Common Alloy Aluminum Sheet From Turkey: Preliminary Results of Antidumping Duty Administrative Review; 2020-2022, 30089-30091 [2023-09962]
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Federal Register / Vol. 88, No. 90 / Wednesday, May 10, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and CBP shall assess,
antidumping duties on all appropriate
entries covered by this review.13
For the company that was not selected
for individual examination, we will
instruct CBP to assess antidumping
duties at an ad valorem rate equal to the
weighted-average dumping margin
determined in the final results of
review.
For individually examined
respondents whose weighted-average
dumping margin is not zero or de
minimis, we will calculate importerspecific assessment rates in accordance
with 19 CFR 351.212(b)(1). Where the
respondent reported reliable entered
values, we intend to calculate importerspecific ad valorem assessment rates by
dividing the total amount of dumping
calculated for all reviewed U.S. sales to
the importer by the total entered value
of the merchandise sold to the
importer.14 Where the respondent did
not report entered values, we will
calculate importer-specific assessment
rates by dividing the total amount of
dumping calculated for all reviewed
U.S. sales to the importer by the total
quantity of those sales. We also will
calculate an estimated ad valorem
importer-specific assessment rate to
determine whether the per-unit
assessment rate is de minimis; however,
we will use the per-unit assessment rate
where entered values were not
reported.15
Where an importer-specific ad
valorem assessment rate is not zero or
de minimis, we will instruct CBP to
collect the appropriate duties at the time
of liquidation. Where either the
respondent’s ad valorem weightedaverage dumping margin is zero or de
minimis, or an importer-specific ad
valorem assessment rate is zero or de
minimis,16 we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
Commerce’s ‘‘automatic assessment’’
practice will apply to entries of subject
merchandise during the POR produced
or exported by the examined companies
for which the examined companies did
not know that the merchandise they
sold was destined for the United States.
In such instances, we will instruct CBP
to liquidate unreviewed entries at the
all-others rate if there is no rate for the
13 See
14 See
19 CFR 351.212(b).
19 CFR 351.212(b)(1).
15 Id.
16 See
19 CFR 351.106(c)(2).
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Jkt 259001
intermediate company(ies) involved in
the transaction.17
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).
The final results of this 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.18
Cash Deposit Requirements
The following cash deposit
requirements will be in effect for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the notice of the final
results of this administrative review in
the Federal Register, as provided for by
section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the exporters listed
above will be equal to the weightedaverage dumping margin established in
the final results of this review, except if
the rate is less than 0.50 percent, and,
therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for previously reviewed or
investigated companies not
participating in this review, the cash
deposit rate will continue to be the
company-specific rate published for the
most recently-completed segment of this
proceeding in which the company was
reviewed; (3) if the exporter is not a firm
covered in this review or a previous
segment of this proceeding, but the
producer is, then the cash deposit rate
will be the rate established in the most
recently completed segment for the
producer of the subject merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 49.40 percent, the all-others rate
established in the less-than-fair-value
investigation.19
These deposit requirements, when
imposed, shall remain in effect until
further notice.
17 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
18 See section 751(a)(2)(C) of the Act.
19 See Common Alloy Aluminum Sheet from
Germany: Final Determination of Sales at Less Than
Fair Value, 86 FR 13318 (March 8, 2021).
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30089
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
and/or countervailing 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
and/or countervailing duties occurred
and the subsequent assessment of
double antidumping duties and/or
antidumping duties increased by the
amount of the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results of review in
accordance with sections 751(a)(1) and
777(i)(l) of the Act, and 19 CFR 351.213
and 351.221(b)(4).
