[Federal Register Volume 88, Number 90 (Wednesday, May 10, 2023)]
[Notices]
[Pages 30092-30093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09961]



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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-840]


Common Alloy Aluminum Sheet From the Republic of Turkey: 
Preliminary Results of the 2020-2021 Administrative Review

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/or exporters of common alloy aluminum sheet (CAAS) from the 
Republic of Turkey (Turkey), during the period of review (POR) August 
14, 2020, through December 31, 2021. Interested parties are invited to 
comment on these preliminary results.

DATES: Applicable May 10, 2023.

FOR FURTHER INFORMATION CONTACT: Daniel Alexander, 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) 482-4313.

SUPPLEMENTARY INFORMATION:

Background

    On June 9, 2022, Commerce initiated this administrative review of 
the countervailing duty order on CAAS from Turkey.\1\ The mandatory 
respondents are Assan Aluminyum Sanayi ve Ticaret A.S., Kibar Americas, 
Inc., Kibar Dis Ticaret A.S. (collectively, Assan) and Teknik Aluminyum 
Sanayi A.S. (Teknik). On December 2, 2022, Commerce extended the time 
limit for these preliminary results to April 28, 2023.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 35165 (June 9, 2022).
    \2\ See Memorandum, ``Common Alloy Aluminum Sheet from the 
Republic of Turkey: Extension of Deadline for Preliminary Results of 
2020-2021 Countervailing Duty Administrative Review,'' dated 
December 2, 2022.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\3\ 
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 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.
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2020-2021 Countervailing Duty Administrative Review 
of Common Alloy Aluminum Sheet from the Republic of Turkey,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The merchandise covered by the order is CAAS from Turkey. CAAS is a 
flat-rolled aluminum product having a thickness of 6.3 mm or less, but 
greater than 0.2 mm, in coils or cut-to-length, regardless of width. 
For a complete description of the scope of this order, see the 
Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the 
Act). For each of the subsidy programs preliminarily found to be 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e., a financial contribution from an authority that gives 
rise to a benefit to the recipient and that the subsidy is specific.\4\ 
For a full description of the methodology underlying Commerce's 
preliminary conclusions, see the Preliminary Decision Memorandum.
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    \4\ 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 Examination

    The Act and Commerce's regulations do not directly address the 
subsidy rate to be applied to companies not selected for individual 
examination where Commerce limits its examination in an administrative 
review pursuant to section 777A(e)(2) of the Act. However, Commerce 
normally determines the rates for non-selected companies in reviews in 
a manner that is consistent with section 705(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in an 
investigation. 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} .'' Section 705(c)(5)(A) of the Act states 
that for companies not investigated, in general, we will determine an 
all-others rate by weight averaging the countervailable subsidy rates 
established for each of the companies individually investigated, 
excluding zero and de minimis rates or any rates based solely on the 
facts available.
    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.\5\ We preliminarily determine that Assan and Teknik received 
countervailable subsidies that are above de minimis and are not based 
entirely on facts available for 2020. Therefore, we preliminarily 
determine to apply the simple average of the net subsidy rates 
calculated for Assan and Teknik to the non-selected companies for 
2020.\6\ Assan is the only mandatory respondent with a calculated rate 
above de minimis and not based entirely on facts available for 2021. 
Therefore, we are preliminarily assigning Assan's net subsidy rate to 
the non-selected companies for 2021. The sole company for which a 
review was requested, and which were not selected as mandatory 
respondents or found to be cross owned with a mandatory respondent, was 
P.M.S. Metal Profil Aluminyum Sanayi Ve Ticaret A.S.
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    \5\ See, e.g., Certain Pasta from Italy: Final Results of the 
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386, 
37387 (June 29, 2010).
    \6\ See Memorandum, ``Calculation of Subsidy Rate for Non-
Selected Companies Under Review,'' dated concurrently with this 
memorandum.
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Preliminary Results of Review

    As a result of this review, we preliminarily determine that, for 
2020 and 2021, the following estimated countervailable subsidy rates 
exist:

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------------------------------------------------------------------------
                                           Subsidy rate    Subsidy rate
                 Company                   2020 (percent   2021 (percent
                                            ad valorem)     ad valorem)
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Assan Aluminyum Sanayi ve Ticaret A.S...            3.62            1.18
Teknik Aluminyum Sanayi A.S.............            1.11            0.63
Companies Not Selected for Individual               2.37            1.18
 Review.................................
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Assessment Rates

    In accordance with 19 CFR 351.221(b)(4)(i), Commerce preliminarily 
assigned a subsidy rate in the amount for the producer/exporter shown 
above. Upon completion of this administrative review, consistent with 
section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
countervailing duties on all appropriate entries covered by 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

    Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to 
instruct CBP to collect cash deposits in the amounts indicated for the 
producer/exporter listed 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 countervailable duties at the all-others rate or the most 
recent company-specific rate applicable to the company, as appropriate. 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed in reaching the preliminary results within five days of 
publication of these preliminary results, in accordance with 19 CFR 
351.224(b).

Public Comment

    Case briefs or other written documents may be submitted to the 
Assistant Secretary for Enforcement and Compliance.\7\ A timeline for 
the submission of case and rebuttal briefs and written comments will be 
provided to interested parties at a later date.
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    \7\ See 19 CFR 351.309(c) and (d).
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    Pursuant to 19 CFR 351.301(c) and (d)(2), parties who wish to 
submit case or rebuttal briefs in this review are requested to submit 
for each argument: (1) a statement of the issue; (2) a brief summary of 
the argument; and (3) a table of authorities. All briefs must be filed 
electronically using ACCESS. Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\8\
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    \8\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must do so within 30 days after the date of publication of this 
notice by submitting a written request to the Assistant Secretary for 
Enforcement and Compliance.\9\ Requests should contain: (1) the party's 
name, address, and telephone number; (2) the number of participants and 
whether a participant is a foreign national; and (3) a list of the 
issues to be discussed. If a hearing request is made, Commerce intends 
to hold the hearing at a time and date to be determined. Parties should 
confirm by telephone the date, time, and location of the hearing two 
days before the scheduled date.
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    \9\ See 19 CFR 351.310(c).
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    Unless the deadline is extended, Commerce intends to issue the 
final results of this administrative review, which will include the 
results of Commerce's analysis of the issues raised in the case briefs, 
within 120 days after the date of the preliminary results, pursuant to 
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Interested Parties

    These preliminary results are issued and published pursuant to 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: April 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Rate for Non-Selected Companies
VI. Subsidies Valuation Information
VII. Benchmarks and Interest Rates
VIII. Use of Facts Otherwise Available and Application of Adverse 
Inferences
IX. Analysis of Programs
X. Recommendation

[FR Doc. 2023-09961 Filed 5-9-23; 8:45 am]
BILLING CODE 3510-DS-P