Common Alloy Aluminum Sheet From the Republic of Türkiye: Final Results of Countervailing Duty Administrative Review; 2022, 89960-89962 [2024-26512]
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89960
Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Notices
Factual Information Requirements
Commerce’s regulations identify five
categories of factual information in 19
CFR 351.102(b)(21), which are
summarized as follows: (i) evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). These regulations
require any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct. The
regulations, at 19 CFR 351.301, also
provide specific time limits for such
factual submissions based on the type of
factual information being submitted.
Please review the Final Rule,7 available
at https://www.govinfo.gov/content/pkg/
FR-2013-07-17/pdf/2013-17045.pdf,
prior to submitting factual information
in this segment. Note that Commerce
has amended certain of its requirements
pertaining to the service of documents
in 19 CFR 351.303(f).8
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information
using the formats provided at the end of
the Final Rule.9 Commerce intends to
reject factual submissions in any
proceeding segments if the submitting
party does not comply with applicable
certification requirements.
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Extension of Time Limits Regulation
Parties may request an extension of
time limits before a time limit
established under Part 351 expires, or as
otherwise specified by Commerce.10 In
7 See Certification of Factual Information To
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also the frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
8 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR
67069 (September 29, 2023).
9 See section 782(b) of the Act; see also Final
Rule; and the frequently asked questions regarding
the Final Rule, available at https://
enforcement.trade.gov/tlei/notices/factual_info_
final_rule_FAQ_07172013.pdf.
10 See 19 CFR 351.302.
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general, an extension request will be
considered untimely if it is filed after
the time limit established under Part
351 expires. For submissions which are
due from multiple parties
simultaneously, an extension request
will be considered untimely if it is filed
after 10:00 a.m. on the due date.
Examples include, but are not limited
to: (1) case and rebuttal briefs, filed
pursuant to 19 CFR 351.309; (2) factual
information to value factors under 19
CFR 351.408(c), or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2), filed pursuant to 19 CFR
351.301(c)(3) and rebuttal, clarification
and correction filed pursuant to 19 CFR
351.301(c)(3)(iv); (3) comments
concerning the selection of a surrogate
country and surrogate values and
rebuttal; (4) comments concerning CBP
data; and (5) Q&V questionnaires. Under
certain circumstances, Commerce may
elect to specify a different time limit by
which extension requests will be
considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case,
Commerce will inform parties in the
letter or memorandum setting forth the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. This policy also
requires that an extension request must
be made in a separate, standalone
submission, and clarifies the
circumstances under which Commerce
will grant untimely-filed requests for the
extension of time limits. Please review
the Final Rule, available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/
html/2013-22853.htm, prior to
submitting factual information in these
segments.
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 U.S.C. 1675(a)) and 19 CFR
351.221(c)(1)(i).
Dated: November 8, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2024–26510 Filed 11–13–24; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–840]
Common Alloy Aluminum Sheet From
the Republic of Türkiye: Final Results
of Countervailing Duty Administrative
Review; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies are being
provided to producers/exporters of
common alloy aluminum sheet
(aluminum sheet) from the Republic of
Türkiye (Türkiye) during the period of
review (POR) January 1, 2022, through
December 31, 2022.
DATES: Applicable November 14, 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 May 3, 2024, Commerce published
the preliminary results of this
administrative review.1 On July 22,
2024, Commerce tolled certain
deadlines in this administrative
proceeding by seven days.2 On July 31,
2024, we extended the time limit for
these final results to November 6, 2024.3
For a description of the events that
occurred since the Preliminary Results,
see the Issues and Decision
Memorandum.4
Scope of the Order 5
The products covered by the Order
are aluminum sheet from Türkiye. For a
1 See Common Alloy Aluminum Sheet from the
Republic of Türkiye: Preliminary Results of the
Countervailing Duty Administrative Review; 2022,
89 FR 36754 (May 3, 2024) (Preliminary Results),
and accompanying Preliminary Decision
Memorandum.
