Certain Aluminum Foil From the Republic of Türkiye: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022, 100959-100961 [2024-29323]
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Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Notices
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
DEPARTMENT OF COMMERCE
Cash Deposit Requirements
[C–489–845]
In accordance with section
751(a)(2)(C) of the Act, Commerce also
intends, upon publication of the final
results, to instruct CBP to collect cash
deposits of estimated countervailing
duties in the amounts shown for the
companies listed above with regard to
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
review. For all non-reviewed firms, CBP
will 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, when imposed,
shall remain in effect until further
notice.
Certain Aluminum Foil From the
Republic of Türkiye: Preliminary
Results and Partial Rescission of
Countervailing Duty Administrative
Review; 2022
International Trade Administration
Final Results of Administrative Review
Unless otherwise extended, pursuant
to section 751(a)(3)(A) of the Act,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised by parties in their
comments, within 120 days after the
date of publication of these preliminary
results in the Federal Register.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
Dated: December 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
khammond on DSK9W7S144PROD with NOTICES
I. Summary
II. Background
III. Scope of the Order
IV. Diversification of Türkiye’s Economy
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Recommendation
[FR Doc. 2024–29428 Filed 12–12–24; 8:45 am]
BILLING CODE 3510–DS–P
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18:12 Dec 12, 2024
Jkt 265001
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies were provided to producers
and exporters of certain aluminum foil
(aluminum foil) from the Republic of
Türkiye (Türkiye). The period of review
(POR) is January 1, 2022, through
December 31, 2022. In addition,
Commerce is rescinding the review, in
part, with respect to one company.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable December 13, 2024.
FOR FURTHER INFORMATION CONTACT: Ian
Riggs, 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) 482–3810.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 29, 2023, based on
timely requests for review, Commerce
initiated this administrative review of
the countervailing duty (CVD) order on
aluminum foil from Türkiye.1 On
January 6, 2024, Commerce selected
ASAS Aluminyum Sanayi ve Ticaret
A.S. (ASAS) and Assan Aluminyum
Sanayi ve Ticaret A.S. (Assan) as the
mandatory respondents in this review.2
On March 28, 2024, the petitioners and
ASAS timely withdrew their requests
for review for ASAS.3 Therefore, on
April 5, 2024, Commerce selected Panda
Aluminyum A.S. (Panda) as an
additional mandatory respondent in this
review.4
On July 15, 2024, Commerce extended
the deadline for the preliminary results
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
90168 (December 29, 2023).
2 See Memorandum, ‘‘Respondent Selection,’’
dated January 26, 2024.
3 See ASAS’s Letter, ‘‘ Withdrawal of Request for
Administrative Review,’’ dated March 28, 2024
(ASAS’’ Withdrawal); see also Petitioners’’ Letter, ‘‘
Petitioners’’ Partial Withdrawal of Request for
Review,’’ dated March 28, 2024 (Petitioners’’
Withdrawal).
4 See Memorandum, ‘‘Additional Respondent
Selection,’’ dated April 5, 2024.
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100959
of this review.5 On July 22, 2024,
Commerce tolled certain deadlines in
certain administrative proceedings by
seven days.6 On November 8, 2024,
Commerce extended the time period for
issuing these preliminary results by an
additional 14 days.7 The deadline for
the preliminary results is now December
6, 2024.
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.8 A list of topics
discussed in the Preliminary Decision
Memorandum is included as an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic 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 9
The merchandise covered by the
Order is aluminum foil from Türkiye.
For a complete description of the scope
of the Order, see the Preliminary
Decision Memorandum.
Partial Rescission of Administrative
Review
In accordance with 19 CFR
351.213(d)(1), Commerce will rescind
an administrative review, in whole or in
part, if a party who requested the review
withdraws the request within 90 days of
the date of publication of the notice of
initiation of the requested review in the
Federal Register. On March 28, 2024,
the petitioners and ASAS withdrew
their requests for review for ASAS.10
Because ASAS and the petitioners
timely withdrew their requests for a
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of 2022 Countervailing Duty
Administrative Review,’’ dated May 15, 2024.
6 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
7 See Memorandum, ‘‘Second Extension of
Deadline for Preliminary Results of 2022
Countervailing Duty Administrative Review,’’ dated
November 8, 2024.
