Certain Aluminum Foil From the Republic of Türkiye: Final Results and Partial Rescission of the Countervailing Duty Administrative Review; 2021, 48886-48887 [2024-12654]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 112 (Monday, June 10, 2024)]
[Notices]
[Pages 48886-48887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12654]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-845]


Certain Aluminum Foil From the Republic of T[uuml]rkiye: Final 
Results and Partial Rescission of the Countervailing Duty 
Administrative Review; 2021

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
ASAS Aluminyum Sanayi ve Ticaret A.S. (ASAS) and Assan Aluminyum Sanayi 
ve Ticaret A.S. (Assan) received countervailable subsidies during the 
period of review (POR) March 5, 2021, through December 31, 2021.

DATES: Applicable June 10, 2024.

FOR FURTHER INFORMATION CONTACT: Adam Simons, AD/CVD Operations, Office 
IX, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-6172.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of this administrative 
review on December 7, 2023.\1\ In January and February 2024, Commerce 
conducted an on-site verification of ASAS' reported subsidy 
information.\2\ On March 26, 2024, Commerce extended the deadline for 
issuing the final results until June 4, 2024.\3\ Subsequently, on April 
5, 2024, we invited interested parties to comment on the Preliminary 
Results and verification.\4\ For a description of the events that 
occurred since the Preliminary Results, see the Issues and Decision 
Memorandum.\5\
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    \1\ See Certain Aluminum Foil from Turkey: Preliminary Results 
of Countervailing Duty Administrative Review, 88 FR 85228 (December 
7, 2023) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \2\ See Memorandum, ``Verification of the Questionnaire 
Responses of Asas Aluminyum Sanayi Ve Ticaret A.[Scedil].,'' dated 
April 4, 2024.
    \3\ See Memorandum, ``Extension of Deadlines for 2021 Final 
Results of Countervailing Duty Administrative Review,'' dated March 
26, 2024.
    \4\ See Memorandum, ``Clarification of Briefing Schedule,'' 
dated April 5, 2024.
    \5\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Countervailing Duty Administrative Review of Certain Aluminum 
Foil from the Republic of T[uuml]rkiye; 2021,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
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Scope of the Order 6
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    \6\ See Certain Aluminum Foil from the Sultanate of Oman and the 
Republic of Turkey: Countervailing Duty Orders, 86 FR 62782 
(November 12, 2021) (Order).
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    The merchandise covered by this Order is aluminum foil from 
T[uuml]rkiye. For a complete description of the scope of this Order, 
see the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in interested parties' case briefs are addressed 
in the Issues and Decision Memorandum. The topics discussed and the 
issues raised by parties to which we responded 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 directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Rescission of Administrative Review, In Part

    As noted in the Intent to Rescind Memorandum,\7\ based on our 
analysis of U.S. Customs and Border Protection (CBP) data, we determine 
that Ilda Pack Ambalaj, John Good Denizcilik Tas.Ve, and Seherli 
Danismanlik A.S had no reviewable shipments, sales, or entries of 
subject merchandise during the POR. We received no comments or 
additional information from any interested parties regarding the Intent 
to Rescind Memorandum issued regarding these three companies. 
Therefore, absent evidence of shipments on the record, we are 
rescinding the administrative review of these companies, pursuant to 19 
CFR 351.213(d)(3).
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    \7\ See Memorandum, ``Notice of Intent to Rescind Review, In 
Part,'' dated April 5, 2024 (Intent to Rescind Memorandum).
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Changes Since the Preliminary Results

    Based on our analysis of comments from interested parties and the 
results of verification, we made certain changes to ASAS' and Assan's 
countervailable subsidy rate calculations from the Preliminary Results. 
For a full description of these changes, see the Issues and Decision 
Memorandum.

