Certain Aluminum Foil From the Republic of Türkiye: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022

<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>International Trade Administration</SUBAGY> <DEPDOC>[C-489-845]</DEPDOC> <SUBJECT>Certain Aluminum Foil From the Republic of Türkiye: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Enforcement and Compliance, International Trade Administration, Department of Commerce. <SUM> <HD SOURCE="HED">SUMMARY:</HD> 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. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable December 13, 2024. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> 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. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> 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. <SU>1</SU> <FTREF/> 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. <SU>2</SU> <FTREF/> On March 28, 2024, the petitioners and ASAS timely withdrew their requests for review for ASAS. <SU>3</SU> <FTREF/> Therefore, on April 5, 2024, Commerce selected Panda Aluminyum A.S. (Panda) as an additional mandatory respondent in this review. <SU>4</SU> <FTREF/> <FTNT> <SU>1</SU>   <E T="03">See Initiation of Antidumping and Countervailing Duty Administrative Reviews</E> , 88 FR 90168 (December 29, 2023). </FTNT> <FTNT> <SU>2</SU>   <E T="03">See</E> Memorandum, “Respondent Selection,” dated January 26, 2024. </FTNT> <FTNT> <SU>3</SU>   <E T="03">See</E> ASAS's Letter, “ Withdrawal of Request for Administrative Review,” dated March 28, 2024 (ASAS” Withdrawal); <E T="03">see also</E> Petitioners” Letter, “ Petitioners” Partial Withdrawal of Request for Review,” dated March 28, 2024 (Petitioners” Withdrawal). </FTNT> <FTNT> <SU>4</SU>   <E T="03">See</E> Memorandum, “Additional Respondent Selection,” dated April 5, 2024. </FTNT> On July 15, 2024, Commerce extended the deadline for the preliminary results of this review. <SU>5</SU> <FTREF/> On July 22, 2024, Commerce tolled certain deadlines in certain administrative proceedings by seven days. <SU>6</SU> <FTREF/> On November 8, 2024, Commerce extended the time period for issuing these preliminary results by an additional 14 days. <SU>7</SU> <FTREF/> The deadline for the preliminary results is now December 6, 2024. <FTNT> <SU>5</SU>   <E T="03">See</E> Memorandum, “Extension of Deadline for Preliminary Results of 2022 Countervailing Duty Administrative Review,” dated May 15, 2024. </FTNT> <FTNT> <SU>6</SU>   <E T="03">See</E> Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024. </FTNT> <FTNT> <SU>7</SU>   <E T="03">See</E> Memorandum, “Second Extension of Deadline for Preliminary Results of 2022 Countervailing Duty Administrative Review,” dated November 8, 2024. </FTNT> For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum. <SU>8</SU> <FTREF/> 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 http://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at <E T="03">https://access.trade.gov/public/FRNoticesListLayout.aspx.</E> <FTNT> <SU>8</SU>   <E T="03">See</E> 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). </FTNT> <HD SOURCE="HD1"> Scope of the Order  <E T="51">9</E> <E T="03">See Certain Aluminum Foil from the Sultanate of Oman and the Republic of Turkey: Countervailing Duty Orders</E> , 86 FR 62782 (November 12, 2021) (Order). </FTNT> 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. <HD SOURCE="HD1">Partial Rescission of Administrative Review</HD> 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 <E T="04">Federal Register</E> . On March 28, 2024, the petitioners and ASAS withdrew their requests for review for ASAS. <SU>10</SU> <FTREF/> Because ASAS and the petitioners timely withdrew their requests for a 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. <FTNT> <SU>10</SU>   <E T="03">See</E> ASAS” Withdrawal; <E T="03">See</E> also Petitioners” Withdrawal. </FTNT> <HD SOURCE="HD1">Methodology</HD> 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, <E T="03">i.e.,</E> a financial contribution by an “authority” that gives rise to a benefit to the recipient, and that the subsidy is specific. <SU>11</SU> <FTREF/> For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. <FTNT> <SU>11</SU>   <E T="03">See</E> 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. </FTNT> <HD SOURCE="HD1">Preliminary Results of Review</HD> 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: <GPOTABLE COLS="2" OPTS="L2,tp0,i1" CDEF="s25,10"> <TTITLE> </TTITLE> <CHED H="1">Company</CHED> Assan Aluminyum Sanayi ve Ticaret A.S. <SU>12</SU> </ENT> <ENT>1.30</ENT> </ROW> <ROW> <ENT I="01"> Panda Aluminyum A.S. <SU>13</SU> </ENT> <ENT>1.51</ENT> </ROW> </GPOTABLE> <HD SOURCE="HD1"> Disclosure and Public Comment  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. <SU>13</SU>  We note that Panda has an affiliated trading company through which it exported certain subject merchandise, Seherli Danis manlik 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. </FTNT> 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 <E T="04">Federal Register</E> 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. <SU>14</SU> <FTREF/> 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. <FTNT> <SU>14</SU>   <E T="03">See</E> 19 CFR 351.309(d); <E T="03">see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings,</E> 88 FR 67069, 67077 (September 29, 2023) ( <E T="03">APO and Service Procedures</E> ). </FTNT> As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 15k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━