8 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2022 Countervailing
Duty Administrative Review of Certain Aluminum
Foil from the Republic of Türkiye,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
9 See Certain Aluminum Foil from the Sultanate
of Oman and the Republic of Turkey:
Countervailing Duty Orders, 86 FR 62782
(November 12, 2021) (Order).
10 See ASAS’’ Withdrawal; See also Petitioners’’
Withdrawal.
E:\FR\FM\13DEN1.SGM
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100960
Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Notices
Federal Register in accordance with 19
CFR 351.224(b).
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of this notice.
Methodology
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
Commerce is conducting this review
than five days after the date for filing
in accordance with section 751(a)(l)(A)
case briefs. Interested parties who
of the Tariff Act of 1930, as amended
submit case briefs or rebuttal briefs in
(the Act). For each of the subsidy
this proceeding must submit: (1) a table
programs found countervailable,
of contents listing each issue; and (2) a
Commerce preliminarily determines
table of authorities.14 All briefs must be
that there is a subsidy, i.e., a financial
filed electronically using ACCESS. An
contribution by an ‘‘authority’’ that
electronically filed document must be
gives rise to a benefit to the recipient,
received successfully in its entirety in
and that the subsidy is specific.11 For a
ACCESS by 5:00 p.m. Eastern Time on
full description of the methodology
the established deadline.
underlying our conclusions, see the
As provided under 19 CFR
Preliminary Decision Memorandum.
351.309(c)(2) and (d)(2), in prior
Preliminary Results of Review
proceedings we have encouraged
interested parties to provide an
As a result of this review, we
executive summary of their briefs that
preliminarily determine the net
should be limited to five pages total,
countervailable subsidy rates for the
including footnotes. In this review, we
period January 1, 2022, through
instead request that interested parties
December 31, 2022, to be:
provide at the beginning of their briefs
Subsidy
a public, executive summary for each
rate
issue raised in their briefs.15 Further, we
Company
(percent
ad valorem) request that interested parties limit their
executive summary of each issue to no
more than 450 words, not including
Assan Aluminyum Sanayi ve
Ticaret A.S.12 ........................
1.30 citations. We intend to use the executive
Panda Aluminyum A.S.13 .........
1.51 summaries as the basis of the comment
summaries included in the issues and
Disclosure and Public Comment
decision memorandum that will
accompany the final results in this
Commerce intends to disclose its
administrative review. We request that
calculations and analysis performed to
interested parties include footnotes for
interested parties for these preliminary
relevant citations in the executive
results within five days of any public
summary of each issue. Note that
announcement or, if there is no public
Commerce has amended certain of its
announcement, within five days of the
requirements pertaining to the service of
date of publication of this notice in the
documents in 19 CFR 351.303(f).16
Pursuant to 19 CFR 351.310(c),
11 See sections 771(5)(B) and (D) of the Act
interested
parties who wish to request a
regarding financial contribution; section 771(5)(E)
hearing must submit a written request to
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
the Assistant Secretary for Enforcement
12 As discussed in the Preliminary Decision
and Compliance, filed electronically via
Memorandum, Commerce has found the following
ACCESS by 5:00 p.m. Eastern Time
companies to be cross-owned with Assan: Ispak
within 30 days after the date of
Esnek Ambalaj Sanayi A.S.; and Kibar Holding A.S.
publication of this notice. Requests
We note that Assan has an affiliated trading
company through which it exported certain subject
should contain the party’s name and
merchandise, Kibar Dis Ticaret A.S. (Kibar Dis).
address, the number of participants; and
Therefore, because Kibar Dis’ subsidies are
a list of issues to be discussed. Oral
included as part of Assan’s total subsidy rate, we
presentations at the hearing will be
have not assigned a subsidy rate to Kibar Dis.
Entries of subject merchandise exported by Kibar
limited to issues raised in the case and
Dis will receive the rate of the producer listed on
rebuttal briefs. If a request for a hearing
the U.S. Customs and Border Protection (CBP) entry
khammond on DSK9W7S144PROD with NOTICES
review of ASAS, and no other party
requested a review of ASAS, in
accordance with 19 CFR 351.213(d)(1),
Commerce is rescinding this review, in
part, with respect to ASAS.
form.
13 We note that Panda has an affiliated trading
company through which it exported certain subject
merchandise, Seherli Danişmanlik A.Ş. (Seherli).
Seherli was not selected as a mandatory respondent
but was examined in the context of Panda.
Therefore, because Seherli’s subsidies are included
as part of Panda’s total subsidy rate, we have not
assigned a subsidy rate to Seherli. Entries of subject
merchandise exported by Seherli will receive the
rate of the producer listed on the CBP entry form.
