Common Alloy Aluminum Sheet From the Republic of Türkiye: Preliminary Results of the Countervailing Duty Administrative Review; 2022, 36754-36756 [2024-09619]
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36754
Federal Register / Vol. 89, No. 87 / Friday, May 3, 2024 / Notices
IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2769.
DEPARTMENT OF COMMERCE
SUPPLEMENTARY INFORMATION:
Common Alloy Aluminum Sheet From
the Republic of Tu¨rkiye: Preliminary
Results of the Countervailing Duty
Administrative Review; 2022
Background
On March 18, 2024, Commerce
published in the Federal Register its
final determination in the LTFV
investigation of paper bags from
Tu¨rkiye.1 In that notice, Commerce
incorrectly listed Umur Basim in the
rate table with other companies to
which Commerce applied total adverse
facts available (AFA) because of their
failure to timely respond to Commerce’s
quantity and value (Q&V) questionnaire.
However, Umur Basim timely
responded to Commerce’s Q&V
questionnaire. Therefore, Commerce
should not have listed Umur Basim in
the rate table as one of the companies
with an AFA rate of 47.56 percent.
Rather, Umur Basim is part of the group
of all other producers and exporters that
were not individually examined, and
that are required to post a cash deposit
for estimated antidumping duties at a
rate of 26.32 percent.
Commerce will amend its cash
deposit instructions to U.S. Customs
and Border Protection consistent with
the above correction. Specifically,
Commerce will amend the cash deposit
rate for Umur Basim to the all-others
rate of 26.32 percent effective as of
March 18, 2024, the date of publication
of the Final Determination in the
Federal Register.2
Correction
In the Federal Register of March 18,
2024, in FR Doc 2024–05675, on page
19296, in the first column remove the
name Umur Basim from the rate table.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 735(d) and
777(i)(l) of the Tariff Act of 1930, as
amended, and 19 CFR 351.210(c) and 19
CFR 351.224(e).
lotter on DSK11XQN23PROD with NOTICES1
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2024–09620 Filed 5–2–24; 8:45 am]
BILLING CODE 3510–DS–P
1 See Certain Paper Shopping Bags from the
Republic of Turkey: Final Affirmative
Determination of Sales at Less Than Fair Value, 89
FR 19295 (March 18, 2024) (Final Determination).
2 See Final Determination, 89 FR at 19295.
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18:11 May 02, 2024
Jkt 262001
International Trade Administration
[C–489–840]
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/or exporters of common alloy
aluminum sheet (CAAS) from the
Republic of Tu¨rkiye (Tu¨rkiye), during
the period of review (POR) January 1,
2022, through December 31, 2022.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable May 3, 2024.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3148.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 12, 2023, Commerce initiated
this administrative review of the
countervailing duty order on CAAS
from Tu¨rkiye.1 The mandatory company
respondents are Assan Aluminyum
Sanayi ve Ticaret A.S., Kibar Americas,
Inc., and Kibar D(s¸ Ticaret A.S.
(collectively, Assan) and Teknik
Aluminyum Sanayi A.S. (Teknik). On
December 12, 2023, Commerce extended
the deadline for these preliminary
results to April 26, 2024.2
For a complete description of the
events that followed the initiation of the
review, see the Preliminary Decision
Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as an
appendix to this notice. The Preliminary
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
38021 (June 12, 2023); see also See Common Alloy
Aluminum Sheet from Bahrain, India, and the
Republic of Turkey: Countervailing Duty Orders, 86
FR 22144 (April 27, 2021) (Order).
2 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Review,’’ dated December
12, 2023.
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review of Common Alloy
Aluminum Sheet from Tu¨rkiye; 2022,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic 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 CAAS from Tu¨rkiye. For a
complete description of the scope of this
Order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each of the subsidy programs
preliminarily found to be
countervailable, Commerce
preliminarily determines that there is a
subsidy, i.e., a financial contribution
from an authority that gives rise to a
benefit to the recipient and that the
subsidy is specific.4 For a full
description of the methodology
underlying Commerce’s preliminary
conclusions, see the Preliminary
Decision Memorandum.
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,
we will determine an all-others rate by
weight averaging the countervailable
subsidy rates established for each of the
companies individually investigated,
4 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\03MYN1.SGM
03MYN1
Federal Register / Vol. 89, No. 87 / Friday, May 3, 2024 / Notices
Secretary for Enforcement and
Compliance.8 Commerce will notify
interested parties of the deadline for
submission of case briefs. 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
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
public executive summary of each issue
to no more than 450 words, not
including citations. We intend to use
the public executive summaries as the
basis of the comment summaries
Preliminary Results of Review
included in the issues and decision
memorandum that will accompany the
Commerce preliminarily determines
final determination in this investigation.
the following net countervailable
We request that interested parties
subsidy rates exist for the period
include footnotes for relevant citations
January 1, 2022, through December 31,
in the public executive summary of each
2022:
issue. Note that Commerce has amended
certain of its requirements pertaining to
Subsidy rate
Company
(percent
the service of documents in 19 CFR
ad valorem)
351.303(f).12
Pursuant to 19 CFR 351.310(c),
Assan Aluminyum Sanayi
interested
parties who wish to request a
ve Ticaret A.S.7 ...........
