[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Notices]
[Pages 77550-77551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24886]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-839]


Common Alloy Aluminum Sheet From Turkey: Final 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) 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.

DATES: Applicable November 13, 2023.

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 10, 2023, Commerce published its Preliminary Results in the 
Federal Register and invited interested parties to comment.\1\ The 
review covers the mandatory respondents Assan Aluminyum Sanayi ve 
Ticaret A.S., Kibar Americas, Inc., and Kibar Dis Ticaret A.S. 
(collectively, Assan) and Teknik Aluminyum Sanayi A.S. (Teknik) as well 
as four companies not selected for individual examination. 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.\2\ 
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 Turkey: Preliminary 
Results of Antidumping Duty Administrative Review; 2020-2022, 88 FR 
30089 (May 10, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ 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 Turkey; 2020-2022,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Order 3
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    \3\ See 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 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.

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).\4\
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    \4\ 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.

Final Results of the Administrative Review

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

------------------------------------------------------------------------
                                                                Weight-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
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Assan Aluminyum Sanayi ve Ticaret A.S.......................        1.25
Teknik Aluminyum Sanayi A.S.................................       18.20

[[Page 77551]]

 
Non-Selected Companies \5\..................................       10.88
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Disclosure
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    \5\ 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.
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    We intend to disclose the calculations performed in connection with 
these final results to interested parties in this proceeding within 
five days of the date of publication of this notice, in accordance with 
19 CFR 351.224(b).

Assessment Rates

    Commerce has determined, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries in 
this review, in accordance with section 751(a)(2)(C) of the Act and 19 
CFR 351.212(b). Commerce intends to issue assessment instructions to 
CBP no earlier than 35 days after the date of publication of these 
final results 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.\6\
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    \6\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012).
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    Consistent with Commerce's clarification of its assessment 
practice, for entries of subject merchandise 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 \7\ if 
there is no rate for the intermediate company(ies) involved in the 
transaction.\8\
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    \7\ See Order, 86 FR 22142.
    \8\ 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 publication date of the final results 
of this administrative review as provided by section 751(a)(2)(C) of 
the Act: (1) the cash deposit rate for the companies listed above will 
be equal to the weighted-average dumping margin established in the 
final results of the review; (2) for subject merchandise exported by a 
company not covered in this review but covered in a prior completed 
segment of the proceeding, the cash deposit rate will continue to be 
the company-specific rate published in the completed segment for the 
most recent period; (3) if the exporter is not a firm covered in this 
review or the original LTFV investigation, but the producer is, then 
the cash deposit rate will be the rate established in the completed 
segment for the most recent period for the producer of the subject 
merchandise; (4) the cash deposit rate for all other producers or 
exporters will continue to be 4.85 percent ad valorem, the all-others 
rate established in the LTFV investigation.
    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice serves as a final 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 POR. 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 Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction 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 or 
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 subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review in accordance with sections 751(a) and 777(i) of the Act, and 
351.221(b)(5).

    Dated: November 3, 2023.
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: Ministerial Error Regarding ``Other Discounts'' 
(OTHDISU) in Assan's U.S. Sales Database
    Comment 3: Partial Adverse Facts Available (AFA) for Certain 
Freight Charges Reported by Assan
    Comment 4: Application of the High Inflation Methodology to 
Assan
    Comment 5: Ministerial Errors in Teknik's Calculations
    Comment 6: The Transactions Disregarded Rule
    Comment 7: Teknik's Reported Net Interest Expenses
    Comment 8: Teknik's Imputed Credit Expenses in the Home Market
    Comment 9: Teknik's U.S. Warehousing Expenses
    Comment 10: Section 232 Tariffs
    Comment 11: Ministerial Errors in Assan's Calculations
    Comment 12: Exclusion of Assan from the AD Order on CAAS from 
Turkey
    Comment 13: Inclusion of Certain Expenses in the Indirect 
Selling Expense Ratio
    Comment 14: Freight Revenue
    Comment 15: Differential Pricing Methodology
VI. Recommendation

[FR Doc. 2023-24886 Filed 11-9-23; 8:45 am]
BILLING CODE 3510-DS-P