Certain Aluminum Foil From the Republic of Turkey: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 85237-85240 [2023-26859]
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Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices
Company
Hyundai RB Co., Ltd. and its crossowned affiliates 6 ............................
SeAH Steel Corporation and its
cross-owned affiliates 7 ..................
HiSteel Co., Ltd .................................
Subsidy
rate
(percent ad
valorem)
1.54
* 0.19
1.54
* (de minimis).
Disclosure
Commerce intends to disclose to
parties in this proceeding the
calculations performed for these final
results of review within five days of the
date of publication of this notice in the
Federal Register.8
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(2),
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, countervailing duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review, for the
above-listed companies at the applicable
ad valorem assessment rates listed.
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).
ddrumheller on DSK120RN23PROD with NOTICES1
Cash Deposit Instructions
In accordance with section 751(a)(1)
of the Act, Commerce intends to instruct
CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown for each of the
companies listed above based on
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entered, or withdrawn from warehouse,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.9 For all nonreviewed firms subject to the Order, we
will instruct CBP to continue to collect
cash deposits of estimated
countervailing duties at the most recent
company-specific rate or the all-others
6 Commerce finds Shinchang Construction Co.,
Ltd. to be cross-owned with Hyundai RB.
7 Commerce finds the following companies to be
cross-owned with SeAH Steel: SeAH Holdings
Corporation; and ESAB SeAH Corporation.
8 See 19 CFR 351.224(b).
9 See, e.g., Honey from Argentina: Results of
Countervailing Duty Administrative Review, 69 FR
29518 (May 24, 2004), and accompanying Issues
and Decision Memorandum at Issue 4.
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85237
rate (i.e., 9.29 percent), as appropriate.10
These cash deposit requirements,
effective upon publication of these final
results, shall remain in effect until
further notice.
DEPARTMENT OF COMMERCE
Administrative Protective Order
Certain Aluminum Foil From the
Republic of Turkey: Preliminary
Results of Antidumping Duty
Administrative Review; 2021–2022
This notice also serves as a reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). 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 sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these
final results in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.221(b)(5).
Dated: December 1, 2023.
Abdelali Elouaradia,
Deputy 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. Subsidies Valuation Information
V. Analysis of Programs
VI. Discussion of Comments
Comment 1: Whether the Korea Emissions
Trading System (K–ETS) Program Is
Countervailable
Comment 2: Whether the Provision of
Electricity for Less Than Adequate
Remuneration (LTAR) Is Countervailable
Comment 3: Whether the Demand
Response Resources (DRR) Program Is
Countervailable
Comment 4: Whether Certain Programs Are
De Facto Specific When Widely
Available and Used
Comment 5: Whether the Energy Storage
Systems (ESS) Program Is Specific
Comment 6: Whether the Employment
Security Improvement (ESI) Program Is
Countervailable
Comment 7: Whether To Adjust the
Calculated Benefit Under Restriction of
Special Local Taxation Act (RSLTA)
Article 78 for the Payment of the Special
Rural Development Tax (SRDT)
VII. Recommendation
[FR Doc. 2023–26901 Filed 12–6–23; 8:45 am]
BILLING CODE 3510–DS–P
10 See
PO 00000
International Trade Administration
[A–489–844]
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that the certain producers/
exporters subject to this administrative
review made sales of subject
merchandise at less than normal value
(NV) during the period of review (POR)
September 23, 2021, through October
31, 2022. Interested parties are invited
to comment on these preliminary
results.
AGENCY:
DATES:
Applicable December 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Christopher Williams or Bryan Hansen,
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) 482–5166 or
(202) 482–3683, 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 Turkey (Turkey).1 On
November 1, 2022, we published in the
Federal Register a notice of opportunity
to request an administrative review of
the Order for the POR.2 On January 3,
2023, based on timely requests for an
administrative review, Commerce
initiated an administrative review of the
Order with respect to four companies.3
On January 26, 2023, Commerce
selected the Assan Single Entity 4 for
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 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, 55 (January 3, 2023) (Initiation Notice).
4 Commerce previously determined that Assan
Aluminyum Sanayi ve Ticaret A.S., Kibar Dis
Ticaret A.S., and Ispak Esnek Ambalaj Sanayi A.S.,
comprise the Assan Single Entity. See Certain
Order, 84 FR at 18775.