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
3 See Memorandum, ‘‘Extension of Deadline for
Final Results of Countervailing Duty Administrative
Review,’’ dated July 31, 2024.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review of the Countervailing Duty
Order on Common Alloy Aluminum Sheet from the
Republic of Türkiye; 2022,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
5 See Common Alloy Aluminum Sheet from
Bahrain, India, and the Republic of Turkey:
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Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Notices
for guidance when calculating the rate
for companies that were not selected for
individual examination in an
administrative review. Section
Analysis of Comments Received
777A(e)(2) of the Act provides that ‘‘the
All issues raised in the parties’ briefs
individual countervailable subsidy rates
are addressed in the Issues and Decision determined under subparagraph (A)
Memorandum. A list of the issues
shall be used to determine the all-others
addressed is attached as an appendix to rate under section 705(c)(5) {of the
this notice. The Issues and Decision
Act}.’’ Under section 705(c)(5)(A) of the
Memorandum is a public document and Act, the all-others rate is normally ‘‘an
is on file electronically via Enforcement amount equal to the weighted average of
and Compliance’s Antidumping and
the countervailable subsidy rates
Countervailing Duty Centralized
established for exporters and producers
Electronic Service System (ACCESS).
individually investigated, excluding any
ACCESS is available to registered users
zero or de minimis countervailable
at https://access.trade.gov. In addition, a subsidy rates, and any rates determined
complete version of the Issues and
entirely {on the basis of facts
Decision Memorandum can be accessed available}.’’
Accordingly, to determine the rate for
directly at https://access.trade.gov/
companies not selected for individual
public/FRNoticesListLayout.aspx.
examination, Commerce’s practice is to
Changes Since the Preliminary Results
weight average the net subsidy rates for
Based on comments received from
the selected mandatory respondents,
interested parties and record
excluding rates that are zero, de
information, we made certain changes
minimis, or based entirely on facts
from the Preliminary Results for Assan
available.7 In this case, Commerce
Alüminyum Sanayi ve Ticaret A.S. and
found a de minimis rate for Teknik.
Kibar D(ş Ticaret A.Ş. (Kibar Dis)
Therefore, the only rate that is not zero,
(collectively, Assan) and the companies de minimis or based entirely on facts
not selected for individual review.
otherwise available is the rate calculated
These changes are explained in the
for Assan. Consequently, the rate
Issues and Decision Memorandum.
calculated for Assan is also assigned as
the rate for the non-selected companies.
Methodology
The companies for which a review
Commerce conducted this
was requested, which were not selected
administrative review in accordance
as mandatory respondents or found to
with section 751(a)(1)(A) of the Tariff
be cross-owned with a mandatory
Act of 1930, as amended (the Act). For
respondent, are: ASAS Aluminyum
each subsidy program found
Sanayi ve Ticaret A.S.; Kibar Dis Ticaret
countervailable, Commerce finds that
A.S; Kibar Holding A.S.; Kibar
there is a subsidy, i.e., a governmentAmericas, Inc.; P.M.S. Metal Profil
provided financial contribution that
Aluminum Sanayi Ve Ticaret A.S.; and
gives rise to a benefit to the recipient,
TAC Metal Ticaret A.S.
and that the subsidy is specific.6 For a
Final Results of Review
description of the methodology
We determine that the following net
underlying all of Commerce’s
conclusions, see the Issues and Decision countervailable subsidy rates exist for
the period January 1, 2022, through
Memorandum.
December 31, 2022:
Companies Not Selected for Individual
Review
Subsidy rate
Producer/exporter
(percent ad
The Act and Commerce’s regulations
valorem)
do not directly address the
1.14.
Assan
Alüminyum
Sanayi
ve
establishment of a rate to be applied to
Ticaret A.S.8
companies not selected for individual
Teknik Aluminyum Sanayi A.S
0.19 (de minimis).
examination when Commerce limits its
Non-Selected Companies
1.14.
Under Review.
examination in an administrative review
pursuant to section 777A(e)(2) of the
Disclosure
Act. Generally, Commerce looks to
section 705(c)(5) of the Act, which
Commerce intends to disclose the
provides instructions for determining
calculations and analysis performed for
the all-others rate in an investigation,
ddrumheller on DSK120RN23PROD with NOTICES1
full description of the scope of the
Order, see the Issues and Decision
Memorandum.
Countervailing Duty Orders, 86 FR 22144 (April 27,
2021) (Order).
