Certain Aluminum Foil From the Republic of Türkiye: Final Results of Antidumping Duty Administrative Review; 2021-2022, 48889-48891 [2024-12653]
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Federal Register / Vol. 89, No. 112 / Monday, June 10, 2024 / Notices
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction.
The assessment rate for antidumping
duties for each of the companies not
selected for individual examination will
be equal to the weighted-average
dumping margin identified above in the
‘‘Final Results of Review’’ section.
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).
lotter on DSK11XQN23PROD with NOTICES1
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rates for the companies
identified above in the ‘‘Final Results of
Review’’ will be equal to the companyspecific weighted-average dumping
margin established in the final results of
this administrative review; (2) for
merchandise exported by a company not
covered in this administrative review
but covered in a completed 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; (3) if the exporter is not a
firm covered in this review or
completed prior segment of this
proceeding but the producer is, the cash
deposit rate will be the companyspecific rate established for the most
recently-completed segment of this
proceeding for the producer of the
subject merchandise; and (4) the cash
deposit rate for all other producers or
exporters will continue to be 8.35
percent, the rate established in the
investigation of this proceeding.8 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
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 and/or countervailing
duties prior to liquidation of the
relevant entries during this POR. Failure
to comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties has occurred and
the subsequent assessment of double
antidumping duties, and/or an increase
in the amount of antidumping duties by
the amount of the countervailing duties.
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to an APO of
their responsibility concerning the
return or destruction 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 the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and the term of an APO is
a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5) and 19 CFR
351.213(h)(1).
Dated: June 4, 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 Companies Not Individually
Examined
1. Apex Tubes Private Ltd.
2. Apurvi Industries
3. Arihant Tubes
4. Divine Tubes Pvt. Ltd.
5. Heavy Metal & Tubes
6. Hindustan Inox. Limited
7. J.S.S. Steelitalia Ltd.
8. Linkwell Seamless Tubes Private Limited
9. Maxim Tubes Company Pvt. Ltd.
10. MBM Tubes Pvt. Ltd.
11. Mukat Tanks & Vessel Ltd.
12. Neotiss Ltd.
13. Quality Stainless Pvt. Ltd.
14. Raajranta Metal Industries Ltd.
15. Ratnadeep Metal & Tubes Ltd.
16. Remi Edelstahl Tubulars
17. Shubhlaxmi Metals & Tubes Private
Limited
18. SLS Tubes Pvt. Ltd.
19. Steamline Industries Ltd.
[FR Doc. 2024–12655 Filed 6–7–24; 8:45 am]
8 See
Order, 81 FR at 81063.
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17:13 Jun 07, 2024
BILLING CODE 3510–DS–P
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48889
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–844]
Certain Aluminum Foil From the
Republic of Türkiye: Final Results of
Antidumping Duty Administrative
Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
certain producers and exporters subject
to this administrative review made sales
of subject merchandise at less than
normal value during the period of
review (POR) September 23, 2021,
through October 31, 2022.
DATES: Applicable June 10, 2024.
FOR FURTHER INFORMATION CONTACT:
Bryan Hansen or Christopher Williams,
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) 482–3683
and (202) 482–5166, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 12, 2021, Commerce
published in the Federal Register the
antidumping duty order on certain
aluminum foil (aluminum foil) from the
Republic of Türkiye (Türkiye).1 On
December 7, 2023, Commerce published
the Preliminary Results of the 2021–
2022 administrative review of the
antidumping duty order on certain
aluminum foil (aluminum foil) from
Türkiye and invited interested parties to
comment.2 The review covers four
companies, including two mandatory
respondents, Assan Aluminyum Sanayi
ve Ticaret A.S., Kibar Dis Ticaret A.S.,
and Ispak Esnek Ambalaj Sanayi A.S.
(collectively, the Assan Single Entity),3
and ASAS Aluminyum Sanayi Ve
1 See Certain Aluminum Foil from the Republic
of Armenia, Brazil, the Sultanate of Oman, the
Russian Federation, and the Republic of Turkey:
Antidumping Duty Orders, 86 FR 62790 (November
12, 2021) (Order).