1.08
hearing, limited to issues raised in the
Teknik Aluminyum
Sanayi A.S ..................
0.19 (de minimis) case and rebuttal briefs, must submit a
written request to the Assistant
Companies Not Selected
Secretary for Enforcement and
for Individual Examination ..............................
1.08 Compliance, U.S. Department of
Commerce, filed electronically, using
ACCESS. Hearing requests should
Disclosure and Public Comment
contain the party’s name, address, and
Commerce intends to disclose its
telephone number, the number of
calculations performed to interested
participants, and a list of the issues to
parties for these preliminary results
be discussed. Issues raised in the
within five days of any public
hearing will be limited to those raised
announcement or, if there is no public
in the case and rebuttal briefs. An
announcement, within five days of the
electronically filed request must be
date of publication of this notice in the
received successfully in its entirety by
Federal Register in accordance with 19
ACCESS by 5:00 p.m. Eastern Time,
CFR 351.224(b).
Case briefs or other written comments
8 See 19 CFR 351.309(c)(1)(ii); see also 19 CFR
may be submitted to the Assistant
351.303 for general filing requirements.
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.5 We preliminarily determine
that Assan received countervailable
subsidies that are above de minimis and
are not based entirely on facts available
and that Teknik received
countervailable subsidies that are below
de minimis. Therefore, we preliminarily
determine to apply the net subsidy rate
calculated for Assan to the non-selected
companies.6 The companies for which a
review was requested, and which were
not selected for individual examination
as mandatory respondents or found to
be cross-owned with a mandatory
respondent, are: ASAS Aluminyum
Sanayi ve Ticaret A.S.; Assan; P.M.S.
Metal Profil Aluminum Sanayi Ve
Ticaret A.S.; and Teknik.
lotter on DSK11XQN23PROD with NOTICES1
5 See,
e.g., Certain Pasta from Italy: Final Results
of the 13th (2008) Countervailing Duty
Administrative Review, 75 FR 37386, 37387 (June
29, 2010).
6 See Memorandum, ‘‘Calculation of Subsidy Rate
for Non-Selected Companies Under Review,’’ dated
concurrently with this memorandum.
7 This rate is applicable to Assan and its crossowned companies Kibar Americas, Inc., and Kibar
D(s¸ Ticaret A.S.
VerDate Sep<11>2014
18:11 May 02, 2024
Jkt 262001
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) (APO and
Service Procedures).
10 See 19 CFR 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 APO and Service Procedures.
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36755
within 30 days of the publication date
of this notice. If a request for a hearing
is made, parties will be notified of the
time and date of the hearing.13
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2),
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised by the parties in any
written briefs, no later than 120 days
after the date of publication of these
preliminary results.
Assessment Rates
In accordance with 19 CFR
351.221(b)(4)(i), Commerce
preliminarily assigned a subsidy rate in
the amount for the producer/exporter
shown above. Upon completion of the
administrative review, consistent with
section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), Commerce shall
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
countervailing duties on all appropriate
entries covered by 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 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 upon publication of the final
results, to instruct CBP to collect cash
deposits of the estimated countervailing
duties in the amounts calculated in the
final results of this review for the
respective 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. If the rate
calculated in the final results is zero or
de minimis, no cash deposit will be
required on shipments of the subject
merchandise entered or withdrawn from
warehouse, for consumption on or after
the date of publication of the final
results of this review.
For all non-reviewed firms, CBP will
continue to collect cash deposits of
estimated countervailing duties at the
13 See
E:\FR\FM\03MYN1.SGM
19 CFR 351.310(d).
03MYN1
36756
Federal Register / Vol. 89, No. 87 / Friday, May 3, 2024 / Notices
all-others rate (i.e., 3.45 percent).14
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Interested Parties
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.213(h)(2) and
351.221(b)(4).
Dated: April 26, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rate for Non-Selected Companies
V. Subsidies Valuation Information
VI. Benchmarks and Interest Rates
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024–09619 Filed 5–2–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Announcement of Approved
International Trade Administration
Trade Mission
International Trade
Administration, Department of
Commerce.