Dated: April 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Sections in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Successor-in-Interest Analysis
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023–09922 Filed 5–9–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–839]
Common Alloy Aluminum Sheet From
Turkey: Preliminary Results of
Antidumping Duty Administrative
Review; 2020–2022
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 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. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable May 10, 2023.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley, AD/CVD Operations,
AGENCY:
E:\FR\FM\10MYN1.SGM
10MYN1
30090
Federal Register / Vol. 88, No. 90 / Wednesday, May 10, 2023 / Notices
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
lotter on DSK11XQN23PROD with NOTICES1
On April 27, 2021, Commerce
published the antidumping duty order
on common alloy aluminum sheet from
Turkey.1 On May 2, 2022, the
petitioners requested an administrative
review of six companies.2 On June 9,
2022, in accordance with 19 CFR
351.221(c)(i), Commerce initiated an
administrative review of the Order,
covering two producers/exporters
selected for individual examination,
Assan Aluminyum Sanayi ve Ticaret
A.S. (Assan) and Teknik Aluminyum
Sanayi A.S. (Teknik), and four
additional companies not selected for
individual examination: 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.3 Pursuant to section 751(a)(3)(A)
of the Tariff Act of 1930, as amended
(the Act), on December 2, 2022,
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 28, 2023.4
For a detailed description of the
events that followed the initiation of
this review, see the Preliminary
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 Aleris Rolled Products, Inc.; Arconic
Corporation; Commonwealth Rolled Products Inc.;
Constellium Rolled Products Ravenswood, LLC; JW
Aluminum Company; Novelis Corporation; and
Texarkana Aluminum, Inc. (collectively, the
petitioners).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Review, 87 FR
35165 (June 9, 2022). On August 23, 2022,
Commerce clarified with the petitioners that they
intended to request a review of ASAS Aluminyum
Sanayi ve Ticaret A.S., not ASA Aluminyum Sanayi
ve Ticaret A.S., the name listed in the initiation
notice published in June 2022. See Memorandum,
‘‘Clarification of Certain Companies Requested for
Review,’’ dated August 26, 2022. The correct name
was noted in a subsequent initiation notice
published in September 2022. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 54463 (September 6,
2022).
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of 2020–2022 Antidumping
Duty Administrative Review,’’ dated December 2,
2022.
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17:49 May 09, 2023
Jkt 259001
Decision Memorandum.5 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.
Scope of the Order
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.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
and (2) of the Act. We calculated export
price in accordance with section 772(a)
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 October 15, 2020,
through March 31, 2022.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review: Common Alloy Aluminum
Sheet from Turkey; 2020–2022,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
PO 00000
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Exporter or producer
Weightedaverage
dumping
margin
(percent)
Assan Aluminyum Sanayi ve
Ticaret A.S ..............................
Teknik Aluminyum Sanayi A.S ...
Non-Selected Companies ...........
2.61
12.24
7.40
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 allothers 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 weightedaverage 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 2.61 percent for Assan and
12.24 percent for Teknik. In accordance
with section 735(c)(5)(A) of the Act,
Commerce has assigned the weighted
average of these two calculated
weighted-average dumping margins
based on their publicly ranged sales
quantities, 7.40 percent, to the nonselected 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.6
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
than seven days after the date for filing
case briefs.7 Parties who submit case
briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) a statement of
the issue; (2) a brief summary of the
argument; and (3) a table of authorities.8
6 See
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d)(1) and (2); see also
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 17006,
17007 (March 26, 2020).
8 See 19 CFR 351.309(c)(2) and (d)(2).
7 See
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Federal Register / Vol. 88, No. 90 / Wednesday, May 10, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
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
document 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.9
All submissions should be filed using
ACCESS,10 and must be served on
interested parties.11 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.12
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 weightedaverage dumping margin is not zero or
de minimis (i.e., less than 0.50 percent)
9 See
19 CFR 351.310(c).
19 CFR 351.303.
11 See 19 CFR 351.303(f).
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
10 See
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17:49 May 09, 2023
Jkt 259001
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.13 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.14
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 allothers rate in the original less-than-fairvalue investigation if there is no rate for
the intermediate company(ies) involved
in the transaction.15
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 within the
meaning of 19 CFR 351.106(c)(1), then
the cash deposit rate will be zero); (2)
for producers or exporters not covered
13 See
19 CFR 351.212(b)(1).
19 CFR 351.106(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).
15 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
14 See
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Fmt 4703
Sfmt 9990
30091
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 allothers rate established in the less-thanfair-value investigation.16 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
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 and/or countervailing
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 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.
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)(2) and
351.221(b)(4).