6 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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7 See, e.g., Certain Pasta from Italy: Final Results
of the 13th (2008) Countervailing Duty
Administrative Review,75 FR 37386, 37387 (June
29, 2010).
8 This rate is applicable to Assan and its crossowned companies Kibar Holding A.S., and Kibar
D(ş Ticaret A.S.
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89961
these final results of review within five
days of the date of publication of this
notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to sections 751(a)(1) and
(a)(2)(C) of the Act and 19 CFR
351.212(b), Commerce shall determine,
and U.S. Customs and Border Protection
(CBP) shall assess, countervailing 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
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)
and (a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash
deposits of estimated countervailing
duties in the amounts shown for the
companies listed above on 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. Because the rate
calculated for Teknik is 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, we
will instruct CBP to continue to collect
cash deposits of estimated
countervailing duties at the all-others
rate or the most recent company-specific
rate applicable to the company, as
appropriate. These cash deposit
requirements, effective upon
publication of these final results, shall
remain in effect until further notice.
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to the
administrative protective order (APO) of
their responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
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Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Notices
with the regulations and terms of an
APO is a sanctionable violation.
Notification to Interested Parties
Commerce is issuing the final results
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: November 6, 2024.
Abdelali Elouaradia,
Deputy 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. Subsidies Valuation Information
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether Commerce Should
Revise its Analysis of the Bank and
Insurance Transaction Tax
Comment 2: Whether Commerce Should
Revise Certain Assan’s Sale
Denominators
Comment 3: Whether Commerce Omitted
Two Countervailable Subsidies Received
by Assan
Comment 4: Whether to Defer Examination
of Two Subsidy Programs
Comment 5: Whether to Revise Assan’s Ad
Valorem Rate
Comment 6: Whether to Recalculate
Rediscount Loans Benefit
VIII. Recommendation
[FR Doc. 2024–26512 Filed 11–13–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–809, A–580–870, A–580–876, A–580–
897]
Circular Welded Non-Alloy Steel Pipe
From the Republic of Korea; Certain
Oil Country Tubular Goods From the
Republic of Korea; Welded Line Pipe
From the Republic of Korea; and Large
Diameter Welded Pipe From the
Republic of Korea: Notice of Final
Results of Antidumping Duty Changed
Circumstances Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 17, 2024, the U.S.
Department of Commerce (Commerce)
published the preliminary results of
changed circumstances reviews (CCRs)
of the antidumping duty (AD) orders on
circular welded non-alloy steel pipe
(CWP), certain oil country tubular goods
(OCTG), welded line pipe (WLP), and
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
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20:38 Nov 13, 2024
Jkt 265001
large diameter welded pipe (LDWP)
from the Republic of Korea (Korea). For
these final results, Commerce continues
to find that Hyundai Steel Pipe Co., Ltd.
(HSP) is the successor-in-interest to
Hyundai Steel Company (Hyundai
Steel), and that HSP is entitled to the
AD cash deposit rates determined for
Hyundai Steel with respect to entries of
the subject merchandise in the abovereferenced proceedings.
DATES: Applicable November 14, 2024.
FOR FURTHER INFORMATION CONTACT:
George McMahon, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, telephone: (202) 482–1167.
SUPPLEMENTARY INFORMATION:
Final Results of CCRs
On October 17, 2024, Commerce
published the Preliminary Results,1
determining that HSP is the successorin-interest to Hyundai Steel for
purposes of determining AD cash
deposits under the AD orders on CWP,
OCTG, WLP, and LDWP from Korea 2
and providing interested parties with an
opportunity to comment.3 No interested
party submitted comments on the
Preliminary Results.
For the reasons stated in the
Preliminary Results, and because we
received no comments from interested
parties regarding the Preliminary
Results, we continue to find that HSP is
the successor-in-interest to Hyundai
Steel with respect to the subject
merchandise and the Orders. As a result
of this determination, and consistent
with our established practice,5 we find
that HSP is entitled to the AD cash
deposit rates applicable to Hyundai
Steel for entries of subject merchandise.
Because there are no changes from the
Preliminary Results, there is no decision
memorandum accompanying this
notice, and we are adopting the
Preliminary Results as the final results
of these CCRs.