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Continued
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Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices
individual examination as a mandatory
respondent in this administrative
review.5 On May 5, 2023, Commerce
selected ASAS Aluminyum Sanayi Ve
Ticaret (ASAS) as an additional
mandatory respondent in this
administrative review.6
On July 6, 2023, Commerce extended
the time limit for these preliminary
results to November 17, 2023.7 On
November 13, 2023, Commerce, again,
extended the time limit for these
preliminary results to November 30,
2023.8 For a complete description of the
events between the initiation of the
administrative review and these
preliminary results, see the Preliminary
Decision Memorandum.9
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached 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.
Scope of the Order
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The merchandise covered by the
Order is aluminum foil from Turkey.
For a full description of the scope of the
Order, see the Preliminary Decision
Memorandum.
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);
see also Initiation Notice, 88 FR at 51 (‘‘Commerce
will not conduct collapsing analyses at the
respondent selection phase of this review and will
not collapse companies at the respondent selection
phase unless there has been a determination to
collapse certain companies in a previous segment
of this {antidumping duty} proceeding (e.g.,
investigation, administrative review, new shipper
review, or changed circumstances review).’’).
5 See Memorandum, ‘‘Respondent Selection,’’
dated January 26, 2023.
6 See Memorandum, ‘‘Additional Respondent
Selection,’’ dated May 5, 2023.
7 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review; 2021–2022,’’ dated July 6,
2023.
8 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review; 2021–2022,’’ dated
November 13, 2023.
9 See Memorandum, ‘‘Certain Aluminum Foil
from the Republic of Turkey: Decision
Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review; 2021–
2022,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
We calculated export price and
constructed export price in accordance
with section 772 of the Act, and we
calculated NV in accordance with
section 773 of the Act. For a full
description of the methodology
underlying these preliminary results,
see the Preliminary Decision
Memorandum.
Rate for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for individual
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a less-than-fair-value
(LTFV) investigation, for guidance when
calculating the weighted-average
dumping margin for companies which
were not selected for individual
examination in an administrative
review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally
‘‘an amount equal to the weightedaverage of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’
In this administrative review,
Commerce calculated individual
weighted-average dumping margins for
the Assan Single Entity and ASAS, the
two mandatory respondents, that are not
zero, de minimis, or based entirely on
facts otherwise available. Because the
calculated individual weighted-average
dumping margins are not zero, de
minimis, or based entirely on facts
otherwise available, Commerce
calculated the rate for non-examined
companies using a weighted average of
the weighted-average dumping margins
calculated for the mandatory
respondents using each company’s
publicly-ranged U.S. sales values for the
merchandise under consideration,
consistent with the guidance in section
735(c)(5)(B) of the Act.10
10 With rates for two examined respondents,
Commerce normally calculates: (A) a weightedaverage of the weighted-average dumping margins
calculated for the examined respondents using each
company’s actual total U.S. sales value; (B) a simple
average of the weighted-average dumping margins
calculated for the examined respondents; and (C) a
weighted-average of the weighted-average dumping
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Preliminary Results of Review
We preliminarily determine that the
following estimated weighted-average
dumping margins exist for the period
September 23, 2021, through October
31, 2022:
Producer and/
or exporter
ASAS Aluminyum
Sanayi Ve Ticaret .....
Assan Single Entity 11 ...
Ilda Pack Ambalaj .........
Panda Aluminyum A.S
Weighted-average
dumping margin
(percent)
1.33
1.30
1.30
1.30
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.12 Pursuant to 19 CFR
351.309(c)(1)(ii), interested parties may
submit case briefs to Commerce no later
than 30 days after the date of
publication of this notice.13 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.14
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.15 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
margins calculated for the examined respondents
using each company’s publicly-ranged total U.S.
sales value. Commerce then compares (B) and (C)
to (A), and, in order to not reveal the business
proprietary total U.S. sales value of the two
examined respondents, selects the rate closest to (A)
as the most appropriate rate for the non-examined
companies. See Memorandum, ‘‘Certain Aluminum
Foil from Turkey: Preliminary Rate for NonSelected Respondents,’’ dated November 30, 2023;
see also Ball Bearings and Parts Thereof from
France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of ChangedCircumstances Review, and Revocation of an Order
in Part, 75 FR 53661, 53662 (September 1, 2010),
and accompanying Issues and Decision
Memorandum at Comment 1.