SUMMARY: The United States Department
of Commerce, International Trade
Administration (ITA), is announcing
one upcoming trade mission that will be
recruited, organized, and implemented
by ITA. This mission is: Sub-Saharan
Africa Rail and Port Trade Mission to
South Africa and Angola—August 19–
24, 2024. A summary of the mission is
found below. Application information
and more detailed mission information,
including the commercial setting and
sector information, can be found at the
trade mission website: https://
www.trade.gov/trade-missions. For this
mission, recruitment will be conducted
in an open and public manner,
including publication in the Federal
Register, posting on the Commerce
Department trade mission calendar
(https://www.trade.gov/trade-missionsschedule) and other internet websites,
press releases to general and trade
media, direct mail, broadcast fax,
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
14 See
Order, 86 FR at 22145.
VerDate Sep<11>2014
18:11 May 02, 2024
Jkt 262001
notices by industry trade associations
and other multiplier groups, and
publicity at industry meetings,
symposia, conferences, and trade shows.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Odum, Trade Events Task Force,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone (202) 482–6397 or
email Jeffrey.Odum@trade.gov.
SUPPLEMENTARY INFORMATION:
The Following Conditions for
Participation Will Be Used for the
Mission
Applicants must submit a completed
and signed mission application and
supplemental application materials,
including adequate information on their
products and/or services, primary
market objectives, and goals for
participation that is adequate to allow
the Department of Commerce to
evaluate their application. If the
Department of Commerce receives an
incomplete application, the Department
may either: reject the application,
request additional information/
clarification, or take the lack of
information into account when
evaluating the application. If the
requisite minimum number of
participants is not selected for a
particular mission by the recruitment
deadline, the mission may be canceled.
Each applicant must also certify that
the products and services it seeks to
export through the mission are either
produced in the United States, or, if not,
are marketed under the name of a U.S.
firm and have at least fifty-one percent
U.S. content by value. In the case of a
trade association or organization, the
applicant must certify that, for each firm
or service provider to be represented by
the association/organization, the
products and/or services the
represented firm or service provider
seeks to export are either produced in
the United States or, if not, marketed
under the name of a U.S. firm and have
at least 51% U.S. content by value.
A trade association/organization
applicant must certify to the above for
all of the companies it seeks to represent
on the mission.
In addition, each applicant must:
• Certify that the products and
services that it wishes to market through
the mission would be in compliance
with U.S. export controls and
regulations;
• Certify that it has identified any
matter pending before any bureau or
office in the Department of Commerce;
• Certify that it has identified any
pending litigation (including any
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administrative proceedings) to which it
is a party that involves the Department
of Commerce; and
• Sign and submit an agreement that
it and its affiliates (1) have not and will
not engage in the bribery of foreign
officials in connection with a
company’s/participant’s involvement in
this mission, and (2) maintain and
enforce a policy that prohibits the
bribery of foreign officials.
In the case of a trade association/
organization, the applicant must certify
that each firm or service provider to be
represented by the association/
organization can make the above
certifications.
The Following Selection Criteria Will
Be Used for the Mission
Targeted mission participants are U.S.
firms, services providers, and trade
associations/organizations providing or
promoting U.S. products and services
that have an interest in entering or
expanding their business in the
mission’s destination country. The
following criteria will be evaluated in
selecting participants:
• Suitability of the applicant’s (or in
the case of a trade association/
organization, represented firm’s or
service provider’s) products or services
to these markets;
• The applicant’s (or in the case of a
trade association/organization,
represented firm’s or service provider’s)
potential for business in the markets,
including the likelihood of exports
resulting from the mission; and
• Consistency of the applicant’s (or in
the case of a trade association/
organization, represented firm’s or
service provider’s) goals and objectives
with the stated scope of the mission.
Balance of company size and location
may also be considered during the
review process. Referrals from a
political party or partisan political
group or any information, including on
the application, containing references to
political contributions or other partisan
political activities will be excluded from
the application and will not be
considered during the selection process.
The sender will be notified of these
exclusions.
Definition of Small- and Medium-Sized
Enterprise
For purposes of assessing
participation fees, an applicant is a
small or medium-sized enterprise (SME)
if it qualifies as a ‘‘small business’’
under the Small Business
Administration’s (SBA) size standards
(https://www.sba.gov/document/
support--table-size-standards), which
vary by North American Industry
E:\FR\FM\03MYN1.SGM
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Agencies
[Federal Register Volume 89, Number 87 (Friday, May 3, 2024)]
[Notices]
[Pages 36754-36756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09619]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-840]
Common Alloy Aluminum Sheet From the Republic of T[uuml]rkiye:
Preliminary Results of the Countervailing Duty Administrative Review;
2022
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/or exporters of common alloy aluminum sheet (CAAS) from the
Republic of T[uuml]rkiye (T[uuml]rkiye), during the period of review
(POR) January 1, 2022, through December 31, 2022. Interested parties
are invited to comment on these preliminary results.
DATES: Applicable May 3, 2024.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3148.
