[Federal Register Volume 89, Number 112 (Monday, June 10, 2024)]
[Notices]
[Pages 48889-48891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12653]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-844]


Certain Aluminum Foil From the Republic of T[uuml]rkiye: Final 
Results of Antidumping Duty Administrative Review; 2021-2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain producers and exporters subject to this administrative review 
made sales of subject merchandise at less than normal value during the 
period of review (POR) September 23, 2021, through October 31, 2022.

DATES: Applicable June 10, 2024.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Christopher Williams, 
AD/CVD Operations, Office I, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-3683 and (202) 
482-5166, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 12, 2021, Commerce published in the Federal Register 
the antidumping duty order on certain aluminum foil (aluminum foil) 
from the Republic of T[uuml]rkiye (T[uuml]rkiye).\1\ On December 7, 
2023, Commerce published the Preliminary Results of the 2021-2022 
administrative review of the antidumping duty order on certain aluminum 
foil (aluminum foil) from T[uuml]rkiye and invited interested parties 
to comment.\2\ The review covers four companies, including two 
mandatory respondents, Assan Aluminyum Sanayi ve Ticaret A.S., Kibar 
Dis Ticaret A.S., and Ispak Esnek Ambalaj Sanayi A.S. (collectively, 
the Assan Single Entity),\3\ and ASAS Aluminyum Sanayi Ve

[[Page 48890]]

Ticaret A.S. (ASAS).\4\ On May 10, 2024, Commerce extended the deadline 
for issuing the final results until June 4, 2024.\5\ For a complete 
description of the events that occurred since the Preliminary Results, 
see the Issues and Decision Memorandum.\6\ Commerce conducted this 
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 Certain Aluminum Foil from the Republic of Armenia, 
Brazil, the Sultanate of Oman, the Russian Federation, and the 
Republic of Turkey: Antidumping Duty Orders, 86 FR 62790 (November 
12, 2021) (Order).
    \2\ See Certain Aluminum Foil from the Republic of Turkey: 
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022, 88 FR 85237 (December 7, 2023) (Preliminary Results) and 
accompanying Preliminary Decision Memorandum (PDM).
    \3\ Commerce previously determined in the investigation that 
these three companies are a single entity and no party has 
challenged that determination in this review. See Certain Aluminum 
Foil from the Republic of Turkey: Final Affirmative Determination of 
Sales at Less Than Fair Value, 86 FR 52880 n.10 (September 23, 
2021).
    \4\ We initiated this administrative review of ASAS Aluminyum 
Sanayi ve Ticaret A.S. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, 88 FR 50, 55 (January 3, 
2023). In the Preliminary Results, we inadvertently omitted the 
suffix A.S. from this company's name. See Preliminary Results, 88 FR 
at 85238.
    \5\ See Memoranda, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review; 2021-2022,'' dated February 
27, 2024, and ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review; 2021-2022,'' dated May 10, 
2024.
    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Antidumping Duty 
Order on Certain Aluminum Foil from the Republic of T[uuml]rkiye; 
2021-2022,'' dated concurrently with, and hereby adopted by this 
notice (Issues and Decision Memorandum).
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Scope of the Order

    The product covered by the Order is aluminum foil from 
T[uuml]rkiye. For a full description of the scope of the Order, see the 
Issues and Decision Memorandum.\7\
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    \7\ Id.
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Analysis of Comments Received

    The issues raised by the interested parties in their case and 
rebuttal briefs are addressed in the Issues and Decision Memorandum. 
The topics discussed in the Issues and Decision Memorandum 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 at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record and the comments received from 
interested parties, we made changes to the Preliminary Results with 
respect to the margins calculated for the respondents. For further 
details, see the Issues and Decision Memorandum.