Dated: April 28, 2023.
Lisa W. Wang,
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. 2023–09962 Filed 5–9–23; 8:45 am]
BILLING CODE 3510–DS–P
16 See
E:\FR\FM\10MYN1.SGM
Order, 86 FR at 22142.
10MYN1
]]>Agencies
[Federal Register Volume 88, Number 90 (Wednesday, May 10, 2023)]
[Notices]
[Pages 30089-30091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09962]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-839]
Common Alloy Aluminum Sheet From Turkey: Preliminary 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) preliminarily
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. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable May 10, 2023.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations,
[[Page 30090]]
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 Turkey.\1\ On May 2, 2022, the
petitioners requested an administrative review of six companies.\2\ On
June 9, 2022, in accordance with 19 CFR 351.221(c)(i), Commerce
initiated an administrative review of the Order, covering two
producers/exporters selected for individual examination, Assan
Aluminyum Sanayi ve Ticaret A.S. (Assan) and Teknik Aluminyum Sanayi
A.S. (Teknik), and four additional companies not selected for
individual examination: 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.\3\ Pursuant to section 751(a)(3)(A)
of the Tariff Act of 1930, as amended (the Act), on December 2, 2022,
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 28,
2023.\4\
---------------------------------------------------------------------------
\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\ Aleris Rolled Products, Inc.; Arconic Corporation;
Commonwealth Rolled Products Inc.; Constellium Rolled Products
Ravenswood, LLC; JW Aluminum Company; Novelis Corporation; and
Texarkana Aluminum, Inc. (collectively, the petitioners).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Review, 87 FR 35165 (June 9, 2022). On August 23,
2022, Commerce clarified with the petitioners that they intended to
request a review of ASAS Aluminyum Sanayi ve Ticaret A.S., not ASA
Aluminyum Sanayi ve Ticaret A.S., the name listed in the initiation
notice published in June 2022. See Memorandum, ``Clarification of
Certain Companies Requested for Review,'' dated August 26, 2022. The
correct name was noted in a subsequent initiation notice published
in September 2022. See Initiation of Antidumping and Countervailing
Duty Administrative Reviews, 87 FR 54463 (September 6, 2022).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2020-2022 Antidumping Duty Administrative Review,'' dated
December 2, 2022.
---------------------------------------------------------------------------
For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
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.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review: Common Alloy
Aluminum Sheet from Turkey; 2020-2022,'' 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 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.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and (2) of the Act. We calculated export price in
accordance with section 772(a) 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 October 15, 2020, through March 31, 2022.
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Assan Aluminyum Sanayi ve Ticaret A.S....................... 2.61
Teknik Aluminyum Sanayi A.S................................. 12.24
Non-Selected Companies...................................... 7.40
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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 2.61 percent for Assan and 12.24 percent for
Teknik. In accordance with section 735(c)(5)(A) of the Act, Commerce
has assigned the weighted average of these two calculated weighted-
average dumping margins based on their publicly ranged sales
quantities, 7.40 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.\6\
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed not later than seven days after the date for filing case
briefs.\7\ Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) a statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\8\
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\6\ See 19 CFR 351.309(c)(1)(ii).
\7\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006,
17007 (March 26, 2020).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
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[[Page 30091]]
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 document 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.\9\
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\9\ See 19 CFR 351.310(c).
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All submissions should be filed using ACCESS,\10\ and must be
served on interested parties.\11\ Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\12\
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\10\ See 19 CFR 351.303.
\11\ See 19 CFR 351.303(f).
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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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.\13\ 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.\14\
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\13\ See 19 CFR 351.212(b)(1).
\14\ See 19 CFR 351.106(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).
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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
investigation if there is no rate for the intermediate company(ies)
involved in the transaction.\15\
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\15\ 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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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 within the meaning of 19 CFR
351.106(c)(1), 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.\16\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\16\ See Order, 86 FR at 22142.
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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 and/or countervailing 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 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.
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)(2) and 351.221(b)(4).
Dated: April 28, 2023.
Lisa W. Wang,
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. 2023-09962 Filed 5-9-23; 8:45 am]
BILLING CODE 3510-DS-P