11 The Assan Single Entity consists of Assan
Aluminyum Sanayi ve Ticaret A.S., Kibar Dis
Ticaret A.S., and Ispak Esnek Ambalaj Sanayi A.S.
See also Initiation Notice, 88 FR at 55.
12 See 19 CFR 351.224(b).
13 See also 19 CFR 351.303 (for general filing
requirements).
14 See 19 CFR 351.309(d)(1); see also
Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing
Duty Proceedings, 88 FR 67069, 67077 (September
29, 2023).
15 See 19 351.309(c)(2) and (d)(2).
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Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.16 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.
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.
All submissions, including case and
rebuttal briefs, as well as hearing
requests, should be filed using
ACCESS.17 An electronically filed
document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
Eastern Time on the established
deadline. Note that Commerce has
amended certain of its requirements
pertaining to the service of documents
in 19 CFR 351.303(f).18
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised in written briefs, not later
than 120 days after the publication of
this notice in the Federal Register,
pursuant to 751(a)(3)(A) of the Act and
19 CFR 351.213(h)(1).
Assessment of Antidumping Duties
ddrumheller on DSK120RN23PROD with NOTICES1
Upon completion of the final results
of this administrative review, pursuant
to section 751(a)(2)(A) of the Act,
Commerce shall determine, and the U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise covered by this review.19
16 We
use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
17 See 19 CFR 351.303.
18 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR
67069 (September 29, 2023).
19 See 19 CFR 351.212(b)(1).
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If an examined respondent’s
weighted-average dumping margin is
not zero or de minimis (i.e., less than 0.5
percent) in the final results of this
review, we intend to calculate an
importer-specific assessment rate for
antidumping duties 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). For the companies
identified above that were not selected
for individual examination, we will
instruct CBP to assess antidumping
duties at a rate equal to the weightedaverage dumping margin established in
the final results of review. If the
respondent’s weighted-average dumping
margin or an importer-specific
assessment rate is zero or de minimis in
the final results of this review, we
intend to instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.
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 was destined for the
United States, we will instruct CBP to
liquidate these entries at the all-others
rate if there is no rate for the
intermediate company(ies) involved in
the transaction.20
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 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.21
Cash Deposit Requirements
The following cash deposit
requirements for estimated antidumping
duties will be effective upon publication
in the Federal Register of the notice of
the final results of this review for all
shipments of aluminum foil from
Turkey entered, or withdrawn from
warehouse, for consumption on or after
20 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
21 See section 751(a)(2)(C) of the Act.
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85239
the date of publication 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
weighted-average dumping margins
established in the final results of the
review; (2) for merchandise exported by
companies not covered in this review
but covered in a prior completed
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, a prior review,
or the investigation but the producer is,
then the cash deposit rate will be the
rate established in 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 1.95 percent, the all-others rate
established in the LTFV investigation,
adjusted for the export-subsidy rate in
the companion countervailing duty
investigation.22 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 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 countervailing duties.
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 351.213 and 19 CFR
351.221(b)(4).
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. Scope of the Order
IV. Rate for Non-Examined Companies
V. Discussion of the Methodology
22 See
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Order, 86 FR at 62792.
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Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices
VI. Currency Conversion
VII. Recommendation
this review in accordance with section
751 of the Tariff Act of 1930, as
amended (the Act).
[FR Doc. 2023–26859 Filed 12–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–560–836]
Mattresses From Indonesia: Final
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) determines that
PT Ecos Jaya Indonesia and PT Grantec
Jaya Indonesia (collectively, Ecos/
Grantec) and PT Zinus Global Indonesia
(Zinus) made sales of subject
merchandise in the United States at
prices below normal value (NV) during
the period of review (POR), November 3,
2020, through April 30, 2022.
Commerce further determines that sales
of subject merchandise made by the
non-individually examined companies
were at prices below NV.
