Common Alloy Aluminum Sheet From Türkiye: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023, 36759-36761 [2024-09621]
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Federal Register / Vol. 89, No. 87 / Friday, May 3, 2024 / Notices
John Tracy, Senior International Trade
Specialist, U.S. Commercial Service
Syracuse, John.Tracy@trade.gov
Gemal Brangman,
Director, ITA Events Management Task Force.
[FR Doc. 2024–09715 Filed 5–2–24; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–839]
Common Alloy Aluminum Sheet From
Tu¨rkiye: Preliminary Results of
Antidumping Duty Administrative
Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that common alloy
aluminum sheet (CAAS) from the
Republic of Tu¨rkiye (Tu¨rkiye) was sold
in the United States at less than normal
value during the period of review (POR)
April 1, 2022, through March 31, 2023.
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:
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Background
On April 27, 2021, Commerce
published the antidumping duty order
on common alloy aluminum sheet from
Tu¨rkiye.1 On June 12, 2023, in
accordance with 19 CFR 351.221(c)(i),
Commerce initiated an administrative
review of the Order, covering eight
producers/exporters: Aluminyum
Sanayi ve Ticaret A.S.; Assan
Aluminyum Sanayi ve Ticaret A.S.
(Assan); Kibar Americas, Inc.; Kibar Dis
Ticaret A.S.; Panda Aluminyum A.S.;
PMS Metal Profil Aluminyum Sanayi ve
Ticaret A.S.; TAC Metal Ticaret Anonim
Sirketi; and Teknik Aluminyum Sanayi
A.S. (Teknik).2
1 See Common Alloy Aluminum Sheet from
Bahrain, Brazil, Croatia, Egypt, Germany, India,
Indonesia, Italy, Oman, Romania, Serbia, Slovenia,
Southern Africa, Spain, Taiwan and the Republic
of Turkey: Antidumping Duty Orders, 86 FR 22139
(April 27, 2021) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Review, 88 FR
38021 (June 12, 2023).
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18:11 May 02, 2024
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Pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act),
on December 11, 2023, Commerce
determined that it was not practicable to
complete the preliminary results of this
review within 245 days and extended
the deadline for the preliminary results
of this review until April 26, 2024.3
For a detailed description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.4 A list of topics
discussed in the Preliminary Decision
Memorandum is attached as an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is available via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order
The merchandise subject to the Order
is CAAS from Tu¨rkiye. Products subject
to the Order are currently classified
under the Harmonized Tariff Schedule
of the United States (HTSUS)
subheadings 7606.11.3060,
7606.11.6000, 7606.12.3096,
7606.12.6000, 7606.91.3095,
7606.91.6095, 7606.92.3035, and
7606.92.6095. Further, merchandise that
falls within the scope of the Order may
also be entered into the United States
under HTSUS subheadings
7606.11.3030, 7606.12.3015,
7606.12.3025, 7606.12.3035,
7606.12.3091, 7606.91.3055,
7606.91.6055, 7606.92.3025,
7606.92.6055, 7607.11.9090. Although
the HTSUS subheadings are provided
for convenience and customs purposes,
the written description of the
merchandise subject to this scope is
dispositive. For a complete description
of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. We calculated constructed export
price in accordance with section 772 of
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated December 11, 2023.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review: Common Alloy Aluminum
Sheet from Tu¨rkiye; 2022–2023,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
PO 00000
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36759
the Act and normal value in accordance
with section 773 of the Act. For a full
description of the methodology
underlying these preliminary results,
see the Preliminary Decision
Memorandum.
Preliminary Results of the Review
We preliminarily determine the
following weighted-average dumping
margins for the period April 1, 2022,
through March 31, 2023:
Exporter or producer
Assan Aluminyum Sanayi ve
Ticaret A.S ........................
Teknik Aluminyum Sanayi
A.S ....................................
Non-Selected Companies .....
Weightaverage
dumping
margin
(percent)
1.49
2.59
2.04
Rate for Companies Not Individually
Examined
Generally, when calculating margins
for non-selected respondents,
Commerce looks to section 735(c)(5) of
the Act for guidance, which provides
instructions for calculating the allothers rate in an investigation. Section
735(c)(5)(A) of the Act provides that
when calculating the all-others rate,
Commerce will exclude any zero and de
minimis weighted-average dumping
margins, as well as any weightedaverage dumping margins based on total
facts available. Accordingly,
Commerce’s usual practice has been to
average the margins for selected
respondents, excluding margins that are
zero, de minimis, or based entirely on
facts available. In this review, we
calculated a weighted-average dumping
margin of 1.49 percent for Assan and
2.59 percent for Teknik. In accordance
with section 735(c)(5)(A) of the Act,
Commerce has assigned the average of
these two calculated weighted-average
dumping margins, 2.04 percent, to the
non-selected companies in these
preliminary results.
