[Federal Register Volume 88, Number 90 (Wednesday, May 10, 2023)]
[Notices]
[Pages 30089-30091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09962]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-839]


Common Alloy Aluminum Sheet From Turkey: Preliminary Results of 
Antidumping Duty Administrative Review; 2020-2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that common alloy aluminum sheet (CAAS) from the Republic of 
Turkey (Turkey) was sold in the United States at less than normal value 
during the period of review (POR) October 15, 2020, through March 31, 
2022. Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable May 10, 2023.

FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations,

[[Page 30090]]

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 April 27, 2021, Commerce published the antidumping duty order on 
common alloy aluminum sheet from Turkey.\1\ On May 2, 2022, the 
petitioners requested an administrative review of six companies.\2\ On 
June 9, 2022, in accordance with 19 CFR 351.221(c)(i), Commerce 
initiated an administrative review of the Order, covering two 
producers/exporters selected for individual examination, Assan 
Aluminyum Sanayi ve Ticaret A.S. (Assan) and Teknik Aluminyum Sanayi 
A.S. (Teknik), and four additional companies not selected for 
individual examination: 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.\3\ Pursuant to section 751(a)(3)(A) 
of the Tariff Act of 1930, as amended (the Act), on December 2, 2022, 
Commerce determined that it was not practicable to complete the 
preliminary results of this review within 245 days and extended the 
deadline for the preliminary results of this review until April 28, 
2023.\4\
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    \1\ See Common Alloy Aluminum Sheet from Bahrain, Brazil, 
Croatia, Egypt, Germany, India, Indonesia, Italy, Oman, Romania, 
Serbia, Slovenia, Southern Africa, Spain, Taiwan and the Republic of 
Turkey: Antidumping Duty Orders, 86 FR 22139 (April 27, 2021) 
(Order).
    \2\ Aleris Rolled Products, Inc.; Arconic Corporation; 
Commonwealth Rolled Products Inc.; Constellium Rolled Products 
Ravenswood, LLC; JW Aluminum Company; Novelis Corporation; and 
Texarkana Aluminum, Inc. (collectively, the petitioners).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Review, 87 FR 35165 (June 9, 2022). On August 23, 
2022, Commerce clarified with the petitioners that they intended to 
request a review of ASAS Aluminyum Sanayi ve Ticaret A.S., not ASA 
Aluminyum Sanayi ve Ticaret A.S., the name listed in the initiation 
notice published in June 2022. See Memorandum, ``Clarification of 
Certain Companies Requested for Review,'' dated August 26, 2022. The 
correct name was noted in a subsequent initiation notice published 
in September 2022. See Initiation of Antidumping and Countervailing 
Duty Administrative Reviews, 87 FR 54463 (September 6, 2022).
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2020-2022 Antidumping Duty Administrative Review,'' dated 
December 2, 2022.
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    For a detailed description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\5\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
attached as an appendix to this notice. The Preliminary Decision 
Memorandum is a public document and is available 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.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review: Common Alloy 
Aluminum Sheet from Turkey; 2020-2022,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Order

    The merchandise subject to the Order is CAAS from Turkey. Products 
subject to the Order are currently classified under the Harmonized 
Tariff Schedule of the United States (HTSUS) subheadings 7606.11.3060, 
7606.11.6000, 7606.12.3096, 7606.12.6000, 7606.91.3095, 7606.91.6095, 
7606.92.3035, and 7606.92.6095. Further, merchandise that falls within 
the scope of the Order may also be entered into the United States under 
HTSUS subheadings 7606.11.3030, 7606.12.3015, 7606.12.3025, 
7606.12.3035, 7606.12.3091, 7606.91.3055, 7606.91.6055, 7606.92.3025, 
7606.92.6055, 7607.11.9090. Although the HTSUS subheadings are provided 
for convenience and customs purposes, the written description of the 
merchandise subject to this scope is dispositive. For a complete 
description of the scope of the Order, see the Preliminary Decision 
Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) and (2) of the Act. We calculated export price in 
accordance with section 772(a) of the Act. For a full description of 
the methodology underlying these preliminary results, see the 
Preliminary Decision Memorandum.

