...............  0.19 (de minimis).
Non-Selected Companies Under Review.......  1.14.
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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 Rates

    Pursuant to sections 751(a)(1) and (a)(2)(C) of the Act and 19 CFR 
351.212(b), Commerce shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, countervailing 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 
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) and (a)(2)(C) of the Act, 
Commerce also intends to instruct CBP to collect cash deposits of 
estimated countervailing duties in the amounts shown for the companies 
listed above on 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. Because the rate 
calculated for Teknik is de minimis, no cash deposit will be required 
on shipments of the subject merchandise entered or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this review. For all non-reviewed firms, we will 
instruct CBP to 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 
the administrative protective order (APO) of their responsibility 
concerning the destruction 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

[[Page 89962]]

with the regulations and terms of an APO is a sanctionable violation.

Notification to Interested Parties

    Commerce is issuing the final results and publishing this notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
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. Subsidies Valuation Information
VI. Analysis of Programs
VII. Discussion of the Issues
    Comment 1: Whether Commerce Should Revise its Analysis of the 
Bank and Insurance Transaction Tax
    Comment 2: Whether Commerce Should Revise Certain Assan's Sale 
Denominators
    Comment 3: Whether Commerce Omitted Two Countervailable 
Subsidies Received by Assan
    Comment 4: Whether to Defer Examination of Two Subsidy Programs
    Comment 5: Whether to Revise Assan's Ad Valorem Rate
    Comment 6: Whether to Recalculate Rediscount Loans Benefit
VIII. Recommendation

[FR Doc. 2024-26512 Filed 11-13-24; 8:45 am]
BILLING CODE 3510-DS-P
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