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed for these
preliminary results of review to
interested parties within five days of the
date of publication of this notice in
accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of this notice.5
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
than seven days after the date for filing
5 See
E:\FR\FM\03MYN1.SGM
19 CFR 351.309(c)(1)(ii).
03MYN1
36760
Federal Register / Vol. 89, No. 87 / Friday, May 3, 2024 / Notices
lotter on DSK11XQN23PROD with NOTICES1
case briefs.6 Interested parties who
submit case briefs or rebuttal briefs in
this proceeding are encouraged to
submit with each argument: (1) a
statement of the issue; and (2) a table of
authorities.7
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.8 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).9
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. An electronically filed hearing
request must be received successfully in
its entirety by ACCESS by 5:00 p.m.
Eastern Time within 30 days after the
date of publication of this notice.
Requests should contain: (1) the party’s
name, address, and telephone number;
(2) the number of participants; (3)
whether any participant is a foreign
national; and (4) a list of issues the party
intends to discuss. Issues raised in the
hearing will be limited to those raised
in the respective case and rebuttal
briefs. If a request for a hearing is made,
Commerce intends to hold the hearing
at a date and time to be determined.10
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
6 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 Final Rule).
7 See 19 CFR 351.309(c)(2) and (d)(2).
8 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
9 See APO and Service Final Rule.
10 See 19 CFR 351.310(c).
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18:11 May 02, 2024
Jkt 262001
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1),
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. Commerce
intends to issue assessment instructions
to CBP no earlier than 35 days after the
date of publication of the final results of
this administrative review in the
Federal Register. If a timely summons is
filed at the U.S. Court of International
Trade, the assessment instructions will
direct CBP not to liquidate relevant
entries until the time for parties to file
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).
If Assan’s or Teknik’s weightedaverage dumping margin is not zero or
de minimis (i.e., less than 0.50 percent)
in the final results of this review,
Commerce intends to calculate
importer-specific assessment rates on
the basis of the ratio of the total amount
of dumping calculated for each
importer’s examined sales to the total
entered value of those sales. Where we
do not have entered values for all U.S.
sales to a particular importer, we will
calculate an importer-specific, per-unit
assessment rate on the basis of the ratio
of the total amount of dumping
calculated for the importer’s examined
sales to the total quantity of those
sales.11 To determine whether an
importer-specific, per-unit assessment
rate is de minimis, in accordance with
19 CFR 351.106(c)(2), we also will
calculate an importer-specific ad
valorem ratio based on estimated
entered values. If either Assan’s or
Teknik’s weighted-average dumping
margin is zero or de minimis or where
an importer-specific ad valorem
assessment rate is zero or de minimis,
we will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.12
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by Assan or Teknik
for which they did not know that the
11 See
19 CFR 351.212(b)(1).
19 CFR 352.106(c)(2); see also
Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012).
merchandise was destined for the
United States, we intend to instruct CBP
to liquidate those entries at the allothers rate in the original less-than-fairvalue (LTFV) investigation (i.e., 4.85
percent) if there is no rate for the
intermediate company(ies) involved in
the transaction.13
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review, as provided for
by section 751(a)(2)(C) of the Act: (1) the
company-specific cash deposit rate for
Assan and Teknik will be equal to the
weighted-average dumping margin
established in the final results of this
review for each respondent (except, if
that rate is de minimis, then the cash
deposit rate will be zero); (2) for
producers or exporters not covered in
this review but covered in a prior
segment of the proceeding, the cash
deposit rate will continue to be the
company-specific rate published for the
most recently-completed segment of this
proceeding in which they were
reviewed; (3) if the exporter is not a firm
covered in this review or a prior
segment of the proceeding but the
producer is, then the cash deposit rate
will be the rate established for the most
recently completed segment of this
proceeding for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 4.85 percent, the allothers rate established in the less-thanfair-value investigation.14 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 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 double antidumping duties.