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18:12 Dec 12, 2024
Jkt 265001
14 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Procedures).
15 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
16 See APO and Service Procedures.
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is made, Commerce will inform parties
of the scheduled date for the hearing.17
Assessment Rates
Consistent with section 751(a)(1) of
the Act and 19 CFR 351.212(b)(2), upon
issuance of the final results, Commerce
shall determine, and CBP shall assess,
countervailing duties on all appropriate
entries covered by this review.
For ASAS, 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 January 1, 2022, through
December 31, 2022, in accordance with
19 CFR 351.212(c)(l)(i). Commerce
intends to issue assessment instructions
to CBP regarding ASAS no earlier than
35 days after the date of publication of
this notice in the Federal Register.
For Assan and Panda, 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
Pursuant to section 751(a)(2)(C) of the
Act, Commerce intends to instruct CBP
to collect cash deposits of estimated
countervailing duties in the amount
indicated above with regard to
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
review. For all non-reviewed firms, CBP
will 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 instructions, when imposed,
shall remain in effect until further
notice.
Final Results of Administrative Review
Unless the deadline in extended,
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h), Commerce
intend to issue the final results of this
administrative review, including the
results of our analysis of the issues
raised by the parties in any written
briefs, within 120 days after the date of
17 See
E:\FR\FM\13DEN1.SGM
19 CFR 351.310(d).
13DEN1
Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Notices
publication of these preliminary results
in the Federal Register.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
Dated: December 6, 2024.
Abdelali Elouaradia,
Deputy 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. Diversification of Türkiye’s Economy
V. Subsidies Valuation
VI. Benchmarks and Interest Rates
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024–29323 Filed 12–12–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–850]
Thermal Paper From Germany:
Preliminary Results and Rescission, In
Part, 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 sales of thermal paper
from Germany were not made at less
than normal value (NV) during the
period of review (POR), November 1,
2022, through October 31, 2023.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable December 13, 2024.
FOR FURTHER INFORMATION CONTACT:
Anne Entz, 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) 482–3845.
SUPPLEMENTARY INFORMATION:
khammond on DSK9W7S144PROD with NOTICES
AGENCY:
Background
On November 22, 2021, Commerce
published in the Federal Register the
antidumping duty order on thermal
paper from Germany.1 On November 2,
2023, Commerce published in the
1 See Thermal Paper from Germany, Japan, the
Republic of Korea, and Spain: Antidumping Duty
Orders, 86 FR 66284 (November 22, 2021) (Order).
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18:12 Dec 12, 2024
Jkt 265001
Federal Register a notice of opportunity
to request an administrative review of
the Order for the POR.2 On December
29, 2023, based on timely requests for
review, in accordance with 19 CFR
351.221(c)(1)(i), we initiated an
administrative review of the Order.3 On
March 15, 2024, Lollicup USA
Incorporated (Lollicup) withdrew its
request for review of Mitsubishi Hitec
Paper (Mitsubishi).4 Therefore,
Commerce is examining Koehler Paper
SE and Koehler Kehl GmbH
(collectively, Koehler) as the sole
mandatory respondent in this review.5
On July 22, 2024, Commerce tolled
certain deadlines in this administrative
proceeding by seven days.6 In July 2024
and November 2024, we extended the
deadline for preliminary results of this
administrative review. The deadline to
issue the preliminary results is no later
than December 6, 2024.7 For a complete
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum.8
Scope of the Order
The merchandise subject to the Order
is thermal paper from Germany. For a
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if a party who requested a review
withdraws its request within 90 days of
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation Opportunity to
Request Administrative Review and Join Annual
Inquiry Service List, 88 FR 75270 (November 2,
2023).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
90168 (December 29, 2023).
4 See Lollicup’s Letter, ‘‘Withdrawal of
Administrative Reque Request,’’ dated March 15,
2024.
5 See Memorandum, ‘‘Respondent Selection,’’
dated February 29, 2024; see also Memorandum,
‘‘Suspension of Deadlines for Mitsubishi Hitec
Paper; and Commerce’s Letters, ‘‘Affiliation
Between Koehler and Matra,’’ dated April 10, 2024).
6 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
7 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of 2022–2023 Antidumping
Duty Administrative Review,’’ dated July 15, 2024;
see also Memorandum, ‘‘Second Extension of
Deadline for Preliminary Results of 2022–2023
Antidumping Duty Administrative Review,’’ dated
November 8, 2024.
