[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85228-85230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26877]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-845]


Certain Aluminum Foil From Turkey: Preliminary Results of 
Countervailing Duty 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 exporters of certain aluminum foil (aluminum foil) from the 
Republic of Turkey (Turkey) during the period of review (POR), March 5, 
2021, through December 31, 2021. Interested parties are invited to 
comment on these preliminary results.

DATES: Applicable December 7, 2023.

FOR FURTHER INFORMATION CONTACT: Adam Simons, 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) 482-6172.

SUPPLEMENTARY INFORMATION: 

Background

    On November 12, 2021, Commerce published in the Federal Register a 
countervailing duty order on aluminum foil from Turkey.\1\ On November 
1, 2022, Commerce published the notice of the opportunity to request a 
review of the Order.\2\ On January 3, 2023, Commerce published the 
notice of the initiation of this administrative review in the Federal 
Register.\3\ For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\4\ 
A list of topics included in the Preliminary Decision Memorandum is 
provided as the 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 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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    \1\ See Certain Aluminum Foil from the Sultanate of Oman and the 
Republic of Turkey: Countervailing Duty Orders, 86 FR 62782 
(November 12, 2021) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 65750 (November 
1, 2022).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 50 (January 3, 2023).
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2021 Countervailing Duty Administrative Review of 
Certain Aluminum Foil from Turkey,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The product covered by the Order is aluminum foil from Turkey. For 
a complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 701 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.\5\
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    \5\ 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,

[[Page 85229]]

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.\6\ We selected ASAS Aluminyum Sanayi ve Ticaret A.S. for 
review as a mandatory respondent and preliminary determine that it 
received countervailable subsidies at a de minimis rate. Therefore, we 
preliminarily determine that the other selected mandatory respondent, 
Assan Aluminyum Sanayi ve Ticaret A.S. (Assan), is the sole mandatory 
respondent which received countervailable subsidies that are above de 
minimis and are not based entirely on facts available. Therefore, we 
are preliminarily applying the net subsidy rate calculated for Assan to 
the non-selected companies.
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    \6\ 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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Preliminary Results of Review

    Commerce preliminarily determines the following net countervailable 
subsidy rates for the POR:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
ASAS Aluminyum Sanayi ve Ticaret A.S....................            0.32
Assan Aluminyum Sanayi ve Ticaret A.S \7\...............            1.15
Ilda Pack Ambalaj.......................................            1.15
John Good Denizcilik Tas.Ve.............................            1.15
Panda Aluminyum.........................................            1.15
Seherli Danismanlik A.S.................................            1.15
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to interested parties within five days after the 
date of publication of this notice.\8\ Pursuant to 19 CFR 351.309(c), 
interested parties may submit case briefs to Commerce no later than 
seven days after the date of the last verification report issued in 
this administrative review. 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.\9\ 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.\10\ 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. 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 
brief 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.'' \11\ 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).\12\
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    \7\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
Assan: Kibar D[inodot][scedil] Ticaret A.S.; Kibar Holding A.S.; and 
Ispak Esnek Ambalaj Sanayi A.S.
    \8\ See 19 CFR 351.224(b).
    \9\ 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).
    \10\ See 19 351.309(c)(2) and (d)(2).
    \11\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \12\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
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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. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. If a request for a hearing 
is made, Commerce will inform parties of the scheduled date for the 
hearing. An electronically filed hearing request must be received 
successfully in its entirety by Commerce's electronic records system, 
ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice.

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 will 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
countervailing duties on all appropriate entries covered by this 
review. We intend to issue 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)(2)(C) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts shown for each of the companies 
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 
countervailing 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.

Verification

    On April 13, 2023, the Aluminum Association Trade Enforcement 
Working Group and its individual members requested that Commerce 
conduct verification of the factual information submitted by the 
respondents in this administrative review. Accordingly, as provided in 
section 782(i)(3) of the Act, Commerce intends to verify certain of the 
information relied upon for its final results.

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).


[[Page 85230]]


    Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Subsidies Valuation
VI. Benchmarks and Interest Rates
VII. Analysis of Programs
VIII. Recommendation

[FR Doc. 2023-26877 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P