2 See Certain Aluminum Foil from the Republic
of Turkey: Preliminary Results of Antidumping
Duty Administrative Review; 2021–2022, 88 FR
85237 (December 7, 2023) (Preliminary Results) and
accompanying Preliminary Decision Memorandum
(PDM).
3 Commerce previously determined in the
investigation that these three companies are a single
entity and no party has challenged that
determination in this review. See Certain
Aluminum Foil from the Republic of Turkey: Final
Affirmative Determination of Sales at Less Than
Fair Value, 86 FR 52880 n.10 (September 23, 2021).
E:\FR\FM\10JNN1.SGM
10JNN1
48890
Federal Register / Vol. 89, No. 112 / Monday, June 10, 2024 / Notices
Ticaret A.S. (ASAS).4 On May 10, 2024,
Commerce extended the deadline for
issuing the final results until June 4,
2024.5 For a complete description of the
events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.6 Commerce
conducted this review in accordance
with section 751(a)(1)(B) of the Tariff
Act of 1930, as amended (the Act).
individual examination when we limit
our examination of companies subject to
the administrative review pursuant to
section 777A(c)(2)(B) of the Act.
Generally, Commerce looks to section
735(c)(5) of the Act, which provides
instructions for calculating the allothers rate in an investigation, for
guidance when calculating the rate for
respondents not individually examined
in an administrative review. Under
section 735(c)(5)(A) of the Act, the allothers rate is normally ‘‘an amount
equal to the weighted average of the
estimated weighted average dumping
margins established for exporters and
producers individually investigated,
excluding any zero and de minimis
margins, and any margins determined
entirely {on the basis of facts
available}.’’ Accordingly, in the final
results of review, we are assigning to the
companies not individually examined,
listed in the chart below, a weightedaverage dumping margin based on the
average of the individually calculated
weighted-average dumping margins of
the Assan Single Entity and ASAS
weighted by their publicly available
ranged U.S. sales values.8
lotter on DSK11XQN23PROD with NOTICES1
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review. Because the weighted-average
dumping margins for the Assan Single
Entity and ASAS are not zero or de
minimis (i.e., less than 0.5 percent) in
the final results of this review, we
calculated an importer-specific
assessment rate based on the ratio of the
total amount of dumping calculated for
Scope of the Order
each importer’s examined sales and the
The product covered by the Order is
total entered value of those same sales
aluminum foil from Türkiye. For a full
in accordance with 19 CFR
description of the scope of the Order,
351.212(b)(1).9 Where an importersee the Issues and Decision
specific assessment rate is zero or de
Memorandum.7
minimis (i.e., less than 0.5 percent), the
entries by that importer will be
Analysis of Comments Received
liquidated without regard to
The issues raised by the interested
antidumping duties. The final results of
parties in their case and rebuttal briefs
this administrative review shall be the
are addressed in the Issues and Decision
basis for the assessment of antidumping
Memorandum. The topics discussed in
duties on entries of merchandise
the Issues and Decision Memorandum
covered by the final results of this
are listed in the appendix to this notice.
review and for future deposits of
The Issues and Decision Memorandum
estimated duties, where applicable.10
is a public document and is on file
For entries of subject merchandise
electronically via Enforcement and
during the POR produced by either of
Compliance’s Antidumping and
the individually examined respondents
Countervailing Duty Centralized
for which they did not know that the
Electronic Service System (ACCESS).
merchandise they sold to the
ACCESS is available to registered users
Final Results of Review
intermediary (e.g., a reseller, trading
at https://access.trade.gov. In addition, a
company, or exporter) was destined for
Commerce
determines
that
the
complete version of the Issues and
the United States, we will instruct CBP
Decision Memorandum can be accessed following estimated weighted-average
to liquidate unreviewed entries at the
dumping
margins
exist
for
the
period
at https://access.trade.gov/public/
all-others rate if there is no rate for the
September 23, 2021, through October
FRNoticesListLayout.aspx.
intermediate company(ies) involved in
31, 2022:
the transaction.11
Changes Since the Preliminary Results
For all non-examined companies
WeightedBased on a review of the record and
subject to this review, we will instruct
average
the comments received from interested
Producer or exporter
dumping
CBP to liquidate all entries of subject
parties, we made changes to the
margin
merchandise that entered the United
(percent)
Preliminary Results with respect to the
States during the POR and assess
margins calculated for the respondents.
antidumping duties at a rate equal to the
Assan Aluminyum Sanayi ve
For further details, see the Issues and
weighted-average dumping margin
Ticaret A.S.; Kibar Dis Ticaret
Decision Memorandum.
listed above.