DATES: Applicable December 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Katherine Johnson or Brian Smith, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4929 or
(202) 482–1766, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
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On June 6, 2023, Commerce published
the Preliminary Results of this
administrative review.1 We invited
interested parties to comment on the
Preliminary Results. On September 15,
2023, Commerce extended the deadline
for the final results of this
administrative review until December 1,
2023.2 For a summary of the events that
occurred since the Preliminary Results,
see the Issues and Decision
Memorandum.3 Commerce conducted
1 See Mattresses from Indonesia: Preliminary
Results of Antidumping Duty Administrative
Review; 2020–2022, 88 FR 37027 (June 6, 2023)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review,’’ dated September 15, 2023.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2020–
2022 Antidumping Duty Administrative Review:
Mattresses from Indonesia,’’ dated concurrently
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established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely on the
4
Scope of the Order
basis of facts available.
The merchandise covered by this
In this review, we calculated
Order is mattresses from Indonesia. A
weighted-average dumping margins of
full description of the scope of the
8.40 percent and 6.75 percent for Ecos/
Order is contained in the Issues and
Grantec and Zinus, respectively. With
Decision Memorandum.
two respondents under individual
examination, Commerce normally
Analysis of Comments Received
calculates: (A) a weighted-average of the
We addressed all issues raised in the
estimated dumping rates calculated for
case and rebuttal briefs filed in this
the examined respondents; (B) a simple
administrative review in the Issues and
average of the estimated dumping rates
Decision Memorandum. A list of the
calculated for the examined
issues addressed in the Issues and
respondents; and (C) a weighted-average
Decision Memorandum is included in
of the estimated dumping rates
Appendix I. The Issues and Decision
calculated for the examined respondents
Memorandum is a public document and using each company’s publicly-ranged
is on file electronically via Enforcement U.S. sales values for the merchandise
and Compliance’s Antidumping and
under consideration. Commerce then
Countervailing Duty Centralized
compares (B) and (C) to (A) and selects
Electronic Service System (ACCESS).
the rates closest to (A) as the most
ACCESS is available to registered users
appropriate rate for all other producers
at https://access.trade.gov. In addition, a
and exporters.6 As a result of this
complete version of the Issues and
comparison, we assigned a dumping
Decision Memorandum can be accessed
margin of 7.04 percent to the nondirectly at https://access.trade/gov/
examined companies.7
public/FRNoticesListLayout.aspx.
Final Results of Review
Changes Since the Preliminary Results
We determine that the following
Based on an analysis of the comments
weighted-average dumping margins
received and our findings at
exist for the POR:
verification, we have made changes to
the margin calculations in the
Weighted
Preliminary Results for both Ecos/
-average
5
Grantec and Zinus.
Exporter or producer
dumping
Rate for Non-Examined Respondents
The statute and Commerce’s
regulations do not address the
establishment of a weighted-average
dumping margin to be determined for
companies not selected for individual
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) 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 determining the
weighted-average dumping margin for
companies which were not selected for
individual examination 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
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
4 See Mattresses from Cambodia, Indonesia,
Malaysia, Serbia, Thailand, Republic of Turkey,
and the Socialist Republic of Vietnam:
Antidumping Duty Orders and Amended Final
Affirmative Antidumping Determination for
Cambodia, 86 FR 26460 (May 14, 2021) (Order).
5 See the Issues and Decision Memorandum.
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margin
(percent)
PT Ecos Jaya Indonesia/PT
Grantec Jaya Indonesia 8 ..
PT Zinus Global Indonesia ...
Non-Examined Companies 9
8.40
6.75
7.04
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.10
Disclosure
We intend to disclose the calculations
performed for these final results of
6 See, e.g., Ball Bearings and Parts Thereof from
France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of ChangedCircumstances Review, and Revocation of an Order
in Part, 75 FR 53661 (September 1, 2020).
7 See Memorandum, ‘‘Calculation of the Cash
Deposit Rate for Non-Selected Companies,’’ dated
December 1, 2023.
8 We are treating these companies as a single
entity for purposes of this review. For a complete
discussion, see Memorandum, ‘‘Affiliation and
Collapsing of PT Ecos Jaya Indonesia and PT
Grantec Jaya Indonesia,’’ dated December 8, 2022.