12 See
PO 00000
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Fmt 4703
Sfmt 4703
13 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
14 See Order, 85 FR at 17866.
E:\FR\FM\03MYN1.SGM
03MYN1
Federal Register / Vol. 89, No. 87 / Friday, May 3, 2024 / Notices
Notification to Interested Parties
Kit
Dahl, Staff Officer, Pacific Council;
telephone: (503) 820–2422.
SUPPLEMENTARY INFORMATION: The
purpose of this EAS online meeting is
to develop recommendations on Pacific
Council operations and priorities, which
the Pacific Council will discuss at its
June 7–13, 2024, meeting. The EAS may
also discuss recommendations for other
items on the Pacific Council’s June
meeting agenda relevant to ecosystem
management and the business of the
EAS.
Although non-emergency issues not
contained in the meeting agenda may be
discussed, those issues may not be the
subject of formal action during this
meeting. Action will be restricted to
those issues specifically listed in this
document and any issues arising after
publication of this document that
require emergency action under section
305(c) of the Magnuson-Stevens Fishery
Conservation and Management Act,
provided the public has been notified of
the intent to take final action to address
the emergency.
FOR FURTHER INFORMATION CONTACT:
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i) of the Act,
and 19 CFR 351.213(h) 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. Affiliation
V. Companies Not Selected for Individual
Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2024–09621 Filed 5–2–24; 8:45 am]
BILLING CODE 3510–DS–P
Special Accommodations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD925]
Pacific Fishery Management Council;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The Pacific Fishery
Management Council’s (Pacific Council)
Ecosystem Advisory Subpanel (EAS) is
holding an online meeting, which is
open to the public.
DATES: The online meeting will be held
Tuesday, May 21, 2024, from 12 p.m. to
2 p.m. or until business for the day is
completed.
ADDRESSES: This meeting will be held
online. Specific meeting information,
including directions on how to join the
meeting and system requirements will
be provided in the meeting
announcement on the Pacific Council’s
website (see www.pcouncil.org). You
may send an email to Mr. Kris
Kleinschmidt (kris.kleinschmidt@
noaa.gov) or contact him at (503) 820–
2412 for technical assistance.
Council address: Pacific Fishery
Management Council, 7700 NE
Ambassador Place, Suite 101, Portland,
OR 97220–1384.
Requests for sign language
interpretation or other auxiliary aids
should be directed to Mr. Kris
Kleinschmidt (kris.kleinschmidt@
noaa.gov; (503) 820–2412) at least 10
days prior to the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 29, 2024.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2024–09625 Filed 5–2–24; 8:45 am]
BILLING CODE 3510–22–P
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SUMMARY:
VerDate Sep<11>2014
18:11 May 02, 2024
Jkt 262001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD928]
Marine Mammals; File No. 27597
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
Notice is hereby given that
the NOAA Alaska Fisheries Science
Center’s Marine Mammal Laboratory
(MML), 7600 Sand Point Way NE,
Seattle, WA 98115 (Responsible Party:
John Bengston, Ph.D.) has applied in
due form for a permit to conduct
research on Steller sea lions
(Eumetopias jubatus).
SUMMARY:
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36761
Written comments must be
received on or before June 3, 2024.
ADDRESSES: The application and related
documents are available for review by
selecting ‘‘Records Open for Public
Comment’’ from the ‘‘Features’’ box on
the Applications and Permits for
Protected Species home page, https://
apps.nmfs.noaa.gov, and then selecting
the File No. 27597 from the list of
available applications. These documents
are also available upon written request
via email to NMFS.Pr1Comments@
noaa.gov.
Written comments on this application
should be submitted via email to
NMFS.Pr1Comments@noaa.gov. Please
include the File No. in the subject line
of the email comment.
Those individuals requesting a public
hearing should submit a written request
via email to NMFS.Pr1Comments@
noaa.gov. The request should set forth
the specific reasons why a hearing on
this application would be appropriate.
FOR FURTHER INFORMATION CONTACT: Sara
Young or Courtney Smith, Ph.D., at
(301) 427–8401.
SUPPLEMENTARY INFORMATION: The
subject permits are requested under the
authority of the Marine Mammal
Protection Act of 1972, as amended
(MMPA; 16 U.S.C. 1361 et seq.) and the
regulations governing the taking and
importing of marine mammals (50 CFR
part 216).