A.S.; and Ispak Esnek
Commerce intends to issue
Ambalaj Sanayi A.S ................
1.41
Rate for Non-Examined Companies
assessment instructions to CBP no
ASAS Aluminyum Sanayi Ve
The statute and regulations do not
Ticaret A.S ..............................
1.88 earlier than 35 days after the date of
address the establishment of a rate to be Ilda Pack Ambalaj .......................
1.49 publication of the final results of this
assigned to respondents not selected for Panda Aluminyum A.S ...............
1.49 review in the Federal Register. If a
timely summons is filed at the U.S.
4 We initiated this administrative review of ASAS
Disclosure
Court of International Trade, the
Aluminyum Sanayi ve Ticaret A.S. See Initiation of
assessment instructions will direct CBP
Commerce intends to disclose the
Antidumping and Countervailing Duty
not to liquidate relevant entries until the
Administrative Reviews, 88 FR 50, 55 (January 3,
calculations performed in connection
2023). In the Preliminary Results, we inadvertently
time for parties to file a request for a
with
the
final
results
to
interested
omitted the suffix A.S. from this company’s name.
statutory injunction has expired (i.e.,
parties within five days of the date of
See Preliminary Results, 88 FR at 85238.
5 See Memoranda, ‘‘Extension of Deadline for
publication of this notice in the Federal within 90 days of publication).
Final Results of Antidumping Duty Administrative
Register, in accordance with 19 CFR
9 In these final results, Commerce applied the
Review; 2021–2022,’’ dated February 27, 2024, and
351.224(b).
‘‘Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2021–
2022,’’ dated May 10, 2024.
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review of the Antidumping Duty
Order on Certain Aluminum Foil from the Republic
of Türkiye; 2021–2022,’’ dated concurrently with,
and hereby adopted by this notice (Issues and
Decision Memorandum).
7 Id.
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Assessment of Antidumping Duties
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
has determined, and U.S. Customs and
Border Protection (CBP) shall assess,
8 See Memorandum, ‘‘Final Rate for Non-Selected
Companies,’’ dated concurrently with this notice.
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assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
10 See section 751(a)(2)(C) of the Act.
11 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
E:\FR\FM\10JNN1.SGM
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Federal Register / Vol. 89, No. 112 / Monday, June 10, 2024 / Notices
Cash Deposit Requirements
Upon publication of this notice in the
Federal Register, the following cash
deposit requirements will be effective
for all 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 administrative review as
provided by section 751(a)(2) of the Act:
(1) the cash deposit rate for companies
subject to this review will be equal to
the company-specific weighted-average
dumping margin established in the final
results of the review; (2) for
merchandise exported by companies not
covered in this review but covered in a
prior segment of this proceeding, the
cash deposit rate will continue to be the
company-specific rate published in the
completed segment for the most recent
period; (3) if the exporter is not a firm
covered in this review or a prior
segment of the proceeding (e.g., the
original investigation of sales at less
than fair value (LTFV)) but the producer
is, then the cash deposit rate will be the
rate 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 1.95 percent,12 the all-others rate
established in the LTFV investigation,
adjusted for the export-subsidy rate in
the companion countervailing duty
investigation. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
lotter on DSK11XQN23PROD with NOTICES1
Notification to Importers
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 and/or countervailing
duties prior to liquidation of the
relevant entries during this POR. Failure
to comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties, and/or an increase
in the amount of antidumping duties by
the amount of the countervailing duties.
