Certain Aluminum Foil From Turkey: Preliminary Results of Countervailing Duty Administrative Review, 85228-85230 [2023-26877]
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85228
Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices
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 6.08 percent, the all-others rate
established in the LTFV investigation
for this proceeding.7 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Comment 3: Whether Commerce Should
Apply the Major Input Rule to Value
NVR’s Affiliate-Supplied Slab
Comment 4: Whether Commerce Should
Allocate NVR’s Unreconciled Costs to
Subject Merchandise
VI. Recommendation
Notification to Importers
DEPARTMENT OF COMMERCE
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 duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
International Trade Administration
Administrative Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of return/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
Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
ddrumheller on DSK120RN23PROD with NOTICES1
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: Treatment of NVR’s Home
Market Overrun Sales
Comment 2: Whether Commerce Should
Revise NVR’s Reported Sales and Cost
Data to be Based on Theoretical Weight
Order.
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BILLING CODE 3510–DS–P
[C–489–845]
Certain Aluminum Foil From Turkey:
Preliminary Results of Countervailing
Duty Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies were provided to producers
and exporters of certain aluminum foil
(aluminum foil) from the Republic of
Turkey (Turkey) during the period of
review (POR), March 5, 2021, through
December 31, 2021. Interested parties
are invited to comment on these
preliminary results.
DATES: Applicable December 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Adam Simons, AD/CVD Operations,
Office IX, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6172.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
7 See
[FR Doc. 2023–26882 Filed 12–6–23; 8:45 am]
On November 12, 2021, Commerce
published in the Federal Register a
countervailing duty order on aluminum
foil from Turkey.1 On November 1,
2022, Commerce published the notice of
the opportunity to request a review of
the Order.2 On January 3, 2023,
Commerce published the notice of the
initiation of this administrative review
in the Federal Register.3 For a complete
description of the events that followed
the initiation of this review, see the
1 See Certain Aluminum Foil from the Sultanate
of Oman and the Republic of Turkey:
Countervailing Duty Orders, 86 FR 62782
(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 (January 3, 2023).
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Preliminary Decision Memorandum.4 A
list of topics included in the
Preliminary Decision Memorandum is
provided 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 product covered by the Order is
aluminum foil from Turkey. For a
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this
administrative review in accordance
with section 701 of the Tariff Act of
1930, as amended (the Act). For each of
the subsidy programs found
countervailable, Commerce
preliminarily determines that there is a
subsidy, i.e., a financial contribution by
an ‘‘authority’’ that gives rise to a
benefit to the recipient, and that the
subsidy is specific.5
Companies Not Selected for Individual
Examination
The Act and Commerce’s regulations
do not directly address the subsidy rate
to be applied to companies not selected
for individual examination where
Commerce limits its examination in an
administrative review pursuant to
section 777A(e)(2) of the Act. However,
Commerce normally determines the
rates for non-selected companies in
reviews in a manner that is consistent
with section 705(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in an investigation.
Section 777A(e)(2) of the Act provides
that ‘‘the individual countervailable
subsidy rates determined under
subparagraph (A) shall be used to
determine the all-others rate under
section 705(c)(5) {of the Act}.’’ Section
705(c)(5)(A) of the Act states that for
companies not investigated, in general,
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2021 Countervailing
Duty Administrative Review of Certain Aluminum
Foil from Turkey,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
5 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
E:\FR\FM\07DEN1.SGM
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Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices
we will determine an all-others rate by
weight averaging the countervailable
subsidy rates established for each of the
companies individually investigated,
excluding zero and de minimis rates or
any rates based solely on the facts
available.
Accordingly, to determine the rate for
companies not selected for individual
examination, Commerce’s practice is to
weight average the net subsidy rates for
the selected mandatory respondents,
excluding rates that are zero, de
minimis, or based entirely on facts
available.6 We selected ASAS
Aluminyum Sanayi ve Ticaret A.S. for
review as a mandatory respondent and
preliminary determine that it received
countervailable subsidies at a de
minimis rate. Therefore, we
preliminarily determine that the other
selected mandatory respondent, Assan
Aluminyum Sanayi ve Ticaret A.S.
(Assan), is the sole mandatory
respondent which received
countervailable subsidies that are above
de minimis and are not based entirely
on facts available. Therefore, we are
preliminarily applying the net subsidy
rate calculated for Assan to the nonselected companies.
Preliminary Results of Review
Commerce preliminarily determines
the following net countervailable
subsidy rates for the POR:
Company
Subsidy rate
(percent ad
valorem)
ASAS Aluminyum Sanayi ve
Ticaret A.S ........................
Assan Aluminyum Sanayi ve
Ticaret A.S 7 ......................
Ilda Pack Ambalaj .................
John Good Denizcilik Tas.Ve
Panda Aluminyum ................