8 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2022–2023
Administrative Review of the Antidumping Duty
Order on Thermal Paper from the Republic of
Germany,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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100961
the date of publication of notice of
initiation. As noted above, Lollicup
withdrew its request for review of
Mitsubishi within the 90-day deadline.
As no other party requested for review
of Mitsubishi, we are rescinding this
administrative review with respect to
Mitsubishi, pursuant to 19 CFR 351.
213(d)(1).
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
We calculated constructed export price
in accordance with section 772 of the
Act. We calculated NV in accordance
with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. A list of the
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 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 Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Preliminary Results of Review
As a result of this review, we
preliminarily determine that the
following weighted-average dumping
margin exists for the period November
1, 2022, through October 31, 2023:
Exporter/producer
Koehler Paper SE; Koehler Kehl
GmbH 9 ....................................
Weightedaverage
dumping
margin
(percent)
0.00
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed for these
preliminary results to interested parties
within five days of any public
9 In accordance with our collapsing determination
in the prior administrative review, Commerce
continues to collapse these companies and treat
them as a single entity. See Thermal Paper From
the Republic of Germany: Preliminary Results of
Antidumping Duty Administrative Review; 2021–
2022, 88 FR 83397 (November 29, 2023), and
accompanying Preliminary Decision Memorandum
at 4–5, unchanged in Thermal Paper From the
Federal Republic of Germany: Final Results of
Antidumping Duty Administrative Review; 2021–
2022, 89 FR 47517 (June 3, 2024).
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Agencies
[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 100959-100961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29323]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-845]
Certain Aluminum Foil From the Republic of T[uuml]rkiye:
Preliminary Results and Partial Rescission of Countervailing Duty
Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies were provided to producers
and exporters of certain aluminum foil (aluminum foil) from the
Republic of T[uuml]rkiye (T[uuml]rkiye). The period of review (POR) is
January 1, 2022, through December 31, 2022. In addition, Commerce is
rescinding the review, in part, with respect to one company. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable December 13, 2024.
FOR FURTHER INFORMATION CONTACT: Ian Riggs, 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) 482-3810.
SUPPLEMENTARY INFORMATION:
Background
On December 29, 2023, based on timely requests for review, Commerce
initiated this administrative review of the countervailing duty (CVD)
order on aluminum foil from T[uuml]rkiye.\1\ On January 6, 2024,
Commerce selected ASAS Aluminyum Sanayi ve Ticaret A.S. (ASAS) and
Assan Aluminyum Sanayi ve Ticaret A.S. (Assan) as the mandatory
respondents in this review.\2\ On March 28, 2024, the petitioners and
ASAS timely withdrew their requests for review for ASAS.\3\ Therefore,
on April 5, 2024, Commerce selected Panda Aluminyum A.S. (Panda) as an
additional mandatory respondent in this review.\4\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 90168 (December 29, 2023).
\2\ See Memorandum, ``Respondent Selection,'' dated January 26,
2024.
\3\ See ASAS's Letter, `` Withdrawal of Request for
Administrative Review,'' dated March 28, 2024 (ASAS'' Withdrawal);
see also Petitioners'' Letter, `` Petitioners'' Partial Withdrawal
of Request for Review,'' dated March 28, 2024 (Petitioners''
Withdrawal).
\4\ See Memorandum, ``Additional Respondent Selection,'' dated
April 5, 2024.
---------------------------------------------------------------------------
On July 15, 2024, Commerce extended the deadline for the
preliminary results of this review.\5\ On July 22, 2024, Commerce
tolled certain deadlines in certain administrative proceedings by seven
days.\6\ On November 8, 2024, Commerce extended the time period for
issuing these preliminary results by an additional 14 days.\7\ The
deadline for the preliminary results is now December 6, 2024.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2022 Countervailing Duty Administrative Review,'' dated
May 15, 2024.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\7\ See Memorandum, ``Second Extension of Deadline for
Preliminary Results of 2022 Countervailing Duty Administrative
Review,'' dated November 8, 2024.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\8\
A list of topics discussed in the Preliminary Decision Memorandum is
included as an appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic 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.