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
12 See Certain Aluminum Foil from the Republic
of Turkey: Final Affirmative Determination of Sales
at Less Than Fair Value, 86 FR 52880 (September
23, 2021).
VerDate Sep<11>2014
17:13 Jun 07, 2024
Jkt 262001
accordance with 19 CFR 351.305.
Timely written notification of the return
or destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation subject to sanction.
Notification to Interested Parties
Commerce is issuing and publishing
this notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
48891
China) and Frank Schmitt (India), AD/
CVD Operations, Offices I and VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4270
and (202) 482–4880, respectively.
SUPPLEMENTARY INFORMATION:
Background
Dated: June 4, 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.
On April 23, 2024, the U.S.
Department of Commerce (Commerce)
initiated countervailing duty (CVD)
investigations of imports of 2,4dichlorophenoxyacetic acid (2,4-D) from
China and India.1 Currently, the
preliminary determinations are due no
later than June 27, 2024.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
Postponement of Preliminary
Determinations
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Duty Drawback Adjustment
Comment 2: Calculation of the Per-Unit
Duty Drawback Adjustment for ASAS
Comment 3: Early Payment Discount
Adjustment
Comment 4: Interest Expenses as Part of
U.S. Indirect Selling Expenses
Comment 5: Monthly Comparisons of U.S.
Price With Normal Value Due to High
Inflation
Comment 6: Turkish Lira (TL)Denominated Home Market Sales
Invoices
Comment 7: Reporting Physical
Characteristics for Gauge
Comment 8: Application of Billing
Adjustment
Comment 9: Average Raw Material Metal
Premium Costs
Comment 10: Inclusion of ‘‘Goods in
Transit’’ in Manual Adjustment Ratio for
Cost of Manufacture
VI. Recommendation
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), requires
Commerce to issue the preliminary
determination in a CVD investigation
within 65 days after the date on which
Commerce initiated the investigation.
However, section 703(c)(1) of the Act
permits Commerce to postpone the
preliminary determination until no later
than 130 days after the date on which
Commerce initiated the investigation if:
(A) the petitioner 2 makes a timely
request for a postponement; or (B)
Commerce concludes that the parties
concerned are cooperating, that the
investigation is extraordinarily
complicated, and that additional time is
necessary to make a preliminary
determination. Under 19 CFR
351.205(e), the petitioner must submit a
request for postponement 25 days or
more before the scheduled date of the
preliminary determination and must
state the reasons for the request.
Commerce will grant the request unless
it finds compelling reasons to deny the
request.
On May 24, 2024, the petitioner
submitted a timely request that
Commerce postpone the preliminary
CVD determinations.3 The petitioner
stated that it requests postponement for
Commerce to receive initial responses,
issue supplemental questionnaires as
needed, develop the records regarding
potential deficiencies, and prepare the
preliminary determinations.4
[FR Doc. 2024–12653 Filed 6–7–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–161, C–533–923]
2,4-Dichlorophenoxyacetic Acid From
the People’s Republic of China and
India: Postponement of Preliminary
Determinations in the Countervailing
Duty Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable June 10, 2024.
FOR FURTHER INFORMATION CONTACT:
Claudia Cott (the People’s Republic of
AGENCY:
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1 See 2,4-Dichlorophenoxyacetic Acid from the
People’s Republic of China and India: Initiation of
Countervailing Duty Investigations, 89 FR 34205
(April 30, 2024).
2 The petitioner is Corteva Agriscience LLC.
3 See Petitioner’s Letter, ‘‘Request For Extension
Preliminary Determination Deadline,’’ dated May
24, 2024.
4 Id.
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]]>Agencies
[Federal Register Volume 89, Number 112 (Monday, June 10, 2024)]
[Notices]
[Pages 48889-48891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12653]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-844]
Certain Aluminum Foil From the Republic of T[uuml]rkiye: Final
Results of Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain producers and exporters subject to this administrative review
made sales of subject merchandise at less than normal value during the
period of review (POR) September 23, 2021, through October 31, 2022.