Rate for Non-Examined Companies

    The statute and regulations do not address the establishment of a 
rate to be assigned to respondents not selected for individual 
examination when we limit our examination of companies subject to the 
administrative review pursuant to section 777A(c)(2)(B) 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 calculating the rate for respondents 
not individually examined 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 any zero and de minimis margins, and any 
margins determined entirely {on the basis of facts available{time} .'' 
Accordingly, in the final results of review, we are assigning to the 
companies not individually examined, listed in the chart below, a 
weighted-average dumping margin based on the average of the 
individually calculated weighted-average dumping margins of the Assan 
Single Entity and ASAS weighted by their publicly available ranged U.S. 
sales values.\8\
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    \8\ See Memorandum, ``Final Rate for Non-Selected Companies,'' 
dated concurrently with this notice.
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Final Results of Review

    Commerce determines that the following estimated weighted-average 
dumping margins exist for the period September 23, 2021, through 
October 31, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
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Assan Aluminyum Sanayi ve Ticaret A.S.; Kibar Dis Ticaret           1.41
 A.S.; and Ispak Esnek Ambalaj Sanayi A.S...................
ASAS Aluminyum Sanayi Ve Ticaret A.S........................        1.88
Ilda Pack Ambalaj...........................................        1.49
Panda Aluminyum A.S.........................................        1.49
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed in 
connection with the final results to interested parties within five 
days of the date of publication of this notice in the Federal Register, 
in accordance with 19 CFR 351.224(b).

Assessment of Antidumping Duties

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce has determined, 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. 
Because the weighted-average dumping margins for the Assan Single 
Entity and ASAS are not zero or de minimis (i.e., less than 0.5 
percent) in the final results of this review, we calculated an 
importer-specific assessment rate based on the ratio of the total 
amount of dumping calculated for each importer's examined sales and the 
total entered value of those same sales in accordance with 19 CFR 
351.212(b)(1).\9\ Where an importer-specific assessment rate is zero or 
de minimis (i.e., less than 0.5 percent), the entries by that importer 
will be liquidated without regard to antidumping duties. The final 
results of this administrative review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.\10\
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    \9\ In these final results, Commerce applied the assessment rate 
calculation method adopted in Antidumping Proceedings: Calculation 
of the Weighted-Average Dumping Margin and Assessment Rate in 
Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 
(February 14, 2012).
    \10\ See section 751(a)(2)(C) of the Act.
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    For entries of subject merchandise during the POR produced by 
either of the individually examined respondents for which they did not 
know that the merchandise they sold to the intermediary (e.g., a 
reseller, trading company, or exporter) was destined for the United 
States, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate if there is no rate for the intermediate company(ies) 
involved in the transaction.\11\
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    \11\ 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 all non-examined companies subject to this review, we will 
instruct CBP to liquidate all entries of subject merchandise that 
entered the United States during the POR and assess antidumping duties 
at a rate equal to the weighted-average dumping margin listed above.
    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).

[[Page 48891]]

Cash Deposit Requirements

    Upon publication of this notice in the Federal Register, the 
following cash deposit requirements will be effective for all 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 administrative review as provided by section 751(a)(2) of the Act: 
(1) the cash deposit rate for companies subject to this review will be 
equal to the company-specific weighted-average dumping margin 
established in the final results of the review; (2) for merchandise 
exported by companies not covered in this review but covered in a prior 
segment of this 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 a prior segment of the proceeding (e.g., the original 
investigation of sales at less than fair value (LTFV)) 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 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be 1.95 percent,\12\ the all-others rate 
established in the LTFV investigation, adjusted for the export-subsidy 
rate in the companion countervailing duty investigation. These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \12\ See Certain Aluminum Foil from the Republic of Turkey: 
Final Affirmative Determination of Sales at Less Than Fair Value, 86 
FR 52880 (September 23, 2021).
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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 Order

    This notice also serves as a final reminder to parties subject to 
an 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. 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

    Commerce is issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: June 4, 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 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: Duty Drawback Adjustment
    Comment 2: Calculation of the Per-Unit Duty Drawback Adjustment 
for ASAS
    Comment 3: Early Payment Discount Adjustment
    Comment 4: Interest Expenses as Part of U.S. Indirect Selling 
Expenses
    Comment 5: Monthly Comparisons of U.S. Price With Normal Value 
Due to High Inflation
    Comment 6: Turkish Lira (TL)-Denominated Home Market Sales 
Invoices
    Comment 7: Reporting Physical Characteristics for Gauge
    Comment 8: Application of Billing Adjustment
    Comment 9: Average Raw Material Metal Premium Costs
    Comment 10: Inclusion of ``Goods in Transit'' in Manual 
Adjustment Ratio for Cost of Manufacture
VI. Recommendation

[FR Doc. 2024-12653 Filed 6-7-24; 8:45 am]
BILLING CODE 3510-DS-P