Methodology

    Commerce conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the

[[Page 48887]]

Act). For each of the subsidy programs found countervailable, we find 
that there is a subsidy, i.e., a government-provided financial 
contribution that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\8\ For a description of the methodology 
underlying all of Commerce's conclusions, see the Issues and Decision 
Memorandum.
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    \8\ 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.
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Company Not Selected for Individual Review

    The Act and Commerce's regulations do not address the establishment 
of a rate to be applied to companies not selected for individual 
examination when Commerce limits its examination in an administrative 
review, pursuant to section 777A(c)(2) of the Act. Generally, Commerce 
looks to section 705(c)(5) of the Act, which provides instructions for 
determining the all-others rate in an investigation, for guidance when 
calculating the rate for companies which were not selected for 
individual examination in an administrative review. Under section 
705(c)(5)(A) of the Act, the all-others rate is normally an amount 
equal to the weighted average of the countervailable subsidy rates 
established for exporters and producers individually investigated, 
excluding any zero or de minimis countervailable subsidy rates, and any 
rates determined entirely on the basis of facts available.
    There is one company, Panda Aluminyum, for which a review was 
requested, but which was not selected as a mandatory respondent or 
found to be cross-owned with a mandatory respondent. For Panda 
Aluminyum, because the rates calculated for mandatory respondents ASAS 
and Assan were above de minimis and not based entirely on facts 
available, we applied a final subsidy rate based on a simple average of 
the rates calculated for the two mandatory respondents.

Final Results of Review

    We determine that, for the period March 5, 2021, through December 
31, 2021, the following total net countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                      (percent  ad
                                                             valorem)
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ASAS Aluminyum Sanayi ve Ticaret A.S....................            0.50
Assan Aluminyum Sanayi ve Ticaret A.S.\9\...............            1.15
Panda Aluminyum.........................................            0.83
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Disclosure
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    \9\ Commerce finds the following companies to be cross-owned 
with Assan: Kibar D[inodot][scedil] Ticaret A.S.; Kibar Holding 
A.S.; and Ispak Esnek Ambalaj Sanayi A.S.
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    Commerce intends to disclose the calculations performed for these 
final results of review within five days after the date of publication 
of this notice in the Federal Register, in accordance with 19 CFR 
351.224(b).

Assessment

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce has determined, and CBP shall assess, 
countervailing duties on all appropriate entries of subject merchandise 
in accordance with the final results of this review, for the above-
listed companies at the applicable ad valorem assessment rates listed. 
For the companies for which we are rescinding this administrative 
review, Commerce will instruct CBP to assess countervailing duties on 
all appropriate entries at a rate equal to the cash deposit of 
estimated countervailing duties required at the time of entry, or 
withdrawal from warehouse, for consumption, during the period March 5, 
2021, through December 31, 2021, in accordance with 19 CFR 
351.212(c)(l)(i).
    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of these 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)(1) of the Act, Commerce intends 
to instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown for the companies listed above 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 administrative review. For all non-reviewed firms, we will 
instruct CBP to continue to collect cash deposits of estimated 
countervailing duties at the all-others rate or most recent company-
specific rate applicable to the company, as appropriate. These cash 
deposits, effective upon publication of these final results of this 
review, shall remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
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(a)(3). Timely 
written notification of the return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    These final results are issued and published 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. Subsidies Valuation
V. Analysis of Programs
VI. Discussion of the Issues
    Comment 1: Whether To Exclude Kibar Dis' By-Pass Sales From Its 
Sales Denominator
    Comment 2: Whether to Make Certain Adjustments to Assan's Sales 
Denominators
    Comment 3: Whether the Unemployment Insurance Premium Incentive 
Under Additional Article 4 of Law No. 4447 is a Countervailable 
Subsidy
    Comment 4: Whether Commerce Should Rely on Assan's Provided Loan 
Benchmark
    Comment 5: Whether To Revise Certain Benefit Calculations for 
ASAS
    Comment 6: Whether to Find the Exemptions on Banking and 
Insurance Transaction Tax Program Countervailable
VII. Recommendation

[FR Doc. 2024-12654 Filed 6-7-24; 8:45 am]
BILLING CODE 3510-DS-P