Consequently, Commerce will instruct
U.S. Customs and Border Protection to
suspend liquidation of all shipments of
subject merchandise produced and/or
exported by HSP and entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of this notice in the Federal
Register at Hyundai Steel’s AD cash
deposit rates in effect for the respective
Orders. These cash deposit
requirements shall remain in effect until
further notice.
Scope of the Orders
Administrative Protective Order (APO)
Background
The merchandise covered by these
orders is CWP, OCTG, WLP, and LDWP
from Korea. For a complete description
of the scope of each of these orders, see
the Preliminary Results.4
1 See Circular Welded Non-Alloy Steel Pipe from
the Republic of Korea; Certain Oil Country Tubular
Goods from the Republic of Korea; Welded Line
Pipe from the Republic of Korea; and Large
Diameter Welded Pipe from the Republic of Korea:
Notice of Preliminary Results of Antidumping Duty
Changed Circumstances Reviews, 89 FR 83643
(October 17, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Notice of Antidumping Orders: Certain
Circular Welded Non-Alloy Steel Pipe from Brazil,
the Republic of Korea (Korea), Mexico, and
Venezuela, and Amendment to Final Determination
of Sales at Less Than Fair Value: Certain Circular
Welded Non-Alloy Steel Pipe from Korea, 57 FR
49453 (November 2, 1992); Certain Oil Country
Tubular Goods from India, the Republic of Korea,
Taiwan, the Republic of Turkey, and the Socialist
Republic of Vietnam: Antidumping Duty Orders;
Certain Oil Country Tubular Goods from the
Socialist Republic of Vietnam: Amended Final
Determination of Sales at Less Than Fair Value, 79
FR 53691 (September 10, 2014); Welded Line Pipe
from the Republic of Korea and the Republic of
Turkey: Antidumping Duty Orders, 80 FR 75056
(December 1, 2015); and Large Diameter Welded
Pipe from the Republic of Korea: Amended Final
Affirmative Antidumping Determination and
Antidumping Duty Order, 84 FR 18767 (May 2,
2019) (collectively, the Orders).
3 See Preliminary Results.
4 See Preliminary Results PDM; see also Orders.
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This notice serves as the only
reminder to parties subject to APO of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of 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 sanctionable violation.
Notification to Interested Parties
We are issuing this determination and
publishing these final results and notice
in accordance with sections 751(b)(1),
and 777(i)(1) and (2) of the Tariff Act of
1930, as amended, and 19 CFR
351.216(e), 351.221(b)(5), and
351.221(c)(3)(i).
Dated: November 7, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2024–26516 Filed 11–13–24; 8:45 am]
BILLING CODE 3510–DS–P
5 See, e.g., Certain Softwood Lumber Products
from Canada: Notice of Final Results of
Antidumping Duty Changed Circumstances Review,
89 FR 77472 (September 23, 2024).
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Agencies
[Federal Register Volume 89, Number 220 (Thursday, November 14, 2024)]
[Notices]
[Pages 89960-89962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26512]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-840]
Common Alloy Aluminum Sheet From the Republic of T[uuml]rkiye:
Final Results of Countervailing Duty Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers/exporters of
common alloy aluminum sheet (aluminum sheet) from the Republic of
T[uuml]rkiye (T[uuml]rkiye) during the period of review (POR) January
1, 2022, through December 31, 2022.
DATES: Applicable November 14, 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 May 3, 2024, Commerce published the preliminary results of this
administrative review.\1\ On July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\2\ On July
31, 2024, we extended the time limit for these final results to
November 6, 2024.\3\ For a description of the events that occurred
since the Preliminary Results, see the Issues and Decision
Memorandum.\4\
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\1\ See Common Alloy Aluminum Sheet from the Republic of
T[uuml]rkiye: Preliminary Results of the Countervailing Duty
Administrative Review; 2022, 89 FR 36754 (May 3, 2024) (Preliminary
Results), and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated July 31, 2024.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Countervailing
Duty Order on Common Alloy Aluminum Sheet from the Republic of
T[uuml]rkiye; 2022,'' dated concurrently with, and hereby adopted
by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 5
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\5\ See Common Alloy Aluminum Sheet from Bahrain, India, and the
Republic of Turkey: Countervailing Duty Orders, 86 FR 22144 (April
27, 2021) (Order).