MML proposes to conduct research to
measure population status, vital rates,
foraging ecology, habitat requirements,
and effects of natural and anthropogenic
factors impacting the eastern distinct
population segment (eDPS) of Steller sea
lion populations pursuant to fulfilling
the NMFS legal requirements under the
MMPA, and to test hypotheses of
mechanisms underlying population
trends. Proposed activities include
surveys (aerial, vessel, and land)
including use of unmanned aircraft
systems (UAS), capture and handling,
marking, hot branding, sampling
(including but not limited to blood,
blubber, swabs of all mucus membranes
and lesions, skin samples, vibrissae, and
hair), tagging, and unintentional
disturbance. Animals may be disturbed
by surveys, captured, sampled and
released for vital rates, foraging ecology
and/or health studies multiple times per
year. MML requests four unintentional
mortalities from the eDPS of Steller sea
lions annually, not to exceed eight over
the duration of the permit. Non-target
species that may be disturbed
unintentionally during these studies
include northern elephant seals
(Mirounga angustirostris), harbor seals
(Phoca vitulina), and California sea
DATES:
E:\FR\FM\03MYN1.SGM
03MYN1
]]>Agencies
[Federal Register Volume 89, Number 87 (Friday, May 3, 2024)]
[Notices]
[Pages 36759-36761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09621]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-839]
Common Alloy Aluminum Sheet From T[uuml]rkiye: Preliminary
Results of Antidumping Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that common alloy aluminum sheet (CAAS) from the Republic of
T[uuml]rkiye (T[uuml]rkiye) was sold in the United States at less than
normal value during the period of review (POR) April 1, 2022, through
March 31, 2023. 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 April 27, 2021, Commerce published the antidumping duty order on
common alloy aluminum sheet from T[uuml]rkiye.\1\ On June 12, 2023, in
accordance with 19 CFR 351.221(c)(i), Commerce initiated an
administrative review of the Order, covering eight producers/exporters:
Aluminyum Sanayi ve Ticaret A.S.; Assan Aluminyum Sanayi ve Ticaret
A.S. (Assan); Kibar Americas, Inc.; Kibar Dis Ticaret A.S.; Panda
Aluminyum A.S.; PMS Metal Profil Aluminyum Sanayi ve Ticaret A.S.; TAC
Metal Ticaret Anonim Sirketi; and Teknik Aluminyum Sanayi A.S.
(Teknik).\2\
---------------------------------------------------------------------------
\1\ See Common Alloy Aluminum Sheet from Bahrain, Brazil,
Croatia, Egypt, Germany, India, Indonesia, Italy, Oman, Romania,
Serbia, Slovenia, Southern Africa, Spain, Taiwan and the Republic of
Turkey: Antidumping Duty Orders, 86 FR 22139 (April 27, 2021)
(Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Review, 88 FR 38021 (June 12, 2023).
---------------------------------------------------------------------------
Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), on December 11, 2023, Commerce determined that it
was not practicable to complete the preliminary results of this review
within 245 days and extended the deadline for the preliminary results
of this review until April 26, 2024.\3\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated December
11, 2023.
---------------------------------------------------------------------------
For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics discussed in the Preliminary Decision Memorandum is
attached as an appendix to this notice. The Preliminary Decision
Memorandum is a public document and is available via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review: Common Alloy
Aluminum Sheet from T[uuml]rkiye; 2022-2023,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order is CAAS from T[uuml]rkiye.
Products subject to the Order are currently classified under the
Harmonized Tariff Schedule of the United States (HTSUS) subheadings
7606.11.3060, 7606.11.6000, 7606.12.3096, 7606.12.6000, 7606.91.3095,
7606.91.6095, 7606.92.3035, and 7606.92.6095. Further, merchandise that
falls within the scope of the Order may also be entered into the United
States under HTSUS subheadings 7606.11.3030, 7606.12.3015,
7606.12.3025, 7606.12.3035, 7606.12.3091, 7606.91.3055, 7606.91.6055,
7606.92.3025, 7606.92.6055, 7607.11.9090. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the merchandise subject to this scope is
dispositive. For a complete description of the scope of the Order, see
the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. We calculated constructed export price in accordance
with section 772 of the Act and normal value in accordance with section
773 of the Act. For a full description of the methodology underlying
these preliminary results, see the Preliminary Decision Memorandum.