Seherli Danismanlik A.S .......
0.32
1.15
1.15
1.15
1.15
1.15
Disclosure and Public Comment
ddrumheller on DSK120RN23PROD with NOTICES1
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.8 Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
to Commerce no later than seven days
after the date of the last verification
report issued in this administrative
6 See, e.g., Certain Pasta from Italy: Final Results
of the 13th (2008) Countervailing Duty
Administrative Review, 75 FR 37386, 37387 (June
29, 2010).
7 As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
companies to be cross-owned with Assan: Kibar D(s¸
Ticaret A.S.; Kibar Holding A.S.; and Ispak Esnek
Ambalaj Sanayi A.S.
8 See 19 CFR 351.224(b).
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20:23 Dec 06, 2023
Jkt 262001
review. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than five days after the date for
filing case briefs.9 Interested parties
who submit case briefs or rebuttal briefs
in this proceeding must submit: (1) a
table of contents listing each issue; and
(2) a table of authorities.10 All briefs
must be filed electronically using
ACCESS. An electronically filed
document must be received successfully
in its entirety in ACCESS by 5:00 p.m.
Eastern Time on the established
deadline. As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.’’ 11 Further,
we request that interested parties limit
their executive summary of each issue
to no more than 450 words, not
including citations. We intend to use
the executive summaries as the basis of
the comment summaries included in the
issues and decision memorandum that
will accompany the final results in this
administrative review. We request that
interested parties include footnotes for
relevant citations in the executive
summary of each issue. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).12
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. If a request for a
hearing is made, Commerce will inform
parties of the scheduled date for the
hearing. An electronically filed hearing
request must be received successfully in
its entirety by Commerce’s electronic
records system, ACCESS, by 5:00 p.m.
9 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023).
10 See 19 351.309(c)(2) and (d)(2).
11 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
12 See 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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85229
Eastern Time within 30 days after the
date of publication of this notice.
Assessment Rates
Consistent with section 751(a)(1) of
the Act and 19 CFR 351.212(b)(2), upon
issuance of the final results, Commerce
will determine, and U.S. Customs and
Border Protection (CBP) shall assess,
countervailing duties on all appropriate
entries covered by this review. We
intend to issue instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
In accordance with section
751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash
deposits of estimated countervailing
duties in the amounts shown for each of
the companies listed above with regard
to shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
review. For all non-reviewed firms, CBP
will continue to collect cash deposits of
estimated countervailing duties at the
all-others rate or the most recent
company-specific rate applicable to the
company, as appropriate. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Verification
On April 13, 2023, the Aluminum
Association Trade Enforcement Working
Group and its individual members
requested that Commerce conduct
verification of the factual information
submitted by the respondents in this
administrative review. Accordingly, as
provided in section 782(i)(3) of the Act,
Commerce intends to verify certain of
the information relied upon for its final
results.
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 351.221(b)(4).
E:\FR\FM\07DEN1.SGM
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85230
Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices
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. Period of Review
IV. Scope of the Order
V. Subsidies Valuation
VI. Benchmarks and Interest Rates
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2023–26877 Filed 12–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–093]
Refillable Stainless Steel Kegs From
the People’s Republic of China:
Preliminary Results of the
Antidumping Duty Administrative
Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain producers and/
or exporters made sales of refillable
stainless steel kegs (kegs) at less than
normal value during the period of
review (POR) April 1, 2021, through
March 31, 2022. Interested parties are
invited to comment on the preliminary
results of this review.
DATES: Applicable December 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Aleksandras Nakutis and Jacob Keller,
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) 482–3147
and (202) 482–4849, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
ddrumheller on DSK120RN23PROD with NOTICES1
Background
On December 16, 2019, Commerce
published in the Federal Register the
AD order on kegs from China.1 On
December 1, 2022, Commerce published
a notice of opportunity to request an
administrative review of the Order,
covering the POR, pursuant to section
1 See Refillable Stainless Steel Kegs from the
Federal Republic of Germany and the People’s
Republic of China: Antidumping Duty Orders, 84
FR 68405 (December 16, 2019) (Order).
