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[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 100959-100961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29323]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-845]

Certain Aluminum Foil From the Republic of T[uuml]rkiye: 
Preliminary Results and Partial Rescission of Countervailing Duty 
Administrative Review; 2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that countervailable subsidies were provided to producers 
and exporters of certain aluminum foil (aluminum foil) from the 
Republic of T[uuml]rkiye (T[uuml]rkiye). The period of review (POR) is 
January 1, 2022, through December 31, 2022. In addition, Commerce is 
rescinding the review, in part, with respect to one company. Interested 
parties are invited to comment on these preliminary results.

DATES: Applicable December 13, 2024.

FOR FURTHER INFORMATION CONTACT: Ian Riggs, AD/CVD Operations, Office 
IX, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-3810.

SUPPLEMENTARY INFORMATION:

Background

    On December 29, 2023, based on timely requests for review, Commerce 
initiated this administrative review of the countervailing duty (CVD) 
order on aluminum foil from T[uuml]rkiye.\1\ On January 6, 2024, 
Commerce selected ASAS Aluminyum Sanayi ve Ticaret A.S. (ASAS) and 
Assan Aluminyum Sanayi ve Ticaret A.S. (Assan) as the mandatory 
respondents in this review.\2\ On March 28, 2024, the petitioners and 
ASAS timely withdrew their requests for review for ASAS.\3\ Therefore, 
on April 5, 2024, Commerce selected Panda Aluminyum A.S. (Panda) as an 
additional mandatory respondent in this review.\4\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 90168 (December 29, 2023).
    \2\ See Memorandum, ``Respondent Selection,'' dated January 26, 
2024.
    \3\ See ASAS's Letter, `` Withdrawal of Request for 
Administrative Review,'' dated March 28, 2024 (ASAS'' Withdrawal); 
see also Petitioners'' Letter, `` Petitioners'' Partial Withdrawal 
of Request for Review,'' dated March 28, 2024 (Petitioners'' 
Withdrawal).
    \4\ See Memorandum, ``Additional Respondent Selection,'' dated 
April 5, 2024.
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    On July 15, 2024, Commerce extended the deadline for the 
preliminary results of this review.\5\ On July 22, 2024, Commerce 
tolled certain deadlines in certain administrative proceedings by seven 
days.\6\ On November 8, 2024, Commerce extended the time period for 
issuing these preliminary results by an additional 14 days.\7\ The 
deadline for the preliminary results is now December 6, 2024.
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    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2022 Countervailing Duty Administrative Review,'' dated 
May 15, 2024.
    \6\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \7\ See Memorandum, ``Second Extension of Deadline for 
Preliminary Results of 2022 Countervailing Duty Administrative 
Review,'' dated November 8, 2024.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\8\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included as an 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 http://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.
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    \8\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2022 Countervailing Duty Administrative Review of 
Certain Aluminum Foil from the Republic of T[uuml]rkiye,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order 9
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    \9\ See Certain Aluminum Foil from the Sultanate of Oman and the 
Republic of Turkey: Countervailing Duty Orders, 86 FR 62782 
(November 12, 2021) (Order).
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    The merchandise covered by the Order is aluminum foil from 
T[uuml]rkiye. For a complete description of the scope of the Order, see 
the Preliminary Decision Memorandum.

Partial Rescission of Administrative Review

    In accordance with 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of the notice of initiation of the requested review in the 
Federal Register. On March 28, 2024, the petitioners and ASAS withdrew 
their requests for review for ASAS.\10\ Because ASAS and the 
petitioners timely withdrew their requests for a

[[Page 100960]]

review of ASAS, and no other party requested a review of ASAS, in 
accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this 
review, in part, with respect to ASAS.
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    \10\ See ASAS'' Withdrawal; See also Petitioners'' Withdrawal.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, Commerce preliminarily 
determines that there is a subsidy, i.e., a financial contribution by 
an ``authority'' that gives rise to a benefit to the recipient, and 
that the subsidy is specific.\11\ For a full description of the 
methodology underlying our conclusions, see the Preliminary Decision 
Memorandum.
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    \11\ 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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Preliminary Results of Review