Preliminary Results of the Review
We preliminarily determine the following weighted-average dumping
margins for the period April 1, 2022, through March 31, 2023:
------------------------------------------------------------------------
Weight-
average
Exporter or producer dumping margin
(percent)
------------------------------------------------------------------------
Assan Aluminyum Sanayi ve Ticaret A.S................... 1.49
Teknik Aluminyum Sanayi A.S............................. 2.59
Non-Selected Companies.................................. 2.04
------------------------------------------------------------------------
Rate for Companies Not Individually Examined
Generally, when calculating margins for non-selected respondents,
Commerce looks to section 735(c)(5) of the Act for guidance, which
provides instructions for calculating the all-others rate in an
investigation. Section 735(c)(5)(A) of the Act provides that when
calculating the all-others rate, Commerce will exclude any zero and de
minimis weighted-average dumping margins, as well as any weighted-
average dumping margins based on total facts available. Accordingly,
Commerce's usual practice has been to average the margins for selected
respondents, excluding margins that are zero, de minimis, or based
entirely on facts available. In this review, we calculated a weighted-
average dumping margin of 1.49 percent for Assan and 2.59 percent for
Teknik. In accordance with section 735(c)(5)(A) of the Act, Commerce
has assigned the average of these two calculated weighted-average
dumping margins, 2.04 percent, to the non-selected companies in these
preliminary results.
Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results of review to interested parties within five days of
the date of publication of this notice in accordance with 19 CFR
351.224(b). Interested parties may submit case briefs to Commerce no
later than 30 days after the date of publication of this notice.\5\
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed not later than seven days after the date for filing
[[Page 36760]]
case briefs.\6\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding are encouraged to submit with each argument:
(1) a statement of the issue; and (2) a table of authorities.\7\
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\5\ See 19 CFR 351.309(c)(1)(ii).
\6\ 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 Final Rule).
\7\ 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.\8\ 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).\9\
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\8\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\9\ See APO and Service Final Rule.
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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. An electronically filed hearing request must be received
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time within
30 days after the date of publication of this notice. Requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants; (3) whether any participant is a foreign
national; and (4) a list of issues the party intends to discuss. Issues
raised in the hearing will be limited to those raised in the respective
case and rebuttal briefs. If a request for a hearing is made, Commerce
intends to hold the hearing at a date and time to be determined.\10\
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\10\ See 19 CFR 351.310(c).
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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. Commerce intends to issue assessment instructions to CBP
no earlier than 35 days after the date of publication of the final
results of this administrative review in the Federal Register. If a
timely summons is filed at the U.S. Court of International Trade, the
assessment instructions will direct CBP not to liquidate relevant
entries until the time for parties to file a request for a statutory
injunction has expired (i.e., within 90 days of publication).
If Assan's or Teknik's weighted-average dumping margin is not zero
or de minimis (i.e., less than 0.50 percent) in the final results of
this review, Commerce intends to calculate importer-specific assessment
rates on the basis of the ratio of the total amount of dumping
calculated for each importer's examined sales to the total entered
value of those sales. Where we do not have entered values for all U.S.
sales to a particular importer, we will calculate an importer-specific,
per-unit assessment rate on the basis of the ratio of the total amount
of dumping calculated for the importer's examined sales to the total
quantity of those sales.\11\ To determine whether an importer-specific,
per-unit assessment rate is de minimis, in accordance with 19 CFR
351.106(c)(2), we also will calculate an importer-specific ad valorem
ratio based on estimated entered values. If either Assan's or Teknik's
weighted-average dumping margin is zero or de minimis or where an
importer-specific ad valorem assessment rate is zero or de minimis, we
will instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\12\
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\11\ See 19 CFR 351.212(b)(1).
\12\ See 19 CFR 352.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Assan or
Teknik for which they did not know that the merchandise was destined
for the United States, we intend to instruct CBP to liquidate those
entries at the all-others rate in the original less-than-fair-value
(LTFV) investigation (i.e., 4.85 percent) if there is no rate for the
intermediate company(ies) involved in the transaction.\13\
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\13\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) the company-specific cash deposit rate for
Assan and Teknik will be equal to the weighted-average dumping margin
established in the final results of this review for each respondent
(except, if that rate is de minimis, then the cash deposit rate will be
zero); (2) for producers or exporters not covered in this review but
covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the company-specific rate published for the most
recently-completed segment of this proceeding in which they were
reviewed; (3) if the exporter is not a firm covered in this review or a
prior segment of the proceeding but the producer is, then the cash
deposit rate will be the rate established for the most recently
completed segment of this proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 4.85 percent, the all-others rate
established in the less-than-fair-value investigation.\14\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\14\ See Order, 85 FR at 17866.
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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 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 double antidumping duties.
[[Page 36761]]
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h) 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. Affiliation
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2024-09621 Filed 5-2-24; 8:45 am]
BILLING CODE 3510-DS-P