Preliminary Results of the Review

    We preliminarily determine the following weighted-average dumping 
margins for the period October 15, 2020, through March 31, 2022.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Assan Aluminyum Sanayi ve Ticaret A.S.......................        2.61
Teknik Aluminyum Sanayi A.S.................................       12.24
Non-Selected Companies......................................        7.40
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Rate for Companies Not Individually Examined

    Generally, when calculating margins for non-selected respondents, 
Commerce looks to section 735(c)(5) of the Act for guidance, which 
provides instructions for calculating the all-others rate in an 
investigation. Section 735(c)(5)(A) of the Act provides that when 
calculating the all-others rate, Commerce will exclude any zero and de 
minimis weighted-average dumping margins, as well as any weighted-
average dumping margins based on total facts available. Accordingly, 
Commerce's usual practice has been to average the margins for selected 
respondents, excluding margins that are zero, de minimis, or based 
entirely on facts available. In this review, we calculated a weighted-
average dumping margin of 2.61 percent for Assan and 12.24 percent for 
Teknik. In accordance with section 735(c)(5)(A) of the Act, Commerce 
has assigned the weighted average of these two calculated weighted-
average dumping margins based on their publicly ranged sales 
quantities, 7.40 percent, to the non-selected companies in these 
preliminary results.

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed for these 
preliminary 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). Interested parties may submit case briefs to Commerce no 
later than 30 days after the date of publication of this notice.\6\ 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed not later than seven days after the date for filing case 
briefs.\7\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) a statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\8\
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    \6\ See 19 CFR 351.309(c)(1)(ii).
    \7\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 
17007 (March 26, 2020).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).

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[[Page 30091]]

    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. An electronically filed document must be received successfully 
in its entirety by ACCESS by 5:00 p.m. Eastern Time within 30 days 
after the date of publication of this notice. Requests should contain: 
(1) the party's name, address, and telephone number; (2) the number of 
participants; (3) whether any participant is a foreign national; and 
(4) a list of issues the party intends to discuss. Issues raised in the 
hearing will be limited to those raised in the respective case and 
rebuttal briefs. If a request for a hearing is made, Commerce intends 
to hold the hearing at a date and time to be determined.\9\
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    \9\ See 19 CFR 351.310(c).
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    All submissions should be filed using ACCESS,\10\ and must be 
served on interested parties.\11\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\12\
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    \10\ See 19 CFR 351.303.
    \11\ See 19 CFR 351.303(f).
    \12\ 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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    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, not later than 120 
days after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

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).
    If Assan's or Teknik's weighted-average dumping margin is not zero 
or de minimis (i.e., less than 0.50 percent) in the final results of 
this review, Commerce intends to calculate importer-specific assessment 
rates on the basis of the ratio of the total amount of dumping 
calculated for each importer's examined sales to the total entered 
value of those sales. Where we do not have entered values for all U.S. 
sales to a particular importer, we will calculate an importer-specific, 
per-unit assessment rate on the basis of the ratio of the total amount 
of dumping calculated for the importer's examined sales to the total 
quantity of those sales.\13\ To determine whether an importer-specific, 
per-unit assessment rate is de minimis, in accordance with 19 CFR 
351.106(c)(2), we also will calculate an importer-specific ad valorem 
ratio based on estimated entered values. If either Assan's or Teknik's 
weighted-average dumping margin is zero or de minimis or where an 
importer-specific ad valorem assessment rate is zero or de minimis, we 
will instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\14\
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    \13\ See 19 CFR 351.212(b)(1).
    \14\ See 19 CFR 351.106(c)(2); see also 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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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by Assan or 
Teknik for which they did not know that the merchandise was destined 
for the United States, we intend to instruct CBP to liquidate those 
entries at the all-others rate in the original less-than-fair-value 
investigation if there is no rate for the intermediate company(ies) 
involved in the transaction.\15\
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    \15\ 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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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 within the meaning of 19 CFR 
351.106(c)(1), 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.\16\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \16\ See Order, 86 FR at 22142.
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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 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.

Notification to Interested Parties

    We are issuing and publishing these preliminary 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)(4).

    Dated: April 28, 2023.
Lisa W. Wang,
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. Affiliation
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2023-09962 Filed 5-9-23; 8:45 am]
BILLING CODE 3510-DS-P