DATES: Applicable June 10, 2024.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Christopher Williams,
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) 482-3683 and (202)
482-5166, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 12, 2021, Commerce published in the Federal Register
the antidumping duty order on certain aluminum foil (aluminum foil)
from the Republic of T[uuml]rkiye (T[uuml]rkiye).\1\ On December 7,
2023, Commerce published the Preliminary Results of the 2021-2022
administrative review of the antidumping duty order on certain aluminum
foil (aluminum foil) from T[uuml]rkiye and invited interested parties
to comment.\2\ The review covers four companies, including two
mandatory respondents, Assan Aluminyum Sanayi ve Ticaret A.S., Kibar
Dis Ticaret A.S., and Ispak Esnek Ambalaj Sanayi A.S. (collectively,
the Assan Single Entity),\3\ and ASAS Aluminyum Sanayi Ve
[[Page 48890]]
Ticaret A.S. (ASAS).\4\ On May 10, 2024, Commerce extended the deadline
for issuing the final results until June 4, 2024.\5\ For a complete
description of the events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\6\ Commerce conducted this
review in accordance with section 751(a)(1)(B) of the Tariff Act of
1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Certain Aluminum Foil from the Republic of Armenia,
Brazil, the Sultanate of Oman, the Russian Federation, and the
Republic of Turkey: Antidumping Duty Orders, 86 FR 62790 (November
12, 2021) (Order).
\2\ See Certain Aluminum Foil from the Republic of Turkey:
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022, 88 FR 85237 (December 7, 2023) (Preliminary Results) and
accompanying Preliminary Decision Memorandum (PDM).
\3\ Commerce previously determined in the investigation that
these three companies are a single entity and no party has
challenged that determination in this review. See Certain Aluminum
Foil from the Republic of Turkey: Final Affirmative Determination of
Sales at Less Than Fair Value, 86 FR 52880 n.10 (September 23,
2021).
\4\ We initiated this administrative review of ASAS Aluminyum
Sanayi ve Ticaret A.S. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR 50, 55 (January 3,
2023). In the Preliminary Results, we inadvertently omitted the
suffix A.S. from this company's name. See Preliminary Results, 88 FR
at 85238.
\5\ See Memoranda, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2021-2022,'' dated February
27, 2024, and ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2021-2022,'' dated May 10,
2024.
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Certain Aluminum Foil from the Republic of T[uuml]rkiye;
2021-2022,'' dated concurrently with, and hereby adopted by this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The product covered by the Order is aluminum foil from
T[uuml]rkiye. For a full description of the scope of the Order, see the
Issues and Decision Memorandum.\7\
---------------------------------------------------------------------------
\7\ Id.
---------------------------------------------------------------------------
Analysis of Comments Received
The issues raised by the interested parties in their case and
rebuttal briefs are addressed in the Issues and Decision Memorandum.
The topics discussed in the Issues and Decision Memorandum are listed
in the appendix to this notice. The Issues and 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 Issues
and Decision Memorandum can be accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and the comments received from
interested parties, we made changes to the Preliminary Results with
respect to the margins calculated for the respondents. For further
details, see the Issues and Decision Memorandum.
Rate for Non-Examined Companies
The statute and regulations do not address the establishment of a
rate to be assigned to respondents not selected for individual
examination when we limit our examination of companies subject to the
administrative review pursuant to section 777A(c)(2)(B) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in an
investigation, for guidance when calculating the rate for respondents
not individually examined in an administrative review. Under section
735(c)(5)(A) of the Act, the all-others rate is normally ``an amount
equal to the weighted average of the estimated weighted average dumping
margins established for exporters and producers individually
investigated, excluding any zero and de minimis margins, and any
margins determined entirely {on the basis of facts available{time} .''
Accordingly, in the final results of review, we are assigning to the
companies not individually examined, listed in the chart below, a
weighted-average dumping margin based on the average of the
individually calculated weighted-average dumping margins of the Assan
Single Entity and ASAS weighted by their publicly available ranged U.S.
sales values.\8\
---------------------------------------------------------------------------
\8\ See Memorandum, ``Final Rate for Non-Selected Companies,''
dated concurrently with this notice.