9 See Appendix II for a list of these companies.
10 See section 751(a)(2)(C) of the Act.
E:\FR\FM\07DEN1.SGM
07DEN1
]]>Agencies
[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85237-85240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26859]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-844]
Certain Aluminum Foil From the Republic of Turkey: Preliminary
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) preliminarily finds
that the certain producers/exporters subject to this administrative
review made sales of subject merchandise at less than normal value (NV)
during the period of review (POR) September 23, 2021, through October
31, 2022. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable December 7, 2023.
FOR FURTHER INFORMATION CONTACT: Christopher Williams or Bryan Hansen,
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) 482-5166 or (202) 482-
3683, 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 Turkey (Turkey).\1\ On November 1, 2022, we
published in the Federal Register a notice of opportunity to request an
administrative review of the Order for the POR.\2\ On January 3, 2023,
based on timely requests for an administrative review, Commerce
initiated an administrative review of the Order with respect to four
companies.\3\ On January 26, 2023, Commerce selected the Assan Single
Entity \4\ for
[[Page 85238]]
individual examination as a mandatory respondent in this administrative
review.\5\ On May 5, 2023, Commerce selected ASAS Aluminyum Sanayi Ve
Ticaret (ASAS) as an additional mandatory respondent in this
administrative review.\6\
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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 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, 55 (January 3, 2023) (Initiation
Notice).
\4\ Commerce previously determined that Assan Aluminyum Sanayi
ve Ticaret A.S., Kibar Dis Ticaret A.S., and Ispak Esnek Ambalaj
Sanayi A.S., comprise the Assan Single Entity. 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); see also Initiation Notice, 88 FR at 51 (``Commerce will not
conduct collapsing analyses at the respondent selection phase of
this review and will not collapse companies at the respondent
selection phase unless there has been a determination to collapse
certain companies in a previous segment of this {antidumping
duty{time} proceeding (e.g., investigation, administrative review,
new shipper review, or changed circumstances review).'').
\5\ See Memorandum, ``Respondent Selection,'' dated January 26,
2023.
\6\ See Memorandum, ``Additional Respondent Selection,'' dated
May 5, 2023.
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On July 6, 2023, Commerce extended the time limit for these
preliminary results to November 17, 2023.\7\ On November 13, 2023,
Commerce, again, extended the time limit for these preliminary results
to November 30, 2023.\8\ For a complete description of the events
between the initiation of the administrative review and these
preliminary results, see the Preliminary Decision Memorandum.\9\
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\7\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022,''
dated July 6, 2023.
\8\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022,''
dated November 13, 2023.
\9\ See Memorandum, ``Certain Aluminum Foil from the Republic of
Turkey: Decision Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review; 2021-2022,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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A list of the topics discussed in the Preliminary Decision
Memorandum is attached 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.
Scope of the Order
The merchandise covered by the Order is aluminum foil from Turkey.
For a full 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 Tariff Act of 1930, as amended (the Act). We calculated
export price and constructed export price in accordance with section
772 of the Act, and we calculated NV in accordance with section 773 of
the Act. For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum.
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a less-
than-fair-value (LTFV) investigation, for guidance when calculating the
weighted-average dumping margin for companies which were not selected
for individual examination 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 or de minimis margins, and any margins
determined entirely {on the basis of facts available{time} .''
In this administrative review, Commerce calculated individual
weighted-average dumping margins for the Assan Single Entity and ASAS,
the two mandatory respondents, that are not zero, de minimis, or based
entirely on facts otherwise available. Because the calculated
individual weighted-average dumping margins are not zero, de minimis,
or based entirely on facts otherwise available, Commerce calculated the
rate for non-examined companies using a weighted average of the
weighted-average dumping margins calculated for the mandatory
respondents using each company's publicly-ranged U.S. sales values for
the merchandise under consideration, consistent with the guidance in
section 735(c)(5)(B) of the Act.\10\
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\10\ With rates for two examined respondents, Commerce normally
calculates: (A) a weighted-average of the weighted-average dumping
margins calculated for the examined respondents using each company's
actual total U.S. sales value; (B) a simple average of the weighted-
average dumping margins calculated for the examined respondents; and
(C) a weighted-average of the weighted-average dumping margins
calculated for the examined respondents using each company's
publicly-ranged total U.S. sales value. Commerce then compares (B)
and (C) to (A), and, in order to not reveal the business proprietary
total U.S. sales value of the two examined respondents, selects the
rate closest to (A) as the most appropriate rate for the non-
examined companies. See Memorandum, ``Certain Aluminum Foil from
Turkey: Preliminary Rate for Non-Selected Respondents,'' dated
November 30, 2023; see also Ball Bearings and Parts Thereof from
France, Germany, Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final Results of
Changed-Circumstances Review, and Revocation of an Order in Part, 75
FR 53661, 53662 (September 1, 2010), and accompanying Issues and
Decision Memorandum at Comment 1.