---------------------------------------------------------------------------
The products covered by the Order are aluminum sheet from
T[uuml]rkiye. For a
[[Page 89961]]
full description of the scope of the Order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the parties' briefs are addressed in the
Issues and Decision Memorandum. A list of the issues addressed is
attached as an 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.
Changes Since the Preliminary Results
Based on comments received from interested parties and record
information, we made certain changes from the Preliminary Results for
Assan Al[uuml]minyum Sanayi ve Ticaret A.S. and Kibar D[inodot][scedil]
Ticaret A.[Scedil]. (Kibar Dis) (collectively, Assan) and the companies
not selected for individual review. These changes are explained in the
Issues and Decision Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each subsidy program found countervailable, Commerce finds 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.\6\ For a description of the methodology underlying all of
Commerce's conclusions, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\6\ 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 Review
The Act and Commerce's regulations do not directly 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(e)(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
that were not selected for individual examination in an administrative
review. 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} .'' 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{time} .''
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.\7\ In this case, Commerce found a de minimis rate for
Teknik. Therefore, the only rate that is not zero, de minimis or based
entirely on facts otherwise available is the rate calculated for Assan.
Consequently, the rate calculated for Assan is also assigned as the
rate for the non-selected companies.
---------------------------------------------------------------------------
\7\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review,75 FR 37386,
37387 (June 29, 2010).
---------------------------------------------------------------------------
The companies for which a review was requested, which were not
selected as mandatory respondents or found to be cross-owned with a
mandatory respondent, are: ASAS Aluminyum Sanayi ve Ticaret A.S.; Kibar
Dis Ticaret A.S; Kibar Holding A.S.; Kibar Americas, Inc.; P.M.S. Metal
Profil Aluminum Sanayi Ve Ticaret A.S.; and TAC Metal Ticaret A.S.
Final Results of Review
We determine that the following net countervailable subsidy rates
exist for the period January 1, 2022, through December 31, 2022:
---------------------------------------------------------------------------
\8\ This rate is applicable to Assan and its cross-owned
companies Kibar Holding A.S., and Kibar D[inodot][scedil] Ticaret
A.S.
------------------------------------------------------------------------
Subsidy rate (percent ad
Producer/exporter valorem)
------------------------------------------------------------------------
Assan Al[uuml]minyum Sanayi ve Ticaret 1.14.
A.S.\8\
Teknik Aluminyum Sanayi A.S............... 0.19 (de minimis).
Non-Selected Companies Under Review....... 1.14.
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations and analysis
performed for these final results of review within five days of the
date of publication of this notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to sections 751(a)(1) and (a)(2)(C) of the Act and 19 CFR
351.212(b), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing 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
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) and (a)(2)(C) of the Act,
Commerce also intends to instruct CBP to collect cash deposits of
estimated countervailing duties in the amounts shown for the companies
listed above on 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. Because the rate
calculated for Teknik is 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, we will
instruct CBP to continue to collect cash deposits of estimated
countervailing duties at the all-others rate or the most recent
company-specific rate applicable to the company, as appropriate. These
cash deposit requirements, effective upon publication of these final
results, shall remain in effect until further notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
the administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply
[[Page 89962]]
with the regulations and terms of an APO is a sanctionable violation.
Notification to Interested Parties
Commerce is issuing the final results 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: November 6, 2024.
Abdelali Elouaradia,
Deputy 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. Subsidies Valuation Information
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether Commerce Should Revise its Analysis of the
Bank and Insurance Transaction Tax
Comment 2: Whether Commerce Should Revise Certain Assan's Sale
Denominators
Comment 3: Whether Commerce Omitted Two Countervailable
Subsidies Received by Assan
Comment 4: Whether to Defer Examination of Two Subsidy Programs
Comment 5: Whether to Revise Assan's Ad Valorem Rate
Comment 6: Whether to Recalculate Rediscount Loans Benefit
VIII. Recommendation
[FR Doc. 2024-26512 Filed 11-13-24; 8:45 am]
BILLING CODE 3510-DS-P