VerDate Sep<11>2014
20:23 Dec 06, 2023
Jkt 262001
751(a)(1) of the Tariff Act of 1930, as
amended (the Act).2 On February 2,
2023, based on timely requests for
review, Commerce initiated an
administrative review of the Order
covering the POR.3 On March 6, 2023,
Guangzhou Ulix Industrial & Trading
Co., Ltd., (Ulix) and Guangzhou Jingye
Machinery Co., Ltd., (Jingye) each
timely filed a no-shipment certification
(NSC) and a separate rate certification.4
This administrative review covers 41
companies.5
Scope of the Order
The merchandise covered by this
Order are kegs, vessels, or containers
with bodies that are approximately
cylindrical in shape, made from
stainless steel (i.e., steel containing at
least 10.5 percent chromium by weight
and less than 1.2 percent carbon by
weight, with or without other elements),
and that are compatible with a ‘‘D
Sankey’’ extractor (refillable stainless
steel kegs) with a nominal liquid
volume capacity of 10 liters or more,
regardless of the type of finish, gauge,
thickness, or grade of stainless steel, and
whether or not covered by or encased in
other materials. The merchandise
covered by the orders are currently
classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
under subheadings 7310.10.0010,
7310.10.0050, 7310.29.0025, and
7310.29.0050. These HTSUS
subheadings are provided for
convenience and customs purposes; the
written description of the scope of the
orders is dispositive. A full description
of the scope of the Order is provided in
the Preliminary Decision
Memorandum.6
Preliminary Results and Referral to
U.S. Customs and Border Protection
Based on record information,
Commerce preliminarily determine that
all 41 companies subject to this
administrative review are a part of the
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 73752 (December 1,
2022).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
7060 (February 2, 2023) (Initiation Notice).
4 See Ulix’s Letter, ‘‘Separate Rate Certification,’’
dated March 6, 2023; see also Jingye’s Letter, ‘‘No
Sales & Separate Rate Certification,’’ dated March
6, 2023.
5 See Memorandum, ‘‘Respondent Selection,’’
dated September 14, 2022.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review of Refillable Stainless Steel
Kegs from the People’s Republic of China; 2021–
2022,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
PO 00000
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Sfmt 4703
China-wide entity.7 Regarding Jingye
and Ulix’s NSCs, we preliminarily
determine these responses to be
unreliable and that use of facts
otherwise available with an adverse
inference is warranted, pursuant to
sections 776(a)–(b) of the Act, to
determine that Jingye and Ulix have not
substantiated their NSCs. Moreover, for
reasons discussed in the Preliminary
Decision Memorandum, Commerce is
preliminarily treating Jingye and Ulix as
part of the China-wide entity and
Commerce is referring its preliminary
findings to U.S. Customs and Border
Protection (CBP) to investigate evasion
of the Order.
China-Wide Entity
Under Commerce’s policy regarding
the conditional review of the Chinawide entity,8 the China-wide entity will
not be under review unless a party
specifically requests, or Commerce selfinitiates, a review of the entity. Because
no party requested a review of the
China-wide entity in this review, the
entity is not under review, and the
entity’s rate (i.e., 77.13 percent) is not
subject to change.9 Commerce considers
the 41 companies for which a review
was requested (which did not file a
separate rate application or did not
demonstrate separate rate eligibility)
listed in Appendix II to this notice, to
be part of the China-wide entity.10
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Act. For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
I 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
7 See
Appendix II.
Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
9 See Order.
10 See Initiation Notice (‘‘All firms listed below
that wish to qualify for separate rate status in the
administrative reviews involving NME countries
must complete, as appropriate, either a separate rate
application or certification, as described below.’’);
see also Appendix II for the list of companies that
are subject to this administrative review that are
considered to be part of the China-wide entity.
8 See
E:\FR\FM\07DEN1.SGM
07DEN1
]]>Agencies
[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85228-85230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26877]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-845]
Certain Aluminum Foil From Turkey: Preliminary Results of
Countervailing Duty Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies were provided to producers
and exporters of certain aluminum foil (aluminum foil) from the
Republic of Turkey (Turkey) during the period of review (POR), March 5,
2021, through December 31, 2021. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable December 7, 2023.
FOR FURTHER INFORMATION CONTACT: Adam Simons, AD/CVD Operations, Office
IX, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-6172.
SUPPLEMENTARY INFORMATION:
Background
On November 12, 2021, Commerce published in the Federal Register a
countervailing duty order on aluminum foil from Turkey.\1\ On November
1, 2022, Commerce published the notice of the opportunity to request a
review of the Order.\2\ On January 3, 2023, Commerce published the
notice of the initiation of this administrative review in the Federal
Register.\3\ For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics included in the Preliminary Decision Memorandum is
provided 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.
---------------------------------------------------------------------------
\1\ See Certain Aluminum Foil from the Sultanate of Oman and the
Republic of Turkey: Countervailing Duty Orders, 86 FR 62782
(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 (January 3, 2023).