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Preliminary Results of Review
We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period September 23, 2021,
through October 31, 2022:
------------------------------------------------------------------------
Weighted-average
Producer and/ or exporter dumping margin
(percent)
------------------------------------------------------------------------
ASAS Aluminyum Sanayi Ve Ticaret.................... 1.33
Assan Single Entity \11\............................ 1.30
Ilda Pack Ambalaj................................... 1.30
Panda Aluminyum A.S................................. 1.30
------------------------------------------------------------------------
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.\12\ Pursuant to 19 CFR
351.309(c)(1)(ii), interested parties may submit case briefs to
Commerce no later than 30 days after the date of publication of this
notice.\13\ 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.\14\
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\11\ The Assan Single Entity consists of Assan Aluminyum Sanayi
ve Ticaret A.S., Kibar Dis Ticaret A.S., and Ispak Esnek Ambalaj
Sanayi A.S. See also Initiation Notice, 88 FR at 55.
\12\ See 19 CFR 351.224(b).
\13\ See also 19 CFR 351.303 (for general filing requirements).
\14\ See 19 CFR 351.309(d)(1); see also Administrative
Protective Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023).
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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.\15\ 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
[[Page 85239]]
provide at the beginning of their briefs a public, executive summary
for each issue raised in their briefs.\16\ 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.
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\15\ See 19 351.309(c)(2) and (d)(2).
\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
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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.
All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed using ACCESS.\17\ An electronically
filed document must be received successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time on the established deadline. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\18\
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\17\ See 19 CFR 351.303.
\18\ 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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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of issues raised in written briefs, not later than 120 days
after the publication of this notice in the Federal Register, pursuant
to 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment of Antidumping Duties
Upon completion of the final results of this administrative review,
pursuant to section 751(a)(2)(A) of the Act, Commerce shall determine,
and the U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries of subject merchandise
covered by this review.\19\
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\19\ See 19 CFR 351.212(b)(1).
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If an examined respondent's weighted-average dumping margin is not
zero or de minimis (i.e., less than 0.5 percent) in the final results
of this review, we intend to calculate an importer-specific assessment
rate for antidumping duties 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). For the companies identified above that were not
selected for individual examination, we will instruct CBP to assess
antidumping duties at a rate equal to the weighted-average dumping
margin established in the final results of review. If the respondent's
weighted-average dumping margin or an importer-specific assessment rate
is zero or de minimis in the final results of this review, we intend to
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
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 was destined for the United States, we will
instruct CBP to liquidate these entries at the all-others rate if there
is no rate for the intermediate company(ies) involved in the
transaction.\20\
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\20\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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 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.\21\
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\21\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements
The following cash deposit requirements for estimated antidumping
duties will be effective upon publication in the Federal Register of
the notice of the final results of this review for all shipments of
aluminum foil from Turkey entered, or withdrawn from warehouse, for
consumption on or after the date of publication 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 weighted-average dumping margins
established in the final results of the review; (2) for merchandise
exported by companies not covered in this review but covered in a prior
completed 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, a prior review, or the investigation but the
producer is, then the cash deposit rate will be the rate established in
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 1.95 percent, the all-others
rate established in the LTFV investigation, adjusted for the export-
subsidy rate in the companion countervailing duty investigation.\22\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\22\ See Order, 86 FR at 62792.
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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 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
countervailing duties.
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
351.213 and 19 CFR 351.221(b)(4).
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. Scope of the Order
IV. Rate for Non-Examined Companies
V. Discussion of the Methodology
[[Page 85240]]
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023-26859 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P