    As a result of this review, we preliminarily determine the net 
countervailable subsidy rates for the period January 1, 2022, through 
December 31, 2022, to be:

------------------------------------------------------------------------
                                                               Subsidy
                                                                 rate
                          Company                            (percent ad
                                                               valorem)
------------------------------------------------------------------------
Assan Aluminyum Sanayi ve Ticaret A.S.\12\.................         1.30
Panda Aluminyum A.S.\13\...................................         1.51
------------------------------------------------------------------------

Disclosure and Public Comment
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    \12\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
Assan: Ispak Esnek Ambalaj Sanayi A.S.; and Kibar Holding A.S. We 
note that Assan has an affiliated trading company through which it 
exported certain subject merchandise, Kibar Dis Ticaret A.S. (Kibar 
Dis). Therefore, because Kibar Dis' subsidies are included as part 
of Assan's total subsidy rate, we have not assigned a subsidy rate 
to Kibar Dis. 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.
    \13\ We note that Panda has an affiliated trading company 
through which it exported certain subject merchandise, Seherli 
Danismanlik A.S. (Seherli). Seherli was not selected as a mandatory 
respondent but was examined in the context of Panda. Therefore, 
because Seherli's subsidies are included as part of Panda's total 
subsidy rate, we have not assigned a subsidy rate to Seherli. 
Entries of subject merchandise exported by Seherli will receive the 
rate of the producer listed on the CBP entry form.
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    Commerce intends to disclose its calculations and analysis 
performed to interested parties for these preliminary results within 
five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in the Federal Register in accordance with 19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce no later than 30 days after the date of publication 
of this notice. 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. 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.\14\ All briefs must be 
filed electronically using ACCESS. An electronically filed document 
must be received successfully in its entirety in ACCESS by 5:00 p.m. 
Eastern Time on the established deadline.
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    \14\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Procedures).
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    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 briefs that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\15\ 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. Note that Commerce has amended certain 
of its requirements pertaining to the service of documents in 19 CFR 
351.303(f).\16\
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    \15\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \16\ See APO and Service Procedures.
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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 by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice. Requests should contain the party's name 
and address, the number of participants; and a list of issues to be 
discussed. Oral presentations at the hearing will be limited to issues 
raised in the case and rebuttal briefs. If a request for a hearing is 
made, Commerce will inform parties of the scheduled date for the 
hearing.\17\
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    \17\ See 19 CFR 351.310(d).
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Assessment Rates

    Consistent with section 751(a)(1) of the Act and 19 CFR 
351.212(b)(2), upon issuance of the final results, Commerce shall 
determine, and CBP shall assess, countervailing duties on all 
appropriate entries covered by this review.
    For ASAS, Commerce will instruct CBP to assess countervailing 
duties on all appropriate entries at a rate equal to the cash deposit 
of estimated countervailing duties required at the time of entry, or 
withdrawal from warehouse, for consumption, during the period January 
1, 2022, through December 31, 2022, in accordance with 19 CFR 
351.212(c)(l)(i). Commerce intends to issue assessment instructions to 
CBP regarding ASAS no earlier than 35 days after the date of 
publication of this notice in the Federal Register.
    For Assan and Panda, 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

    Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amount indicated above with regard to shipments of 
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, 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 instructions, when imposed, shall 
remain in effect until further notice.

Final Results of Administrative Review

    Unless the deadline in extended, pursuant to section 751(a)(3)(A) 
of the Act and 19 CFR 351.213(h), Commerce intend to issue the final 
results of this administrative review, including the results of our 
analysis of the issues raised by the parties in any written briefs, 
within 120 days after the date of

[[Page 100961]]

publication of these preliminary results in the Federal Register.

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 
351.221(b)(4).

    Dated: December 6, 2024.
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. Diversification of T[uuml]rkiye's Economy
V. Subsidies Valuation
VI. Benchmarks and Interest Rates
VII. Analysis of Programs
VIII. Recommendation

 [FR Doc. 2024-29323 Filed 12-12-24; 8:45 am]
 BILLING CODE 3510-DS-P
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