[Federal Register Volume 89, Number 87 (Friday, May 3, 2024)]
[Notices]
[Pages 36754-36756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09619]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-840]


Common Alloy Aluminum Sheet From the Republic of T[uuml]rkiye: 
Preliminary Results of the 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/or exporters of common alloy aluminum sheet (CAAS) from the 
Republic of T[uuml]rkiye (T[uuml]rkiye), during the period of review 
(POR) January 1, 2022, through December 31, 2022. Interested parties 
are invited to comment on these preliminary results.

DATES: Applicable May 3, 2024.

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 June 12, 2023, Commerce initiated this administrative review of 
the countervailing duty order on CAAS from T[uuml]rkiye.\1\ The 
mandatory company respondents are Assan Aluminyum Sanayi ve Ticaret 
A.S., Kibar Americas, Inc., and Kibar D[inodot][scedil] Ticaret A.S. 
(collectively, Assan) and Teknik Aluminyum Sanayi A.S. (Teknik). On 
December 12, 2023, Commerce extended the deadline for these preliminary 
results to April 26, 2024.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 38021 (June 12, 2023); see also See 
Common Alloy Aluminum Sheet from Bahrain, India, and the Republic of 
Turkey: Countervailing Duty Orders, 86 FR 22144 (April 27, 2021) 
(Order).
    \2\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Review,'' dated December 12, 2023.
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    For a complete description of the events that followed the 
initiation of the 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 Countervailing Duty Administrative Review of Common 
Alloy Aluminum Sheet from T[uuml]rkiye; 2022,'' 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 T[uuml]rkiye. 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,

[[Page 36755]]

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 received 
countervailable subsidies that are above de minimis and are not based 
entirely on facts available and that Teknik received countervailable 
subsidies that are below de minimis. Therefore, we preliminarily 
determine to apply the net subsidy rate calculated for Assan to the 
non-selected companies.\6\ The companies for which a review was 
requested, and which were not selected for individual examination as 
mandatory respondents or found to be cross-owned with a mandatory 
respondent, are: ASAS Aluminyum Sanayi ve Ticaret A.S.; Assan; P.M.S. 
Metal Profil Aluminum Sanayi Ve Ticaret A.S.; and Teknik.
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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

    Commerce preliminarily determines the following net countervailable 
subsidy rates exist for the period January 1, 2022, through December 
31, 2022:
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    \7\ This rate is applicable to Assan and its cross-owned 
companies Kibar Americas, Inc., and Kibar D[inodot][scedil] Ticaret 
A.S.

------------------------------------------------------------------------
                                                          Subsidy rate
                       Company                            (percent ad
                                                            valorem)
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Assan Aluminyum Sanayi ve Ticaret A.S.\7\............               1.08
Teknik Aluminyum Sanayi A.S..........................  0.19 (de minimis)
Companies Not Selected for Individual Examination....               1.08
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Disclosure and Public Comment

    Commerce intends to disclose its calculations 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).
    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance.\8\ Commerce will 
notify interested parties of the deadline for submission of case 
briefs. 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\
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    \8\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 for 
general filing requirements.
    \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) (APO and Service Procedures).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
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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 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 public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final determination in this investigation. We 
request that interested parties include footnotes for relevant 
citations in the public 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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    \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 APO and Service Procedures.
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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 submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, filed 
electronically, using ACCESS. Hearing requests should contain the 
party's name, address, and telephone number, the number of 
participants, and a list of the issues to be discussed. Issues raised 
in the hearing will be limited to those raised in the case and rebuttal 
briefs. An electronically filed request must be received successfully 
in its entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days of 
the publication date of this notice. If a request for a hearing is 
made, parties will be notified of the time and date of the hearing.\13\
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    \13\ See 19 CFR 351.310(d).
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised by the parties in any written briefs, no 
later than 120 days after the date of publication of these preliminary 
results.

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 the 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

    In accordance with section 751(a)(2)(C) of the Act, Commerce also 
intends upon publication of the final results, to instruct CBP to 
collect cash deposits of the estimated countervailing duties in the 
amounts calculated in the final results of this review for the 
respective 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. If 
the rate calculated in the final results is zero or de minimis, no cash 
deposit will be required on shipments of the 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

[[Page 36756]]

all-others rate (i.e., 3.45 percent).\14\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \14\ See Order, 86 FR at 22145.
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Notification to Interested Parties

    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.213(h)(2) and 351.221(b)(4).

    Dated: April 26, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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. Rate for Non-Selected Companies
V. Subsidies Valuation Information
VI. Benchmarks and Interest Rates
VII. Analysis of Programs
VIII. Recommendation

[FR Doc. 2024-09619 Filed 5-2-24; 8:45 am]
BILLING CODE 3510-DS-P