---------------------------------------------------------------------------
Final Results of Review
Commerce determines that the following estimated weighted-average
dumping margins exist for the period September 23, 2021, through
October 31, 2022:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Assan Aluminyum Sanayi ve Ticaret A.S.; Kibar Dis Ticaret 1.41
A.S.; and Ispak Esnek Ambalaj Sanayi A.S...................
ASAS Aluminyum Sanayi Ve Ticaret A.S........................ 1.88
Ilda Pack Ambalaj........................................... 1.49
Panda Aluminyum A.S......................................... 1.49
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Disclosure
Commerce intends to disclose the calculations performed in
connection with the final results to interested parties within five
days of the date of publication of this notice in the Federal Register,
in accordance with 19 CFR 351.224(b).
Assessment of Antidumping Duties
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, 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.
Because the weighted-average dumping margins for the Assan Single
Entity and ASAS are not zero or de minimis (i.e., less than 0.5
percent) in the final results of this review, we calculated an
importer-specific assessment rate based on the ratio of the total
amount of dumping calculated for each importer's examined sales and the
total entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\9\ Where an importer-specific assessment rate is zero or
de minimis (i.e., less than 0.5 percent), the entries by that importer
will be liquidated without regard to antidumping duties. The final
results of this administrative review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.\10\
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\9\ In these final results, Commerce applied the assessment rate
calculation method adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and Assessment Rate in
Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
\10\ See section 751(a)(2)(C) of the Act.
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For entries of subject merchandise during the POR produced by
either of the individually examined respondents for which they did not
know that the merchandise they sold to the intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.\11\
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\11\ 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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For all non-examined companies subject to this review, we will
instruct CBP to liquidate all entries of subject merchandise that
entered the United States during the POR and assess antidumping duties
at a rate equal to the weighted-average dumping margin listed above.
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).
[[Page 48891]]
Cash Deposit Requirements
Upon publication of this notice in the Federal Register, the
following cash deposit requirements will be effective for all 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 administrative review as provided by section 751(a)(2) of the Act:
(1) the cash deposit rate for companies subject to this review will be
equal to the company-specific weighted-average dumping margin
established in the final results of the review; (2) for merchandise
exported by companies not covered in this review but covered in a prior
segment of this proceeding, the cash deposit rate will continue to be
the company-specific rate published in the completed segment for the
most recent period; (3) if the exporter is not a firm covered in this
review or a prior segment of the proceeding (e.g., the original
investigation of sales at less than fair value (LTFV)) but the producer
is, then the cash deposit rate will be the rate 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 1.95 percent,\12\ the all-others rate
established in the LTFV investigation, adjusted for the export-subsidy
rate in the companion countervailing duty investigation. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\12\ See Certain Aluminum Foil from the Republic of Turkey:
Final Affirmative Determination of Sales at Less Than Fair Value, 86
FR 52880 (September 23, 2021).
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Notification to Importers
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 and/or countervailing duties
prior to liquidation of the relevant entries during this POR. Failure
to comply with this requirement could result in Commerce's presumption
that reimbursement of antidumping and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties, and/or an
increase in the amount of antidumping duties by the amount of the
countervailing duties.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation subject
to sanction.
Notification to Interested Parties
Commerce is issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: June 4, 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 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: Duty Drawback Adjustment
Comment 2: Calculation of the Per-Unit Duty Drawback Adjustment
for ASAS
Comment 3: Early Payment Discount Adjustment
Comment 4: Interest Expenses as Part of U.S. Indirect Selling
Expenses
Comment 5: Monthly Comparisons of U.S. Price With Normal Value
Due to High Inflation
Comment 6: Turkish Lira (TL)-Denominated Home Market Sales
Invoices
Comment 7: Reporting Physical Characteristics for Gauge
Comment 8: Application of Billing Adjustment
Comment 9: Average Raw Material Metal Premium Costs
Comment 10: Inclusion of ``Goods in Transit'' in Manual
Adjustment Ratio for Cost of Manufacture
VI. Recommendation
[FR Doc. 2024-12653 Filed 6-7-24; 8:45 am]
BILLING CODE 3510-DS-P