SUPPLEMENTARY INFORMATION:
Background
On June 12, 2023, Commerce initiated this administrative review of
the countervailing duty order on CAAS from T[uuml]rkiye.\1\ The
mandatory company respondents are Assan Aluminyum Sanayi ve Ticaret
A.S., Kibar Americas, Inc., and Kibar D[inodot][scedil] Ticaret A.S.
(collectively, Assan) and Teknik Aluminyum Sanayi A.S. (Teknik). On
December 12, 2023, Commerce extended the deadline for these preliminary
results to April 26, 2024.\2\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 38021 (June 12, 2023); see also See
Common Alloy Aluminum Sheet from Bahrain, India, and the Republic of
Turkey: Countervailing Duty Orders, 86 FR 22144 (April 27, 2021)
(Order).
\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Review,'' dated December 12, 2023.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of the review, see the Preliminary Decision Memorandum.\3\ A
list of topics discussed in the Preliminary Decision Memorandum is
included as an 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 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.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review of Common
Alloy Aluminum Sheet from T[uuml]rkiye; 2022,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is CAAS from T[uuml]rkiye. For
a complete description of the scope of this Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs preliminarily found to be
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution from an authority that gives
rise to a benefit to the recipient and that the subsidy is specific.\4\
For a full description of the methodology underlying Commerce's
preliminary conclusions, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\4\ 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, we will determine an
all-others rate by weight averaging the countervailable subsidy rates
established for each of the companies individually investigated,
[[Page 36755]]
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.\5\ We preliminarily determine that Assan received
countervailable subsidies that are above de minimis and are not based
entirely on facts available and that Teknik received countervailable
subsidies that are below de minimis. Therefore, we preliminarily
determine to apply the net subsidy rate calculated for Assan to the
non-selected companies.\6\ The companies for which a review was
requested, and which were not selected for individual examination as
mandatory respondents or found to be cross-owned with a mandatory
respondent, are: ASAS Aluminyum Sanayi ve Ticaret A.S.; Assan; P.M.S.
Metal Profil Aluminum Sanayi Ve Ticaret A.S.; and Teknik.
---------------------------------------------------------------------------
\5\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
\6\ See Memorandum, ``Calculation of Subsidy Rate for Non-
Selected Companies Under Review,'' dated concurrently with this
memorandum.
---------------------------------------------------------------------------
Preliminary Results of Review
Commerce preliminarily determines the following net countervailable
subsidy rates exist for the period January 1, 2022, through December
31, 2022:
---------------------------------------------------------------------------
\7\ This rate is applicable to Assan and its cross-owned
companies Kibar Americas, Inc., and Kibar D[inodot][scedil] Ticaret
A.S.
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Assan Aluminyum Sanayi ve Ticaret A.S.\7\............ 1.08
Teknik Aluminyum Sanayi A.S.......................... 0.19 (de minimis)
Companies Not Selected for Individual Examination.... 1.08
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose its calculations performed to
interested parties for these preliminary results within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of this notice in the Federal
Register in accordance with 19 CFR 351.224(b).
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance.\8\ Commerce will
notify interested parties of the deadline for submission of case
briefs. 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\
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\8\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 for
general filing requirements.
\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) (APO and Service Procedures).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
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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 public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final determination in this investigation. We
request that interested parties include footnotes for relevant
citations in the public 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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\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 APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, filed
electronically, using ACCESS. Hearing requests should contain the
party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. Issues raised
in the hearing will be limited to those raised in the case and rebuttal
briefs. An electronically filed request must be received successfully
in its entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days of
the publication date of this notice. If a request for a hearing is
made, parties will be notified of the time and date of the hearing.\13\
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\13\ See 19 CFR 351.310(d).
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised by the parties in any written briefs, no
later than 120 days after the date of publication of these preliminary
results.
Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), Commerce preliminarily
assigned a subsidy rate in the amount for the producer/exporter shown
above. Upon completion of the administrative review, consistent with
section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by 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 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 upon publication of the final results, to instruct CBP to
collect cash deposits of the estimated countervailing duties in the
amounts calculated in the final results of this review for the
respective 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. If
the rate calculated in the final results is zero or de minimis, no cash
deposit will be required on shipments of the subject merchandise
entered or withdrawn from warehouse, for consumption on or after the
date of publication of the final results of this review.
For all non-reviewed firms, CBP will continue to collect cash
deposits of estimated countervailing duties at the
[[Page 36756]]
all-others rate (i.e., 3.45 percent).\14\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\14\ See Order, 86 FR at 22145.
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Notification to Interested Parties
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213(h)(2) and 351.221(b)(4).
Dated: April 26, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rate for Non-Selected Companies
V. Subsidies Valuation Information
VI. Benchmarks and Interest Rates
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024-09619 Filed 5-2-24; 8:45 am]
BILLING CODE 3510-DS-P