---------------------------------------------------------------------------
\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2022 Countervailing Duty Administrative Review of
Certain Aluminum Foil from the Republic of T[uuml]rkiye,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 9
---------------------------------------------------------------------------
\9\ See Certain Aluminum Foil from the Sultanate of Oman and the
Republic of Turkey: Countervailing Duty Orders, 86 FR 62782
(November 12, 2021) (Order).
---------------------------------------------------------------------------
The merchandise covered by the Order is aluminum foil from
T[uuml]rkiye. For a complete description of the scope of the Order, see
the Preliminary Decision Memorandum.
Partial Rescission of Administrative Review
In accordance with 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation of the requested review in the
Federal Register. On March 28, 2024, the petitioners and ASAS withdrew
their requests for review for ASAS.\10\ Because ASAS and the
petitioners timely withdrew their requests for a
[[Page 100960]]
review of ASAS, and no other party requested a review of ASAS, in
accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this
review, in part, with respect to ASAS.
---------------------------------------------------------------------------
\10\ See ASAS'' Withdrawal; See also Petitioners'' Withdrawal.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, Commerce preliminarily
determines that there is a subsidy, i.e., a financial contribution by
an ``authority'' that gives rise to a benefit to the recipient, and
that the subsidy is specific.\11\ For a full description of the
methodology underlying our conclusions, see the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\11\ 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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Preliminary Results of Review
As a result of this review, we preliminarily determine the net
countervailable subsidy rates for the period January 1, 2022, through
December 31, 2022, to be:
------------------------------------------------------------------------
Subsidy
rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Assan Aluminyum Sanayi ve Ticaret A.S.\12\................. 1.30
Panda Aluminyum A.S.\13\................................... 1.51
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Disclosure and Public Comment
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\12\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Assan: Ispak Esnek Ambalaj Sanayi A.S.; and Kibar Holding A.S. We
note that Assan has an affiliated trading company through which it
exported certain subject merchandise, Kibar Dis Ticaret A.S. (Kibar
Dis). Therefore, because Kibar Dis' subsidies are included as part
of Assan's total subsidy rate, we have not assigned a subsidy rate
to Kibar Dis. Entries of subject merchandise exported by Kibar Dis
will receive the rate of the producer listed on the U.S. Customs and
Border Protection (CBP) entry form.
\13\ We note that Panda has an affiliated trading company
through which it exported certain subject merchandise, Seherli
Danismanlik A.S. (Seherli). Seherli was not selected as a mandatory
respondent but was examined in the context of Panda. Therefore,
because Seherli's subsidies are included as part of Panda's total
subsidy rate, we have not assigned a subsidy rate to Seherli.
Entries of subject merchandise exported by Seherli will receive the
rate of the producer listed on the CBP entry form.
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Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in the Federal Register in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than 30 days after the date of publication
of this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs. Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\14\ All briefs must be
filed electronically using ACCESS. An electronically filed document
must be received successfully in its entirety in ACCESS by 5:00 p.m.
Eastern Time on the established deadline.
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\14\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
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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 briefs 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.\15\ 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).\16\
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\15\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\16\ See APO and Service Procedures.
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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 by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice. Requests should contain the party's name
and address, the number of participants; and a list of issues to be
discussed. Oral presentations at the hearing will be limited to issues
raised in the case and rebuttal briefs. If a request for a hearing is
made, Commerce will inform parties of the scheduled date for the
hearing.\17\
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\17\ See 19 CFR 351.310(d).
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Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce shall
determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review.
For ASAS, 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 January
1, 2022, through December 31, 2022, in accordance with 19 CFR
351.212(c)(l)(i). Commerce intends to issue assessment instructions to
CBP regarding ASAS no earlier than 35 days after the date of
publication of this notice in the Federal Register.
For Assan and Panda, 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
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amount indicated above with regard to shipments of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this review. For all non-reviewed firms, CBP will 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 instructions, when imposed, shall
remain in effect until further notice.
Final Results of Administrative Review
Unless the deadline in extended, pursuant to section 751(a)(3)(A)
of the Act and 19 CFR 351.213(h), Commerce intend to issue the final
results of this administrative review, including the results of our
analysis of the issues raised by the parties in any written briefs,
within 120 days after the date of
[[Page 100961]]
publication of these preliminary results in the Federal Register.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: December 6, 2024.
Abdelali Elouaradia,
Deputy 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. Diversification of T[uuml]rkiye's Economy
V. Subsidies Valuation
VI. Benchmarks and Interest Rates
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024-29323 Filed 12-12-24; 8:45 am]
BILLING CODE 3510-DS-P