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021 Countervailing Duty Administrative Review of
Certain Aluminum Foil from Turkey,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The product covered by the Order is aluminum foil from Turkey. For
a complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 701 of the Tariff Act of 1930, as amended (the Act). For
each of the subsidy programs found countervailable, Commerce
preliminarily determines that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\5\
---------------------------------------------------------------------------
\5\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Companies Not Selected for Individual Examination
The Act and Commerce's regulations do not directly address the
subsidy rate to be applied to companies not selected for individual
examination where Commerce limits its examination in an administrative
review pursuant to section 777A(e)(2) of the Act. However, Commerce
normally determines the rates for non-selected companies in reviews in
a manner that is consistent with section 705(c)(5) of the Act, which
provides instructions for calculating the all-others rate in an
investigation. Section 777A(e)(2) of the Act provides that ``the
individual countervailable subsidy rates determined under subparagraph
(A) shall be used to determine the all-others rate under section
705(c)(5) {of the Act{time} .'' Section 705(c)(5)(A) of the Act states
that for companies not investigated, in general,
[[Page 85229]]
we will determine an all-others rate by weight averaging the
countervailable subsidy rates established for each of the companies
individually investigated, excluding zero and de minimis rates or any
rates based solely on the facts available.
Accordingly, to determine the rate for companies not selected for
individual examination, Commerce's practice is to weight average the
net subsidy rates for the selected mandatory respondents, excluding
rates that are zero, de minimis, or based entirely on facts
available.\6\ We selected ASAS Aluminyum Sanayi ve Ticaret A.S. for
review as a mandatory respondent and preliminary determine that it
received countervailable subsidies at a de minimis rate. Therefore, we
preliminarily determine that the other selected mandatory respondent,
Assan Aluminyum Sanayi ve Ticaret A.S. (Assan), is the sole mandatory
respondent which received countervailable subsidies that are above de
minimis and are not based entirely on facts available. Therefore, we
are preliminarily applying the net subsidy rate calculated for Assan to
the non-selected companies.
---------------------------------------------------------------------------
\6\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
---------------------------------------------------------------------------
Preliminary Results of Review
Commerce preliminarily determines the following net countervailable
subsidy rates for the POR:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
ASAS Aluminyum Sanayi ve Ticaret A.S.................... 0.32
Assan Aluminyum Sanayi ve Ticaret A.S \7\............... 1.15
Ilda Pack Ambalaj....................................... 1.15
John Good Denizcilik Tas.Ve............................. 1.15
Panda Aluminyum......................................... 1.15
Seherli Danismanlik A.S................................. 1.15
------------------------------------------------------------------------
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.\8\ Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs to Commerce no later than
seven days after the date of the last verification report issued in
this administrative review. Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later than five days after the
date for filing case briefs.\9\ Interested parties who submit case
briefs or rebuttal briefs in this proceeding must submit: (1) a table
of contents listing each issue; and (2) a table of authorities.\10\ All
briefs must be filed electronically using ACCESS. An electronically
filed document must be received successfully in its entirety in ACCESS
by 5:00 p.m. Eastern Time on the established deadline. As provided
under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have
encouraged interested parties to provide an executive summary of their
brief that should be limited to five pages total, including footnotes.
In this review, we instead request that interested parties provide at
the beginning of their briefs a public, executive summary for each
issue raised in their briefs.'' \11\ Further, we request that
interested parties limit their executive summary of each issue to no
more than 450 words, not including citations. We intend to use the
executive summaries as the basis of the comment summaries included in
the issues and decision memorandum that will accompany the final
results in this administrative review. We request that interested
parties include footnotes for relevant citations in the executive
summary of each issue. Note that Commerce has amended certain of its
requirements pertaining to the service of documents in 19 CFR
351.303(f).\12\
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\7\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Assan: Kibar D[inodot][scedil] Ticaret A.S.; Kibar Holding A.S.; and
Ispak Esnek Ambalaj Sanayi A.S.
\8\ See 19 CFR 351.224(b).
\9\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023).
\10\ See 19 351.309(c)(2) and (d)(2).
\11\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\12\ See 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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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. If a request for a hearing
is made, Commerce will inform parties of the scheduled date for the
hearing. An electronically filed hearing request must be received
successfully in its entirety by Commerce's electronic records system,
ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice.
Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review. We intend to issue instructions to CBP no earlier than 35 days
after the date of publication of the final results of this review in
the Federal Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown for each of the companies
listed above with regard to shipments of subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of the final results of this review. For all non-reviewed
firms, CBP will continue to collect cash deposits of estimated
countervailing duties at the all-others rate or the most recent
company-specific rate applicable to the company, as appropriate. These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
Verification
On April 13, 2023, the Aluminum Association Trade Enforcement
Working Group and its individual members requested that Commerce
conduct verification of the factual information submitted by the
respondents in this administrative review. Accordingly, as provided in
section 782(i)(3) of the Act, Commerce intends to verify certain of the
information relied upon for its final results.
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
351.221(b)(4).
[[Page 85230]]
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. Period of Review
IV. Scope of the Order
V. Subsidies Valuation
VI. Benchmarks and Interest Rates
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2023-26877 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P
