[Federal Register Volume 89, Number 87 (Friday, May 3, 2024)]
[Notices]
[Pages 36759-36761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09621]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-839]


Common Alloy Aluminum Sheet From T[uuml]rkiye: Preliminary 
Results of Antidumping Duty Administrative Review; 2022-2023

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 
T[uuml]rkiye (T[uuml]rkiye) was sold in the United States at less than 
normal value during the period of review (POR) April 1, 2022, through 
March 31, 2023. 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 April 27, 2021, Commerce published the antidumping duty order on 
common alloy aluminum sheet from T[uuml]rkiye.\1\ On June 12, 2023, in 
accordance with 19 CFR 351.221(c)(i), Commerce initiated an 
administrative review of the Order, covering eight producers/exporters: 
Aluminyum Sanayi ve Ticaret A.S.; Assan Aluminyum Sanayi ve Ticaret 
A.S. (Assan); Kibar Americas, Inc.; Kibar Dis Ticaret A.S.; Panda 
Aluminyum A.S.; PMS Metal Profil Aluminyum Sanayi ve Ticaret A.S.; TAC 
Metal Ticaret Anonim Sirketi; and Teknik Aluminyum Sanayi A.S. 
(Teknik).\2\
---------------------------------------------------------------------------

    \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\ See Initiation of Antidumping and Countervailing Duty 
Administrative Review, 88 FR 38021 (June 12, 2023).
---------------------------------------------------------------------------

    Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act), on December 11, 2023, 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 26, 2024.\3\
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated December 
11, 2023.
---------------------------------------------------------------------------

    For a detailed description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\4\ 
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.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review: Common Alloy 
Aluminum Sheet from T[uuml]rkiye; 2022-2023,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the Order is CAAS from T[uuml]rkiye. 
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) of the Act. We calculated constructed export price in accordance 
with section 772 of the Act and normal value in accordance with section 
773 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 April 1, 2022, through March 31, 2023:

------------------------------------------------------------------------
                                                              Weight-
                                                              average
                  Exporter or producer                    dumping margin
                                                             (percent)
------------------------------------------------------------------------
Assan Aluminyum Sanayi ve Ticaret A.S...................            1.49
Teknik Aluminyum Sanayi A.S.............................            2.59
Non-Selected Companies..................................            2.04
------------------------------------------------------------------------

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 1.49 percent for Assan and 2.59 percent for 
Teknik. In accordance with section 735(c)(5)(A) of the Act, Commerce 
has assigned the average of these two calculated weighted-average 
dumping margins, 2.04 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.\5\ 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed not later than seven days after the date for filing

[[Page 36760]]

case briefs.\6\ Interested parties who submit case briefs or rebuttal 
briefs in this proceeding are encouraged to submit with each argument: 
(1) a statement of the issue; and (2) a table of authorities.\7\
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.309(c)(1)(ii).
    \6\ 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 Final Rule).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    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.\8\ 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).\9\
---------------------------------------------------------------------------

    \8\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \9\ See APO and Service Final Rule.
---------------------------------------------------------------------------

    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 hearing request 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.\10\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    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.\11\ 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.\12\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.212(b)(1).
    \12\ See 19 CFR 352.106(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).
---------------------------------------------------------------------------

    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 
(LTFV) investigation (i.e., 4.85 percent) if there is no rate for the 
intermediate company(ies) involved in the transaction.\13\
---------------------------------------------------------------------------

    \13\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

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, 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.\14\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \14\ See Order, 85 FR at 17866.
---------------------------------------------------------------------------

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 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 duties occurred and the subsequent 
assessment of double antidumping duties.

[[Page 36761]]

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) 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. Affiliation
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2024-09621 Filed 5-2-24; 8:45 am]
BILLING CODE 3510-DS-P